Chapter 17.130
PROCEDURES

Sections:

17.130.005    Purpose.

17.130.010    Applicability.

17.130.020    Application types and classification.

17.130.030    General review.

17.130.035    Pre-application review.

17.130.040    Application contents for all application types.

17.130.050    Review for technically complete status.

17.130.060    Distribution of notices.

17.130.070    Approval criteria.

17.130.075    Approval compliance and occupancy.

17.130.080    Type I procedure.

17.130.090    Type II procedure.

17.130.100    Type III procedure.

17.130.110    Type IV procedure.

17.130.140    Expiration and extension of decisions.

17.130.145    Modifications to permits.

17.130.005 Purpose.

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

17.130.010 Applicability.

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

17.130.020 Application types and classification.

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

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

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

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

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

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

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

Table 17.130.020(3) – Summary of Applications and Procedures 

D = Director, HO = Hearings Officer, Flood Administrator = FA, DAT = Design Assistance Team,

PC = Planning Commission, CC = City Council, LUBA = Land Use Board of Appeals

Application

Type

Applicable Regulations

Review Authority

Appeal Authority

Accessory Dwelling Unit Located in a Historic District

I

Ch. 17.312 CBDC, Accessory Dwelling Units

D

PC

Adjustment Review

II or III

Ch. 17.372 CBDC, Adjustment Review

D, PC or HO

PC or CC

Annexation

IV

Ch. 17.345 CBDC, Annexation

CC

LUBA

Architectural Review

II or III

Ch. 17.240 CBDC, Waterfront Heritage District

Ch. 17.250 CBDC, Hollering Place District

Ch. 17.316 CBDC, Empire Waterfront Settlement Design Review

DAT (advisory), D, HO or PC

CC

Code Interpretation

I

CBDC 17.120.040, Interpretations

D, HO or PC

PC or CC

Conditional Use Permit

II or III

Ch. 17.347 CBDC, Conditional Uses

D, PC or HO

PC or CC

Conditional Use Permit, Modification

II

Ch. 17.347 CBDC, Conditional Uses

D

PC

Comprehensive Plan and Development Code Map and Text Amendments

IV

Ch. 17.360 CBDC, Plan Amendments and Zone Changes

PC (advisory), CC

LUBA

Estuarine and Coastal Shoreland Uses and Activities Permit

I

Ch. 17.352 CBDC, Estuarine and Coastal Shoreland Uses and Activities

D

PC

Flood Development Permit and Flood Development Variance

I

Ch. 17.318 CBDC, Flood Damage Prevention

FA

 

Cultural Resource Designation, Development, Alteration, or Demolition

II or III

Ch. 17.349 CBDC, Cultural Resources

DAT (advisory), D, PC

CC

Home Occupation Permit

I or II

Ch. 17.320 CBDC, Home Occupation

D

PC

Partition

II

Ch. 17.359 CBDC, Partitions

D

PC

Permitted Residential Use, General Review

N/A

CBDC 17.130.030, General review

N/A

N/A

Permitted Residential Use

I

Section 2. Zoning

D

PC

Property Line Adjustment, including Lot Consolidation

I

Ch. 17.363 CBDC, Replats and Property Line Adjustments

D

PC

Subdivision

II or III

Ch. 17.367 CBDC, Subdivisions, CBDC 17.130.020(4)(b) and (4)(c), procedures

D, PC or HO

PC or CC

Temporary Use Permit

I or II

Ch. 17.337 CBDC, Temporary Use Permit

D or PC

PC or CC

Zoning Code Amendment

IV

Ch. 17.360 CBDC, Plan Amendments and Zone Changes

PC (advisory)

CC

Zoning District Map Change

IV

Ch. 17.360 CBDC, Plan Amendments and Zone Changes

PC (advisory), CC

LUBA

(4) Procedure Types Based on Development Performance Standards.

(a) Type I reviews include:

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

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

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

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

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

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

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

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

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

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

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

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

(b) Type II reviews include:

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

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

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

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

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

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

(iii) Single room occupancies.

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

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

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

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

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

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

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

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

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

(xiii) Partitions consistent with Chapter 17.359 CBDC.

