(Repealed by Ord. 582)

Chapters 17.310, 17.359 and 17.367 CBDC are known as the land division ordinance and may be cited as such. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

The land division regulations are intended to fulfill the following purposes: to promote the effective use of land; to make adequate provision for the residential, commercial, and industrial needs of the city; to provide for the division of land in accordance with officially adopted plans, policies, and standards, including the zoning ordinance and related development regulations of the city; and to provide for the efficient processing of land division applications in an efficient and timely manner. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

All divisions of land shall comply with this title and other applicable city ordinances and regulations. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Agreements to transfer land prior to final plat or partition are authorized; provided, that the performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat or partition approval is expressly conditioned on the recording of the final plat or partition containing the lot, tract, or parcel. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

Divisions of developed land may be reviewed and approved the same as undeveloped land; provided, the review authority shall consider existing and approved development on the site which may be relevant to adjustments, modifications and variations of standards that otherwise apply if consistent with this title or other applicable city regulation. For the purpose of this section, “developed land” means a lot, tract, or parcel upon which substantial development has taken place (e.g., framing inspection approval has been granted). Such construction shall be a permanent building or structure. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

ORS 197.312 requires that at least one accessory dwelling unit be allowed per detached single-unit dwelling or duplex dwelling in every zone within an urban growth boundary that allows detached single-unit dwellings. Accessory dwelling units are an economical way to provide additional housing choices, particularly in communities with high land prices or a lack of investment in affordable housing. Accessory dwelling units provide an opportunity to increase housing supply in developed neighborhoods and can blend in well with single-unit detached dwellings. Accessory dwelling units may be used as long-term housing rentals (no less than 30 days per month and not a vacation rental) or as a property owner’s residence. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 524 § 7 (Exh. A), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018].

Repealed by Ord. 540. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018].

An accessory dwelling unit, where allowed, is exempt from the land use process, pursuant to CBDC 17.130.030, except as per CBDC 17.312.040 where an accessory dwelling unit is subject to review and approval through a Type I procedure, pursuant to Chapter 17.130 CBDC.

All accessory dwelling units shall conform to the following restrictions:

(1) One accessory dwelling is allowed per legal lot of record containing a detached single-unit or duplex dwelling. The unit may be a detached building, in a portion of a detached accessory building (e.g., above a garage or workshop), a unit attached or interior to the primary dwelling (e.g., an addition or the conversion of an existing floor), certified factory-built home, or tiny home subject to the requirements of CBDC 17.312.040(1)(h);

(2) The accessory dwelling unit may not be used as vacation rental;

(3) Construction of an accessory dwelling unit must meet the minimum standards of the current state residential specialty code or the requirements of CBDC 17.312.040(1)(h);

(4) A separate address shall be assigned to the accessory dwelling unit and the address shall be clearly identified, as required by state building code; and

(5) A deed restriction must be recorded with the property advising future owners and lenders of the use restrictions. The deed restriction document will be created by the city and recorded at the county clerk’s office. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 524 § 7 (Exh. A), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018].

(1) Development Standards. The development standards shall be applicable to all accessory dwelling units. An accessory dwelling unit is subject to the applicable development standards and general review pursuant to CBDC 17.130.030.

(a) A detached accessory dwelling unit shall not exceed 1,000 square feet of floor area, or 90 percent of the primary dwelling’s total floor area, whichever is smaller.

(b) An attached or interior accessory dwelling unit shall not exceed 1,000 square feet of floor area, or 90 percent of the primary dwelling’s total floor area, whichever is smaller. However, an accessory dwelling unit that results from the conversion of a level or floor (e.g., basement, attic, or second story) of the primary dwelling may occupy the entire level or floor, even if the floor area of the accessory dwelling unit would be more than 1,000 square feet.

(c) Accessory dwelling units shall meet all other development standards (e.g., height, setbacks, lot coverage, etc.) for buildings in the designated zoning district, except that conversion of an existing legal nonconforming structure to an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.

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

(e) Accessory dwelling units shall conform to the overall maximum lot coverage and setback requirements of the underlying zone.

(f) Accessory dwelling units are not subject to the off-street parking requirements of CBDC 17.330.010.

(g) Structures detached from the primary home on a residential lot may be converted to an accessory dwelling unit if the structure meets the standards and requirements of the building code, this title’s setback requirements and does not eliminate an existing functional garage.

(h) A permanent tiny home may be attached to an approved foundation subject to the Oregon Residential Specialty Code (ORSC) and Oregon Fire Code or U.S. Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards.

(i) A certified factory-built home used as an accessory dwelling unit and otherwise consistent with subsections (1)(a) through (h) of this section, as applicable, shall also be subject to the standards at CBDC 17.322.010.

(2) Design Standards for Historic Properties. The design standards shall be applicable only to those accessory dwelling units that are on lots that include a building listed on the National Register of Historic Places, lots that are within a historic zoning district, or a historic property that receives special assessment under Oregon law. An accessory dwelling unit, subject to both the development and design standards, is subject to review and approval through a Type I procedure, pursuant to CBDC 17.130.080.

(a) An accessory dwelling unit, located in a historic district, must comply with the historic district regulations.

(b) An accessory dwelling unit located on the same lot as a structure listed on the National Register of Historic Places or listed as a cultural resource will be held to a high development standard, in that the exterior must be compatible with the primary structure.

(c) The exterior finish and trim materials of a detached accessory dwelling unit shall be similar to the primary dwelling unit in terms of type, size, placement, and finish.

(d) The roof pitch of a detached accessory dwelling unit shall be similar to the roof pitch of the primary dwelling. [Ord. 540 § 6 (Exh. 1), 2021; Ord. 524 § 7 (Exh. A), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018].

(1) An accessory use or building may be located on a neighboring lot or parcel, provided:

(a) The neighboring lot or parcel is within 20 feet of the principal property; and

(b) The neighboring lot or parcel is within the same zoning district as the principal property; and

(c) A deed restriction approved by the department is filed with the county which states:

The following described property on which an accessory building is to be built (insert description of neighboring property on which accessory building is to be built) cannot be sold or otherwise transferred separate from the following described property: (insert description of property on which the principal use is located) on which the principal use is located. This restriction shall remain in effect until the city of Coos Bay community development department finds the accessory building is accessory to a principal use on the same property or the accessory building no longer exists.

[Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.367.010].

(1) Areas within the city of Coos Bay are subject to periodic flooding and the city is a participating community in the National Flood Insurance Program. Therefore, the city adopts land use control measures to reduce flood hazard and assure that city residents will continue to benefit from the national program.

(2) As part of this program, the city shall, as referenced in CBDC 17.318.140 and 17.318.150:

(a) Review all development permits to determine that all necessary federal, state, or local governmental agency permits have been obtained which require prior approval;

(b) Review all development permits to determine that the permit requirements and conditions of this chapter have been satisfied;

(c) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new structures, substantially improved structures, or substantially improved floodproofed structures, and whether or not the structure contains a basement; and

(d) Maintain floodproofing certification required by CBDC 17.318.160(2)(c), Nonresidential Construction.

(e) The city’s base flood elevations may increase or decrease, resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city shall notify FEMA in the form of a map revision or amendment by submitting technical or scientific data in accordance with CFR Title 44. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.010].

The state of Oregon has, in ORS 203.035, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Coos Bay does ordain as follows in this chapter. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.020].

(1) The flood hazard areas of the city of Coos Bay are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.030].

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money and costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) Ensure that potential buyers are notified that property is in an area of special flood hazard;

(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

(9) Maintain eligibility for disaster relief. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.040].

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging, and other development which may increase flood damage;

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas; and

(6) Coordinating and supplementing the provisions of the state building code with local land use and development ordinances. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.050].

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Appeal – A request for a review of the interpretation of any provision of this chapter or a request for a variance.

Area of special flood hazard – The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

Base flood – The flood having a one percent chance of being equaled or exceeded in any given year.

Basement – Any area of the building having its floor subgrade (below ground level) on all sides.

Below-grade crawl space – An enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet at any point.

Building official – The city building official or his/her designee.

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, installations which produce, use or store hazardous materials or hazardous waste.

Development – Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Elevated building – For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Existing manufactured dwelling park or subdivision – A manufactured dwelling park or subdivision for which the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

Expansion to an existing manufactured dwelling park or subdivision – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or Flooding.

(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(i) The overflow of inland or tidal waters.

(ii) The unusual and rapid accumulation or runoff of surface waters from any source.

(iii) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (a)(ii) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(i) of this definition.

Flood elevation study – An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard administrator – The public works director or his/her designee.

Flood insurance rate map (FIRM) – An official map of a community on which both the special hazard areas and the risk premium zones applicable to the community are delineated. A FIRM that has been made available digitally is called a “digital flood insurance rate map (DFIRM).”

Floodway – The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Grade (adjacent ground level) – The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet from the wall. If walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. For the NFIP, the lowest adjacent grade is the lowest point of the ground level next to the building.

Lowest floor – The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at CBDC 17.318.160(2)(b), Residential Construction.

Manufactured dwelling – A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a recreational vehicle. The term “manufactured dwelling” is synonymous with the term “manufactured home.”

Manufactured dwelling park or subdivision – A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

New construction – For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of March 1977 and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured dwelling subdivision – A manufactured dwelling subdivision for which the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

Recreational vehicle – A vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Start of construction – Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, 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 manufactured dwelling 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 foundations 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. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State building code – The combined specialty codes.

Structure – For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured dwelling.

Substantial damage – Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement – Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.

The term does not, however, include either:

(a) 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

(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; provided, that the alteration will not preclude the structure’s being listed on a state inventory or the National Register of Historic Places.

Variance – A grant of relief by a community from the terms of a floodplain management regulation.

Water-dependent – A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 490 § 1, 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.060].

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Coos Bay. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.070].

(1) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Coos County, Oregon and Incorporated Areas,” dated December 7, 2018, and accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be part of this chapter. The flood insurance study and the FIRM are on file at 500 Central Avenue, Coos Bay, Oregon 97420. The best available information for flood hazard area identification as outlined in subsection (2) of this section shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under subsection (2) of this section.

(2) When base flood elevation data described in subsection (1) of this section has not been provided, the city’s flood hazard administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source to administer CBDC 17.318.130 and 17.318.160(2), Specific Standards.

(3) The city shall make an interpretation, where needed, as to the exact location of FIRM boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.080].

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, state building code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.090].

(1) In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes and rules, including the state building code.

(2) Severability. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.100].

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Coos Bay, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.110].

Adjacent jurisdictions, the Department of Land Conservation and Development, and other appropriate state and federal agencies shall be notified prior to any alteration or relocation of a watercourse subject to flood hazard, and the city shall submit evidence of such notification to the Federal Insurance Administration. Maintenance shall be required within the altered or relocated portion of the watercourse so that its flood-carrying capacity is not diminished. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.120].

In special flood hazard areas, where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within Zones A and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.130].

(1) A development permit shall be obtained before construction, including substantial improvements, or development begins within any area of special flood hazard established in CBDC 17.318.080. The permit shall be for all structures, including manufactured dwellings, and for all development including fill and other activities, as set forth in Chapter 17.322 CBDC and this chapter.

(2) Application for Development Permit. Application for a development permit as described in Chapter 17.130 CBDC shall be made on forms furnished by the department and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any structure has been floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in CBDC 17.318.160(2)(c), Nonresidential Construction; and

(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(3) Information to Be Obtained and Maintained.

(a) Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in CBDC 17.318.080(2), Basis for establishing areas of special flood hazard, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawl spaces) of all new or substantially improved structures, and whether or not the structure contains a basement.

(b) For all new or substantially improved floodproofed structures where elevation data is provided through the flood insurance study, FIRM, or as required in CBDC 17.318.080(2):

(i) Obtain and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

(ii) Maintain the floodproofing certifications required in subsection (2) of this section.

(c) Maintain for public inspection all records pertaining to the provisions of this chapter. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.140].

The flood hazard administrator is hereby appointed to administer, implement, interpret and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The flood hazard administrator duties include, but are not limited to:

(1) Review all development permits to determine that the permit requirements and conditions of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of CBDC 17.318.130 are met.

(4) Interpret the provisions of this chapter as noted in CBDC 17.318.100.

Where elevation data is not available either through the flood insurance study or from another authoritative source (CBDC 17.318.080(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historic data, high water marks, photographs of past flooding, etc., where available. Failure to elevate the lowest floor at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.150].

Substantial improvements to existing structures located at or below the base flood elevation and all new construction shall conform to the following standards. The building official shall be responsible to review plans and inspect construction to determine that it is reasonably safe from flooding and complies with provisions of the International Code Council (ICC).

(1) General Standards. In all areas of special flood hazard, the following standards are required:

(a) Anchoring.

(i) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; and

(ii) All manufactured dwellings must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).

(b) Construction Materials and Methods.

(i) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(ii) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and

(iii) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(c) Utilities.

(i) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(ii) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(iii) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding, consistent with the Oregon Department of Environmental Quality.

(d) Subdivision and Planned Unit Development (PUD) Proposals.

(i) All subdivision and PUD proposals shall be consistent with the need to minimize flood damage;

(ii) All subdivision and PUD proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage;

(iii) All subdivision and PUD proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(iv) Where base flood elevation data has not been provided or is not available from another authorized source, it shall be generated for subdivision and/or PUD proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).

(2) Specific Standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in CBDC 17.318.080(1) or (2), the following provisions are required:

(a) All new construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

(b) Residential Construction.

(i) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation.

(ii) New construction shall comply with the requirements of subsection (2)(a) of this section.

(c) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure (including a detached garage) shall either have the lowest floor, including basement, elevated at or above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(i) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(iii) Be certified by a registered engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based upon their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the city as set forth in this chapter;

(iv) Nonresidential structures which are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (2)(a) of this section; and

(v) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below the base flood level).

(d) Manufactured Dwellings.

(i) Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection (2)(a) of this section;

(ii) The bottom of the longitudinal chassis frame beam shall be at or above the BFE;

(iii) The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

(iv) Electrical crossover connections shall be a minimum of 12 inches above BFE.

(e) Recreational Vehicles. Recreational vehicles placed on sites are required to:

(i) Occupy the site for less than 180 consecutive days;

(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick-disconnect-type utilities and security devices, and have no permanently attached additions; or

(iii) Meet the requirements of subsection (2)(d) of this section, and the elevation and anchoring requirements for manufactured dwellings. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.160].

Below-grade crawl spaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:

(1) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection (2) of this section. Because of hydrodynamic loads, crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

(2) The crawl space is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of flood waters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

(3) Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

(4) Any building utility systems within the crawl space must be elevated above the BFE or designed so that flood waters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from flood waters.

(5) The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade.

(6) The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

(7) There must be an adequate drainage system that removes flood waters from the interior area of the crawl space. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

(8) The velocity of flood waters at the site must not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types shall be used.

(9) There is an increased insurance cost associated with below-grade crawl spaces.

Below are diagrams from FEMA Technical Bulletin 11-01.

*    Preferred crawl space construction.

*    Requirements regarding below-grade crawl space construction.

*    For residential structures, state building code requires the lowest floor to be elevated a minimum of one foot above BFE and the bottom of the longitudinal chassis frame beam to be elevated to or above the BFE for manufactured dwellings.

[Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.170].

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.180].

All development proposals for manufactured dwelling parks shall be consistent with the need to minimize flood damage; shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; shall have adequate drainage provided to reduce exposure to flood damage; and where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for those development proposals which contain at least 50 lots or spaces, or five acres (whichever is less). [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.190].

(1) The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

(2) Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. [Ord. 512 § 6 (Exh. 2), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.347.200].

(1) The issuance of a variance noted in this chapter is for flood hazard management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The city’s flood hazard administrator, after examining the applicant’s hardships, shall approve or disapprove a variance request in compliance with the following standards and requirements:

(a) The variance is the minimum necessary, considering the flood hazard, to afford relief from:

(i) The danger that materials may be swept onto other lands to the injury of others.

(ii) The danger of life and property due to flooding or erosion damage.

(iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(iv) The importance of the services provided by the proposed facility to the community.

(v) The necessity to the facility of a waterfront location, where applicable.

(vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(vii) The compatibility of the proposed use with existing and anticipated development.

(viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(b) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(c) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of this section. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.

(d) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that:

(i) The criteria of this section are met; and

(ii) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(f) Variances shall only be issued upon:

(i) A showing of good and sufficient cause;

(ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(3) Granting of a variance is subject to the requirements of the Type II authorization and appeal procedure specified in Chapter 17.130 CBDC.

(4) Upon approval of a variance, the flood hazard administrator shall notify the applicant in writing that:

(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance;

(b) Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (5) of this section.

(5) The flood hazard administrator shall maintain a record of all variance actions, including justification for their issuance. [Ord. 512 § 6 (Exh. 2), 2019].

Violations of this chapter, consistent with CBMC 9.45.030, are punishable by a fine not to exceed $500.00. Each day a violation continues constitutes a separate offense. However, if the state of Oregon statutes allow a lesser penalty, punishment shall be limited to the lesser penalty prescribed in the state law. [Ord. 512 § 6 (Exh. 2), 2019].

(1) The purpose of this chapter is to promote opportunities for small-scale economic development and to assure that home occupations do not infringe upon the rights of other residents or alter the residential character of the area.

(2) All home occupations applications are subject to director review using a Type I review procedure and may approve a home occupation; provided, that the applicant satisfies all applicable requirements of this title and chapter.

(3) Home occupations with the following characteristics are permitted only after securing a Type II permit in accordance with Chapter 17.130 CBDC. All other requirements listed in this chapter must also be satisfied by the applicant. An applicant or aggrieved person may appeal a decision consistent with the requirements of Chapter 17.130 CBDC.

(a) Retail sales on the premises.

(b) More than one nonresident employee or associate working on the premises some or all of the time. The permit shall be effective for three years. Extensions may be approved by filing a new conditional use application. [Ord. 544 § 10 (Att. B), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.335.010].

(1) Employees. One nonresident associate or employee is allowed to work on the premises.

(2) Area. The use shall not occupy more than 30 percent of the existing building coverage of the property.

(3) Structure.

(a) The proposed use shall not change the character and use of the residence and premises, including elements such as colors, materials, design, construction, lighting, landscaping, or lack of landscaping.

(b) The proposed use shall not remodel or structurally alter the interior or exterior of the structure which changes the residential use and appearance of the dwelling.

(4) Equipment and Storage.

(a) No material or mechanical equipment shall be used that will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, smoke, odor, interference with radio or television reception, or other factors.

(b) Outside storage of equipment, products, or materials used in or serviced by the home occupation, other than plant materials, are prohibited.

(5) Deliveries. No materials or commodities shall be delivered to or from the property which are of bulk or quantity to require delivery by a commercial vehicle or trailer, except such vehicles as a UPS, postal service truck, or similar vehicle.

(6) Traffic and Parking. Vehicles associated with the home occupation shall not cause a disturbance or inconvenience to nearby residents.

(7) Signs. Only one nonilluminated sign shall be permitted. The sign shall not exceed four square feet and shall bear only the name and/or occupation of the resident. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.335.020].

Home occupation uses shall apply for and maintain a current Coos Bay business license. Failure to hold a current business license may be grounds for revocation of the home occupation permit. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.335.030].

Revocation of authorization for a home occupation is specified in Chapter 17.130 CBDC, Procedures. [Ord. 544 § 10 (Att. B), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.335.040].

This chapter articulates manufactured home recreational vehicle parks and park model parks to provide affordable and safe shelter. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Development Standards.

(a) Siting Requirements. The home shall be enclosed at the perimeter with a solid material approved by the building official compatible with the manufactured home and surrounding stick-built homes. The material will extend from the bottom of the excavated area to the underside of the manufactured home. The required material must be trimmed at the meeting with the home to approximate the appearance of a foundation for a conventional single-dwelling dwelling.

(b) Roof. The manufactured home must have a sloping roof with a minimum pitch of three feet in height for each 12 feet in width (3:12).

(c) Siding. The manufactured home must have conventional wood or textured siding material.

(d) State of Oregon Requirement Compliance. A manufactured home must comply with all state of Oregon requirements. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Existing Parks. All extensions or improvements made to existing residential certified manufactured home parks made after the enactment of the ordinance codified in this title shall comply with the provisions of this title.

(2) New Parks. All manufactured home parks proposed and developed after the enactment of the ordinance codified in this title shall comply with the provisions of this title.

(3) Development Standards.

(a) Minimum park area: one acre.

(b) Unit density: as specified in the underlying zone.

(c) Separation. Building separation in a mobile home park for each mobile home and its accessory structures shall not be located closer than 15 feet from any other mobile home, closer than 10 feet from a park building within the mobile home park, or closer than five feet from a park property boundary line or street right-of-way.

