(Recodified as Chapter 17.360 by Ord. 503)

(Recodified as Chapter 17.316 by Ord. 503)

For the purposes of this title, the city is divided into zoning districts designated as follows:

[Ord. 540 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) The location and boundaries of the zoning districts are shown on the map entitled, “Zoning Map of the City of Coos Bay,” dated with the effective date of the ordinance codified in this title and signed by the mayor, and hereafter referred to as the “zoning map.”

(2) The signed copy of the city’s zoning map shall be maintained on file with the city, and is made a part of this title.

(3) Revised Maps. The city council may, from time to time, direct the director to replace the official zoning maps, or portions thereof, with a map or maps, or portions thereof, which include all lawful changes of zone to date. Zoning maps, or portions thereof, filed as replacements, shall be adopted by ordinance. Any revisions or replacements of said maps, when duly entered, signed, and filed with the city as authorized by this chapter, are part of this title. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Unless otherwise specified, district boundaries are lot lines or such lines extended.

(2) Any land or property not specifically identified with a zoning designation shall be considered to be zoned as the most restrictive zone classification designated on adjoining and/or abutting properties, until such time as it is determined otherwise by a rezone action.

(3) The director shall have the authority to interpret zoning classification consistent with subsections (1) and (2) of this section and shall file any and all written interpretations with the city clerk’s office. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The low density and small lot residential districts have been established to be consistent with the Coos Bay Comprehensive Plan Land Use Plan 2000 and identify appropriate land uses and standards for low-density neighborhoods and neighborhoods with smaller lots. [Ord. 544 § 10 (Att. B), 2021; Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.220.020. The table identifies those uses in the low density residential districts that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements for proposed developments and uses are found in Chapter 17.130 CBDC.

[Ord. 551 § 1, 2022; 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. 480 § 3, 2016; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.220.030].

(1) All developments within the LDR districts shall comply with the density and dimensional requirements of Table 17.220.030, except as described in subsections (1)(a), (b) and (c) of this section.

(a) The maximum dwelling units per acre in Table 17.220.030 are not applicable to duplex dwellings.

(b) Accessory dwelling units are not subject to the density requirements of the zone.

(c) Density bonus for affordable housing as described in CBDC 17.335.140.

(2) Density Calculations.

(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.

[Ord. 540 § 6 (Exh. 1), 2021; Ord. 518 § 8 (Exh. 1), 2019].

The medium density residential (MDR) district is intended to provide for residential development opportunities, including certified factory-built homes, with a minimum density of 10 units per net acre and a maximum density of 25 units per net acre. The district is further intended to facilitate use of public transit, reduce the burdens of automobile related problems, and encourage efficient use of commercial services and public open space. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Generally, MDR zoning districts are in close proximity to collector or arterial roadways, current or proposed transit routes, near employment centers, and with good access to local public schools and parks. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.225.030. The table identifies those uses in the medium density residential district that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements for proposed developments and uses are found in Chapter 17.130 CBDC.

[Ord. 551 § 2, 2022; Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) All developments within the MDR zoning district shall comply with the density and dimensional requirements of Table 17.225.040, except as described in subsections (1)(a) and (b) of this section.

(a) The maximum dwelling units per acre in Table 17.225.040 are not applicable to duplex dwellings.

(b) Accessory dwelling units are not subject to the density requirements of the zone.

(c) Density bonus for affordable housing as described in CBDC 17.335.140.

(2) Density Calculations.

(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.

(3) Screening. Lots used for development of multi-unit dwellings abutting low density residential (LDR) districts shall employ a screening technique at the perimeter of the project as required in CBDC 17.335.060. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

A single-unit attached proposal shall meet the requirements of this section. Where a conflict exists between the development standards below and other applicable specific standards in the CBDC, the other specific standards shall apply.

(1) Notations on the plat and covenants running with the land, approved by the city attorney, shall guarantee that required side setbacks shall be kept perpetually free of obstructions.

(2) Prohibit single-unit attached housing in housing clusters greater than six units.

(3) Landscaping. Single-unit attached development projects may satisfy the minimum landscaping requirement by:

(a) Providing 200 square feet of enclosed private outdoor living area per bedroom for each individual dwelling unit, to be located in the rear or side yard of each individual lot; or

(b) Providing 200 square feet of common indoor or outdoor recreation area per bedroom for each individual dwelling unit. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) The commercial (C) district is intended to provide for the regular shopping and service needs for the community and adjacent service areas. Typical allowed uses include convenience food markets, beauty and barber shops, bakeries and service industries. These areas are held to a high standard of site plan review due to the close proximity of residential zones. Development activity shall meet, as applicable, the design guidelines contained in this code and ensure that there is safe, interconnected, and multimodal transportation access to and within development sites.

(2) The mixed-use (MX) district requires mixed-use developments to provide the community with a mix of mutually supporting retail, service, office and medium- or high-density residential uses. The zone is designed to promote cohesive site planning and design that integrates and interconnects two or more land uses into a development that is mutually supportive. It can provide incentives to develop a higher density, active, urban environment than generally would be found in a suburban community. This type of development is further expected to:

(a) Achieve the goals and objectives of the city’s comprehensive plan and capital facilities plans;

(b) Enhance livability, environmental quality and economic vitality;

(c) Maximize efficient use of public facilities and services;

(d) Create a safe, attractive and convenient environment for a variety of uses including living, working, recreating and traveling by all transportation modes.

(3) Applicability.

(a) General. The provisions of this section shall be applied to parcels or groups of contiguous parcels designated mixed-use on the city’s official zoning map.

(b) Interpretation. If the requirements of the mixed-use district conflict with other regulations, the more stringent shall apply.

(4) Definitions. For the purposes of this section, the following definitions shall apply:

(a) “Mixed-use development” shall mean a group of structures planned as a single entity and containing within and/or among them a variety of complementary and/or mutually supporting uses (such as housing, offices, retail, public service or entertainment).

(b) “Net acre” means an acre of the developable portion of the site, which is derived from the total (gross) acreage of the site minus the area required to be, or voluntarily, set aside, as critical and environmentally sensitive lands and the corresponding buffers, public rights-of-way, road easements and any similar public facilities. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.230.020. The table identifies those uses in the commercial districts that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements are found in Chapter 17.130 CBDC.

