Section 1. General Administration

Chapter 17.110
GENERAL PROVISIONS

Sections:

17.110.010    Title.

17.110.020    Applicability.

17.110.030    Standards designated.

17.110.040    Purpose.

17.110.050    Organization.

17.110.060    Term construction.

17.110.070    Hierarchy of plans and regulations.

17.110.080    Timing of regulations.

17.110.090    More restrictive provision governs.

17.110.100    Severability.

17.110.110    Minor modifications to this title.

17.110.010 Title.

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

17.110.020 Applicability.

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

17.110.030 Standards designated.

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

17.110.040 Purpose.

The purposes of this title are to: implement the Coos Bay comprehensive plan (CBCP); encourage appropriate use of land; conserve and stabilize the value of property; aid in rendering of fire and police protection; provide adequate open space for all types of recreation; lessen the congestion on streets; create orderly growth within the city and UGA; distribute population wisely; improve the city’s appearance; facilitate adequate provision of urban level utilities and facilities such as water, sewage, electrical distribution, transportation, schools, parks, and other public requirements; and promote public health, safety and general welfare. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.110.050 Organization.

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

17.110.060 Term construction.

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

(2) Tenses and Usage.

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

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

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

(d) “May” is permissive.

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

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

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

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

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

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

17.110.070 Hierarchy of plans and regulations.

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

(a) The CBCP is the highest authority. Plan text supersedes plan designation maps.

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

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

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

17.110.080 Timing of regulations.

(1) Land Use Approval and Building Permits.

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

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

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

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

17.110.090 More restrictive provision governs.

Where the conditions imposed by any provision of this title upon the use of land or building or upon the size, location, coverage or height of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or of any ordinance, resolution or regulation, the provisions which are more restrictive shall govern. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.110.100 Severability.

If a court of law finds any section, paragraph, sentence, or word of this title void or unconstitutional, all other parts of this title which are not expressly held void or unconstitutional shall continue in full force and effect. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.110.110 Minor modifications to this title.

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