(d) Building Height. No dwelling or accessory building shall be erected or installed with a height in excess of 17 feet.

(e) Parking as specified in CBDC 17.330.070.

(f) Access and Roads.

(i) Dedicate and improve vehicular and pedestrian access to the park from the improved street.

(ii) Pave roads within a park according to the following minimum standards:

(A) Twenty-two feet where no on-street parking is allowed.

(B) Twenty-eight feet where on-street parking is allowed on one side of the street.

(C) Thirty-six feet where parking is permitted on both sides of the street.

(iii) All private streets and ways within the park shall be built as approved by the public works department.

(iv) An additional five feet from each edge of the pavement or two feet from the edge of the sidewalk shall be designated as right-of-way from which setbacks are to be measured.

(g) Services.

(i) Sewer. Every residential certified factory-built home park shall be connected to a sanitary sewer. Each space shall be provided with a connection to the sewer.

(ii) Water. Every residential certified factory-built home park shall be connected to a supply of potable water for domestic use. Each space shall be provided with a connection to the water supply.

(iii) Utilities. All utilities, including telephone, television, and electricity, shall be installed underground throughout the park and shall be provided at each space.

(h) Fire Protection. No space shall be occupied that is not located within 500 feet of a fire hydrant, following the street right-of-way. Existing spaces now located or occupied at a distance greater than 500 feet from an approved hydrant may continue until such time as the park is expanded in size or number of spaces.

At the time of such expansion, the owner or operator of the park shall have installed one or more hydrants at locations such that no occupied space remains at a greater distance than 500 feet, following the street right-of-way, from any hydrant. The Coos Bay fire department shall be authorized by the owner to inspect the hydrants in accordance with current standard procedures and to require periodic tests when deemed necessary. No parking shall be permitted within 10 feet of fire hydrants.

(i) Lighting. All roads within the park shall be lighted at night to provide a minimum of 0.35 foot-candles of illumination.

(4) Open Space and Recreational Area.

(a) Minimum Area. Open space shall constitute six percent of the total gross area of the park. Improved recreational areas shall have a minimum area of 8,000 square feet or 100 square feet per dwelling unit, whichever is greater.

(b) Plan. The site plan shall contain information required by the state of Oregon and the following:

(i) Boundaries of the proposed areas.

(ii) Written explanation of the purposes of the areas and a description of any improvements to be made.

(iii) Description of the manner in which the area will be perpetuated, maintained, and administered.

(5) Guarantee. The preservation and continued maintenance of property and/or structures commonly owned and/or held for common use shall be guaranteed by a covenant running with the land specifying the description of the area, its designated purpose(s), and maintenance assurances. Copies of these legal documents shall be filed with the community development department before occupancy of any dwelling.

(6) Landscaping. All exposed ground surface in all parts of the park shall be protected and maintained with landscaping to include plant material, paving, gravel, and/or other solid material that will prevent soil erosion, mud, and dust within the park. The ground surface in the park shall be graded and furnished with drainage facilities to drain all surface water in a safe, efficient, and sanitary manner.

(7) Fences and Walls. A visual barrier shall be provided and maintained such as a solid fence, a concrete wall, or an approved buffer of trees or shrubs between the mobile home park and abutting properties. The barrier shall have a minimum height of six feet, except the area defined as the entrance of the park where the wall may be three feet for vision clearance.

(8) Special Manufactured Home Siting Requirements.

(a) Residential certified factory-built home parks and units shall be required to meet the following and all state requirements.

(i) Skirting. Mobile homes shall be skirted to provide an appearance of permanency.

(ii) Storage Facilities. Each space shall have a minimum of 50 square feet of totally enclosed storage space.

(iii) Accessory Buildings. Accessory buildings and other similar permanent structures may be installed or erected in conjunction with a space and shall require a building permit. These structures shall be deemed to be a part of the certified factory-built.

(9) Yards. There are no yard requirements for the use other than those imposed by building codes.

(10) Park Improvements.

(a) Construction Plans and Specifications. As part of the site plan application, the applicant shall submit to the community development department construction plans, profile and cross-section drawings, and specifications for the required utilities and streets, accompanied by a plan check fee. These plans will be reviewed and the applicant will be notified in writing of compliance with city requirements or of any necessary modifications. The final drawings and specifications shall be permanently filed with the department. A copy of the water system plans shall be submitted to public works by the applicant.

(b) Contract for Improvements. Within 48 months of site plan and review of the improvement plans and specifications, but prior to the issuance of any development permits, the applicant shall be required to enter into an agreement to construct and/or improve facilities to serve the development. At the time the improvement agreement is executed, the applicant will submit the inspection fee and also post a performance bond, cash, or security deposit guaranteeing the completion of the contractual provisions. All contracted improvements shall be completed within 24 months after the bond or surety is posted. If the applicant is unable to complete the improvements within two years with good cause, a one-year extension may be granted by the public works department. Further extensions must be approved by the planning commission.

(c) Bond and/or Surety, Cash or Security Deposit Provisions. The assurances for completion of improvements shall be filed with the city in the nonnegotiable amount established by resolution of the city council. The bond or deposit shall:

(i) Name the city as obligee.

(ii) Be in a form approved by the city attorney.

(iii) Be conditioned upon the final approval and acceptance of the development.

(iv) Provide full warranty for the improvements for a minimum of two years from the date of final acceptance by the city.

(v) Be forfeited to the city if the applicant does not complete the requirements within the agreed-upon time limit, or if the applicant has created a hazard causing imminent danger to the public health and safety within or adjacent to the development which the developer fails to correct.

(vi) Cover any costs, attorney’s fees, and liquidation damages resulting from delay or failure to meet the deadline.

(d) Construction. Construction of improvements may begin in accordance with the agreement. During this phase of development, the applicant shall be required to prepare record drawings of all improvements. Special attention shall be given to underground utilities.

(e) Acceptance of Improvements. Upon completion of the improvements, the applicant shall submit record drawings to the public works department of the street and sanitary/storm sewer plan profiles. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Permitting Process. As specified in Chapter 17.130 CBDC and Chapter 918-650 OAR.

(2) Permitted Land Uses. Recreational vehicles as defined in Chapter 17.150 CBDC and one park manager’s unit. Tents, cabins and other shelter forms are not permitted.

(3) Development Standards.

(a) Minimum lot size – one acre.

(b) Occupied area surface treatment of asphalt, concrete or permanently contained crushed rock.

(c) Number of spaces available for recreational vehicles shall comply with the density of the underlying zoning district.

(d) Parking as specified in CBDC 17.330.070.

(e) The park shall be buffered from surrounding use and development by a 15-foot minimum setback from the side property line when adjoining a residential district; and 25-foot setback from the rear property line when adjoining a residential district. The parks shall be buffered from a public street or highway by a 20-foot minimum setback from the property line. A five-foot setback from side and rear property lines shall be required in all other instances.

(f) All applicable state of Oregon and Coos Bay sanitation, water, plumbing, electrical and sewerage installation standards. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Permitting Process. As specified in Chapter 17.130 CBDC and Chapter 15.40 CBMC, Oregon Manufactured Dwelling and Park Specialty Code.

(2) Permitted Land Uses. Park models as defined in Chapter 17.150 CBDC and one park manager’s unit. Tents, cabins and other shelter forms are not permitted.

(3) Development Standards.

(a) Minimum lot size – one acre.

(b) Occupied area surface treatment of asphalt, concrete or permanently contained crushed rock.

(c) Number of spaces available for park models shall comply with the density of the zoning district where the property is located.

(d) Parking as specified in CBDC 17.330.070.

(e) Front yard setbacks and landscaping specified landscape standards for each individual park model consistent with the underlying zone.

(f) The park shall be buffered from surrounding use and development by a 15-foot minimum setback from the side property line when adjoining a residential district; and 25-foot setback from the rear property line when adjoining a residential district. The parks shall be buffered from a public street or highway by a 20-foot minimum setback from the property line. A five-foot setback from side and rear property lines shall be required in all other instances.

(g) All applicable state of Oregon and Coos Bay sanitation, water, plumbing, electrical and sewerage installation standards. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Permitting Process. As specified in Chapter 17.130 CBDC and Chapter 15.25 CBDC, Oregon Residential Specialty Code.

(2) Development Standards. As identified in the zoning district where the property is located.

(3) Density. As identified in the underlying zoning district.

(4) Parking. As specified in Table 17.330.010(A), Off-Street Parking Requirements. [Ord. 541 § 6 (Exh. 1), 2021].

It is the purpose of this chapter to provide alternatives for prospective developers of land within this city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for impacts including, but not limited to, impacts upon the public health, safety and general welfare, for open spaces, drainage ways, streets, other public ways, parks, playgrounds, and sites for schools and school grounds.

For purposes of this chapter the term “development” shall include, but not be limited to, subdivision approval, partition approval, site plan approval and the issuance of any building permit related to the foregoing. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.360.010].

(1) Before any development is given the required approval or is permitted to proceed, the review authority shall determine all significant adverse impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering but not limited to the following factors:

(a) Pre-development versus post-development demands upon city streets, drainage facilities, parks, playgrounds, recreation facilities, schools, police services, and other development facilities or services;

(b) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the general vicinity of the proposed development;

(c) Size, number, condition and proximity of existing facilities to be affected by the proposed development;

(d) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;

(e) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements;

(f) Potential significant adverse environmental impacts of the proposed development;

(g) Consistency with the city’s comprehensive plan;

(h) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development;

(i) Appropriateness of financing necessary capital improvements by means of local improvement districts;

(j) Whether the designated capital improvement furthers the public health, safety or general welfare; and

(k) Any other facts the review authority determines to be relevant.

(2) The applicant shall assume the cost of any investigations, analysis or reports necessary for a determination of direct impact. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.360.020].

(1) The review authority shall consider an applicant’s proposal for mitigating any identified direct impacts and determine whether the proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. The city shall not approve a development until provisions have been made to mitigate identified direct impacts that are consequences of the development.

(2) The methods of mitigating identified direct impacts required as a condition to any development approval may include, but are not limited to, dedication of land to any public body and/or off-site improvements. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.360.030].

(1) In lieu of a dedication of land or to mitigate a direct impact identified as a consequence of a proposed development, subdivision or plat, the city may approve a voluntary payment agreement with the developer; provided, however, no such agreement shall be required as any condition of approval, and any such agreement shall be subject to the following provisions:

(a) The review authority must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact.

(b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified direct impact.

(c) The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer and approved by his legal advisor due to the unique circumstances involved.

(d) Any payment not so expended shall be refunded to the property owners of record at the time of the refund with interest at the rate applied to judgments at the time of the refund. However, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest; provided, property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interests of providing the designated capital improvement or any other capital improvement identified by the property owner.

(2) Further, at the time a developer enters into a voluntary agreement pursuant to this chapter, the developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. The city shall not require a waiver as a condition of approval. Approved waivers shall be recorded with the Coos County assessor’s office and shall be binding on subsequent owners. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.360.040].

(1) Establishment of Nonconforming Status. Legally established nonconforming uses and development may be continued and maintained without city review and approval. A nonconforming use or development may be altered or expanded subject to the provisions of this chapter and other applicable sections of the CBDC.

(2) The proponent of a nonconforming use or development shall bear the burden of establishing that the use or development was legally established and to what extent at the time the use or development became nonconforming.

(3) Ownership. Changes in ownership of a nonconforming use or development are exempt from city review or approval.

(4) Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been legally issued, and construction commenced prior to the adoption of the regulation that would make such use or structure nonconforming.

(5) This chapter does not apply to existing single-family dwellings in the commercial and industrial districts; provided any addition, improvement or reconstruction thereto shall comply with the standards of the residential districts. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.010].

(1) Discontinuance. A nonconforming use not actively used for a period of two years shall be deemed discontinued. A discontinued nonconforming use cannot be revived, and any further uses of the property must conform to the provisions of this title as provided for above.

(a) Periods of reduced operation caused by normal fluctuations in business demand are not discontinuances; provided, that periods of reduced operation in excess of two years shall have the effect of discontinuance.

(b) Rights to continue a nonconforming use or development expire if a structure containing a nonconforming use or a nonconforming development is destroyed by any cause to an extent exceeding 75 percent of the cost of replacement of the structure, using new materials. After such destruction, development or use of the property shall comply with the regulations applicable to the zoning district.

(2) Expansion. Expansion of a nonconforming use or development shall be subject to the same standards and procedure as for a change in the nonconforming use or development as provided in subsection (3) of this section.

(3) Changes.

(a) A nonconforming use or development may be changed to a conforming use or development in whole or in part. Once a nonconforming use or development becomes conforming, in whole or in part, the nonconforming rights are lost and the nonconformity may not be reestablished.

(b) A nonconforming use may be changed to another nonconforming use through a Type II procedure, provided the applicant demonstrates that the proposed use will have no greater adverse impacts on surrounding properties than the existing use; adverse effects include, but are not limited to, generation of more traffic, noise, dust or fumes, or increased hours of operation. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.020].

Development which is nonconforming with respect to height, yard requirements, lot coverage, screening and buffering or density may be utilized by a use which is permitted in the district in which it occurs. The development may be repaired, modified, or altered, internally or externally; provided, such repairs and modifications do not increase the nonconformance of the development and comply with the International Building Code standards, or are required by building, health, fire or other applicable standards to make a structure safe for occupancy. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.327.030].

(1) Ensure that adequate off-street parking is provided for new land uses and major alterations to existing uses, considering the demands likely to result from various uses, combinations of uses, and settings, and to avoid the negative impacts associated with spillover parking into adjacent neighborhoods and districts;

(2) Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand;

(3) Ensure that parking and loading areas are designed to operate efficiently and effectively and in a manner compatible with on-site and surrounding land uses;

(4) Ensure that adequate off-street bicycle parking facilities are provided;

(5) Promote safe and attractive parking lot design;

(6) Accommodate and encourage increased use of alternative fuel and zero-emissions vehicles. [Ord. 541 § 6 (Exh. 1), 2021].

(1) General Parking Requirements. Off-street parking shall be provided in compliance with Table 17.330.010(A).

(a) Where the number of required off-street parking spaces contains a fraction, that fraction shall be rounded up to the next whole parking space.

(2) Exempt Parking.

(a) There shall be no off-street parking requirements for any property included within the area identified in Figure 17.330.010(B), Downtown Parking District. This area includes property within the parking lot assessment district, city-owned property, public right-of-way, and private property that has provided land for public parking.

Figure 17.330.010(B) – Downtown Parking District

(b) Any use included in the area identified in Figure 17.330.010(C), Exempt Parking Area With Cap, must provide off-street parking for the number of spaces required in Table 17.330.010(A), Off-Street Parking Requirements, in excess of 25 spaces.

Figure 17.330.010(C) – Exempt Parking Area With Cap

[Ord. 582 § 3, 2025; Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.010].

Joint parking and/or loading facilities serving two or more uses, structures, or parcels of land may be approved to satisfy the requirements of both facilities, provided the owners or operators of the uses, structures, or parcels show that their operations and parking needs do not overlap in point of time. If the uses, structures, or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract, or other appropriate written document to establish the joint use.

Parking spaces and parking areas may be used for transit related uses such as transit stops and park-and-ride/rideshare areas, provided minimum parking space and design requirements for the site can still be met. Development required to provide park-and-rides shall be consistent with the location and design specifications of the Coos County transit master plan. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.020].

(1) Size of Parking Space. Each off-street parking space shall not be less than nine feet by 18 feet. Up to 40 percent of all required parking spaces can be used for compact vehicles and shall be identified as compact parking spaces. These compact spaces shall not be less than eight feet by 16 feet. Each space shall be provided with adequate ingress and egress.

(a) Parking Stall Design and Minimum Dimensions. Where a new off-street parking area is proposed, or an existing off-street parking area is proposed for expansion, the entire parking area shall be improved in conformance with the CBMC. At a minimum the parking spaces and drive aisles shall be paved with asphalt, concrete, or other city-approved materials, provided the Americans with Disabilities Act requirements are met, and shall conform to the minimum dimensions in Table 17.330.030(A) and Figure 17.330.030. All off-street parking areas shall contain wheel stops, perimeter curbing, bollards, or other edging as required to prevent vehicles from damaging buildings or encroaching into walkways, landscapes, or the public right-of-way.

Figure 17.330.030 – Parking Stall Design and Minimum Dimensions

(2) Location. Off-street parking facilities shall be located on site to the extent feasible. Off-site parking shall be no further than 300 feet from the site, measured from the nearest point of the parking facility to the nearest point of the nearest building that the facility is required to serve. Off-site parking shall be primarily employee parking.

Parking areas that have designated employee parking and more than 20 automobile parking spaces shall provide at least 10 percent of the employee parking spaces (minimum two spaces) as preferential carpool and vanpool parking spaces. Preferential carpool and vanpool parking spaces shall be closer to the employee entrance of the building than other parking spaces, with the exception of ADA-accessible parking spaces.

(3) Materials, Design, and Lighting.

(a) Off-street parking facilities shall be surfaced with a permeable, durable and dustless surface, shall be graded and drained so as to dispose of surface water to the satisfaction of the public works department and shall be maintained in good condition, free of weeds, dust, trash, and debris.

(b) Except for a single-unit or duplex dwelling, groups of more than two parking spaces per lot must:

(i) Provide aisles or turnaround areas so that all vehicles may enter the street in a forward manner;

(ii) Serve a driveway designed and constructed to facilitate the flow of traffic on and off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than 20 feet and 12 feet, respectively, and arranged so as not to use any part of adjoining public sidewalks, street, or alley rights-of-way, except for ingress and egress;

(iii) Provide internal pedestrian connections in parking lots with more than 10 parking spaces located in commercial districts and in parking lots with more than 30 parking spaces located in noncommercial districts. These connections shall be a minimum of five feet wide and distinguished from vehicular areas through changes in elevation or contrasting paving materials (such as light-color concrete inlay between asphalt). Paint or thermo-plastic striping and similar types of nonpermanent applications may be approved for crossings of parking lot areas that do not exceed 24 feet in crossing length; and

(iv) Provide at-grade pedestrian lighting level of no less than two foot-candles.

(c) Delays – Unimproved Rights-of-Way. Off-street parking and loading for residential and nonresidential uses on existing unpaved streets are allowed a delay from the surfacing requirements prior to the issuance of an occupancy permit. However, the property owner must consent and present a recorded deed restriction or covenant which states that remonstrance against any future street improvement project has been waived and that the required paving will be completed within 12 months after the street is improved.

(d) Improvements to the parking facilities of residential uses, such as the addition of a carport or garage, shall require compliance with the surfacing requirements of the driveway and maneuvering areas if the dwelling gains access from an improved street. At a minimum, the paved access must be 20 feet in length measured from the property line in which access is gained.

(e) Lighting used to illuminate off-street parking facilities shall be arranged so as to reflect light away from any adjoining residential area(s).

(f) Parking lot landscaping includes the following requirements:

(i) Open Parking and Driveway Areas Landscaping. Seven percent of any open parking or driveway areas containing parking spaces for 10 or more vehicles shall be landscaped. Landscaping shall be distributed through the entire parking area as evenly as possible as required by the review authority.

(ii) Landscaping Along Property Lines for Parking Lots. A three-foot-wide landscape strip, with planting maintained at either a height of two and one-half feet or a height determined acceptable by the review authority will be provided along the property lines adjacent to any public or private street or alley (except within the approved exit and entrance ways) whenever the parking or circulation abuts these streets.

(iii) Plantings Around Driveways for Parking Lots. Any of the following driveways or open parking areas shall be separated by a planting strip three feet wide:

(A) Where there are two or more parking lots or vehicles adjacent to one another which do not use a common driveway;

(B) Where a parking lot for vehicles abuts a driveway, which does not provide access to that parking lot.

(g) Layout. Parking lots with four or more spaces must be designed so that automobiles will not back up onto public streets and will have at least one entrance and exit.

(h) Hammerheads or other such turnarounds may be required by the review authority for dead-end driveways. The dimensions of the hammerhead shall be adequate to meet the requirements of the public works and fire departments.

(i) Bumper Guards and Wheel Stops. Permanent bumper guards or wheel stops shall be provided for parking spaces located adjacent to walls, fences, buildings, landscaping, etc., to prevent damage to any such objects or landscaped areas. However, if a landscaping curb is used in lieu of a wheel stop, it must be of sufficient width so as not to damage landscaping for a minimum of 12 inches, and must not encroach into the required space area more than 24 inches at front of parking space.