1    Within the Empire Area Blueprint study area, residential uses may occupy up to 100 percent of a building ground floor or story. Refer to Figure 17.330.010(C) for study area boundaries.

[Ord. 582 § 2, 2025; Ord. 553 § 2, 2022; Ord. 551 § 3, 2022; Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 513 § 7 (Exh. 2), 2019; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Table 17.230.030.

(2) Landscaping and Screening.

(a) Not less than 15 percent of the total lot area shall be landscaped. Pedestrian plazas, sidewalks over the minimum width and other pedestrian amenities may be used to meet the required landscaping at a one-to-one ratio.

(b) All heating and air equipment shall be appropriately screened from public view. This does not apply to roof-mounted equipment.

(c) All storage and trash areas must be enclosed and screened from public view.

(3) Development Standards.

(a) Residential/Commercial. All residential or mixed residential/commercial areas shall comply with the density standards noted in Table 17.230.030.

(b) Lot Standards.

(i) All development applications shall comply with the applicable standards for lot area dimensions, building height, and setbacks in Table 17.230.030.

(ii) Single-unit structures that are used for accessory commercial uses shall use the single-unit attached/detached development standards.

(iii) The maximum building height shall exclude unique architectural features such as steeples, chimneys, flagpoles, electronic aerials, and cupolas.

(iv) There shall be no setback restrictions in the commercial zone other than those imposed by the building code, except where the property abuts low density residential (LDR) zone district, unless otherwise noted.

(c) Site Planning Design Standards.

(i) Commercial and Mixed-Use Development.

(A) Blank walls facing public streets are discouraged. Features providing visual interest such as windows (genuine, false, or display), artwork, varied building materials, relief panels, trim, balconies, ledges or other techniques shall be employed to enhance building facades facing public streets.

(B) Rooflines shall be a minimum of 4:12 for pitched roofs. Lower pitched roofs or parapet rooflines shall provide additional architectural detailing including but not limited to: cornice, cap, relief panels, bay windows, shade projections, rain protection, eaves, dormers, ledges or overhangs as approved by the director.

(C) Rain protection shall be located at the primary entrance that is effectively designed to provide a minimum of 50 square feet of rain protection. This protection may use a single or combination of techniques such as awning, eave, alcove, airlock, recessed entry or porte-cochere.

(D) Finished surfaces on building elevations shall emphasize use of architectural grade natural building products such as wood, masonry, metal, glass, stucco, fiber cement, cultured stone or other stone materials. Use of plywood, vinyl, plastic composites, fiberglass or similar are prohibited unless otherwise permitted by the director.

(E) A diverse use of color is encouraged to display individuality within the community. Finished surfaces suitable for painting shall incorporate a color palette of at least two colors consisting of a base color and an accent (trim color). Repetitive or predictable alternate color schemes are discouraged.

(F) Hardscaping (i.e., curb-to-facade sidewalks with pedestrian amenities) may be substituted in lieu of landscaping requirements subject to review and approval of the review authority.

(ii) Multi-unit dwellings are subject to the standards at CBDC 17.335.120, Multi-unit dwelling standards.

(4) Special Limitations on Uses. All uses in the C and MX district(s) shall meet all of the following conditions:

(a) Odor, noise, emissions, vibration, heat and glare (except for exterior lighting) shall be controlled within the confines of the building or structure.

(b) No movement of heavy equipment on and off the site shall occur, except for truck deliveries.

(c) No outdoor testing of products or processes shall take place on the site.

(d) No highly combustible, explosive, or hazardous materials or waste shall be permitted on site.

(e) Outdoor storage must be screened from public view. [Ord. 544 § 10 (Att. B), 2021; Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

It is the city’s intent that, in accordance with the comprehensive plan, the industrial-commercial (I-C) district uses serve as an essential and vital economic base for the population of Coos Bay. This district provides suitable areas for a variety of industrial and commercial uses, including manufacturing, wholesale trade and distribution activities. This district also provides residential locations to support industrial and commercial uses.

The I-C district is intended to contain uses that will not generate excessive noise, pollution, vibration, smoke, dust, gas, fumes, odors, radiation and other violation characteristics. Conditional uses are those which may have some violation characteristics that may be mitigated and where such uses may be appropriately sited in Coos Bay. The I-C district is intended to be located in areas with relatively level topography, adequate water and sewerage facilities, and access to arterial streets and highways. [Ord. 544 § 10 (Att. B), 2021; Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.235.020. The table identifies those uses in the I-C district that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements are found in Chapter 17.130 CBDC.

[Ord. 544 § 10 (Att. B), 2021; Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 513 § 7 (Exh. 2), 2019; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 486 § 2, 2017; Ord. 473 § 3 (Exh. A), 2016].

Table 17.235.030 establishes dimensional requirements for industrial-commercial districts:

[Ord. 544 § 10 (Att. B), 2021; Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Developments in the I-C zoning district shall be designed and constructed in accordance with the following standards:

(1) Shared access points with abutting or adjacent development shall be provided whenever practicable as determined by the director.

(2) Service Roads, Spur Tracks, Hard Stands, Outside Storage Area. No service road, hard stand or outside storage area, or similar use, shall be permitted within required setbacks adjoining residential districts.

(3) Fences and Walls. Sight-obscuring fencing or walls, visible from the public right-of-way, shall be screened with dense sight-obscuring plant materials.

(4) Site Landscaping and Design Plan. A landscaping and design plan shall be approved by the director prior to the issuance of a building permit, which review may be conducted concurrent with the processing of building permits. The following requirements shall apply:

(a) If a blank wall is adjacent to residential zones the applicant shall provide and maintain a vegetative buffer of at least 11 feet high that creates a varied appearance to the blank wall. Other features such as false or display windows, artwork, and varied building materials are acceptable.

(b) Building facades facing public streets shall have 50 percent of the total surface area of the wall transparent.

(c) Private parking areas adjacent to city rights-of-way shall be physically separated from the rights-of-way by landscaping or other features to a height of three feet; a combination thereof may be permitted at the discretion of the director.

(d) Primary building entrances shall be physically oriented to the street or to a pedestrian walkway with entry way features at a pedestrian scale.

(e) If a development is located within 250 feet of an existing or proposed transit stop, the applicant shall comply with transit authority requirements for a transit stop and/or shelter.