(c) Type III reviews include:

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

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

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

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

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

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

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

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

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

(i) Zoning code amendment.

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

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

(iv) Urban growth boundary changes.

(v) Annexations.

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

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

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

17.130.030 General review.

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

Table 17.130.030 – General Review 

(a)

Operation, maintenance, and repair of existing transportation facilities identified in the transportation system plan

(b)

Dedication of right-of-way, authorization of construction, and the construction of transportation facilities and improvements, where the improvements are planned improvements identified in the transportation system plan or are otherwise consistent with clear and objective dimensional standards

(c)

Changes in transit services

(d)

Modification to the interior of an existing structure that does not change the use or the intensity of a use

(e)

Physical expansion of existing structure by 10 percent or less, occurring in a single expansion over a two-year time period

(f)

Regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair

(g)

Fences adhering to standards required in CBDC 17.335.020 and Chapter 8.10 CBMC.

(h)

Change in occupancy from one allowed land use to another allowed land use if a permitted use in the zoning district

(i)

Single-unit dwelling (including certified factory-built home on its own lot)

(j)

Duplex on a single lot

(k)

Accessory structures that do not require a building permit

(l)

Accessory dwelling units not subject to CBDC 17.312.040(2)

(m)

Public improvements required by city standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), except where a condition of approval requires a land use review

(n)

Land use compatibility statement, zone verification letters or similar information

(o)

Signs consistent with Chapter 17.333 CBDC

(p)

Traffic impact analysis subject to CBMC Title 18

[Ord. 54    0 § 6 (Exh. 1), 2021].

17.130.035 Pre-application review.

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

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

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

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

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

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

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

(4) Scheduling, Notice and Attendees.

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

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

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

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

(a) Summarize the proposed application(s);

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

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

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

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

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

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

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

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

17.130.040 Application contents for all application types.

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

Table 17.130.040(1) – Minimum Requirements for All Applications 

(a)

Required nonrefundable application fee. Applications subject to a pre-application conference may apply the nonrefundable pre-application conference fee to a Type III or IV application.

(b)

A completed city land use application form.

(c)

A copy of the pre-application conference summary, if the application was subject to pre-application review, which shall include all information required by the director to address issues, comments, and concerns in the summary.

(d)

Most recent conveyance document (deed) showing current ownership.

(e)

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.

(f)

A written narrative description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries, and construction schedule including project phasing, if known.

(g)

A written description of how the application complies, or with conditions can comply, with each applicable CBCP, this title, and other city and state policies and regulations applicable to the application. Basic facts and other substantial evidence supporting the description must also be included in the application.

(h)

A legal description of the site.

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

Table 17.130.040(2) – Site Plan Requirements 

Site plan drawn to scale of no less than 11 inches by 17 inches.

Graphic scale of the drawing and the direction of true north.

Vicinity map showing location of subject site within the city of Coos Bay and the surrounding existing street system.

Zoning and uses of subject site.

Zoning and uses of properties adjacent to subject site.

Property boundaries, dimensions and size of the subject site.

A floor plan at a one-quarter- or one-eighth-inch scale.

Architectural exterior elevations, showing north, south, west and east exterior elevations at a one-quarter or one-eighth-inch scale.

Location, scaled dimensions of structures, setbacks between buildings and property lines, parking areas, drive aisles, walkways and height of proposed structures.

Location and scaled dimensions of on-site and off-site parking areas, including required parking landscaping islands; pedestrian cross-aisles; and indicate whether proposed parking is standard, compact, or handicapped-accessible and parking lot lighting.

Calculations indicating:

• Total site area;

• The total square footage of existing and proposed structures including percentage of total site area;

• The total square footage amount of existing and proposed pervious area and landscaping area, including percentage of total site area;

• The total area dedicated to parking, including percentage of total site area; and

• The required and proposed number of parking spaces, including the number of standard parking spaces, compact parking spaces and handicapped-accessible parking spaces.

Location of on-site driveways and access points within 100 feet of the subject site.

Location, centerline, and dimensions of existing public rights-of-way, private streets and easements on site and within 100 feet of the site.

Location of all public and private easements on the site.

Location of existing fire hydrants.