(4) All uses, except for single-unit dwellings and duplexes, required to provide off-street vehicle parking shall provide bicycle parking consistent with the standards in Table 17.330.030(B).

(a) Bicycle parking space may be located within garage, storage shed, basement, utility room or similar area.

(b) Bicycle Parking Location. Bicycle parking shall be located in lighted, secure locations within 50 feet of the main entrance to a building, but not further from the entrance than the closest general-purpose automobile parking space. Where a building has multiple entrances, required bicycle parking shall be no farther than 50 feet from an entrance. Bicycle parking shall be located and designed so as to not impede or create a hazard to pedestrians (at least 36 inches between bicycles and other obstructions or buildings).

(c) Bicycle Parking for Transit. The location and design of bicycle parking for transit stops and transit centers shall be determined through the development review process.

(5) Driveways. Driveways and parking drives shall be designed in accordance with the following standards:

(a) Driveways. Driveways provide vehicular access to parking and dwelling units but do not provide primary pedestrian access to units. Driveways are intended to be used primarily for vehicular circulation where the following standards apply:

(i) Two-way driveways shall be a minimum width of 20 feet; one-way driveways shall be a minimum width of 12 feet.

(ii) The maximum driveway width is 28 feet.

(b) Alley Access. Lots with alley access, either at the rear yard or along the side yard, shall use the alley to provide access to the development site if either:

(i) The alley right-of-way width is 20 feet for the length of the alley between the lot and the street; or

(ii) The lot’s only street frontage is on an arterial or collector street.

(c) Criteria for Adjustment. Adjustments to the standards in this subsection may be made, based on the criteria in Chapter 17.372 CBDC, Adjustment Review.

(6) Vehicle Parking.

(a) Parking Element Types. On-site parking shall be provided as part of any multi-unit development project in the form of garages (private or common), carports, and open parking areas. All parking, except common garages, shall be designed as parking clusters according to subsection (6)(b) of this section.

(b) Parking Clusters.

(i) Maximum Size of Parking Clusters. Individual parking courts shall be no more than 9,000 square feet in size and shall be physically and visually separated by a landscape area a minimum of 20 feet in width. No more than three individual parking courts may be connected by an aisle or driveway.

(c) Parking Cluster Separation. Landscape areas shall be placed between parking clusters to visually interrupt rows of parked vehicles and to separate individual parking clusters. Landscape areas between parking clusters shall have a minimum width of 20 feet and a minimum area of 360 square feet. Each of these islands shall provide a minimum of one 20-foot canopy shade tree.

(7) Architectural elements such as trellises, porches, and stairways may extend into planting islands between parking clusters.

(8) Limitation on Parking Frontage. To strengthen the presence of buildings on the street, parking and vehicle use areas and garages adjacent to any public or private street frontage shall extend across no more than 50 percent of any street frontage. No parking spaces, with the exception of underground parking, shall be placed within any required front yard area. Parking areas shall not be located between buildings and the street.

(9) Criteria for Adjustment. Adjustments to the standards in this section may be made, based on the criteria in Chapter 17.372 CBDC, Adjustment Review. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.030].

Every use for which a building is erected or structurally altered which will require the receipt or distribution of materials or merchandise by truck or similar vehicle shall provide off-street loading space on the basis of minimum requirements as follows:

(1) Commercial, industrial, and public uses shall provide truck loading or unloading berths in accordance with Table 17.330.040(A):

(2) Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities, and any similar uses shall provide off-street truck loading or unloading berths in accordance with Table 17.330.040(B):

(3) A loading berth shall contain space 12 feet wide, 35 feet long, and have a height clearance of 14 feet. Where the vehicles generally used for loading and unloading exceed these dimensions, the required length of these berths shall be increased.

(4) Existing loading space shall not be eliminated, if elimination would result in less space than is required to adequately handle the needs of the particular use.

(5) Off-street parking areas used to fulfill the requirement of this title shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs.

(6) Loading docks shall be located on the side or rear of the building. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.040].

(1) Purpose. Parking lots and outdoor storage of vehicles or recreational vehicles shall not be a primary use for any property located within a single-unit residential zone.

(2) Where Applicable. These regulations apply to all residential users in SLR and LDR zoning districts unless otherwise expressly indicated.

(3) Off-Street Parking. Each single-unit residence, constructed after the date of adoption of the ordinance codified in this title, shall provide for at least two off-street parking spaces. Off-street parking must provide a minimum of 20 feet of lineal parking between the street and the dwelling setback. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.050].

Except for townhouse structures containing garages, parking lots and garages for multi-unit dwelling developments shall be located in the rear portions of the property, with building construction occurring toward the front, closest to employment centers, shopping centers and transit corridors to minimize walking distance. Parking lots and garages located between buildings and streets are not permitted, except for townhouse structures that contain garages, in which case no more than 40 percent of the front of each townhouse dwelling unit shall be devoted to garage door space.

(1) A minimum of 10 feet of landscaped buffer area shall separate parking lots from adjoining properties and streets. Driveways to townhouse garages, which provide off-street parking, shall not be considered parking lots.

(2) Multi-unit dwelling development projects shall provide access to collector or arterial streets; however, individual dwelling units within multi-unit dwelling development project shall not have direct access to an arterial or a collector street.

(a) Within a multi-unit dwelling development project, parking lots or driveways to individual dwelling units shall connect directly to a local residential street with direct access to an arterial or collector street.

(b) Multi-unit dwelling development projects shall not have direct primary access to existing local residential streets within an MDR zoning district unless the review authority finds, by substantial evidence, that environmental, topographic or other issues relating directly to public safety or welfare require general access to a local, public residential street.

(3) Pedestrian access shall be provided to transit corridors without having to pass through a parking lot whenever possible.

(4) Parking lot expansion for nonconforming uses shall be subject to the requirements of Chapter 17.328 CBDC.

(5) In no event shall on-site parking facilities exceed 50 contiguous spaces per parking cluster. Where more than 50 spaces are required, there shall be a landscaped buffer, not less than 20 feet wide, between parking clusters. Where the applicant desires more than one parking cluster on a lot or contiguous lots, the director, through the site review process, shall require that each cluster be designed to accommodate bicycle parking facilities, and that pedestrian walk lanes are provided and clearly marked.

(6) Through a Type II adjustment request, an applicant may request adjustments to this section if the topography or other environmental constraints associated with the property prevent reasonable compliance with this standard. Where the applicant desires more than one parking cluster on a lot or contiguous lots, the director, through the applicable process, shall require that each cluster be designed to accommodate bicycle parking facilities, and that pedestrian walk lanes are provided and clearly marked.

(7) All new townhouse developments shall include four additional off-street parking spaces for every three units. These spaces are to be evenly dispersed throughout the development with no more than four spaces being located in any one specific area. The director is authorized to establish final location of these parking spaces. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.060].

(1) Off-street parking shall be provided:

(a) For manufactured home parks, two auto parking spaces per dwelling unit, each with a dimension of 10 feet by 20 feet, shall be located on the lot or property which they are intended to serve. Off-street parking shall be provided within a garage or carport.

(b) For RV and park model parks, one 10-foot-by-20-foot auto parking space per unit located on the lot or property which they are intended to serve.

(2) Visitor Parking. At least one automobile parking space shall be provided for every two manufactured home lots or sites for use by visitors and delivery vehicles. These spaces shall be signed or designated as such. These spaces shall be within 100 feet of the lots to be served. Visitor parking may be provided on streets designed to accommodate parking and two standard lanes of traffic.

(3) All on-site parking shall be designed and constructed in compliance with the parking facility standards of this chapter.

(4) Trucks with a maximum gross vehicle weight more than one and one-half tons, recreational vehicles, boats on boat trailers, and similar equipment shall be parked in one of the two allocated off-street parking spaces if stored on an individual lot or space; provided no more than one passenger vehicle may be parked on a given lot or space. Car-top boats and canoes are exempt from this requirement. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.340.070].

The provisions of this chapter are intended to: improve the effectiveness of signs in identifying and advertising businesses; prevent signs from detracting from the enjoyment and pleasure of the city’s natural beauty; provide uniform sign standards and fair and equal treatment of sign users; protect public safety by ensuring that official traffic regulating devices are easily visible; ensure the safe construction, erection, and maintenance of outdoor signs; and comply with state and federal constitutional requirements relating to speech. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.010].

(1) General Location of Signs. No sign allowed by this title shall be placed so that it is supported within a public right-of-way, unless this title specifies otherwise. Some signs may project over rights-of-way, subject to the standards for that type of sign or for the underlying zoning district.

(2) Permits.

(a) Sign permits are required before the installation of all signs except those exempted in CBDC 17.333.030. Permits may be issued to the sign contractor or to the owner of the business or property.

(b) Applications for sign permits shall contain at least the following information:

(i) Name and address of the applicant;

(ii) Location of the property on which the sign is to be erected, and the amount of lot and building frontages;

(iii) Scaled dimensions of the sign and its height above grade;

(iv) A sketch showing the location of all existing and proposed signs on the premises;

(v) An accurate depiction, or rendering, showing advertising copy on the proposed sign; and

(vi) If applicable, a drawing showing clearly the structural elements.

(3) Installation and Maintenance. The installation of all signs shall be in compliance with the appropriate chapter of the State Structural Specialty Code in effect. No signs shall be erected, relocated, or maintained to prevent free ingress to or egress from any door, window, or fire escape required by code. All signs shall be maintained in a safe, complete, and neat condition.

(4) For the purpose of this chapter, the zoning designations are as follows:

(a) Residential: (SLR), (LDR) and (MDR    ).

(b) Medical park (MP).

(c) Commercial: commercial (C-1) and mixed-use (MX).

(d) Industrial: industrial/commercial (I-C), waterfront industrial (W-I) and waterfront heritage (WH).

(e) Urban public (UP).

(5) Applicability of Chapter. Murals are not considered signs. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.020].

(1) Public Signs. Signs of a public, noncommercial nature which shall include traffic control signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historic points of interest, and all signs erected by a public employee in the performance of public duty.

(2) Memorial Signs or Tablets. Nonilluminated memorial signs or tablets indicating the name of a building and/or the date of erection. Exempted signs shall not exceed five feet in area.

(3) Private Traffic Direction Signs. Signs guiding vehicular and pedestrian traffic on private property. Exempt signs shall be less than three square feet, shall not be placed within a public right-of-way, except by right-of-way use permit, and shall contain no advertising copy.

(4) Name Plates. Nonilluminated, single-faced, wall-mounted name plates indicating only the name, address, and occupation of the occupant. Exempt signs shall not exceed one name plate per dwelling unit or business, no larger than two square feet, nor a combined area of six square feet for multiple businesses or units.

(5) Construction Signs. Signs identifying the architect, engineer, contractor, or other firm involved with building construction, and naming the building or its purpose, and the expected completion date. Only one sign per street frontage shall be allowed, not to exceed 12 square feet in residential zones, 24 square feet in professional zones, or 32 square feet in all other zones. If there is only one street frontage, more than one sign may be allowed, provided the total sign area does not exceed the maximum specified above. These signs shall be removed within 14 days after the building receives a final occupancy permit.

(6) Real Estate Signs. Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed. Signs are limited to one double-faced sign per property, not to exceed six square feet in residential zones, 24 square feet in professional zones, or 32 square feet in all other zones. A real estate sign advertising a development of multiple properties, such as a subdivision or industrial park, shall not exceed one square foot per lot, with a maximum size of 32 square feet in total area. For multiple properties, one sign of the maximum size may be allowed on each street frontage; provided, that the signs are 400 feet apart measured along the frontage.

(7) Vehicle Signs. Signs painted on or permanently affixed to lawfully parked and operable motor vehicles or trailers.

(8) Window Signs. Signs affixed to or painted on the inside or outside of windows and visible from the exterior of a structure.

(9) Political campaign signs.

(10) Special Event Signs. Signs or outdoor displays of a temporary nature advertising or promoting a specific event, seasonal or holiday decoration or display. These signs may contain or consist of banners, posters, pennants, ribbons, streamers, flags or other similar moving devices.

(11) Attraction Devices. Devices, designs, or symbols which may consist of banners, windsocks, posters, pennants, ribbons, streamers, or other similar nonautomated, nonelectronic, or nonilluminated moving devices. These devices may not encroach upon a public right-of-way if they are a hazard to pedestrian or vehicular traffic. See also CBDC 17.333.040(4) for prohibitions regarding attraction devices.

(12) National, State, or City Flags. These signs shall be maintained in a manner which befits the respect due to the entities they represent.

(13) Wall-Mounted Signs. These signs shall be exempted in commercial and industrial zones.

(14) Sign Maintenance or Changing Copy. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made; changing advertising copy on a billboard, on a reader board, or on a permitted sign if that sign belongs to the same owner or advertises the same business. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.030].

(1) Obscene or Indecent Signs. Any visual representation or verbal description of sexual conduct, sexual excitement, sado-masochistic abuse, or excretory functions or products, as further defined in ORS 167.060 et seq.

(2) Signs Interfering with Traffic. Signs or other devices in any location which, because of position, shape, color, or animation, may interfere with, obstruct or be confused with any authorized traffic sign or highway identification sign; or which use the words, “stop,” “look,” “danger,” or other words, phrases, symbols, characters, or animation which would interfere with, mislead, distract, or confuse vehicle operators; and signs located at the intersection of streets or driveways which substantially obstruct clear vision of vehicle operators.

(3) Defunct Businesses. Signs which advertise an activity, business, product or services no longer on the premises, including all related off-premises signs.

(4) Attraction Devices. Strings, groupings, or clusters of pennants and pinwheels shall not be permitted in the commercial, urban public or residential zones. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.040].

Special signs require a permit and shall conform to the maintenance and safety requirements of CBDC 17.333.020 and to requirements of the underlying zone.

(1) Street Banners. Banners erected over authorized public rights-of-way which advertise events or entertainment of community interest under the sponsorship of a nonprofit organization may only be erected in places and in a fashion authorized by the department for a maximum of 14 days. A longer period of time may be allowed if no other organization reserves the installation.

(2) Portable Signs. Signs containing advertising copy which are not permanently affixed to a building, structure, or the ground and are designed to be moved, such as sandwich boards and signs on wheels, except political campaign and real estate signs. One portable sign per business with a maximum of two faces and 10 square feet or less per face is allowed and shall not be charged to the property’s allowable sign area. Any excess size over 10 square feet shall be charged as shall additional portable signs. Portable signs may be placed in the public right-of-way fronting the business; provided, that a safety or vision clearance problem does not result.

(3) Off-Premises Signs. Signs other than a billboard which advertise a business, commodity, and/or activity which are not sold, manufactured, or conducted on the premises where the sign is located. These signs shall be charged to the property on which they are located. Therefore, the permit must be accompanied by a written documentation from the owner of the property on which the sign is to be located acknowledging this charge. To allow an unobstructed view of the bay, off-premises signs in the following locations must be wall-mounted:

(a) On the bayside of Bayshore Drive north of Elrod Avenue.

(b) On the bayside of South Empire Boulevard south of Newmark Avenue.

(c) On the bayside of 6th Avenue south of “F” Street.

(4) Billboards. Billboards are off-premises signs which are generally for hire. They shall only be allowed in the commercial and industrial zones, except that no billboard shall be allowed on the bayside of Bayshore Drive north of Elrod Avenue, nor on the bayside of South Empire Boulevard south of Newmark Avenue, nor on the bayside of 6th Avenue south of “F” Street. The size of billboards shall not exceed a total of 300 square feet; back-to-back installation on one supporting structure is permitted. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.050].

(1) General. This section shall apply to all residential zones.

(2) Size.

(a) Each dwelling unit, including home occupations, shall be allowed one sign with a maximum of two faces not to exceed two square feet in area per face. On-site sign advertising a vacation rental shall not exceed 11 inches by 18 inches in size and no more than one sign shall be permitted.

(b) Subdivisions, factory-built home parks, PUDs, other housing complexes, and all other uses without structures thereon shall be allowed one additional sign with a maximum of two faces not exceeding 24 square feet in area per face to identify the premises.

(c) Group residential and multiple-family dwellings shall be allowed the greater of either:

(i) One wall-mounted or double-faced freestanding sign not to exceed 15 square feet; or

(ii) One wall-mounted sign not to exceed 10 percent of the property’s lot frontage.

(iii) Commercial and civic uses shall be allowed both signs under subsection (2)(b) of this section; the smaller sign shall be oriented to a parking area or to the other street frontage on a corner lot.

(3) Location.

(a) In addition to the requirements of CBDC 17.220.020, low density residential locational criteria, freestanding signs shall be set back at least 10 feet from the property line and shall not be placed within the vision clearance area or in a manner which obstructs vision or vehicular traffic.

(b) Building-mounted signs shall be placed flat against the wall and shall not project from the building or above the roofline.

(c) Roof-mounted signs are prohibited.

(i) Height. Freestanding signs shall not exceed five feet in height from grade to the top of the sign. There are no height limitations for wall-mounted signs, except that no part of the sign shall extend above the roofline.

(ii) Content. Signs for residential uses shall only bear the name of the occupant and address, and the occupation if the sign advertises a home occupation. The additional sign allowed under subsections (2)(b) and (c) of this section shall only identify the complex. The content of signs for commercial and civic uses is not restricted.

(iii) Lighting. Interior illumination, flashing, moving, or animated lights are prohibited.

(d) No sign in any residential zoning district shall inhibit vision of a dwelling unit address. [Ord. 549 § 3, 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.060].

(1) General. This section shall apply to all commercial and industrial zones established by this title, except the zoning districts regulated by CBDC 17.333.080, Standards – Medical park district.

(2) Size.

(a) The total allowable sign area, exclusive of wall-mounted signs, for each frontage shall be based upon either the lot or building frontage of the business along a publicly dedicated right-of-way or upon a building frontage along a parking lot. The total allowable sign area shall be computed at one square foot for each linear foot of lot frontage, or at one and one-half square feet for each linear foot of building frontage, whichever is greater. Each sign shall be limited to two faces and no individual sign shall exceed 300 square feet per face. However, all businesses shall be allowed a minimum of 37.5 square feet of sign area per face, regardless of the amount of frontage.

(b) Multi-Story Buildings. Ground floor businesses of multi-story buildings shall be entitled to 100 percent of the maximum allowable sign area computed for the building based upon the lot or building frontage. Different businesses above the ground floor shall share 50 percent of that sign area amount.

(c) Shopping Centers. Each business in a shopping center shall be allowed sign area based upon the business’s building frontage on a public right-of-way or parking lot. In addition, the shopping center shall be allowed one double-faced sign on each right-of-way, each not exceeding 100 square feet per face, which shall identify the center itself and may also identify businesses in the center.

(3) Location and Placement. A sign shall be placed to have exposure from the frontage on which it is computed, in compliance with CBDC 17.333.020 and as follows:

(a) Projecting Signs. These signs shall not project more than eight feet beyond the property line and shall not be closer than two feet to any curbline. These projecting 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.

(b) Marquee Signs. Marquee signs, including signs on awnings or canopies, shall have a minimum clearance of eight feet from the grade of the pedestrian way to the bottom of the sign, and shall not project closer than two feet to any curbline.

(c) Signs Computed by Parking Lot Frontage. Signs computed on building frontage along a parking lot shall be painted on the building or flush-mounted on the wall surface of the building, and shall not extend above the top of the wall.

(4) Height. Signs shall not exceed 30 feet in height measured from grade to the highest element of the sign. This requirement shall not apply to signs affixed to the walls or to the roof. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.070].

(1) General. This section shall apply to the medical park and residential/professional zones established by this title.

(2) Size.

(a) Each building of a commercial or civic use shall be allowed either one double-faced sign no greater than 24 square feet or two single-faced signs no greater than 24 square feet each.

(b) Residential uses shall conform to the requirements of CBDC 17.333.060(2).

(3) Location and Placement. Signs may be located anywhere on the property, except in compliance with CBDC 17.333.020 and as follows:

(a) Residential Signs. Freestanding signs shall be set back at least 10 feet from the property line and shall not be placed within the vision clearance area or in a manner which obstructs vision or vehicular traffic. Roof-mounted signs are prohibited.

(b) Commercial and civic use signs shall not project over public property.

(4) Height. Freestanding signs shall not exceed five feet in height from grade to the top of the sign. There are no height limitations for wall-mounted signs, except that they shall not extend above the roofline.

(5) Lighting. Flashing, moving, or animated lights are prohibited. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.080].

There shall are no special requirements applied in the urban public district established by this title, except that flashing, moving, or animated signs are prohibited, excluding scoreboards. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.337.090].

In addition to other development standards in this land use code, this chapter provides specific development standards for certain development and uses. In the event of a conflict between the general development standards and the supplementary development standards, the provisions of the supplementary development standards control. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.010].