(f) All off-street parking areas shall be planted with a minimum of one deciduous tree for every six parking spaces. Trees shall be of such species and spacing that a canopy effect shall result. Trees must be dispersed throughout the parking lot.

(g) Required setback areas adjacent to streets and those abutting a residential district shall be continuously maintained in lawn or live ground cover. Allowed uses in these areas are bikeways, pedestrian paths and water quality facilities.

(h) A minimum of 20 percent of the site shall be landscaped. Vegetated stormwater treatment facilities and pedestrian plazas may be used to satisfy the requirement.

(i) To qualify as a pedestrian plaza the following conditions must be met:

(i) Minimum Size. A minimum of 10 feet depth and width with a minimum size of 650 square feet.

(ii) Paving. A minimum of 80 percent of the area shall be paved in a decorative paver or textured, colored concrete. Asphalt is prohibited as a paver in pedestrian plazas.

(iii) Structures and open spaces should be clustered on site to maximize the campus and open space qualities within the development.

(j) When security fencing is required, it shall be a combination of solid wall, wrought iron, dense hedges or other similar treatment. Long expanses of fences or walls shall be interspersed with trees or hedges to break up the appearance of the wall at least every 50 feet for a distance of at least five feet.

(5) Pedestrian Access Plan. An on-site pedestrian circulation system must be provided, which connects the street to the public entrances of the structure(s) on site.

(a) The circulation system shall be hard-surfaced and be at least five feet wide.

(b) Where the system crosses driveways, parking, and/or loading areas, the system must be clearly identifiable through the use of elevation changes, speed bumps, varied paving materials or other similar methods approved by the reviewing authority and in compliance with the Americans with Disabilities Act (ADA).

(c) The on-site pedestrian circulation system and parking areas must have a minimum average illumination level of 10 lux (1.0 foot-candle). The uniformity ratio should be designed for 3:1 to provide adequate pedestrian lighting so that parking areas can be used safely when natural light is not present.

(6) Performance Standards.

(a) No land or structure shall be used or occupied within this district unless the activity complies with the following minimum performance standards:

(i) Maximum permissible noise levels shall not exceed permitted levels measured at the appropriate measuring points established by the Oregon Department of Environmental Quality. If there is doubt that the proposed use will violate these standards or if a valid complaint has been registered about the level of noise, the owner or agent may be required to show written compliance with state regulations.

(ii) Vibration. Vibration other than that caused by highway vehicles, trains, and aircraft, which is discernible without instruments at the property line of the use concerned, is prohibited.

(iii) Smoke and Particulate Matter. Air emissions must be within legal limits as approved by the Oregon Department of Environmental Quality.

(iv) Odors. The emission of noxious gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating such odors is prohibited.

(v) Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building. Exterior lighting shall be designed to shield surrounding streets and land uses from violation and glare.

(b) Administration. As a condition for the granting of a building permit and/or site plan approval, at the request of the responsible official, the applicant shall furnish information sufficient to determine the degree of compliance with the standards in this section. Such request may include submission of continuous records of operation for periodic checks to assure maintenance of standards, and special surveys.

(7) Light and Glare Standards.

(a) Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building.

(b) Exterior lighting shall be shielded and directed away from lots in adjacent uses.

(c) Interior lighting in parking structures shall be shielded to minimize nighttime glare affecting lots in adjacent uses.

(d) When nonconforming exterior lighting is replaced, new lighting shall conform to the requirements of this section.

(8) Outdoor Storage Standards.

(a) All storage areas (including but not limited to areas used to store raw materials, finished and partially finished products and wastes) shall be screened from adjoining properties or public rights-of-way. Storage areas which adjoin residential districts or in areas where differences in elevation defeat the purpose of this requirement shall be screened with a fence which shall be placed on top of a berm in order to effectively screen the use.

(b) Screening shall be placed on all sides of storage areas other than where a building wall would act as a screen.

(c) Outdoor storage is prohibited as follows:

(i) In floodways;

(ii) On slopes greater than 15 percent;

(iii) In parking stalls;

(iv) In areas where outdoor storage or display causes traffic or pedestrian circulation problems as determined by the responsible official or where a minimum five-foot-wide walkway does not remain clear and free of obstructions;

(v) Any materials that attract animals, birds or vermin; and

(vi) In fire lanes.

(d) The applicant shall demonstrate that both outdoor storage and the screening for outdoor storage are in the appropriate locations on the site to minimize impacts, given the operational practices of the facility.

(9) Vibration. Site-generated ground vibrations shall not be perceptible by a person of ordinary sensitivity, without instruments, at any point of any property line of the property on which a use or structure is located. Vibrations from temporary construction activities and vehicles that leave the property (such as trucks, trains, airplanes and helicopters) are excluded.

(10) Electromagnetic Interference. Electric fields and magnetic fields shall not be created that adversely affect the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the Federal Communications Commission under the Federal Telecommunications Act of 1996 or its successor.

(11) Sufficient right-of-way shall be dedicated to ensure space necessary for freight access, as determined by the street functional classification and right-of-way standards in CBMC 18.15.010(2), Table 3-1. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The waterfront heritage district (WH) district is created to achieve the following objectives:

(1) To diversify the local economy.

(2) To preserve the city’s historical waterfront and guide private and public development in a direction that strengthens a relationship to that setting.

(3) To guide the construction of private and public improvements to evoke historic architectural styles which existed in the Coos Bay area between the 1870s and the 1920s.

(4) To provide for a mix of uses and improvements that include:

(a) Existing waterfront industrial uses;

(b) New water-oriented, water-related and non-water-related service businesses;

(c) Amenities and attractions which encourage public access to and enjoyment of the waterfront;

(d) Urban residential opportunities; and

(e) Non-water-dependent industrial uses.

(5) To provide an opportunity to reclaim the city’s waterfront heritage and express pride in our past and present by redevelopment which evokes, but does not necessarily duplicate, the appearance of the early days of Euro-American settlement.

(6) To promote physical, cultural and commercial links among Front Street, the boardwalk and the downtown core area.

(7) To ensure that there is safe, interconnected, and multimodal transportation access to and within development sites.