The features listed below shall be exempt from the established height limits in the zoning districts provided the limitations indicated for each are observed.

(1) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure, including chimneys, ventilators, plumbing vent stack, cooling towers, water tanks, panel, or devices for the collection of solar or wind energy, and the window-washing equipment, together with required visual screening for any such equipment and appurtenances.

(2) The minimum additional height required for elevators, stairs, mechanical penthouses, fire towers, skylights, flag poles, aerials, and similar objects but not including storage space or other equipment unless listed in subsection (1) of this section.

(3) Ornamental and symbolic features not exceeding 200 square feet in gross floor area including towers, spires, cupolas, belfries, and domes, where such features are not used for human occupancy. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Residential fences and walls not greater than eight feet in height shall be permitted on or within all property lines which are not within any vision clearance area.

(2) Fences and walls that conform with the standards required by the specific zones and this section may be constructed in required front yard, side yard and rear yard setbacks.

(3) Commercial fences or walls located in the following areas shall only be allowed subject to approval of a Type II review (Chapter 17.130 CBDC):

(a) Bayshore Drive between Elrod Avenue and Highland Avenue.

(b) Bayshore Drive north of Fir Avenue.

(c) South Empire Boulevard south of Newmark Avenue.

(d) 6th Avenue south of “F” Street.

(e) All area located in the downtown Coos Bay and Empire urban renewal areas in commercial land use districts.

(f) Chain link fences are prohibited in the areas noted in subsections (3)(a) through (e) of this section. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 524 § 7 (Exh. A), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.020].

If refuse containers are used by more than one unit for temporary storage of solid wastes, the container(s) shall be screened from view from off site by a sight-obscuring fence and/or evergreen landscaping and the area kept clean of all litter. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.030].

(1) Street lighting shall be a required component of all residential, commercial and industrial developments within the city of Coos Bay.

(2) Lighting, including permitted illuminated signs, shall be designed and arranged so as to not:

(a) Reflect or cast glare into any residential zone;

(b) Rotate, glitter, or flash; or

(c) Conflict with the readability of traffic signs and control signals.

(3) General Light Location. Lighting shall only be installed adjacent to structures, walkways, driveways, or activity areas (decks, patios, spas and pools, and similar use areas) and focal landscape areas close to the residence or activity area.

(4) Mounted Light Location.

(a) Building-mounted lights shall be installed below the eave line.

(b) Exterior light fixtures may be mounted on any exterior wall or structure at a minimum of eight feet above the adjacent finished floor level. However, a light fixture adjacent to a second story balcony, deck, or exterior doors may be mounted on the wall at a maximum height of eight feet above the finished floor level.

(c) Lighting features on any site shall not exceed 15 feet and 25 feet in height for freestanding outdoor light features on industrial property.

(5) Fixtures. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets.

(6) Level of Illumination. Exterior lighting shall represent the minimum level of illumination necessary to meet the aesthetic and security needs of the property. Light sources, intensity of light, and color of light shall be designed and located to achieve security or decorative lighting goals without causing an adverse impact on neighboring properties. Light sources shall be designed and located to minimize spillover of light or glare onto neighboring properties.

(7) Lighting Intensity. The lighting intensity within parking lots and adjacent areas shall be at least 1.0 foot-candle at all points, but shall not exceed an average of 3.0 foot-candles over the entire parking lot.

(8) Lighting Plan. A lighting plan is required for all applicable development demonstrating compliance with these lighting standards. Lighting plans shall be a required component of complete preliminary subdivision and partition applications. All lighting plans shall be approved by the director. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.040].

All development shall comply with the noise standards established in the city. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.050].

The following standards apply to landscaping and screening on private property required pursuant to this title. The city’s public works department shall review and authorize landscaping and screening within public rights-of-way.

(1) Applicability.

(a) At a minimum, 15 percent of each new commercial or industrial zoned lot or development must be landscaped to the standards within this chapter.

(b) At a minimum, 15 percent of new multi-unit dwelling developments must be landscaped to the standards within this chapter.

(2) General.

(a) Applicants are encouraged to provide flexible landscaping design that takes advantage of natural features and addresses the use and function of the proposed development. Landscaping choices should consider the aesthetic qualities of the existing site and provide attractive variety in tree and shrub species, texture, color, height and density.

(b) Existing vegetation may fulfill landscaping and screening requirements of this chapter if the existing landscaping provides at least an equivalent level of screening as the standard required for the development in question.

(c) As a condition of approval for a conditional use or PUD, the city may require an applicant to provide landscaping and screening that differs from the standards in this section where necessary to comply with the other applicable approval standards for the use or development.

(d) Landscaped areas required for stormwater management purposes may be used to satisfy the landscaping area requirements of this chapter.

(3) Landscape Standards.

(a) Required landscaping and screening shall be located on the perimeter of a lot or parcel. Required landscaping and screening shall not be located on a public right-of-way or private street easement, unless authorized by the city’s public works department.

(b) Multi-unit dwelling developments shall provide a minimum five-foot-wide landscape screen along all property lines that abut a low density residential zoning district, per the standards of subsections (3)(b)(i) through (iii) of this section.

(i) High shrubs that form a continuous screen, at least six feet high, within five years of planting.

(ii) One canopy tree per 30 linear feet as measured along interior lot lines.

(iii) Living plant materials covering a minimum of 70 percent of the required landscape area within five years of planting.

(iv) A masonry wall at least six feet high shall be permitted as a substitute for the shrubs but the trees and other plant materials are still required.

(c) Parking and loading areas shall be landscaped as follows:

(i) A minimum five-foot-wide landscaped strip shall be provided where vehicle parking or loading adjoins a public road right-of-way.

(ii) Parking areas throughout the development that contain at least seven spaces are required to provide perimeter parking area landscaping and parking area landscaping along street and driveway entrances. A landscape island shall contain at least 25 square feet, shall be at least four feet wide, and shall prevent vehicles from overhanging into this required area by using a wheel stop or curb. If a curb is used, the landscape islands shall be at least six feet wide.

(d) The applicant shall install required landscaping and screening consistent with the approved site plan or development, or an approved modification thereto, before the city issues an occupancy permit or final inspection for the development in question; the city may defer installation of plant materials for up to six months after the city issues an occupancy permit or final inspection for the development in question if doing so increases the likely survival of plants.

(4) Plant Materials.

(a) Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Selection should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance. Landscaping materials shall be selected in accordance with a list of plant materials adopted by reference as the Sunset Western Garden Book.

(b) The applicant shall demonstrate and comply with the following:

(i) Plant materials shall be installed to current nursery industry standards.

(ii) Plant materials shall be properly supported to ensure survival. Support devices such as guy wires or stakes shall not interfere with vehicular or pedestrian movement.

(iii) Existing trees and plant materials to be retained shall be protected during construction, such as by use of chain-link or other sturdy fence placed at the drip-line of trees to be retained. Grading, topsoil storage, construction material storage, vehicles and equipment shall not be allowed within the drip-line of trees to be retained.

(c) All required ground cover plants and shrubs must be of sufficient size and number to meet the required standards within three years of planting. Mulch (as a ground cover) must be confined to areas underneath plants and is not a substitute for living ground cover plants, lawn or approved flowers.

(d) Shrubs shall be supplied in a minimum of two-gallon containers or equivalent burlap balls, with a minimum spread of three inches. Reduction in the minimum size may be permitted if certified by a registered landscape architect that the reduction shall not diminish the intended effect or the likelihood the plants will survive.

(e) Trees shall be measured from the ground level at final planting to the top of the tree.

(i) Trees required for parking and loading areas shall be a minimum caliper of two inches and a minimum height of 10 feet at the time of planting.

(ii) Required deciduous trees (other than street trees) shall be fully branched, have a minimum caliper of one and one-half inches and a minimum height of eight feet at the time of planting.

(iii) Required evergreen trees (other than street trees) shall be fully branched and a minimum of six feet high at the time of planting.

(iv) The review authority may reduce the minimum size of trees (other than street trees) if the applicant submits a written statement by a landscape architect registered in Oregon or expert in the growing of the tree(s) in question certifies that the reduction in size at planting will not decrease the likelihood the trees will survive.

(5) Maintenance and Irrigation.

(a) Maintenance of landscaped areas is the ongoing responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced with in-kind materials unless otherwise authorized by the review authority. Vegetation shall be controlled by pruning, trimming or otherwise so that it will not interfere with the maintenance or repair of any public utility, restrict pedestrian or vehicular access, or obstruct sight distance at intersections.

(b) Irrigation. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering. All required landscaped areas must comply with one of the following:

(i) A permanent built-in irrigation system with an automatic controller will serve the landscape area in question, and the system will be installed and operational before the city grants an occupancy permit or final inspection for the development in question; or

(ii) A temporary irrigation system will be acceptable, provided the applicant submits a statement from a landscape architect registered in Oregon or expert in the growing of the vegetation in question which certifies that the proposed temporary irrigation system will provide sufficient water to ensure that the plant materials to be planted will survive installation and, once established, will survive without watering other than natural rainfall; or

(iii) A permanent or temporary irrigation system will not be installed to serve the landscape area in question; provided the applicant submits the following:

(A) A statement from a landscape architect registered in Oregon or expert in the growing of the vegetation in question certifying that the materials to be planted will survive without watering other than natural rainfall; and

(B) A plan for monitoring the survival of required vegetation on the approved site plan for at least one year and for detection and replacement of required vegetation that does not survive with like-kind material or other material approved by the city. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.060]

Drive-in/drive-through uses and facilities are subject to the following standards and conditions:

(1) All drive-in/drive-through service facilities shall provide a designated parking area for two cars in close proximity to the facility or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service while parked.

(2) Drive-in/drive-through facilities shall be designed and verified by a traffic engineer that vehicles will have appropriate stacking distance, will not obstruct any vision clearance and shall maintain clear drive aisles, pedestrian walkways and public rights-of-way. Drive-up/drive-through design shall assure prohibition from backing into a vehicular or pedestrian path of travel.

(3) The sound level of communications systems shall comply with CBMC Title 9.

(4) All components of a drive-in/drive-through use shall be removed within one year of discontinuation of the use through abandonment, relocation, or redevelopment.

(5) No demolition of or exterior change to a building considered to be a city-designated cultural resource or listed on the National Register of Historic Places shall be permitted to accommodate a drive-in/drive-through use. [Ord. 511 § 6 (Exh. 2), 2019].

Marijuana-related businesses may be operated indoors only and shall meet all of the following requirements:

(1) Location. The business must be located in a permanent building and may not be located in a trailer, cargo container, motor vehicle, recreational vehicle, manufactured home or greenhouse, nor within 1,000 feet of another marijuana-related business of the same type.

(2) Outdoor Storage. Outdoor storage for merchandise or any material associated with a marijuana business is prohibited.

(3) Site Plan Review Consistency. Modifications to the subject site or exterior of a building housing the business must be consistent with Chapter 17.130 CBDC, Procedures.

(4) Design criteria for processing and production facilities are subject to the following site and building design criteria:

(a) Security bars or grates on windows and doors are prohibited.

(b) Building frontage on Highway 101/Bayshore Drive shall include exemplary design and is subject to review by the design assistance team.

(5) Disposal. The business must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business’s exterior refuse containers.

(6) Light and Glare. For production of marijuana, shield lighting systems and window coverings are required to confine light and glare from the interior of the structure.

(7) Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with a business shall satisfy the building code requirements and obtain all required building permits prior to installation.

(8) Property Owner Claim Waiver Requirement. The property owner of a structure in which an indoor marijuana business is to be located shall record a declaration which waives any claim or right to hold the city liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the city permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agree not to unreasonably disobey the city’s order to halt or suspend business if state or federal authorities order or otherwise subject the city to enforcement to comply with laws in contradiction to the continued operations of the business as permitted in Table 17.235.020 – I-C Uses.

(9) A marijuana-related business must obtain an approved license or registration from the state of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules.

(10) Marijuana Production. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot.

(11) Drive-Up Use. A marijuana retail sales outlet shall not include a drive-up facility or use. [Ord. 547 § 8, 2021; Ord. 513 § 7 (Exh. 2), 2019].

Pathways within developments shall provide safe, reasonably direct and convenient connections between primary entrances and all adjacent streets, adjacent properties, and existing or planned transit stops based on the following definitions:

(1) Reasonably Direct. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.

(2) Safe and Convenient. Bicycle and pedestrian routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.

(3) For commercial, industrial, mixed use, public, and institutional buildings, the “primary entrance” is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance.

(4) For residential buildings the “primary entrance” is the front door (i.e., facing the street).

(5) For multifamily buildings in which each unit does not have its own exterior entrance, the “primary entrance” may be a lobby, courtyard or breezeway which serves as a common entrance for more than one dwelling.

(6) Pathways shall be concrete, asphalt, brick/masonry pavers, or another city-approved durable surface meeting ADA requirements.

(7) Retail, office, and institutional developments proposed on the same site as, or adjacent to, an existing or planned transit stop as designated in an adopted transportation or transit plan shall provide the following transit access:

(a) Reasonably direct pedestrian connections between the transit stop and primary entrances of the buildings on site. For the purpose of this section, “reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for users.

(b) The primary entrance of the building closest to the street where the transit stop is located that is oriented to that street.

(c) Easements and/or transit stop improvements in coordination with the transit service provider and consistent with an adopted plan, pursuant to CBDC 17.335.100. [Ord. 526 § 5 (Exh. D), 2020].

Developers shall coordinate and provide documentation of coordination with Coos County Area Transit, the local transit provider, with regard to the design of the street and other transportation facilities that are located within 100 feet of existing or planned transit routes and stops and of development sites that are adjacent to existing or planned transit stops. ADA-accessible transit stop improvements, pedestrian connections to transit stop locations, and furnishings such as shelters, benches, bicycle racks, and/or other amenities may be required by public works, consistent with adopted plans. [Ord. 526 § 5 (Exh. D), 2020].

(1) Standards. The general conditions of the district shall prevail in addition to the special standards listed in this section. (See Figure 17.335.110.)

(a) The lot(s) contiguous to the zero-setback yard must be under the same ownership at the time of initial construction, or the applicant must produce written evidence that the contiguous property owner consents to this type of construction and is willing to enter into the required covenant agreement.

(b) The yard setback on the lot contiguous to the zero-lot line development must comply with the requirements of the applicable building code authorized by CBMC Title 15 and determined by the building official.

(c) If dwellings are constructed against both side lot lines, access must be provided along the rear lot lines for public pedestrian or vehicular access to the rear yards and for access by emergency service vehicles.

(d) When two dwellings are built against the same zero lot line, no portion of them shall project over any property line.

(e) Property owners of this kind of development and property owners of contiguous property shall sign a covenant agreement with the city which shall be recorded against the lots as a condition of project approval to be recorded prior to occupancy. The agreement shall provide that:

(i) In case of destruction of one or more units, new construction must follow the same concept of construction as previously designed.

(ii) Each owner shall carry fire and liability insurance on their portion of the building with the contiguous owner(s) also listed on the policy.

(iii) Provisions for the maintenance of the zero-lot line wall, the roof and any common facilities are included.

(iv) The procedures for the resolution of disputes are specified.

Figure 17.335.110

Examples of Zero Lot Line Development

[Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020].

The purpose of these development standards is to ensure that multi-unit dwellings provide for a physical environment with visual interest consistent with the Coos Bay comprehensive plan land use chapter.

(1) Applicability.

(a) Multi-unit dwelling standards shall apply to all multi-unit developments in all zones. In cases where the multi-unit dwelling standards apply, they shall be considered applicable for the portion of the development site impacted by the proposed development.

(b) Multi-unit dwelling standards shall also apply to mixed use developments in commercial zones with the exception of storefronts, areas for lobbies (serving residential and commercial uses), stairs, elevators, and other nonresidential use areas.

(c) Multi-unit dwelling standards shall apply to cottage clusters, recreational vehicle parks, and tiny home communities.

(2) Building Height. The maximum building heights allowed are those permitted according to the applicable zoning district.

(3) Required Setbacks. The required building setbacks are those required in the applicable zoning district in addition to the following requirements:

(a) Street Frontage. On development sites that will result in 100 feet or more of public or private street frontage, at least 60 percent of the site frontage abutting the street (including required yards) shall be occupied by a building(s) or enhanced pedestrian space placed within 10 feet of the minimum front yard setback line. On development sites with less than 100 feet of public or private street frontage, at least 40 percent of the site width shall be occupied by a building(s) placed within 10 feet of the minimum front yard setback line. “Site width,” as used in this standard, shall not include areas of street frontage that have significant natural resources as mapped by the city, delineated wetlands, slopes greater than 20 percent, recorded easements, required fire lanes or other similar nonbuildable areas, as determined by the director. (See Figure 17.335.120(3)(a) – Multi-Unit Minimum Building Setback Along Streets.)

Figure 17.335.120(3)(a) – Multi-Unit Minimum Building Setback Along Streets

(b) Setback intrusions permitted are those required according to CBDC 17.335.130, Setbacks – Intrusions Permitted.

(4) Building Orientation and Entrances.

(a) Building Orientation. Multi-unit dwelling buildings located within 30 feet of a front lot line shall have the primary orientation toward the street. Buildings proposed to be side oriented to public streets due to access requirements, dimensional constraints and/or compatibility with other on-site buildings are exempt from this requirement.

(b) Ground Floor Building Entrances. An entrance(s) of ground floor units of any residential building located within 30 feet of a street must face the front lot line. Entrances may provide access to individual units, clusters of units, courtyard dwellings, or common lobbies. The following exceptions shall apply:

(i) On corner lots the main building entrance(s) may face either of the streets or be oriented to the corner.

(ii) For buildings that have more than one entrance serving multiple units, only one entrance must meet this requirement.

(iii) For buildings proposed to be oriented away from public streets due to access requirements, dimensional constraints and/or compatibility with other on-site buildings, main entries may face away from the street provided both of the following apply:

(A) There is an on-site pedestrian pathway between the new building entrance and the street. On-site pedestrian pathways shall be designed and constructed to provide a direct and clearly identified connection from the building entrance to the existing public right-of-way and public accessways.

(B) The ground floor building side facing the street shall contain windows that occupy a minimum of 10 percent of the facade.

(5) Building Mass and Facade.

(a) Maximum Building Dimension. Neither the maximum length nor width of any building within 30 feet of a front lot line can exceed 150 feet.

(b) Windows. Street facades shall contain windows covering a minimum of 10 percent of the facade on each floor level.

(6) Building Articulation.

(a) Articulation Requirement. To preclude large expanses of uninterrupted wall surfaces, exterior elevations of buildings shall incorporate design features such as offsets, projections, balconies, bays, windows, entries, porches, porticos, changes of material, varying roof heights or types, or similar elements. At least two of these design features shall be incorporated along the horizontal face (side to side) of the structure on each floor, to be repeated at intervals of no more than 20 feet.

(b) When offsets and projections are used to fulfill articulation requirements, the offset or projection shall vary from other wall surfaces by a minimum of two feet. Such changes in plane shall have a minimum width of six feet.

(c) Individual and common entry ways shall be covered by roofs, awnings, or porticos.

(7) Site Landscaping.

(a) Landscaping shall be installed consistent with CBDC 17.335.060, Landscaping. The required landscaping shall be placed within the required front yard setback area and may be pierced by pedestrian and vehicular access ways. All areas of a site not devoted to structures, driveways, or walkways shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner.

(8) Open Space. A minimum of 15 percent open space of the total site area shall be provided unless exempt under other provisions of the CBDC. Required open space may be provided as common open space and/or private open spaces with a minimum of 30 percent of the required open space shall be pervious area with living plant material.

(a) Common Open Space. Common open space may include any of the following:

(i) Outdoor areas incorporating:

(A) Lawn or hard surfaced areas to be used for active or passive recreation in which user amenities such as trees, shrubs, planters, pathways, tables, benches or drinking fountains have been placed.

(B) Ornamental or food gardens.

(C) Common open space for passive recreational use.

(D) Children’s play areas.

(E) Roof terraces, patios, porches, and internal courtyards.

(ii) Common open space may also include up to 30 percent of the required area in natural resource areas, such as steep slopes greater than 25 percent, forested areas, conservation areas and delineated wetlands provided the area includes passive walking trails meeting the following standards in Table 17.335.120(8)(a)(ii) – Common Open Space Natural Resource Areas:

(iii) Outdoor common open space shall comply with all of the following:

(A) The minimum area for any single outdoor common open space shall be 225 square feet.

(B) At least one area of outdoor common open space shall be a minimum of 15 feet by 15 feet.

(C) The minimum dimensions for any portion of outdoor common open space in the front yard setback shall be at least 15 feet by 15 feet. The minimum dimensions for any other portion of outdoor common open space shall be at least 10 feet by 10 feet.

(D) Required setback areas and areas required to comply with landscape standards may be applied toward the minimum open space requirements when the minimum dimensions of such space meet the standards in subsections (8)(a)(iii)(A) through (C) of this section.

(E) Outdoor common open spaces shall not be used as parking areas.

(b) Private Open Space. Private open space is outdoor space directly adjacent to a dwelling unit providing an outdoor area for private use by the occupants of the dwelling unit. Private open space, where provided, shall meet the minimum standards in Table 17.335.025(8)(b) – Minimum Private Open Space Sizes:

(i) Balconies located within 20 feet of property zoned LDR and SLR shall not be counted as private open space.

(ii) To be counted toward the minimum required, private open space may be covered, but cannot be enclosed. Private open space is considered enclosed when the space between a floor, decking, or ground level and a roof structure has more than three sides taller than 42 inches in height.

(iii) Ground level private open space shall be screened or buffered from adjacent private open space and dwellings by landscape, fencing or partitions. Such screening or buffering shall be a minimum of 30 inches in height.

(c) Ground level common and private open space shall be physically separated and screened from adjacent parcels per CBDC 17.335.060, Landscaping.

(9) Block Requirements.

(a) Block Structure. Multi-unit developments eight or more acres in size shall be developed as a series of complete blocks bounded by public right-of-way or private drive aisles or streets. Natural areas, waterways, high voltage power lines, and other similar substantial physical features may form up to two sides of a block. The maximum block size within a multi-unit dwelling development shall be no greater than four acres in size. (See Figure 17.335.120(9)(a) – Multi-Unit Block Requirements.)

Figure 17.335.120(9)(a) – Multi-Unit Block Requirements

(10) On-Site Pedestrian Circulation.

(a) Multi-unit dwelling developments shall provide safe on-site pedestrian circulation designed and constructed to provide a direct connection to existing public right-of-way and public accessways.

(b) Multi-unit dwelling developments shall connect any new building entrances on a site to all other new and existing building entrances on the same site, except entrances used primarily for loading and unloading freight and egress only entrances.

(11) Recycling and Garbage Areas. Multi-unit developments shall provide screening for outdoor garbage and recycling collection areas according to CBDC 17.335.030, Solid waste.

(12) Lighting. Multi-unit dwelling developments shall provide exterior lighting according to CBDC 17.335.040, Lighting. [Ord. 540 § 6 (Exh. 1), 2021].

(1) Applicability. Except as restricted by easements or other restrictions on title, the intrusions in this section may project into required front, side and rear yard setbacks to the extent and under the conditions and limitations indicated.

(2) Depressed Areas. In any zone, fences, hedges, guard railings or other landscaping or devices for safety protection around depressed ramps, stairs or retaining walls, may be located in required setbacks; provided, that such devices are not more than 42 inches in height.

(3) Projecting Building and Site Features.

(a) Notwithstanding projection limitations authorized or limited by CBMC Title 15, intrusions permitted in setbacks include Table 17.335.130(3)(a) except as provided in subsection (3)(b) of this section:

(b) Permitted Mechanical Equipment Projections. Mechanical equipment shall not be located within any required front or side yard setback and shall not be set back less than three feet from the rear lot line; however tankless water heaters may encroach 24 inches into interior side or rear yards.

(4) Fences and Walls. Fences and walls that conform with the standards required by the specific zones and CBDC 17.335.020 may be constructed in required front yard, side yard and rear yard setbacks.

(5) Public Bus Shelters. Public bus shelters may be located in required front yard, side yard and rear yard setbacks, provided vision clearance is maintained for vehicles passing on the street and leaving the development site.

(6) Driveways. Except as provided in Chapter 17.330 CBDC, Off-Street Parking and Loading Requirements and CBMC Title 15, driveways or accessways providing ingress and egress to or from parking spaces, parking areas, parking garages, or structured parking shall be permitted, together with any appropriate traffic control devices, in any required setback.

(7) Parking Spaces in Required Setbacks.

(a) Except as provided in Chapter 17.330 CBDC, Off-Street Parking and Loading Requirements, and CBMC Title 15, in areas with a broad zone category of residential, parking in required front, side and rear yard setbacks is permitted with the following restrictions:

(i) Parking spaces in required front yard setbacks are permitted in conjunction with a single-unit dwelling, accessory dwelling, or duplex, provided the parking spaces are located on driveways.

(ii) For lots and parcels with at least 50 feet of frontage, driveways shall cover a maximum of one-half of the area in the required front yard setback. All portions of required front yard setbacks not otherwise covered by legal driveways shall be landscaped and maintained.

(iii) Within the required front yard setback, recreational vehicles, boats, boat trailers, and other vehicles not in daily use, may only be parked on the paved driveway portion of the required front yard setback. No parking shall occur in the landscaped portion of the required front yard setback nor shall parking occur in the side yard. These vehicles not in daily use, are allowed to park in the front setback for not more than 48 consecutive hours.

(b) Except as provided in Chapter 17.330 CBDC, Off-Street Parking and Loading Requirements, and CBMC Title 15, in areas within the industrial commercial zone, parking spaces and parking areas are permitted in any required rear yard setback that is not adjacent to a residential or commercial zone.

(8) Utilities.

(a) Structures necessary for the operation and maintenance of public and private utilities may be located in required front yard, side yard and rear yard setbacks, provided these structures are screened as per CBDC 17.335.060, Landscaping, and vision clearance is maintained.

(b) With director approval, features such as below grade transformers, backflow prevention devices and closures, which have a low visual impact may be located in required front yard, side yard and rear yard setbacks, provided these structures are screened as per CBDC 17.335.060, Landscaping, and vision clearance is maintained.

(9) Poles. Poles for outdoor lights or government flags shall be permitted in any required setback. [Ord. 541 § 6 (Exh. 1), 2021].

Development incentives are provided to encourage the development of affordable housing as supported in the Coos Bay comprehensive plan.

(1) Housing Location and Type. The incentives in this section may be considered in any zoning district where housing is permitted for the following housing types:

(a) Housing for Sale. Housing for which the mortgage, amortized interest, taxes, insurance, and condominium or association fees meet the United States Department of Housing and Urban Development (HUD) defined fair market sales prices in Coos County for HUD income eligible households.

(b) Housing for Rent. Housing for which the rent and related costs meet the HUD defined fair market rent for HUD income eligible households.

(2) Incentive Types. A variety of incentives may be considered by the city and may include but are not limited to the following:

(a) Density Bonus. A density bonus for affordable housing (as defined in Chapter 17.150 CBDC) may be authorized as a part of the land use review process but prior to the issuance of a building permit or recordation of a final map related to a development project for density bonuses specified in Table 17.335.140. The owner must enter into an affordable housing development agreement and execute any and all documents deemed necessary by the city in a form to be established by the city attorney, including, without limitation, restrictive covenants, deed restrictions, and related instruments (including requirements for income qualification for tenants of for-rent units) for the following:

(i) Ensure the timely completion of affordable housing.

(ii) Establish the length of time the units will remain affordable.

(iii) Related to units for sale, resale limitations to retain affordability for the duration of the agreement for individuals and families meeting the criteria of subsection (1)(a) of this section.

(iv) Related to units for rent, specific criteria related to retention of rental rates for affordability to individuals and families meeting the criteria in subsection (1) of this section.

(b) Residential Zone Building Height Incentive. An increase in building height not to exceed 10 feet above the height of the zoning district may be allowed for multi-unit dwellings when the additional units gained by the height increase are affordable housing units.

(c) Commercial Zone Building Height Incentive. An increase in building height not to exceed 52 feet above the height of the zoning district may be allowed for multi-unit dwelling when the additional units gained by the height increase are affordable housing units.

(d) Lot Coverage Incentive. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (1) of this section the entire development may develop with an 80 percent lot coverage.

(e) Lot Area and Dimensions Incentive. For affordable housing developments where 50 percent or more of the dwelling units are deemed affordable in conformance with subsection (1) of this section, the required lot area and dimensions for the proposed lots or parcels may be reduced up to 30 percent for the entire residential development. For affordable housing developments where less than 50 percent of the dwelling units are deemed affordable in conformance with subsection (1) of this section, the required lot area and dimensions for the proposed affordable housing dwelling units’ lots or parcels may be reduced up to 30 percent.

(f) Parking Requirement Reduction. The parking requirement for affordable dwelling units is one on-site parking space per affordable dwelling unit. [Ord. 544 § 10 (Att. B), 2021; Ord. 541 § 6 (Exh. 1), 2021].

The use of solar energy systems, both active and passive, including solar collectors, storage facilities, and other necessary components for space heating and cooling, swimming pool heating, and water heating is a permitted use in all districts subject to the requirements of CBMC Title 15. [Ord. 541 § 6 (Exh. 1), 2021].

An application for a temporary use permit is not subject to pre-application review, unless included with an application that is subject to pre-application review. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.010].

(1) Review of a technically complete application for a temporary use permit for a use that will exist not more than 60 days is subject to a Type I process, CBDC 17.130.080.

(2) Review of a technically complete application for a temporary use permit for a use that will exist for more than 60 calendar days but less than six months is subject to a Type II process, CBDC 17.130.090. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.020].

An applicant for a temporary use permit shall submit the requisite fee and three paper copies and one electronic copy of the information required by CBDC 17.130.040 and other information the director determines necessary to review the application. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.030].

(1) The review authority shall approve or approve with conditions an application for a temporary use permit in any zone if he or she finds the applicant has sustained the burden of proving that:

(a) The use is of a temporary nature, limited to a structure which can be readily dismantled and removed from the site within 48 hours of cessation of the use or activity, or converted to a permitted use in the zoning district;

(b) The use will cease and/or the structure will be removed or converted to a permitted use within six months; and

(c) Establishment and operation of the temporary use will not be materially detrimental to the public health, safety, convenience, and general welfare.

(2) The review authority may impose conditions of approval deemed necessary to ensure the proposed temporary use complies with the foregoing approval criteria. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.040].

(1) A temporary use permit shall automatically expire on the date specified in the approval.

(2) A temporary use permit approved through a Type I process may be extended for up to an additional 60 calendar days through a Type I process.

(3) A temporary use permit approved through a Type II process may be extended for up to an additional three calendar months through a Type I process, provided the duration of the temporary use permit may not exceed one calendar year. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.050].

(1) Where a temporary use permit was approved for a particular property through a Type I process, no new applications for a temporary use permit may be approved for the same property for six calendar months after the prior permit or extension expired.

(2) Where a temporary use permit was approved for a particular property through a Type II process, no new applications for a temporary use permit may be approved for the same property for one calendar year after the prior permit or extension expired. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.332.060].

In addition to complying with other applicable standards and federal law, a telecommunications facility shall comply with the following siting and design standards:

(1) A new telecommunications facility shall be reviewed and processed as a conditional use in all zones within the city.

(2) A telecommunications facility may exceed the height limit of the underlying zone, if any.

(3) The base of the tower for a telecommunications facility shall be set back from property lines a distance equal to or greater than one-half the height of the tower. All other structures and improvements associated with a telecommunications facility shall comply with applicable dimensional standards of the base zone or as otherwise provided by the approval authority.

(4) The setback of a telecommunications facility shall include landscaping as provided in CBDC 17.335.060.

(5) Generators and other equipment associated with a telecommunications facility shall not cause noise in excess of limitations within the city.

(6) Lights associated with a telecommunications facility shall be the minimum necessary to provide for security and safety. Advertising or signage of any kind is prohibited on a telecommunications facility tower except for a sign identifying safety and emergency information. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.355.010].

If a conditional use permit expires, it can be extended as provided in CBDC 17.347.040, Criteria for approval, minor modifications and revocation. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.355.020].

An approved conditional use permit is specific to the subject property and cannot be transferred to another property. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.355.030].

An application for one or more variances subject to Type I or Type II review is not subject to pre-application review, unless filed concurrent with an application that is subject to pre-application review. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.010].

(1) Review of a technically complete application for variance of up to 10 percent of the numerical standards for the following: setbacks, buffers, building heights, landscaping, lot coverage and lot dimensions, or lot area is subject to a Type I process, CBDC 17.130.080.

(2) Review of a technically complete application for all other variances greater than 10 percent are subject to a Type II process, CBDC 17.130.090.

(3) An application for a variance(s) necessarily associated with another application(s) subject to this title shall be combined with the associated application(s) for processing and review. The variance application shall be subject to the highest number review procedure applicable to the combined applications.

(4) If an application for a variance(s) is approved and an application(s) subject to an equal or higher number review procedure type is subsequently filed, the decision approving the variance may be altered for good cause by the decision on the merits of the subsequent application(s). [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.020].

An applicant for a variance(s) shall submit the requisite fee and the information required by CBDC 17.130.040, except as otherwise provided therein. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.030].

The approval authority may impose appropriate conditions to ensure compliance with the criteria. The appropriate approval authority shall approve a variance request if all the following criteria are met and corresponding findings of fact prepared:

(1) Reasonable use of the property cannot be achieved without the variance.

(2) The variance will not result in violation(s) of any other code standard, and the variance will meet the purposes of the regulation being modified.

(3) The need for the variance was not created by the applicant and/or owner requesting the variance.

(4) If more than one variance is requested, the cumulative effect of the variances results in a project that is consistent with the overall purpose of the zone.

(5) The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.040].

A decision approving a variance expires and can be extended as provided in CBDC 17.130.140. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.050].

The developer shall file the final partition or subdivision plat and attached documents for recording with the Coos County assessor and a copy of the recorded document to the city of Coos Bay within 60 days. No person or body may change a final plat in any respect except through the appropriate post-decision approval process or plat amendment process and as approved by the director. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.352.010].

Annexation procedures are meant to facilitate the orderly expansion of the city and the efficient extension of public facilities and services. They are also intended to provide adequate public review and establish a system for measuring the physical, environmental, and related social impacts of a proposed annexation. [Ord. 552 § 1 (Att. A), 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.342.010].

In accordance with state law, initiation of an annexation may be made by a majority vote of the city council or by initiation methods of property owner(s) in the area proposed for annexation. [Ord. 552 § 1 (Att. A), 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.342.020].

An annexation application shall include information required by CBDC 17.130.040 and the following:

(1) A list of all owners, including partial holders of owner interest, within the affected territory, indicating for each owner:

(a) Affected tax lots, including the township, section and range numbers.

(b) Street or site addresses within the affected territory identified by Coos County.

(c) List of all eligible electors registered at addresses within the affected territory.

(d) For property owner-initiated annexation(s), a signed petition as specified in subsection (2) of this section.

(2) Written consent on city-approved petition forms that are:

(a) Completed and signed, in accordance with ORS 222.125, by:

(i) All of the owners within the affected territory; and

(ii) Not less than 50 percent of the eligible electors, if any, registered within the affected territory; or

(b) Completed and signed, in accordance with ORS 222.170, by:

(i) More than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory; or

(ii) A majority of the electors registered in the territory proposed to be annexed and a majority of the owners of more than half the land.

(c) Publicly owned rights-of-way can be added to annexations initiated by these two methods without any consents.

(3) A city council resolution to initiate a boundary change, including but not limited to rights-of-way.

(4) In lieu of a petition form described in subsection (2) of this section, an annex form that has not yet expired as specified in ORS 222.173.

(5) Verification of property owners signed by the Coos County assessor.

(6) An ORS 195.305 waiver form signed by each owner within the affected territory.

(7) A statement of consent signed by each owner within the affected territory as allowed by ORS 222.173; statements filed within any one-year period shall be effective, unless a separate written agreement waiving the one-year period or prescribing some other period of time has been entered into between an owner of land or an elector and the city.

(8) A legal description of the affected territory proposed for annexation consistent with ORS 308.225 that will include contiguous or adjacent right-of-way to ensure contiguity as required by ORS 222.111.

(9) A map identifying the property territory and its relationship to the city limits, including but not limited to size, shape, configuration of the property, how the property would connect to city services, bearings and distances and the boundaries of parcels, lots, and tracts of land.

(10) A vicinity map.

(11) A list of the special districts providing services to the affected territory and evidence of communication with districts advising of application for annexation.

(12) A utility plan describing how the proposed affected territory can be served by city facilities and services.

(13) The distribution, location and extent of the proposed uses of the land within the annexation territory, including open space.

(14) Standards for density, land use and building intensity proposed for area proposed to be annexed.

(15) Proposed parks, open space, and conservation of natural resources.

(16) The proposed distribution, location, phasing and extent of major components of traffic circulation, wastewater collection and treatment, water sources, drainage, schools, and other public services and facilities appropriate to serve development within the annexation territory.

(17) Facilities and services capacity analysis. Funded by the applicant, analysis of the city’s capacity to provide facilities and services. The study shall assess the ability of the city to provide the various municipal facilities and services that will be necessary to accommodate the proposed annexation and planned development therein. These should include: wastewater collection and treatment; stormwater management; water supply and distribution; streets and circulation; fire protection; police services; parks; and others as appropriate.

(18) Proposed standards and criteria for future development.

(19) Annexation study. Funded by the applicant and including city administrative costs, an annexation study shall be prepared by a third-party consultant selected by mutual agreement between the city and the applicant to complete a comprehensive study of fiscal impacts of the proposed annexation to the city. The study shall address the full range of revenues and expenditures anticipated for annexation of property into the city, including one-time capital costs of facilities and recurring operating costs and revenues over a 20-year period.

(20) A study of fiscal effects on other governmental entities/tax agreements, funded by the applicant, shall be prepared and submitted by a third-party consultant selected by mutual agreement between the city and the applicant. As applicable, the third-party consultant shall also prepare, at the applicant’s expense, proposed tax-sharing agreements.

(21) A written narrative addressing the proposal’s consistency with the approval criteria specified in CBDC 17.345.035.

(22) Land use amendment applications for comprehensive plan designation and related mapping and applicable policies and zoning map and text changes consistent with the requirements of Chapter 17.360 CBDC.

(23) Annexation agreement. Funded by the applicant, a draft annexation agreement shall be submitted noting potential fiscal impacts upon the city caused by the proposed annexation and how the fiscal impacts would be resolved. The draft agreement shall address, at a minimum, connection to and extension of public facilities and services. Connection to public facilities and services shall be at the discretion of the city, unless otherwise required by ORS. Where public facilities and services are available and can be extended, the applicant shall be required to do so. [Ord. 552 § 1 (Att. A), 2022].

In addition to the requirements of CBDC 17.130.110 the following are also required for annexation applications:

(1) Mailed Notice. Notice of the annexation application shall be mailed to:

(a) The applicant, property owner and active electors in the affected territory;

(b) Owners and occupants of properties located within 300 feet of the perimeter of the affected territory;

(c) Affected special districts and all other public utility providers; and

(d) Coos County planning department, and Coos County board of commissioners.

(2) Published Notice. Notice of the city council public hearing shall be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city

(3) Posted Notice. Notice of the city council public hearing shall be posted in four public places in the city for two successive weeks prior to the council public hearing. [Ord. 552 § 1 (Att. A), 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.342.030].

An annexation application may be approved only if the city council finds that the proposal conforms to the following criteria:

(1) The affected territory proposed to be annexed is within the city’s urban growth boundary, and is:

(a) Contiguous to the city limits; or

(b) Separated from the city only by a public right-of-way or a stream, lake or other body of water.

(2) The proposed annexation is consistent with applicable policies in the Coos Bay comprehensive plan.

(3) The proposed annexation will result in a boundary in which key services can be provided.

(4) Where applicable, fiscal impacts to the city have or can be mitigated through an annexation agreement or other mechanism approved by the city council.

(5) The proposed annexation has a positive or neutral fiscal impact to the city.

(6) The proposed annexation complies with existing comprehensive plan policies.

(7) The city has, or will have capacity with financial resources provided by the annexed area, services and infrastructure to accommodate future development of the annexation. [Ord. 552 § 1 (Att. A), 2022].

(1) The city council shall review the recommendation of the planning commission as specified in CBDC 17.130.110(3) specific to the requirements of this chapter. The planning commission shall make a recommendation to the city council, based on substantial evidence in the record, consideration of the requirements and criteria of this chapter and whether the proposed annexation is consistent with the comprehensive plan or that substantial changes in conditions have occurred which render the comprehensive plan inapplicable to the annexation. The council shall conduct a public hearing prior to adoption of an annexation ordinance, consistent with this title and applicable state law after review the planning commission recommendation and either affirm, alter, or remand the annexation proposal back to the planning commission consistent with ORS 220.111 through 220.183.