(8) To accommodate pedestrian connectivity to and along the Coos Bay waterfront. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The WH district shall be made up of three zoning subdistricts defined as follows:

(1) WH-1, Core Area. The area bounded by Alder Avenue to the south, U.S. 101 (North Bayshore) to the west, Date Avenue to the north and the Coos Bay waterway to the east.

(2) WH-2, Transition Area. The area bounded by Commercial Avenue to the south, U.S. 101 (North Bayshore) to the west, Fir Avenue to the north, and the Coos Bay waterway to the east, except that area defined as WH-1.

(3) WH-3, Central Dock Area. The area bounded by Fir Avenue on the south, U.S. 101 (North Bayshore) to the west, Ivy Avenue to the north and the Coos Bay waterway to the east. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The following are permitted uses in the WH district:

(1) For those areas lying east of Front Street, including the WH-3 subdistrict, all commercial, industrial, and civic uses which are water-dependent or water-related are permitted as allowed by the Coos Bay estuary management plan.

(2) Uses which are not water-dependent or water-related are permitted as set forth in Table 17.240.055. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The following uses are permitted in the WH district if authorized in accordance with the provisions of Chapter 17.347 CBDC, Conditional Uses:

(1) Civic use types as defined in Chapter 17.150 CBDC.

(2) Commercial Use Types.

(a) Business equipment sales and service.

(b) Repair service, consumer.

(c) Tourist habitation – waterfront inn, WH-2 and WH-3 subdistricts only.

(3) Industrial Use Types. Manufacturing, WH-3 subdistrict only.

(4) Horticulture use types as defined in Chapter 17.150 CBDC. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The following uses are expressly prohibited in the WH district:

(1) Civic Use Types.

(a) Educational service.

(2) Commercial Use Types.

(a) Automobile and Equipment.

(i) Cleaning.

(ii) Fleet storage.

(iii) Repairs, light and heavy equipment.

(iv) Sales/rental, light and heavy equipment, except boats.

(v) Storage, nonoperating vehicles.

(b) Agricultural sales/services.

(c) Building/property maintenance service.

(d) Fuel sales, other than marine.

(e) Transportation services, except rail and marine.

(f) All marijuana related businesses. [Ord. 553 § 3, 2022; Ord. 550 § 1, 2022; Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.240.055. The table identifies those uses in the waterfront heritage district that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited use.

The applicable procedural requirements are found in Chapter 17.130 CBDC.

[Ord. 553 § 4, 2022; Ord. 550 § 2, 2022; Ord. 541 § 6 (Exh. 1), 2021].

Notwithstanding Chapter 17.328 CBDC, Nonconforming Uses, uses legally established on May 1, 2001, the date the WH district was established, which would not otherwise be permitted in the WH district, are deemed to be preexisting uses and are allowed to continue on the same lot(s) or parcel(s), subject to the provisions of this section.

(1) Changes and/or Expansion.

(a) Any preexisting use which is changed to a permitted use shall not afterwards be changed back to the preexisting use.

(b) A preexisting use may be expanded and/or altered on the same lot. Expansion and/or alteration of improvements housing a preexisting use may occur on the same lot(s) or parcel(s), provided improvements connected with such expansion and/or alteration conform to the property development requirements of CBDC 17.240.070, Property development requirements, which includes design review standards. However, additional or different uses, not permitted by the WH district, are not allowed.

(2) Discontinuation. If a preexisting non-water-dependent or water-related use is discontinued for a period of 12 consecutive months, the use shall not be reestablished. Further uses on the premises shall be in conformity with the provisions of this chapter.

(3) Restoration. An improvement housing a preexisting use which is damaged by fire, natural disaster, or other casualty may be restored to its previous condition and the preexisting use resumed, provided such restoration is commenced within a period of 180 days after the event constituting the casualty. This limitation may be waived or extended by the director by filing a request not more than 160 days after the event constituting the casualty upon a showing of good cause by the owner. A decision by the director may be appealed to the planning commission pursuant to Chapter 17.130 CBDC, Procedures.

(4) Maintenance. Nothing in this chapter shall be construed to prohibit normal repair, maintenance, and nonstructural alterations, nor the alteration, strengthening, or restoration of any improvement housing a preexisting use to safe condition as required by law. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The following property development requirements shall apply to all land and improvements in the WH district:

(1) For property adjacent to the waterfront, primary ground level uses that are not water-dependent or water-related and are permitted or conditionally permitted in the WH zone are allowed, provided the following standards are met:

(a) Commercial or civic uses are water-oriented and provide goods and services to the general public.

(b) Except for non-water-dependent industrial uses in the WH-3 subdistrict:

(i) A structure on the land abutting the waterfront provides a view of the water from the interior of the building.

(ii) At least one pedestrian access point to the waterfront is encouraged for each structure.

(iii) Row houses are exempt from the standards in this subsection in the WH-2 and WH-3 zoning subdistricts.

(2) All development shall demonstrate compliance with this chapter. For the purposes of this chapter, “development” is defined as any new structure or an extension or increase in floor area or height of an existing structure, or change to the style, signage, color, window (size/pattern/material), siding or detailing on the exterior of any existing building.

(a) Existing water-dependent/water-related uses established on May 1, 2001, the date this provision is adopted, are exempt from the architectural design review.

(b) The provisions of this chapter shall not prevent construction, reconstruction, alteration, restoration, demolition or removal of any building or portion of a building when the building official or fire marshal determines that such an emergency action is required for the public safety due to an unsafe or dangerous condition.

(c) Ordinary maintenance or repair of the exterior of a structure that does not involve a change in design or external appearance is exempt from design review. Similar or like materials must be used for the maintenance or repair.

(d) The color of paint or stain to be applied to the exterior of the building is a ministerial decision to be made by the director or designee. The proposed colors must be from, or similar to, the historical color palette, located in the community development department.

In a 12-month period, if less than 10 percent of the paintable wall area is to be covered with the building’s existing paint color or stain, approval of the color is not necessary.

(3) Lot Standards.

(a) Minimum Lot Width. Each lot shall have a minimum width of 25 feet.

(b) Minimum Lot Area. Each lot shall have a minimum lot area of 2,000 square feet.

(4) Building Coverage. No minimum requirement.

(5) Building Height.

(a) WH-1 and WH-2 Zoning Subdistricts. All buildings or structures shall be no more than three stories, or 35 feet in height, whichever is lower.

(b) WH-3 Zoning Subdistrict. No building or structure shall be greater than four stories, or 60 feet in height, whichever is lower.

(6) Yards. Except for a bus shelter, the setback from a property line abutting Front Street shall be not more than two feet from the edge of the public right-of-way except that up to 25 percent of the facade may be set back a maximum distance of 10 feet. There are no side yard or waterfront setback requirements.

Structures on other streets in the WH district have no setback requirements other than those imposed under state or local building codes.

(7) Fences and Walls. Where fences or walls are used to reduce noise, provide security, create privacy, or for any other purpose, a pedestrian scale along the street shall be maintained. Techniques used to maintain a pedestrian scale may include, but are not limited to, the following:

(a) Small setbacks, indentations, stepped fence heights, or other means of breaking up the fence or wall surface and heights;

(b) Different textures, colors, or materials (including landscape materials) to break up the wall surface; or

(c) Special lighting, canopies, awnings, horizontal trellises and other pedestrian-oriented features that break up the size of the blank wall surface.

(8) Parking.

(a) WH-1 and WH-2 Zoning Subdistricts. Off-street parking is not required except in WH-2 for the conditionally permitted use, tourist habitation – waterfront inn. All off-street parking, if provided, shall be on the interiors of lots or behind buildings, to the maximum extent practicable and in accordance with Chapter 17.330 CBDC, Off-Street Parking and Loading Requirements. Off-street parking should be as unobtrusive as possible and screened in such a manner so that it is not visible from adjacent streets or public pedestrian walkways.

(b) WH-3 Zoning Subdistrict. Off-street parking shall be provided in accordance with Chapter 17.330 CBDC, Off-Street Parking and Loading Requirements.

(9) Screening. Mechanical equipment, outdoor storage areas, utility vaults, trash receptacles and satellite dishes or other mobile communications equipment shall be screened in a manner so that they are not visible from adjacent streets, public pedestrian walkways, or the water. Satellite dishes and mobile communications cell sites should be ground- or wall-mounted unless technically infeasible. The dish/antenna should be screened and located in such a manner so as to reduce visibility from adjacent roadways and pedestrian ways.

(10) Utility Lines. Utility lines, including, but not limited to, those used for electricity, communications, street lighting and cable television, shall be placed underground for new construction or major remodeling. The director may waive the requirements if topographical, soil or other conditions make such underground installation or screening of aboveground equipment impracticable.

(11) All uses within the WH district which are served by Alder, Birch, Cedar, Date and Fir Streets are encouraged to use these streets for vehicular ingress and egress. Curb openings onto Front Street and North Bayshore Drive are discouraged.

(12) All development shall provide adequately sized trash receptacles, screened from public view.

(13) Decks and Docks.

(a) WH-1 Zoning Subdistrict. Owners of improvements along the Coos Bay waterfront between Alder Street and Date Street shall be encouraged to cooperate with the city and adjacent property owners in the development of a dock street to provide public access to the waterfront and water-oriented uses for pedestrians, emergency and service vehicles, and other community-oriented uses. Design specifications shall be in accordance with CBDC 17.240.080, Architectural design.

(b) WH-2 and WH-3 Zoning Subdistricts. Public access to the waterfront shall be encouraged.

(14) Landowners shall sign a waiver of remonstrance against the creation of any local improvement districts if the improvements are part of a project adopted by the urban renewal agency.

(15) Trip Analysis. For the purposes of this section, a “trip analysis” is a study or report consistent with methods described in CBMC 18.40.010.

(a) Prior to approval of any use, or the expansion of a use, in the area comprised of subdistrict WH-3 and the portion of subdistricts WH-1 and WH-2 lying east of Front Street, it is necessary to ensure that the cumulative ADT generated in this area only, by existing uses and the proposed use, does not exceed a total 8,000 ADT.

(b) The applicant must complete a trip analysis for development or re-development of 20 or more residential units or 20,000 square feet or more of commercial or industrial development or as required by the director. The trip analysis must conform to the methods described within CBMC 18.40.010.

(c) A copy of the analysis and cumulative figures shall be sent to the Oregon Department of Transportation, Region 3, which will have 10 days to respond to the city in writing before approval may be granted.

(d) The 8,000-ADT limitation for the area shall be removed or modified only in accordance with OAR 660-012-0060.

(16) For non-water-dependent manufacturing in the WH-3 subdistrict, development must be oriented on the site to minimize adverse impacts and to protect the privacy of adjacent uses to the maximum extent possible.

(a) Manufacturing operations must be conducted in completely enclosed buildings;

(b) The city may require landscaping, walls or other buffering to mitigate adverse noise, light, glare, and aesthetic impacts to adjacent properties;

(c) Mechanical equipment, lights, emissions, shipping/receiving area, and other components of an industrial use that are outside enclosed buildings shall be located away from other nonindustrial uses to the maximum extent possible; elements listed in subsection (16)(b) of this section may also be subject to this requirement;

(d) Uses which are likely to create significant adverse impacts beyond the industrial site property boundaries with respect to noise, light/glare, dust, or vibrations shall minimize the impacts to the maximum extent possible. The following criteria shall be used to determine whether or not the adverse impacts of a use are likely to be “significant”:

(i) Maximum permissible noise levels shall not exceed permitted levels measured at the appropriate measuring points established by the Oregon Department of Environmental Quality. If there is doubt that the proposed use will violate these standards, or if a valid complaint has been registered about the level of noise, the owner or agent may be required to show written compliance with state regulations.

(ii) Vibration. Vibration other than that caused by highway vehicles, trains, and aircraft, which is discernible without instruments at the property line of the use concerned, is prohibited.

(iii) Smoke and Particulate Matter. Air emissions must be within legal limits as approved by the Oregon Department of Environmental Quality.

(iv) Odors. The emission of noxious gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating such odors is prohibited.

(v) Heat and Glare. Except for exterior lighting, operations producing heat and glare shall be conducted entirely within an enclosed building. Exterior lighting shall be designed to shield surrounding streets and land uses from glare.