(2) Council action on the annexation shall be determined by ordinance concurrent with a resolution adopting an annexation agreement that includes but is not limited to a comprehensive plan designation and zoning of the annexed areas and annexation conditions noted in CBDC 17.345.025(22) and (23). [Ord. 552 § 1 (Att. A), 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.342.040].

The planning commission may recommend and the city council may impose special conditions necessary to mitigate potential social, environmental, and physical impacts resulting from the annexation and/or to facilitate the provision of public facilities and services. Council imposition of annexation conditions will be included in the annexation agreement between the city and applicant when the annexation is proposed by a property owner(s). [Ord. 552 § 1 (Att. A), 2022; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.050].

(1) The effective date of an approved annexation shall be set in accordance with ORS 222.040, 222.180 or 222.465.

(2) Filing of Approved Annexation.

(a) Not later than 10 working days after the passage of an ordinance approving an annexation, the city shall:

(i) Send by certified mail a notice to public utilities (as defined in ORS 757.005), electric cooperatives, and telecommunications carriers (as defined in ORS 133.721) operating within the city; and

(ii) Mail a notice of the annexation to the Secretary of State, Department of Revenue, Coos County clerk, Coos County assessor, affected districts, and owners and electors in the affected territory. The notice shall include:

(A) A copy of the ordinance approving the annexation;

(B) A legal description and map of the annexed territory;

(C) The findings; and

(D) Each site address to be annexed as recorded on Coos County assessment and taxation rolls. The notice to the Secretary of State will also include copies of the petitions signed by electors and/or owners of the affected territory as required in this section.

(b) If the effective date of an annexation is more than one year after the city council passes the ordinance approving it, the city shall mail a notice of the annexation to the Coos County clerk not sooner than 120 days and not later than 90 days prior to the effective date of the annexation. [Ord. 552 § 1 (Att. A), 2022].

Affected district – Each special district named in a petition that contains or would contain territory for which a boundary change is proposed or ordered. “Affected district” also means a district or districts, named in a petition, for which a boundary change is proposed or ordered.

Affected territory – Territory described in a petition. “Affected territory” also means an area within the urban growth boundary of a city that is otherwise eligible for annexation to a city where there exists an actual or alleged danger to public health as defined in ORS 222.

Annexation – The attachment or addition of territory to, or inclusion of territory in, an existing city or district.

Annexation agreement – A written agreement between the city and owners of land requesting annexation that states the terms, conditions and obligations of the parties to mitigate fiscal and service impacts to the city associated with the annexation and future development of the property. The agreement may be used to ensure annexation consistent with the comprehensive plan.

Boundary change – An action by the city council duly authorized by ORS 222 that results in the adjustment of the city limits or the boundary of a special district.

Contiguous – Territory that abuts the city limits at any point along the property’s exterior boundary or separated from the city limits by a public right-of-way or a stream, bay, lake, or other body of water.

Effective date of annexation – The effective date of the boundary changes as prescribed in ORS 222.040, 222.180, or 222.465.

Elector – An active registered voter at an address within the affected territory.

Filing – The submittal of materials to initiate a boundary change process.

Initiation methods – Any of the following descriptions of participants and documentation necessary for commencement of city annexation process:

(a) All of the owners of land in the territory proposed to be annexed, and not less than 50 percent of the electors, if any, residing in the territory proposed to be annexed, have consented in writing to the annexation and file a statement of their consent to annexation with the city;

(b) More than half of the owners of land in the territory proposed for annexation who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation and file a statement of their consent to annexation with the city;

(c) A majority of the electors registered in the territory proposed to be annexed and owners of more than half of the land in that territory consent in writing to the annexation and file a statement of their consent to annexation with the city.

Legal description – As defined in ORS 308.225(2), which states: the legal description of the boundary change shall consist of a series of courses in which the first course shall start at a point of beginning and the final course shall end at that point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners, and other monuments, or, in lieu of bearings and distances, be identified by reference to:

(a) Township, range, section, or section subdivision lines of the U.S. rectangular survey system.

(b) Survey centerline or right-of-way lines of public roads, streets or highways.

(c) Ordinary high water or ordinary low water of tidal lands.

(d) Right-of-way lines of railroads.

(e) Any line identified on the plat of any recorded subdivision defined in ORS 92.010.

(f) Donation land claims.

(g) Line of ordinary high water and line of ordinary low water of rivers and streams, as defined in ORS 274.005, or the thread of rivers and streams.

In lieu of the requirements of the above, boundary change areas conforming to areas of the U.S. rectangular survey may be described by township, section, quarter-section or quarter-quarter section, or if the areas conform to subdivision lots and blocks, may be described by lot and block description.

Notice – An ordinance, resolution, order, or other similar matter providing notice authorized or required to be published, posted, or mailed.

Owner – The legal owner of record according to the latest available Coos County tax assessment roll or, where there is an existing recorded land contract that is in force, the purchaser thereunder. If there is a multiple ownership in a parcel of land, each consenting owner is counted as a fraction to the same extent as the interest of the other owners and the same fraction is applied to the parcel’s land mass and assessed value for purposes of consent petition. If a corporation owns land in the affected territory, the corporation must be considered the individual owner of that land.

Petition – Any document such as signature sheets, resolutions, orders, or articles of incorporation, required for initiating an annexation, withdrawal, or provision of extraterritorial services. In the case of a petition initiated by property owners, the person signing on behalf of a corporation or business must provide evidence showing that person is authorized to sign legal documents for the firm.

Proposal – The set of documents required to initiate proceedings for a boundary change.

Special district – Any of the districts identified in ORS 198.

Urban growth boundary – A site-specific line, delineated on a map or by written description that separates urban and urbanizable land from rural lands, that is part of a comprehensive plan. [Ord. 552 § 1 (Att. A), 2022].

The purpose of the conditional use process is to allow desirable uses possessing unique or special characteristics that require conditions for the use to be successfully integrated into a particular zone. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018].

Applications for conditional use review or modification of a conditional use review are subject to the requirement for a pre-application consistent with CBDC 17.130.035, Pre-application review. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.010].

An application for a conditional use review shall submit the requisite fee and the information required in CBDC 17.130.040, Application contents for all application types, and other information the director determines necessary to review the application for consistency with the approval criteria.

(1) Review of a technically complete application for conditional use review and conditional use permit processing by the city is subject to either a Type II or a Type III threshold, contingent upon the development or use type and/or size. See CBDC 17.130.090, Type II procedure, and 17.130.100, Type III procedure.

(2) Review of a technically complete application for a minor modification, alteration, intensification or expansion of a previously approved conditional use review is subject to a Type II process consistent with CBDC 17.130.145. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.020].

(1) Criteria for Approval. The review authority will assess potential impacts of the proposal related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, and safety, and shall approve or approve with conditions an application for conditional use review if it finds the applicant has sustained the burden of proof for the following:

(a) The use is listed as a conditional use in the underlying district;

(b) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;

(c) The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the underlying district;

(d) The proposal satisfies the goals and policies of the city comprehensive plan which apply to the proposed use;

(e) There are adequate utilities, access roads, drainage, and other necessary improvements to allow the land use, or improvements;

(f) Negative impacts from the proposal can be mitigated by imposing reasonable conditions to reduce impacts.

(2) Conditions. The review authority may impose, in addition to regulations and standards expressly specified in this title, reasonable conditions of approval necessary to mitigate potential impacts. These conditions may include, but are not limited to, the following:

(a) Increased setbacks, lot size or yard dimensions;

(b) Additional design features necessary to mitigate impacts related to building mass, parking, access, traffic, noise, vibration, exhaust and emissions, light, glare, erosion, odor, dust, heat, fire hazards, visibility, safety, and aesthetic considerations such as, but not limited to, the potential conditions listed below, such as noise, vibration, air pollution, glare, odor and dust;

(c) Restrictions on the location, number and design of vehicular access points to the property;

(d) Requirements of CBMC Title 12, Streets, Sidewalks and Public Places, CBMC Title 13, Public Utilities and Services, CBMC Title 15, Buildings and Construction, and CBMC Title 18, Engineering Design Standards;

(e) Increases in right-of-way dedication for street capacity warranted by increases in traffic generated or in turning movements that can be attributed to the project;

(f) Restrictions on the hours, days, place and manner of operations;

(g) Additional requirements for drainage and surfacing of maneuvering, off-street parking and loading areas;

(h) Limits on the location and intensity of outdoor lighting;

(i) Requiring increased buffering between uses, including berming, screening, landscaping and/or fencing;

(j) Arrangement of buildings and use areas on the site;

(k) Other conditions substantiated by state or federal regulations; and

(l) Mitigations for adverse impacts as further specified in Chapter 17.325 CBDC, Mitigation of Adverse Impacts.

(3) Minor Modifications. The director may approve a minor modification, alteration or expansion of an approved conditional use pursuant to a Type II process if:

(a) The modification, alteration or expansion will result in less than a 20 percent cumulative enlargement or relocation of the structure, floor area, parking area or exterior improvement area, up to a total maximum of 5,000 square feet;

(b) The existing use is in compliance with the intent, use and all conditions of approval of the original review; and

(c) The proposed modification, alteration or expansion is not expressly prohibited by the zone or the conditional use review issued for the existing use.

(4) Revocation of a Conditional Use Permit. Revocation of an approved conditional use permit is subject to a Type II process. Revocation shall be initiated by the director and is subject to Chapter 17.130 CBDC. Revocation shall not be the exclusive remedy for violation. The director may revoke or amend a conditional use permit if the director finds one or more of the following:

(a) The conditional use is not being conducted consistent with the decision or conditions of approval authorizing the conditional use review or other applicable standards of this title;

(b) The applicant has failed to remedy the alleged violation within a reasonable time required by the director or within 60 calendar days after the city mails notice of such alleged violations to the operator of the conditional use or owner of the property, whichever is first;

(c) The conditional use has not been executed within 24 months of its authorization;

(d) The conditional use ceases to operate for a period of more than one year. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.040].

(1) An approved conditional use review is specific to the subject property and development proposal and cannot be transferred to another property.

(2) The review authority may limit the conditional use to a specific business or owner, if necessary, to help assure compliance with all conditions of the original conditional use approval; otherwise, a conditional use approval is for the use, not for the specific business, business name, or ownership which may change. However, all conditions of approval continue to apply.

(3) The review authority may limit the conditional use to a specific time frame and require periodic review of the authorized use.

(4) A conditional use approval is automatically revoked if the use is discontinued for a period of 24 months. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 506 § 1 (Exh. A), 2018; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.325.050].

The recognition, protection, enhancement, recovery, and adaptive use of cultural resources embodying Coos Bay’s historical heritage can improve civic identity and add cultural and educational enrichment. The purpose of the following regulations is to: identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses; promote the continued use of historic buildings without detrimentally affecting their significance; enhance the visual character of the city by encouraging the renovation of historic structures; foster public appreciation and a sense of community identity based on the beauty and heritage of the city; and protect and enhance the city’s attraction to residents, tourists, and visitors. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.010].

Any property identified as a cultural resource shall not be developed, altered, remodeled, relocated, or demolished if this activity will detrimentally affect the significance of the resource. Determination of a site’s significance and consideration of the proposed changes against the site’s cultural value shall be made in accordance with the provisions of this chapter. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.020].

(1) General. This section establishes the procedure to determine the site’s significance and to weigh potential conflicts between conservation and alteration or removal before approval of any such activity.

(2) Application. Prior to the issuance of any general or specific development permit, the property owner or authorized agent shall provide the department, as applicable:

(a) Property legal description.

(b) Plans or drawings showing the property and existing building dimensions and the character or details of the exterior, structural alterations (including additions), and, if a demolition is planned, the proposed use of the site.

(c) Statement explaining why the resource should or should not be preserved or protected. Supporting evidence from a qualified resource specialist is encouraged.

(d) If a demolition is proposed, a statement from the State Historic Preservation Office relating to the resource’s value and a structural survey by the building official.

(e) If an archaeological site will be disturbed, proof that the Coos, Siuslaw, and Lower Umpqua Tribal Council and the State Historic Preservation Office have been notified and given the opportunity to respond.

(3) Exception. A cultural resource permit shall not be required of a certified cultural resource if:

(a) The owner or agent has received a special assessment for historic properties from the State Historic Preservation Office; and

(b) The approval of special assessment includes a review of the proposed development, alteration, or remodel.

To be eligible for this exception, the owner or agent shall submit plans for the work and documentation that these plans have received state approval. If a development or building permit is issued for the work, the city shall assure that the work is completed in conformance with the state-approved plan. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.030].

The review authority shall consider designation, development, alteration, or demolition of a cultural resource with authorization of a land use permit. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.040].

The review authority shall approve, conditionally approve, or deny an application after adopting findings of fact based on substantial evidence in the record.

(1) Cultural Resource Value. The review authority must make findings to support at least one of the following conclusions:

(a) The resource exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, or architectural history; or

(b) The resource is identified with persons or events significant in local, state, or national history; or

(c) The resource is representative of the notable work of a builder, designer, or architect; or

(d) The resource embodies distinctive characteristics of a style, type, period, or method of construction or is valuable as an example of the use of indigenous materials or craftsmanship.

(2) Development, Alteration, or Relocation of a Structure. The review authority must make findings to support the conclusion that the proposal is compatible with the character and value of the resource. Applicable criteria include:

(a) Building coverage and height;

(b) Yards;

(c) Predominant architectural features and fixtures, appurtenances, or detailing;

(d) Building materials; and

(e) Visual characteristics, such as paint color and surface texture, grading, surface paving, and landscaping.

(3) Demolition of a Structure or Disturbance of an Archaeological Resource. Prior to issuance of a permit to demolish a structure or disturb a resource, the review authority must make findings to support all of the following conclusions:

(a) All feasible and prudent alternatives to the proposed activity have been explored;

(b) Whether it is feasible to maintain or preserve the resource; and

(c) The proposed use is compatible with the zoning and current use of the land and its immediate surroundings. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.050].

If a demolition or disturbance to an historic or archaeological site is proposed, the review authority may impose a waiting period up to 120 days to enable the applicant to seek other alternatives. If the demolition of a structure is proposed, the alternatives shall include but not be limited to:

(1) Public or private acquisition and restoration;

(2) Sale of the premises to a party capable of maintaining, restoring, or relocating the resource; and

(3) Salvage of Significant Features. If a disturbance to an archaeological site is proposed, or a previously unknown or unrecorded archaeological site is encountered during the development, the alternatives shall include but not be limited to:

(a) Clustering development to avoid disturbing the resource;

(b) Designing the development so that the sensitive resource area is used for non-impacting activities, such as storage, parking, or open space;

(c) If permitted pursuant to the requirements of state law, contracting with a qualified archaeologist to excavate the site and remove any cultural objects and human remains, reinterring the human remains in accordance with the wishes of Tribal Council; and

(d) Using civic means to ensure adequate protection of the resources such as acquisition of easements, public dedications, or transfer of title.

(4) At the end of the waiting period, the review authority shall reconsider evidence that alternatives were pursued in good faith and shall evaluate this information against the decision criteria in CBDC 17.349.050. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.060].

The review authority may impose other conditions deemed to be necessary to ensure the value of the resource will be protected. These conditions shall be stated in terms that are specific and measurable so the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished.

(1) These conditions may include those specified in Chapter 17.347 CBDC, Conditional Uses.

(2) File a pictorial or graphic record of the structure with the department prior to alteration or demolition. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.070].

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or removal of any feature if the building official certifies to the commission that the action is required for public safety by CBMC Title 15. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.080].

Uses and activities permitted by the Coos Bay estuary management plan are subject to general and special conditions and policies to comply with statewide planning goals and with the Coos Bay estuary management plan as adopted by the city of Coos Bay. Compliance with these conditions and policies must be verified; therefore, all uses and activities within designated Coos Bay estuary management plan management units must be reviewed for compliance with the adopted plan. [Ord. 573 § 1, 2024].

Areas within the city which are within the Coos Bay estuary and shorelands boundary shall be classified in management units based on the designation of such areas as aquatic and shoreland within the Coos Bay estuary management plan. A management unit is a discrete geographic area, defined by biophysical characteristics and features within which particular uses and activities are promoted, encouraged, protected, or enhanced and others are discouraged, restricted, or prohibited. The following is a list of management units:

(1) Aquatic management units include:

(a) Natural Aquatic (NA);

(b) Conservation Aquatic (CA);

(c) Development Aquatic (DA).

(2) Shoreland management units include:

(a) Natural Shorelands (NS);

(b) Conservation Shorelands (CS);

(c) Rural Shorelands (RS);

(d) Urban Development (UD);

(e) Urban Water-Dependent (UW);

(f) Development Shorelands (D);

(g) Water-Dependent Development Shorelands (WD). [Ord. 573 § 1, 2024].

Management units shall overlap with the use zones designated in this title, and where consistent the uses and restrictions of both zones shall apply to such areas. In all areas where the zoning designations, regulations, and restrictions contained in this title and the Coos Bay estuary management plan are inconsistent or conflicting, the regulations and restrictions of the Coos Bay estuary management plan shall control. [Ord. 573 § 1, 2024].

(1) Review of a technically complete application for estuarine and coastal shoreland uses and activities permit is subject to a Type I procedure. See CBDC 17.130.080.

(2) Applications shall include:

(a) All contents as specified in CBDC 17.130.040.

(b) A statement explaining how the proposed use and/or activity complies with applicable management unit objectives, general and special conditions, and bay-wide policies of the Coos Bay estuary management plan. [Ord. 573 § 1, 2024].

(1) Criteria for Approval. The applicable management unit objectives, general and special conditions, and bay-wide policies of the Coos Bay estuary management plan.

(a) Uses and activities designated in the plan as “A” may be allowed subject to compliance with management objectives and general conditions.

(b) Uses and activities designated in the plan as “*” may be allowed subject to compliance with management objectives, general conditions, and any special conditions provided in the plan for such use.

(c) Uses or activities which are not described in the Coos Bay estuary management plan but are found to be similar with other allowed uses may be permitted by the director subject to such conditions and limitations as would ensure compatibility with the resources. [Ord. 573 § 1, 2024].

(1) Purpose and Summary.

(a) The purpose of this section is to provide a process and criteria for determining whether parcels are lots of record consistent with applicable state and local law, and to include a list of potential remedial measures available to owners of property which do not meet the criteria.

(b) In summary, parcels are lots of record if they were in compliance with applicable laws regarding zoning and platting at the time of their creation. Zoning laws pertain primarily to the minimum lot size and dimensions of the property. Platting laws pertain primarily to the review process used in the creation of the lots. Specific provisions are listed herein.

(2) Applicability. The standards of this section apply to all requests for individual lot determinations applications or as a part of an application packet being submitted by the applicant.

(3) Determination Process. Lot of record status may be formally determined through the following ways:

(a) Lot Determinations as Part of a Building Permit or Other Development Request. Building or other development applications for new principal structures on parcels which are not part of a platted land division shall be reviewed by the city for compliance with the criteria standards of this section, according to the timelines and procedure of the building permit or other applicable review involved. Lot determination fees pursuant to the Coos Bay fee schedule shall be assessed, unless the parcel was recognized through a previous lot determination or other review in which such recognition was made. Lot determination fees will be assessed for placement or replacement of primary structures. A separate written approval will not be issued unless requested by the applicant.

(b) Lot Determination Requests Submitted without Other Development Review. Requests for determinations of lot of record status not involving any other city development reviews shall submit an application for lot determination. The city shall use a Type I process, CBDC 17.130.080. The city will issue a letter of determination in response to all such requests.

(4) Application and Submittal Requirements. The following shall be submitted with all applications for lot determination, or applications for other development review in which a lot determination is involved. Applicants are encouraged to submit material as necessary to demonstrate compliance with this section.

(a) Prior city/county partition, subdivision, lot determination or other written approvals, if any, in which the parcel was formally created or determined to be a lot of record;

(b) Sales or transfer deed history;

(c) Prior segregation request, if any;

(d) Prior recorded survey, if any; and

(e) At the discretion of the applicant, any other information demonstrating compliance with criteria of this section.

(5) Approval Criteria.

(a) For a parcel to be deemed a legal lot of record one of the following must apply:

(i) A lot must have been created through the legal zoning requirements at the time of its creation; or

(ii) The lot was created prior to zoning requirements being placed on the property approved subdivision or partition.

NOTE: Assessment tax lines do not by themselves create legal lots for development. They only provide for the orderly collection of taxes.

(b) Public Interest Exception, Discretionary. The responsible official may, but is not obligated to, determine that parcels meeting the following criteria are lots of record:

(i) Zoning. The parcel lacks sufficient area or dimension to meet current zoning requirements but meets minimum zoning dimensional requirements, including lot size, dimensions and frontage width, in effect at the time the parcel was created; and

(ii) Platting.