(17) Land to accommodate the planned Coos Waterfront Walkway alignment, as shown in Figure 12 of the TSP and described in the Tier 2 TSP Project List, shall be provided through either existing right-of-way, right-of-way that is created and dedicated to the city, or easements dedicated through development approval. Minimum boardwalk right-of-way width shall be 14 feet. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Intent. The intent of the architectural design review goals and standards is to ensure that proposals for construction of new structures and for major remodeling of existing structures evoke the appearance of the prevailing architectural styles of the buildings in the WH district as they might have existed if constructed between the 1870s to the 1920s. For the purposes of this section, these styles are referred to as the “designated historic styles.” “Historical Buildings of Empire and Front Street,” a notebook of photographs from the historical time period, is available for review at the community development department.

(2) Architectural Design Review Goals and Standards. In order to be approved, a design proposal must comply with both the architectural design review goals and standards.

(a) Architectural design review goals are the conceptual framework establishing the underlying objectives to be achieved by new development and modifications to existing development in the district. Architectural design review standards are the approval criteria developed to implement these architectural design review goals and used to review new development and modifications to existing development. Adherence to the architectural design review standards ensures the conservation and enhancement of the special characteristics of each district.

(b) Architectural design review standards are mandatory approval criteria used in the design review process. A design review application will be approved if the review authority finds the applicant has shown the proposal complies with the architectural design review standards; provided, however, one or more of the guidelines may be waived as part of the design review process if the applicant can demonstrate that the proposal satisfies the architectural design review goals for the district.

(c) The factors which will be used in the evaluation process include architectural style of the proposal, compatibility with scenic values and architectural resources in the district, design quality, structural placement, dimensions, height, bulk, lot coverage by structures, exterior appearance of the building, open areas, and landscaping.

(3) Architectural Design Review Goals.

(a) Building Design – Massing. “Massing” is defined as a composition of two-dimensional shapes or three-dimensional volumes which gives the impression of weight, density and bulk. If the following are met acceptable massing may be accomplished:

(i) Design should result in buildings with a perceived size that maintains a human scale that is comfortable and attractive for pedestrians.

(ii) Design should result in a quality street environment that is attractive to pedestrians and development.

(iii) Buildings of special historic significance and merit should be preserved. Maintain or restore as many of the proportions, dimensions and architectural details of historical significance, which were original or added to the building during the designated historic period.

(iv) New or remodeled structures abutting or directly across from buildings that have been identified as historic should be designed so as to preserve, and not detract from, the historic context and merit of the building.

(v) Buildings should have consistent visual identity from all sides visible to the general public.

(b) Building Design – Articulation. “Articulation” is defined as the emphasis given to architectural elements (such as windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. If the following are met acceptable articulation may be accomplished:

(i) The pattern and proportion of doors and windows should be similar to existing historic buildings in the WH district, and/or evoke the designated historic styles.

(ii) Finish materials, details and colors should evoke the designated historic styles.

(iii) Signage. Design for signs should emulate signage that existed during the designated historic period.

(4) Architectural Design Review Standards. The purpose of these architectural design review standards, along with the notebook “Historical Buildings of Empire and Front Street,” is to serve as a resource for designing development that will satisfy the architectural design review goals for the WH district. Design proposals may be approved if the following standards are met:

(a) Building Design – Massing.

(i) Use articulation on either new or existing building facades to reduce the bulk of buildings. Methods include, but are not limited to, the following:

(A) Modulation;

(B) Broken rooflines; or

(C) Building elements such as balconies, chimneys, porches or other entry details, and landscaping.

(ii) Use architectural features such as cornices or other details that lower the apparent height of the building.

(iii) Place display windows at the street level around the exterior of larger commercial buildings.

The pattern and proportion of windows, doors and other glazed areas is important in determining the building’s architectural character. Rooflines can reinforce the architectural character of a street. Architectural features like cornices can relate to adjacent buildings, lowering the apparent, conflicting height of the building.

(iv) The front elevation of large structures should be divided into smaller areas or planes. When the front elevation of a structure is more than 750 square feet in area, the front elevation should be divided into distinct areas by:

(A) Creating a bay window or other building extension of at least one foot or more from the main structure;

(B) Creating a roof pediment that is the full width of the structure; or

(C) Setting part of the facade back one or more feet from the rest of the facade.

(v) For existing buildings of historic significance (in the WH district, these buildings are the Marshfield Sun at 1049 North Front Street, the Coos Bay Iron Works at 896 North Front Street and the Cahill Building, formerly Ferguson Transfer, 318 North Front Street):

(A) Restore or retain as many historic features as possible;

(B) Maintain or restore original proportions, dimensions and architectural elements;

(C) Select paint and material colors which are historically accurate, coordinate the entire facade, and do not conflict with adjacent buildings; and

(D) Consult available historical resources such as the Coos Historical Society, private historians or photographic archives.

(vi) At locations abutting or adjacent to buildings of historical significance:

(A) Use a roofline that emulates the historic building;

(B) Use doors, windows, materials and details similar to the historic building; and

(C) Break up the building facade using articulation which reflects the scale and proportions of the historic building.

(vii) Continue exterior materials, architectural detailing, and color scheme around all sides of the building. Buildings must present an equivalent level of quality of materials, detailing and fenestration on all sides visible to the general public.

(viii) Reserve bright colors for trim or accents unless it is common to the architectural style.

(ix) Use of reflective exterior materials where glare would shine into nearby buildings is prohibited.

(b) Building Design – Articulation – Finish Materials.

(i) Buildings should use wood or simulated wood products as their exterior finish material on elevations exposed to view from locations accessible by the public. Horizontal wood or simulated wood siding and wood shingles should be applied with exposure of each course not exceeding eight inches in width. Vertical siding should be rough-sawn “board on board” typical to the designated historical styles.

(ii) Plain plywood or grooved plywood panels should not be used as exterior finish materials on elevations exposed to view from locations accessible by the public.

(iii) Concrete or concrete block should not be exposed to view as exterior finish materials except for foundation walls not extending more than one foot above the finished grade level adjacent to the wall.

(iv) Wavy corrugated metal siding (rather than bold rib, box rib or v-beam) may be used as the finish material on exterior walls only if combined with other materials and details in such a way as to create a design that reflects the designated historic styles.

(v) The design, detailing and trimming of the rooflines, porches, windows, doors and other architectural features should be in a manner that is in keeping with the designated historic styles.