(A) The responsible official determines that conditions of approval which would have been imposed if the parcel had been established through platting under current standards are already present on the land; or

(B) The property owner completes conditions of approval which the responsible official determines would otherwise be imposed if the parcel had been established through platting under current standards. Preliminary and final submittal plans shall be required where applicable.

(iii) The responsible official shall apply the following factors in making a lot of record determination under the discretionary public interest exception:

(A) The parcel size is generally consistent with surrounding lots of record within 1,000 feet;

(B) Recognition of the parcel does not adversely impact public health or safety;

(C) Recognition of the parcel does not adversely affect or interfere with the implementation of the comprehensive plan; and

(D) Recognition of lot of record status based on the public interest exception shall be valid for five years from the date of lot determination or review in which the determination was made. If a building or other development permit is not sought within that time, the determination will expire. Applications for development or lot recognition submitted after five years shall require compliance with applicable standards at that time.

(c) As an alternative to city staff reviewing the above required materials, the applicant may elect to submit the application page, applicable fee(s), required drawings, and a signed stamped letter from a licensed surveyor stating the lot is a legal lot meeting the requirements in this section.

(6) De Minimis Lot Size Standard. For the purposes of reviewing the status of preexisting lots for compliance with platting and zoning standards, parcels within one percent of minimum lot size requirements shall be considered in compliance with those standards. Parcels within 10 percent of lot size standards shall be similarly considered in compliance unless the department determines that public health or safety impacts are present. The planning commission shall review appeals of this chapter. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.350.010].

The purpose of this chapter is to implement the policies of the applicable state statutes and the city of Coos Bay comprehensive plan. The regulations contained herein are intended to: promote the effective use of land and infrastructure; address the housing needs of the city; prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies and standards, including the provisions of the development code; and provide for the efficient processing of partition applications without undue delay. A partition application shall be processed when no more than three parcels are created from the original unit of land. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.005].

(1) Technically complete review of a partition application is subject to CBDC 17.130.050.

(2) A technically complete application for a preliminary partition shall be subject to a Type II process.

(3) Appeal and post-decision review of decisions regarding partitions are permitted as provided in CBDC 17.130.090(4) and (5), respectively. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.020].

An applicant for a preliminary partition shall submit the requisite fee, a completed application review form provided for that purpose by the city, and three paper copies and one electronic copy of the following information:

(1) Partition name (if any).

(2) Contact information including the name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the partition.

(3) A preliminary partition at a scale of no more than one inch equals 100 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way and structures on the site, 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. The partition shall show the dimensions and areas of all proposed lots, tracts and dedications. The partition shall show the distance from proposed lot lines to the nearest existing structures on the site unless those structures will be removed.

(4) Proposed dedications of title, easements or other interests to the city or other agency, if applicable.

(5) Written authorization to file the application signed by the owner of the property that is the subject of the application, if the applicant is not the same as the owner as listed by the Coos County assessor.

(6) Proof of ownership document, such as copies of deeds and/or a policy or satisfactory commitment for title insurance.

(7) A legal description of the property proposed to be divided.

(8) If a partition contains large lots which at some future time could be re-subdivided, the application shall include a master plan of all land under common ownership. At a minimum, this plan shall show the extension and opening of streets at intervals which will permit a subsequent division of each divisible parcel into lots of smaller size.

(9) A copy of the pre-application conference summary, and a description of information submitted in response to the issues, comments and concerns in the summary.

(10) A written description of how the proposed preliminary partition does or can comply with each applicable approval criterion for the preliminary partition, and basic facts and other substantial evidence that supports the description.

(11) An application for partition shall include all other applications necessary to approve the proposed partition, including but not limited to applications for exceptions, adjustments or variances to dimensional requirements of the base or overlay zones or for modifications to road standards.

(12) If applicable, preliminary grading, erosion control and drainage plans, which may be a single plan, consistent with applicable provisions.

(13) Evidence that the applicant can provide potable water to each lot from a public water system, and that each lot will be connected to public sewer. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.030].

The review authority shall approve a preliminary partition if he or she finds:

(1) The applicant has sustained the burden of proving that the application complies with the applicable sections of this title to the extent relevant;

(2) That the application will comply with all applicable regulations by satisfying all adopted conditions of approval; or that necessary adjustments, exceptions, modifications or variations have been approved or are required to be approved before the final partition is approved; and

(3) The application makes appropriate provision for potable water supplies and for disposal of sanitary wastes. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.040].

A decision approving a preliminary partition expires three years from the effective date of approval and can be extended as provided in CBDC 17.130.140. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.050].

(1) The boundaries of the comprehensive plan map designations and the comprehensive plan text may be amended as provided in CBDC 17.360.020.

(2) The city may amend its comprehensive plan and/or plan map. The approval body shall consider the cumulative effects of the proposed comprehensive plan and/or map amendments on other zoning districts and uses within the general area. Cumulative effects include sufficiency of capital facilities services, transportation, zone and location compatibility, and other issues related to public health and safety and welfare the decision-making body determines to be relevant to the proposed amendment. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.010].

The boundaries of the zoning districts established on maps by this title, the classification of uses therein, or other provisions of the title may be amended as provided in CBDC 17.360.020. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.015].

(1) Amendments of the comprehensive plan text or map, zoning map, or this title may be initiated by the city council, the planning commission, the director, or by application of a property owner or their authorized agent by following:

(a) Quasi-Judicial Process. Subject to a Type III land use procedure. See CBDC 17.130.100.

(b) Legislative Process. Subject to a Type IV land use procedure. See CBDC 17.130.110.

(2) Amendments to the text or map of the Coos Bay Estuary Management Plan shall be processed by Coos County. [Ord. 573 § 2, 2024; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.020].

(1) An application for a Type III or Type IV review is subject to pre-application review under CBDC 17.130.035, Pre-application review.

(2) An applicant for pre-application review for a plan map amendment or zone change shall submit the requisite fee and three paper copies and one electronic copy of the following information except as otherwise provided by the city:

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

(b) The name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the application;

(c) A preliminary plan at a scale of no more than one inch equals 200 feet, with north arrow, date, graphic scale and information relevant to the plan map amendment and/or zone change, such as existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering and structures 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. The applicant shall provide one copy of the plan reduced to fit on an eight-and-one-half-inch-by-11-inch page. Principal features of the plan shall be dimensioned; and

(d) A written summary of the proposed plan map amendment and/or zone change and facts and evidence based on which the application(s) can be approved. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.030].

(1) An amendment application shall include the requisite fee and three paper copies and one electronic copy of the applicable information required by CBDC 17.130.050(2), Technically Complete Status.

(2) A technically complete application shall contain:

(a) A map of the proposed amendment, if applicable;

(b) The complete proposed text amendment, if applicable;

(c) A narrative describing the potential effects the proposal will have on public services, including streets, schools, parks and utilities, to the extent applicable;

(d) An analysis of the potential cumulative effects of the proposal;

(e) Materials required under CBDC 17.130.050(2); and

(f) Other materials the director deems necessary. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.040].

(1) With a Type IV review, the city council shall approve the proposal upon finding that:

(a) The proposed amendment is consistent with the applicable policies of the comprehensive plan or that a significant change in circumstances requires an amendment to the plan or map;

(b) The proposed amendment is in the public interest;

(c) Approval of the amendment will not result in a decrease in the level of service for capital facilities and services;

(d) The proposed amendment is consistent with the city of Coos Bay’s planned transportation system as described within the transportation system plan;

(e) The proposed amendment is consistent with the adopted transportation system plan and would facilitate the planned function, capacity, and performance standards of the impacted facility or facilities; and

(f) The proposed amendment shall be consistent with the OAR 660-012-0060 requirements. Where it is found that a proposed amendment would have a significant effect on a transportation facility in consultation with the applicable roadway authority, the city shall work with the roadway authority and applicant to modify the amendment request or mitigate the impacts in accordance with the TPR and applicable law. [Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.060].

A decision approving or conditionally approving a Type III request enacted by ordinance, other than a concomitant rezone, does not expire. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.070].

(1) Rezone Agreements.

(a) The purpose of this subsection is to allow for the implementation of the comprehensive plan policies relating to future commercial centers and industrial developments, as appropriate and consistent with the Coos Bay comprehensive plan and Coos Bay capital improvement plan. If, from the facts presented, and the findings, report and recommendations of the planning commission as required by this section thereof, the city council determines that the public health, safety and general welfare will be best served by a proposed change of zone, the city council may indicate its general approval, in principle, of the proposed rezoning by the adoption of a “resolution of intent to rezone” the area involved. This resolution shall include any conditions, stipulations or limitations which the city council may feel necessary to require in the public interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant, shall make such a resolution a binding commitment on the city council. Such a resolution shall not be used to justify spot zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning, or by imposing setback, area or lot coverage restrictions not specified in the code for the zoning classification, or as a substitute for a variance.

Upon completion of compliance action by the applicant, the city council shall, by ordinance, effect such rezoning. The failure of the applicant to meet any or all conditions, stipulations or limitations contained in the resolution, including the time limit placed in the resolution, shall render the resolution of intent to rezone null and void, unless an extension is granted by the city council upon recommendation of the planning commission. Generally, the time limitation shall be one year. The city council may grant one one-year extension, after which the resolution shall be null and void if all conditions, stipulations and limitations have not been met by the applicant.

(b) Concomitant Rezone Agreements.

(i) Purpose. The purpose of this subsection is to explicitly provide for the use of agreements concomitant to rezone approvals. The agreement may call for performance by the applicant which is directly related to public needs which may be expected to result from the proposed usage of the property. The performance called for will mitigate the public burden in meeting those resulting needs by placing it more directly on the party whose property use will give rise to such needs. The agreement shall generally be in the form of a covenant running with the land. The provisions of the agreement shall be in addition to all other pertinent CBDC requirements.

(ii) Applicability. This agreement process will not generally be used for rezones to residential zoning districts. It may, however, be used in any situation where extraordinary potential adverse impacts from a proposed rezone may be neutralized by the agreement. The agreement process may be employed for rezones in sensitive geographic areas or areas such as critical transportation corridors. The agreement process will generally be used for rezones to commercial, industrial, and non-single-family residential not specifically identified by the comprehensive plan map. The intent is that concomitant rezone agreements shall only be used when normal review and approval procedures are not adequate to resolve the specific issues involved in the rezone proposal.

(iii) Mitigating Measures. The agreement may include mitigating measures, such as:

(A) Access control;

(B) Landscaping, screening, buffering;

(C) Improvements to public services, including drainage, sewer, water and roads;

(D) Lot coverage, dimension; and

(E) Phasing of development.

(iv) Concept Plan. A concept plan may be required. When required, the concept plan shall be drawn to a one-inch-to-100-foot scale and include:

(A) General location of structures;

(B) Location and number of access points;

(C) Approximate gross floor area of structures;

(D) Name of the proposal;

(E) Identification of areas requiring special treatment due to their sensitive nature;

(F) North directional arrow; and

(G) Names and location of all public streets or roads bordering the site.

(v) Application Procedure. The applicant may propose an agreement concomitant to rezone approval at the time of, or after, a pre-application conference with the director.

The proposed agreement shall include any proposed mitigating measures and concept plan as provided for by this chapter. In cases where a specific project is to be considered in conjunction with a rezone request, the responsible review authority shall review the site plan.

(vi) Modifications. Modifications which are minor and without major impact may be approved by the director or his/her duly authorized representative, administratively and without public hearing. Any other modifications shall only be approved after the same procedure applicable to all rezones has been followed, including a public hearing.

(vii) Enforcement. The agreement shall provide for appropriate enforcement mechanisms and performance guarantees.

(2) Release of Concomitant Rezone Agreements.

(a) Upon petition by the property owner, a concomitant rezone covenant may be fully or partially released, or modified, by the city council following a public hearing with notice as prescribed by CBDC 17.130.110(3)(a), Notice of Hearing, 17.130.060, Distribution of notices, and in accordance with the criteria set forth in this section.

(b) In considering requests for release or modification of concomitant rezone covenants, the review authority shall consider the following:

(i) In the case of full covenant release, whether development of the site would be consistent with current zoning regulations and comprehensive plan recommendations; and

(ii) In the case of either full or partial covenant release or covenant modification, whether adequate public/private services are available to support development of the site; and

(iii) In the case of either full or partial covenant release or covenant modification, whether the requested action would unreasonably impact development undertaken on nearby properties in reliance upon the covenant commitments; and

(iv) In the case of partial covenant release or covenant modifications, whether future development under current zoning will be consistent with existing and planned development. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.215.080].

The subdivision planned unit development (PUD) process is established to encourage the development of single or multiple tracts of land as one project. An approved PUD may deviate from specific site standards as long as the PUD substantially complies with general purposes of the applicable standards of this title. The PUD approach is appropriate if it maintains compatibility with surrounding areas and creates an attractive, healthful, efficient, and stable environment. It is the intent of the PUD process to: achieve a more efficient use of land through shared facilities and services, thereby economizing on development costs; afford innovative design opportunities rather than the conventional lot-and-block land use so that a developer gains freedom in the placement and uses of buildings and open space, and in the design of facilities and traffic circulation systems; maximize development potential of building sites constrained by special features such as topography, shape, or size while minimizing the potential for hazardous conditions; and provide substantial active and passive open space and trail systems for use of nearby residents. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.010].

(1) An applicant for a preliminary partition shall submit the materials required of CBDC 17.130.040 and 17.130.050 and the subdivision requirements of CBDC 17.367.030, Preliminary plat application contents.

(2) Applicant use of the services of an Oregon licensed land surveyor, or architect civil engineer, or landscape architect, is required to prepare the project design and application for a subdivision of four acres or less. For areas exceeding four acres, a professional design team comprised of at least a licensed Oregon architect, civil engineer, land surveyor and a landscape architect is required. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.020].

The review authority shall evaluate a preliminary PUD against the approval in CBDC 17.367.040, Approval criteria for a preliminary plat, and the requirements of this chapter. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.030].

(1) Permitted Uses. With a PUD, the city may allow any permitted or conditional use with a conditional use permit in addition to the PUD in any zone of the city as a part of the land use permitting process.

(2) Density. Dwelling unit densities for subdivisions and residential non-subdivision development projects may exceed the allowed density of the zoning district but remain in compliance with the CBCP. The difference between the expanded density and the permitted density in the underlying zone shall be designed, sized and developed for affordability to individuals and families within 50 percent of the Coos Bay median income.

(3) Open Space and Public Access for Recreation. For subdivisions and commercial projects on more than five acres, open space and public access easements for use as recreation areas and/or open space on slopes less than 20 percent or over 40 percent of the total gross project area is required. The preservation and continued maintenance of property commonly owned and/or held for common use shall be guaranteed by a restrictive covenant running with the land specifying the description of the area, its designated purpose(s), and maintenance assurances. Copies of these legal documents shall be filed with the community development department before occupancy of any development or dwelling.

(4) Protection of Natural Features. Significant natural features shall be preserved and/or enhanced consistent with state of Oregon requirements. These include significant on-site vegetation, native plant communities, documented habitat, prominent topographic features such as ridgelines and rock outcrops and wetlands.

(5) Tree Installation. Introduction of 24-inch box trees at every 25 feet of property frontage that, upon full growth, fulfill a screening function, provide relief from glare, shade expansive areas of pavement, provide a buffer between potentially incompatible land uses and contribute to the project aesthetic.

(6) Energy Savings. Solar or another energy alternative shall be included in the subdivision.

(7) Access and Roads. The development shall provide private vehicular and pedestrian access from a dedicated and improved street. Private streets within the development shall meet the following minimum paving standards:

(a) Eighteen feet where no on-street parking is allowed.

(b) Twenty-eight feet where on-street parking is allowed only on one side of the right-of-way.

(c) Thirty-six feet where parking is permitted on both sides of the right-of-way.

(d) All private streets within a PUD shall be designed and constructed to city standards.

(e) An additional three feet on each side of pavement shall be designated as right-of-way area in which no construction shall take place.

(f) The review authority shall approve the names of all streets within the PUD. The owner or operator of the development shall furnish, install, and maintain street signs of a type approved by the review authority.

(8) Fire Protection. The PUD shall provide on-site fire protection facilities in accordance with current regulations and requirements of the city applicable to the development.

(9) Lighting. All lighting within the PUD shall comply with the requirements of CBDC 17.335.040; roads within subdivisions shall be lighted at night to provide a minimum of 0.35 foot-candles of illumination.

(10) Off-Street Parking and Loading. The provisions of Chapter 17.330 CBDC shall apply.

(11) Signs. The provisions of Chapter 17.333 CBDC shall apply. [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. Formerly 17.317.040].

A PUD is subject to CBDC 17.367.050, Expiration and extension of preliminary plat approval. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.050].

A subdivision approved as a PUD is subject to CBDC 17.367.060, Construction prior to final plat approval – Bonds. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.060].

A subdivision approved as a PUD is subject to CBDC 17.367.070, Improvement plans. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.317.070].

The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat.

(1) Replats serve to vacate the platted lots, parcels or easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

(2) A replat shall not serve to vacate any dedicated public street or road. The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

(3) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified consistent with CBDC 17.130.090(2), Notice of Application, or CBDC 17.130.100(2), Notice of Application, as applicable. Any utility company that desires to maintain an easement subject to vacation must notify the governing body in writing within 14 days of the mailing or other service of the notice.

(4) If the proposed action replats all of an undeveloped subdivision, a hearing before the review authority is required to determine whether the undeveloped subdivision should be revised and the subdivision replatted or vacated and all lands within the subdivision that have been dedicated for public use vacated. The director shall notify each owner of record of lands described in the plat under review not later than 30 days before the date of the hearing in conformance with CBDC 17.130.100(3)(a), Notice of Hearing.

A subdivision is considered to be “developed” if any of the following apply:

(a) Roadways providing access into and travel within the subdivision have been or are being constructed to meet specifications approved by the city;

(b) Facilities to provide water or sewer to the lots created by the subdivision have been or are being constructed;

(c) Buildings have been or are being constructed or permits have been issued for the construction of buildings upon the land; and

(d) One or more lots described in the plat of the subdivision have been sold or otherwise transferred prior to the date of this review.

(5) Any plat or portion thereof may be replatted upon receiving an application signed by all the owners as appearing on the deed. All applications for a replat shall be processed in accordance with the procedures and standards for a partition, Chapter 17.359 CBDC, or a subdivision, Chapter 17.367 CBDC. The replat must comply with all applicable ordinances and regulations of the city. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.322.010].

A property line adjustment means the relocation or elimination of a common property line between abutting properties where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with this title.

The director shall determine whether a property line adjustment is reviewed as a Type I or Type II review or is referred to the planning commission.

(1) Application. Prior to filing an application, the department shall meet with the prospective applicant. If multiple property line adjustments are proposed, a replat or partial replat of the subdivision may be required.

(a) The application form must be signed by the owner(s) of record of the real property addressed in the application and the appropriate fee paid. An application form may also be signed by the duly authorized representative of the owner of record.

(b) A site plan, drawn to scale, shall include the following information:

(i) The existing and proposed property boundaries and dimensions;

(ii) The footprint of existing structures on the affected properties along with the dimensions, uses, and number of stories for each structure;

(iii) Location and dimensions of driveways and public and private streets within or abutting the subject properties;

(iv) Location and purpose of easements, if applicable; and

(v) A copy of the deed for the properties involved and any covenants, conditions, and restrictions applicable to the subject property.

(c) Repealed by Ord. 503.

(d) A property line adjustment shall not be in violation of any applicable city or state regulations.

(2) Survey Required. An adjusted property line created by the relocation of a common boundary must be surveyed in accordance with ORS 92.060. This requirement does not apply for the following:

(a) Property transferred by a public agency or public body or excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the city. The applicant shall record an amended deed with Coos County.

(b) When the adjusted lots or parcels are each greater than 10 acres.

(3) Multiple Line Adjustments. When a series of property line adjustments are proposed, each of the property line adjustments must be approved separately and implemented (deed recorded) before proceeding to seek approval for any additional property line adjustment needed to achieve the desired configuration.

(4) Deed. Upon approval of a property line adjustment, a property line adjustment deed must be recorded. A copy of the deed must be provided to the department. At a minimum, the property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents, the survey reference number and signatures of all parties with proper acknowledgment. If the deed is not filed and a copy provided to the department within six months of approval, the decision of the department shall be null and void. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.322.020].

The purpose of a cluster development is to provide an alternative to conventional lot and block residential design. Cluster development can be used to preserve and enhance open space and natural amenities, maximize the use of land with severe topographical constraints, and to provide solar and wind access, maximize site density, encourage community open space, and complement and protect natural resources. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Contiguous Parcels or Lots. The land area of the cluster development shall be composed of contiguous parcels or lots.

(2) Deviation from underlying development standards and residential land uses is permitted, except for landscaping requirements, parking requirements and density specifications. Deviation from the development standards in the underlying zoning district may be considered by the review authority without a requirement for an adjustment review. However, no deviation is permitted from CBMC Title 15 criteria and/or state of Oregon standards related to development of environmentally sensitive or hazardous areas.

(3) Unless approved through a PUD application process, groupings of no fewer than four and no greater than five detached or attached dwelling units are allowed.

(4) As determined by the review authority, appropriate transition to surrounding properties including, but not limited to, anticipated building locations, bulk, and height is required.

(5) A common courtyard or open space area throughout the project equaling a minimum of 500 square feet of open space for each cottage cluster unit is required. Each cottage cluster development shall include a minimum of 2,000 square feet of open space regardless of the number of cottages in the cluster. Open space areas shall maintain open space around natural features, such as steep slopes, wooded areas, and natural waterways or wetlands where those exist, or create common open space with amenities for community activities for residents such as picnic areas, playgrounds, sports features, or gardens.

(6) Parking is required as specified in Chapter 17.330 CBDC.

(7) Architectural screening at least three feet tall shall separate parking areas from the common area and public streets. Solid fencing (e.g., board, cinder block) shall not be allowed as an architectural screen.

(8) CBDC 17.335.120, Multi-unit development standards, apply to cottage cluster projects.

(9) Cottage cluster subdivisions shall be consistent with the requirements of CBDC 17.367.040. [Ord. 541 § 6 (Exh. 1), 2021].

A cluster cottage proposal is subject to the pre-application review requirements of Chapter 17.130 CBDC. A cluster subdivision is also subject to pre-application review required in CBDC 17.367.010(2). [Ord. 541 § 6 (Exh. 1), 2021].

The review process for a cottage cluster project is identified in CBDC 17.130.020(4)(b) or (4)(c), and is determined based on the project size. The review process for a subdivision cottage cluster project is also subject to review process requirements of CBDC 17.367.020. Applications for cottage cluster projects and/or subdivisions shall include applicant use of the services of a licensed architect to prepare the project design and application for four acres or less. For areas of more than four acres, required is applicant use of a professional design team comprised of an architect, civil engineer or land surveyor and a landscape architect or planner. [Ord. 541 § 6 (Exh. 1), 2021].

A cottage cluster subdivision is subject to the expiration and extension of preliminary plat approval directives of CBDC 17.367.050. [Ord. 541 § 6 (Exh. 1), 2021].

A cottage cluster subdivision is subject to the requirements of CBDC 17.367.060. [Ord. 541 § 6 (Exh. 1), 2021].

Improvement plans shall be submitted to the director designed by or under the direct supervision of a licensed engineer where required by statute. The engineer shall certify same by seal and signature. All improvement plans shall comply with the provisions of city ordinances pertaining to streets, roads and utilities, and any other applicable city ordinances. If the cottage cluster project includes a subdivision, in addition to the above, certification shall contain the following:

(1) Subdivision name;

(2) Name, mailing address, and telephone number of the engineer preparing the plan; and

(3) Date (month and year). [Ord. 541 § 6 (Exh. 1), 2021].

The purpose of this chapter is to implement the policies of the applicable state statutes and the city of Coos Bay comprehensive plan. The regulations contained herein are intended to: promote the effective use of land and infrastructure; make adequate provision for the housing needs of the city; prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies and standards, including the provisions of this title; and provide for the efficient processing of subdivision applications without undue delay. A subdivision application shall be processed when subdividing into greater than three lots. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.005].

(1) A subdivision is subject to pre-application review.

(2) An applicant for pre-application review of a subdivision shall submit all information required under CBDC 17.130.040 and the following information:

(a) Subdivision name.

(b) The date that the application was prepared.

(c) The approximate acreage of the site and of each proposed lot and tract.

(d) Comprehensive plan and zoning designations for the site.

(e) Existing and proposed land uses and structures on the site, and the proposed disposition of existing uses and structures.

(f) A description of land title to or easements over which the applicant proposes to dedicate to the city and the purpose for such, if applicable.

(g) A proposed preliminary subdivision plat at a scale of no more than one inch equals 100 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way and structures on the site, 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. The plat shall show the dimensions and areas of all proposed lots, tracts and dedications. The plat shall show the distance from proposed property lines to the nearest existing structures on the site unless those structures will be removed.

(h) Any other items or details the applicant believes would assist the staff in its review, such as proposed stormwater plans, proposed utilities and their availability, geotechnical, wetland or other critical areas on or abutting the site, and a traffic impact study. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.010].

(1) Technically complete review of a plat application is subject to a Type I process. See CBDC 17.130.080, Type I procedure.

(2) After a subdivision application is deemed to be technically complete, the review of the application for a preliminary plat approval is, based on size and scope, subject to either Type II criteria specified in CBDC 17.130.020(4)(b) with the procedure specified in CBDC 17.130.090 or Type III criteria specified in CBDC 17.130.020(4)(c) with the procedure specified in CBDC 17.130.100. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.020].

An applicant for a preliminary plat shall submit the requisite fee, a completed application review form provided for that purpose by the city, and three paper copies and one electronic copy of the following information:

(1) Written authorization to file the application signed by the owner of the property that is the subject of the application, if the applicant is not the same as the owner as listed by the Coos County assessor. The application shall include all contiguous property under the same ownership or development control, and shall be signed by the owner of the property.

(2) Proof of ownership document, such as copies of deeds and/or a policy or satisfactory commitment for title insurance.

(3) A legal description of the property proposed to be divided.

(4) A copy of the pre-application conference summary, if the application was subject to pre-application review, and all information required to address issues, comments and concerns in the summary.

(5) A written description of how the proposed preliminary plat does or can comply with each applicable approval criterion for the preliminary plat, and basic facts and other substantial evidence that supports the description.

(6) Applications necessarily associated with the preliminary plat, such as applications for exceptions, adjustments or variances to dimensional requirements of the base or overlay zones or for modifications to the adopted Coos Bay road standards that are required to approve the preliminary plat application as proposed.

(7) Evidence that potable water will be provided to each lot from a public water system, and that each lot will be connected to public sewer.

(8) A plan showing proposed phasing if the applicant proposes to develop the subdivision in phases. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.030].

(1) The review authority shall approve a preliminary plat if he or she finds:

(a) The applicant has sustained the burden of proving that the application complies with the applicable provisions of this title and Chapter 18.15 CBMC, Transportation Facilities;

(b) The application will comply with all applicable regulations by satisfying all adopted conditions of approval; or that necessary adjustments, exceptions, modifications or variations have been approved or are required to be approved before the final partition is approved; and

(c) The subdivision makes appropriate provision for potable water supplies and for disposal of sanitary wastes.

(2) If phases are proposed, the subdivision shall comply with the following:

(a) The plat identifies the boundaries of each phase and sequence of phases;

(b) Each phase includes any open space and other required public and/or private infrastructure;

(c) The sequence and timing of phases complies with applicable standards throughout the development of the subdivision; and

(d) The applicant completes or assures completion of public improvements consistent with CBDC 17.367.070, Improvement plans.

(3) Flag lots are discouraged. When allowed, flag lots shall comply with the following standards:

(a) The flag pole shall provide an all-weather surface with an unobstructed vertical clearance of at least 13 feet, six inches. The improved surface shall be at least 16 feet wide or as otherwise required by the fire chief.

(b) For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district.

(c) If the length of the flagpole is more than 150 feet, the applicant shall provide a turnaround at the end of the driveway in conformance with the current adopted edition of the Oregon Fire Code, and structures on the lot shall incorporate a fire-hazard warning, including a hard-wired, back-up smoke detector, and a sprinkler system.

(d) Flag drive grades shall not exceed a maximum grade of 10 percent unless approved by the fire chief.

(e) For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15-foot-wide driving surface to the back of the first lot, and a 12-foot-wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15-foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel.

(f) No more than two flag lots will be served by a flag drive.

(g) Where flag lots are not provided but access easements across abutting properties to public or private rights-of-way are provided, the applicable city engineering standards shall apply.

(h) The entrance of the pole shall be identified by the address of the flag lot clearly visible from the street on a four-inch by four-inch post that is three and one-half feet high. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two-foot-by-three-foot white sign clearly visible from the street with three-inch black numbers.

(i) When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround with the distance of the turnaround requirement not to exceed 250 feet in length as allowed by Oregon Fire Code access exemptions.

(j) Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out.

(k) There shall be no parking within 10 feet of the centerline of the drive on either side of the flag drive entrance.

(l) Flag drives serving structures greater than 24 feet in height, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed.

(m) Flag lots shall be required to provide a private yard area which is unobstructed by a structure or automobile from the ground upward, with minimal dimension of 20 feet wide by 20 feet deep. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.040].

(1) Approval of a preliminary plat expires three years from the effective date of the decision approving it unless, within that time, an applicant files an application for an extension.

(2) An application for extension of a preliminary plat approval for a subdivision or for remaining phases of a subdivision 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 review authority may approve a single one-year extension of a preliminary plat approval if he or she finds that the relevant facts and the law have not changed substantially since the original approval, or that the preliminary plat can comply with the law in effect on the date the application for the extension was filed by complying with certain additional and/or modified conditions of approval, and those additional conditions and/or modifications are adopted. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.050].

(1) In lieu of the completion of any required public improvements prior to approval of a final plat, the city may accept a bond in an amount of at least 125 percent of the estimated cost of construction of the public improvements in question, as certified by a professional engineer and accepted by the director and with surety and conditions satisfactory to the engineer, or other secure method as the engineer may require, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the engineer, and specified in the bond or other agreement; and to be enforced by the engineer by appropriate legal and equitable remedies.

(2) Construction shall not start prior to the public works department signing and approving both the construction plans and the final plat survey computations; except that rough grading operations may proceed before the plans are approved by the engineer under the following conditions:

(a) The grading plan is submitted separately, along with an application for the grading permit.

(b) The grading plan is in conformance with the approved preliminary plat.

(c) The grading plan, if applicable, will not be in substantial conflict with the street profiles and drainage structure plans.

(d) The grading permit, if applicable, is issued. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.060].

Where improvements are required, plans for such improvements shall be submitted to the director. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute. The engineer shall certify same by seal and signature. All improvement plans shall comply with the provisions of city ordinances pertaining to streets, roads and utilities, and any other applicable city ordinances, and in addition to the above certification shall contain the following:

(1) Subdivision name;

(2) Name, mailing address, and telephone number of the engineer preparing the plan; and

(3) Date (month and year). [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.070].

The purpose and intent of these regulations is to ensure that vacation rentals and homestays conform to and are compatible with the existing character of the area in which they are located and do not create an adverse impact on adjacent properties. [Ord. 549 § 4 (Att. A), 2022].

Seventy-five vacation rentals and an unlimited number of homestays may be permitted in the SLR, LDR and MDR zoning districts consistent with underlying zoning district development and use standards and CBDC 17.370.030. [Ord. 549 § 4 (Att. A), 2022].

(1) Authorization. A Type II land use permit consistent with CBDC 17.130.090 is required; however, recreational vehicles, travel trailers, tents, other temporary shelters, garages, and accessory structures (including accessory dwelling units) are not permitted for use as vacation rentals or homestays.

(2) Joint Driveway Access. If a joint driveway access is to be used for vacation rental or homestay use, all other property owners using the same private access must agree to the common use of the driveway.

(3) Licensing and Taxes. Owners and operators of vacation rentals and homestays must secure a business license pursuant to the requirements of Chapter 5.05 CBMC and the payment of transient lodging taxes pursuant to the requirements of Chapter 3.55 CBMC.

(4) Business License Application. Each vacation rental or homestay owner/operator must submit with their business license application a building department building safety inspection safety report prepared noting building department review and authorization of the proposed vacation rental or homestay structure compliance.

(5) Vacation Rental Written Notice. Subject to director approval, a written notice will be conspicuously posted inside each vacation rental setting forth the name, address and telephone number of the contact person required in subsection (11) of this section. The notice shall also identify the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on site, the day(s) established for garbage collection, city noise regulations, a city-approved tsunami evacuation map and a nonemergency number of the Coos Bay police department.

(6) Carbon Monoxide and Smoke Detector. A carbon monoxide (CO) and smoke detector device must be installed in each bedroom for rent in a homestay or vacation rental.

(7) Address Numbers. Address numbers on the vacation rental or homestay structure must be visible from the street.

(8) Annual Verification of Contact Information. The vacation rental owner/operator shall annually, at the time of renewal of the business license, verify the name, address and telephone number of the contact person required in subsection (11) of this section.

(9) Vacation Rental and Homestay Compliance. Compliance with all CBMC regulations is required, including, but not limited to, CBMC Titles 8, Health and Safety; 9, Public Peace, Morals and Welfare; and 15, Buildings and Construction.

(10) Homestay Advertising on Site. Homestay on-site advertising is permitted subject to the requirements of CBDC 17.333.060.

(11) Contact Requirements – Vacation Rentals. A vacation rental owner and/or operator shall, at all times while a property is being used as a vacation rental, maintain a contact person/entity within a 15-minute drive of the property. The contact person or entity must be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between 7:00 a.m. and 9:00 p.m., and within 30 minutes between 9:00 p.m. and 7:00 a.m.

(12) Limit of Occupants. The number of overnight occupants in a vacation rental shall be limited to no more than two persons per bedroom and two additional persons. For example, a two-bedroom dwelling would have a maximum occupancy of six persons. A bedroom shall meet the minimum size requirements as defined in CBMC Title 15 (building code). Authorized occupancy may be determined by bedrooms, parking, overall home floor plan, site plan and neighborhood characteristics and may be less than the maximum allowed.

(13) Vacation Rental Location Distance Limitations in Residential Zones. Establishment of a vacation rental within 300 feet of an existing vacation rental is prohibited.

(14) Parking Requirement.

(a) One hard-surfaced off-street parking space shall be provided for every guest room in a vacation rental.

(b) One hard-surfaced off-street parking space shall be provided for every guest room in a homestay exclusive of the two-parking-space requirement for the property.

(c) In calculating the number of spaces required, the total shall be rounded up.

(d) Parking areas shall not be located in the front yard but may be located on the property’s paved driveway.

(e) A parking diagram is to be posted on site and made available for vacation rental and homestay guests. [Ord. 551 § 4, 2022; Ord. 549 § 4 (Att. A), 2022].

(1) Compliance with CBDC 17.370.030, Performance standards and requirements.

(2) Compatibility with the surrounding neighborhood. [Ord. 549 § 4 (Att. A), 2022].

(1) Violation of the requirements specified in CBDC 17.370.030 shall constitute grounds for revocation of the Type II permit required for a vacation rental or homestay pursuant to CBDC 17.130.090(5).

(2) Cessation of use of a vacation rental or homestay for more than one year or failure to be rented less than 10 nights in a calendar year (as determined by the city’s transient lodging receipts) will result in revocation of the land use permit, subject to the requirements of CBDC 17.130.090(5).

(3) The city, in addition to other remedies and those provided in Chapters 8.10, Public Nuisances, and 1.15 CBMC, General Penalty, may institute appropriate actions or proceedings to prevent, restrain, correct, abate, or remove an unlawful location of a vacation rental or homestay in violation of this chapter. The owner of a building where a violation has been committed 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. 551 § 5, 2022; Ord. 549 § 4 (Att. A), 2022].

Adjustment review can facilitate creative and innovative development strategies while accommodating the intent and directives of the comprehensive plan and compliance with the state of Oregon and city of Coos Bay health and safety requirements. Development and subdivision projects may utilize the adjustment review process for this purpose. [Ord. 541 § 6 (Exh. 1), 2021].

Adjustment review is subject to pre-application review application contents specified by CBDC 17.130.035 for development applications. Adjustment review applications related to subdivisions are also subject to the pre-application requirements specified in CBDC 17.367.010. [Ord. 541 § 6 (Exh. 1), 2021].

(1) As specified in CBDC 17.130.040.

(2) As specified in CBDC 17.367.030 if the application includes a subdivision.

(3) Project plans prepared by an Oregon licensed architect for a development project, and an Oregon licensed surveyor or engineer for a subdivision. For a subdivision application, plans shall also include boundaries of the proposed area, a written explanation of the purpose of the area, planned improvements description and the manner in which the area will be perpetuated, maintained, and administered.

(4) Demonstrate consistency with the purpose and intent of the standard or standards being requested for adjustment. Note how the deviation of the purpose of the standard (or standards if more than one adjustment is requested) will still allow compliance with the standard (or standards) general purpose.

(5) If the project area is in a residential zone, specify how the proposal is compatible with adjacent development (one block minimum).

(6) If more than one adjustment is being requested, identify the effect of all adjustments and how granting the adjustments will still result in a project that is consistent with the purpose of the zoning district where the project is located. If only one adjustment is requested, this requirement does not apply. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Review of a technically complete adjustment review application associated with other land use application(s) subject to this title shall be processed and reviewed concurrently with the associated application(s).

(2) CBDC 17.130.020(4)(b) or (4)(c): identify the land use review process for adjustment review; the process is based upon the project size, type and/or scope. The review process for an adjustment review related to a subdivision is also subject to the review process requirements of CBDC 17.367.020. [Ord. 541 § 6 (Exh. 1), 2021].

Authorization of an adjustment review is subject to expiration and extension timeframes specified in CBDC 17.130.140, Expiration and extension of decisions. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Adjustment Types.

(a) Class 1 – An adjustment to density not to exceed five percent and/or an adjustment to any CBDC numerical development standard in the CBDC that increases or decreases the standard by not more than 10 percent.

(b) Class 2 – An adjustment to any CBDC development standard other than density or a Class 1 adjustment, including an adjustment to any numerical development standard in the CBDC that increases or decreases the standard by more than 15 percent.

(2) Adjustment review may not be used for modification of:

(a) A use or activity not allowed under the CBDC or CBCP.

(b) The status of a use or activity under the CBDC.

(c) A definition or use application.

(d) A use standard.

(e) The applicability of any CBDC requirement.

(f) A prohibited use or standard.

(g) A CBDC procedural requirement.

(h) A condition of approval placed on a property through a previous planning action.

(3) No adjustment shall be allowed that conflicts with the city’s comprehensive plan, the Coos Bay Municipal Code or any state or federal requirements or limitations to protect natural resources and/or public safety.

(4) In granting an adjustment the review authority may attach conditions to protect the health, safety and welfare of the public and to mitigate adverse impacts which might result from the approval. [Ord. 541 § 6 (Exh. 1), 2021].

(1) The following approval criteria applies to any adjustment review authorization:

(a) Granting the adjustment will equally or better meet the purpose of the regulation to be modified.

(b) The cumulative impact of more than one adjustment results in a project which is still consistent with the overall purpose of the zone (this finding applies when more than one adjustment is requested).

(c) Reasonable economic use of the site would be adversely impacted with the application of the development standard being requested for adjustment.

(2) The following criteria applies to Class 1 adjustment review authorization:

(a) The purpose underlying the specific development standard proposed for adjustment is:

(i) Clearly inapplicable to the proposed development; or

(ii) Clearly satisfied by the proposed development; and

(iii) The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property.

(3) The following criteria applies to Class 2 adjustment review authorization:

(a) The purpose underlying the specific development standard proposed for adjustment is:

(i) Clearly inapplicable to the proposed development; or

(ii) Equally or better met by the proposed development.

(b) The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property.

(c) If more than one adjustment has been requested, the cumulative effect of all the adjustments results in a project which is still consistent with the overall purpose of the zone.

(d) The adjustment will enable the project to provide a CBCP public benefit or accommodate an affordable housing need. [Ord. 541 § 6 (Exh. 1), 2021].

(1) Applicability. An adjustment may be modified after its effective date if the proposed modification meets the criteria in this section. Proposed modifications that do not meet the criteria in this section require submittal of a new application for adjustment.

(2) Submittal Requirements. An application for modification of a Class 1 or Class 2 adjustment approval shall include the information required by CBDC 17.372.015.

(3) Criteria. An application for modification of a Class 1 or Class 2 adjustment approval shall be granted if all of the following criteria are met:

(a) The proposed modification does not substantially change the original approval; and

(b) The proposed modification will not result in significant changes to the physical appearance of the development, the use of the site, and the impacts on surrounding properties.

(4) Expiration. The effect of a modification upon the expiration period of the original approval, if any, shall be established in the modification decision. [Ord. 541 § 6 (Exh. 1), 2021].