(vi) Glass should be clear or ornamental stained glass. Translucent glazing should be used only for restrooms.

(vii) Roofing materials exposed to view should be wood shingles, composition roofing, or corrugated metal roofing in a subdued color that is in keeping with the historic styles noted.

(viii) Decorative features such as cupolas, cresting, chimneys, barge (rake), and soffit/fascia trim are encouraged if keeping with the architectural style.

(ix) Light fixtures should be integrated with architectural elements.

(A) Decorative light fixtures that are in keeping with the historic styles are encouraged.

(B) Exterior light fixtures must not compete with city-furnished sidewalk period lights. Building lights should be metal halide or incandescent and are to be directed away from pedestrians and street traffic so as to avoid glare.

(5) Signage. Signs will be reviewed by the design assistance team (DAT) based on the standards set forth below. A sign permit is also required which will be reviewed by staff pursuant to the provisions in Chapter 17.333 CBDC, Signs. If the provisions conflict, the stricter shall apply.

(a) Design for signs should emulate signage that existed during the designated historic period, and be consistent with the character of the storefront, the building on which they are situated and the area as a whole. Review for consistency includes, but is not limited to, evaluation of size, shape, position, materials and illumination in relationship to the facade and abutting and adjacent structures.

(b) Signs on a business front are limited to a building sign on each building face (identifying the building name), a sign for each business entry (vehicular or pedestrian), and interior painting of street-front windows.

(c) Signs shall have a minimum clearance of eight feet above a pedestrian walkway and 15 feet above a public street or alley, driveway, or parking lot. Signs shall not be closer than two feet to any curbline. A projecting sign shall not project more than eight feet beyond the property line.

(d) All signs shall:

(i) Be of an appropriate size and design;

(ii) Be sited sympathetically on the building;

(iii) Not obscure or remove detailing on the building;

(iv) Be designed as part of the building and not treated as an unrelated addition; and

(v) Be related to the style and character of the building and general area.

(e) Allowed Sign Types.

(i) “Wall/fascia sign” means a sign placed on the vertical surface of a wall or fascia where the wall or fascia is suitable for sign attachment. A wall/fascia sign must not extend across two storefronts or across separate buildings.

(ii) “Projecting or hanging sign” means a sign where the message area is displayed perpendicular to the building fascia.

(iii) “Awning sign” means a structure made of fabric or similar material with a painted metal frame which is attached to a building and projects over a public walkway. An awning shall have no soffits, plastic components or internal lighting. Plastic awning fabrics are prohibited. Advertising material attached to an awning is an awning sign.

(iv) “Marquee sign” means either a fascia sign, projecting sign or awning sign which contains movable letters or devices. A marquee sign shall not contain any plastic parts and shall not be internally illuminated.

(v) Interior Painted Window Signs. These signs are regulated. However, interior painted window signs with holiday themes are allowed up to 45 days without approval of a sign permit.

(vi) Miscellaneous. Sign types not otherwise listed which comply with the requirements of this subsection may be allowed upon approval by the review authority upon recommendation of the DAT.

(vii) Neon Sign. Any sign where neon or other gas contained in tubing is illuminated by the application of electric current is prohibited, except property abutting North Bayshore Dr. (U.S. Highway 101) where signage would be allowed if placed within 10 feet of the west property line.

(viii) Sandwich Board. Portable signs that are not permanently affixed to the ground or a structure are prohibited.

(ix) Off-premises signs are prohibited.

(x) Readerboard signs are prohibited, except for properties abutting North Bayshore Dr. (U.S. Highway 101) and properties on North Front Street from Fir Ave. to Ivy Ave. if the readerboard sign is placed within 10 feet of the west property line. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The W-I district is included in the zoning regulations to achieve the following city objectives:

(1) To reserve the waterfront for uses which require water access for successful operation.

(2) To support the economic well-being and stability of the city’s maritime economy.

(3) To preserve lands determined to be exceptionally suited for water-dependent and water-related uses. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The uses, which are permitted, conditional, or prohibited, shall be regulated by the Coos Bay estuary management plan. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) Special Permits.

(a) It shall be the responsibility of the applicant to acquire other permits required by local, state and federal agencies prior to the issuance of a building permit by the city.

(2) Lot Standards.

(a) Minimum Area. No requirements.

(b) Minimum Width. No requirements.

(3) Building Coverage. No requirements.

(4) Building Height. No requirements.

(5) Fences and Walls. No requirements, except to protect the health, safety, and general welfare of the public.

(6) Landscaping and Screening.

(a) All heating and air-handling equipment shall be appropriately screened from public view. This does not apply to roof-mounted equipment.

(b) All storage and trash areas must be enclosed and screened from public view.

(7) Utilities. When practical, utilities such as power lines, telephone lines, and television cable shall be installed in underground conduits and approved by the public works department.

(8) By-Products. There shall be no emissions, odor, gas, mist, vapor, pollen, soot, carbon, acid, smoke, fume, dust, particulate matter, or other air, water, or land pollution which exceeds permitted levels of local, state, or federal regulations. If the director determines that the proposed use might violate these standards or if a valid complaint has been registered about the possible pollution, the director may require the owner or agent to show written compliance with state regulations.

(9) Noise. Maximum permissible noise level shall not exceed permitted levels measured at the appropriate measuring points established by the Oregon Department of Environmental Quality. If there is doubt that the proposed use will violate these standards or if a valid complaint has been registered about the level of noise, the owner or agent may be required to show written compliance with state regulations.

(10) Pedestrian Circulation. Pedestrian connectivity to and along the waterfront shall be provided throughout the project pursuant to CBDC 17.330.030 and 17.335.090. [Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

This area is intended to preserve the unique heritage of the Hollering Place and to increase the pedestrian connection to the water. [Ord. 582 § 4, 2025].

The Hollering Place (HP) district shall be made up of two subdistricts, described as follows:

(1) HP-1, Upper Bluff Area. The upper bluff area encompasses the area west of Empire Boulevard, south of Newmark Avenue for a distance of approximately 225 feet, and east of the HP-2 subdistrict at the bottom of the bluff. This area contains approximately 0.84 acre (36,779 square feet).

(2) HP-2, Lower Bench Area. The remainder of the zoning district includes the area at the bottom of the bluff east of Mill Street for a distance of approximately 260 feet south of Newmark and the area west of Mill Street, south of Newmark Avenue, east of the mean high-water line and north of Holland Avenue. This area contains approximately 2.11 acres (92,049 square feet). The area west of Mill Street and east of the mean high-water line is also designated Coos Bay estuary management plan 54-UW (urban water-dependent). [Ord. 582 § 4, 2025].

The uses, which are permitted, conditional, or prohibited, shall be regulated by the Coos Bay estuary management plan. [Ord. 582 § 4, 2025].

(1) All marijuana related businesses. [Ord. 582 § 4, 2025].

Development and lot standards in the commercial zone district shall apply to uses and developments in the HP zone district. [Ord. 582 § 4, 2025].

The urban public (UP) district is intended to accommodate public services and ancillary uses to accommodate residents and long-term visitors. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The permitted uses in the UP district include public facilities, public parks, playgrounds, open spaces, cemeteries, and natural resource preservation or enhancement, subject to the applicable provisions of this and other applicable provisions of this title.

Land uses and permit requirements are listed in Table 17.255.020. The table identifies those uses in the urban public district that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements are found in Chapter 17.130 CBDC.

[Ord. 553 § 6, 2022; Ord. 550 § 4, 2022; Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

(1) The development standards specified in Table 17.225.030 shall apply to land uses and structures in the UP district, unless otherwise specified for specific land uses noted in Table 17.255.020:

(2) Additional Development Standards.

(a) Features providing visual interest such as but not limited to windows, artwork, varied building materials, relief panels, trim, balconies, ledges or other techniques shall be used to provide visual interest to all building facades.

(b) Rooflines shall be a minimum of 4:12 for pitched roofs. Lower pitched roofs or parapet rooflines shall provide additional architectural detailing including but not limited to: cornice, cap, relief panels, bay windows, shade projections, rain protection, eaves, dormers, ledges or overhangs as approved by the director.

(c) Rain protection shall be located at the primary entrance that is effectively designed to provide a minimum of 50 square feet of rain protection. This protection may use a single or combination of techniques such as awning, eave, alcove, airlock, recessed entry or porte-cochere.

(d) Finished surfaces on building elevations shall emphasize use of architectural grade natural building products such as wood, masonry, metal, glass, stucco, fiber cement, cultured stone or other stone materials. Use of plywood, vinyl, plastic composites, fiberglass or similar are prohibited.

(e) A diverse use of color is encouraged to display individuality within the community. Finished surfaces suitable for painting shall incorporate a color palette of at least two colors consisting of a base color and an accent (trim color). Repetitive or predictable alternate color schemes are prohibited.

(f) Hardscaping (i.e., curb-to-facade sidewalks with pedestrian amenities) may be substituted in lieu of landscaping requirements subject to review and approval of the review authority.

(g) Outdoor storage must be screened from public view.

(3) Riparian Vegetation.

(a) Riparian vegetation surrounding Empire Lakes is considered significant habitat in the comprehensive plan. This habitat shall be protected by leaving the existing vegetation undisturbed to its full width, if possible, but at least to a width of 50 feet measured horizontally from the shoreline. If there is less than 50 feet of vegetation, all of it shall be protected. The shoreline shall be the line of nonaquatic vegetation.

(b) Water access, trails/paths, picnicking areas, or other recreation uses may be permitted if the activities are part of a master plan for the park, and if they constitute no more than a 20 percent cumulative reduction in the total vegetation surrounding the lake within the zoning designation.

(c) The riparian vegetation along the shoreline in the Eastside area will be protected based on Policy 23 of the Coos Bay estuary management plan. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The medical park (MP) district is designed to achieve the following city objectives:

(1) Encourage the centralization of Coos Bay’s medical facilities.

(2) Provide space for semipublic facilities needed to complement medical facilities.

(3) Facilitate the establishment of the medical park district as an efficient regional referral center.

(4) Facilitate the planning and programming of desirable and/or needed utilities and facilities to adequately accommodate planned service level and intensity of use.

(5) Create an aesthetically pleasing, park-like environment conducive to the promotion of mental health and general well-being.

(6) Establish and reserve appropriately located areas for desirable mixtures of medically related professional, limited complementary commercial, administrative business offices, and residential uses.

(7) Control the encroachment of medically related facilities into established or intended residential areas. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Land uses and permit requirements are listed in Table 17.260.020. Where a specific use is not listed in the table, the director shall determine the most appropriate similar use in the table. The table identifies those uses in the MP district that are:

P = Permitted use;

C = Conditional use;

S = Permitted uses that are subject to special standards; or

X = Prohibited.

The applicable procedural requirements are found in Chapter 17.130 CBDC.

[Ord. 553 § 7, 2022; Ord. 550 §§ 5, 6, 2022; Ord. 541 § 6 (Exh. 1), 2021; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Development and lot standards for uses specified in Table 17.260.020 are identified in Table 17.260.030.

[Ord. 541 § 6 (Exh. 1), 2021; Ord. 511 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.260.050].

Repealed by Ord. 511. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The watershed district is included in the zoning regulations to preserve and protect lands providing the city’s water supply. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Only uses related to the operation and maintenance of the water system are allowed. Civic uses authorized by the Coos Bay/North Bend water board may also be allowed on property within the watershed district, provided the use takes place on property that does not directly drain into Upper or Lower Pony Creek Reservoir. However, the use will be subject to a Type II review. [Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

None. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

All other uses. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The following property development standards shall apply to all land and structures in the watershed district:

(1) Site Plan. Site plan review is required prior to the establishment or change of any structure which is accessible to the public in the watershed district.

(2) Building Height. No building shall have a height greater than three stories, not to exceed 35 feet.

(3) Riparian Vegetation.

(a) Riparian vegetation surrounding Upper and Lower Pony Creek Reservoir is considered significant habitat in the comprehensive plan. Protect riparian habitat by leaving the existing vegetation undisturbed to its full width, if possible, but at least to a width of 50 feet measured horizontally from the shoreline. If there is less than 50 feet of vegetation, all of it shall be protected. The shoreline shall be the line of nonaquatic vegetation.

(b) Water access, road, and timber management activities may be permitted if they are part of a master plan for the watershed and forest management program, and if they comply with Oregon Forest Practice Rules. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].