Detailed landscaping plan consistent with CBDC 17.335.060 indicating specific code standards that will be met in each location.

Location of exterior lighting consistent with CBDC 17.335.040 indicating specific code standards that will be met.

Location of existing aboveground and underground electrical, telephone or utility equipment and traffic control poles.

Location, centerline, and dimensions of proposed dedications, and identification of proposed frontage improvements, including roadway improvements, curb and gutter installation, landscaped planter strip installation and public sidewalk installation.

Approximate on-site slopes and grades.

Proposed project-phasing boundaries.

Demonstration of compliance with applicable state and federal guidelines, including, but not limited to, adequate sizing, the provision of handicapped access ramps and appropriate labeling and signing

Location of significant trees and other natural resources on site.

Location and dimensions of all on-site pedestrian connections.

The location and dimensions of loading and service areas, recreational or open space features, aboveground and underground utilities, and the size and location of solid waste and recyclable storage areas.

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

Table 17.130.040(3) – Additional Contents 

A survey prepared by a registered land surveyor or an existing conditions plan prepared by a registered land surveyor, licensed architect, landscape architect or civil engineer.

Preliminary grading, erosion control, and drainage plans.

Preliminary utility plan indicating the proposed location, size, connection points to existing public systems, and terminus points for sanitary sewer, water and stormwater drainage and control. Public and private easements for sanitary sewer, water and stormwater shall also be indicated.

Traffic impact analysis if applicable. Note, a traffic impact analysis is required for proposals to create 20 or more residential units (e.g., single-unit residential lots, multi-unit dwellings, certified factory-built home parks), 20,000 square feet or more of commercial/industrial space, or similar land use as determined by the director. The TIA shall be consistent with CBMC 18.40.010 and 18.40.020 and state of Oregon requirements.

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

Table 17.130.040(4) – Additional Applications and Code Sections 

Permit/Review

Code Section

Adjustment Review

Ch. 17.372 CBDC, Adjustment Review

Annexation

Ch. 17.345 CBDC, Annexation

Conditional Use Permit

Ch. 17.347 CBDC, Conditional Uses

Partitions

Ch. 17.359 CBDC, Partitions

Comprehensive Plan Amendments

Ch. 17.360 CBDC, Plan Amendments and Zone Changes

Replats and Property Line Adjustments

Ch. 17.363 CBDC, Replats and Property Line Adjustments

Sign Permit

Ch. 17.333 CBDC, Signs

Subdivisions

Ch. 17.367 CBDC, Subdivisions

Temporary Use Permit

Ch. 17.337 CBDC, Temporary Use Permit

Zoning Amendments

Ch. 17.360 CBDC, Plan Amendments and Zone Changes

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

17.130.050 Review for technically complete status.

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) All the missing information;

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

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

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

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

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

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

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

17.130.060 Distribution of notices.

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

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

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

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

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

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

17.130.070 Approval criteria.

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

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

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

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

17.130.075 Approval compliance and occupancy.

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

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

17.130.080 Type I procedure.

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

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

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

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

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

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

(B) The appeal closing date;

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

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

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

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

(4) Appeal of a Type I Decision.

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

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

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

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

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

(iii) The name of the applicant;

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

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

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

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

(i) Prejudice to the parties.

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

(iii) Surprise to opposing parties.

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

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

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

(f) Appeal Authority Decision.

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

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

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

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

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

(5) Revocation of Type I Permits.

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

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

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

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

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

17.130.090 Type II procedure.

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

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

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

(i) The file number;

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

(iii) The legal description of the site;

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

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

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

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

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

(ix) A statement outlining the appeals process.

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

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

(3) Decision.

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

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

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

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

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

(B) The appeal closing date;

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

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

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

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

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

(4) Appeal of a Type II Decision.

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

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

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

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

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

(iii) The name of the applicant;

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

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

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

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

(i) Prejudice to the parties.

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

(iii) Surprise to opposing parties.

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

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

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

(f) Review Body Decision.

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

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

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

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

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

(5) Revocation of Type II Permits.

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

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

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

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

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

17.130.100 Type III procedure.

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

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

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

(i) The file number;

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

(iii) The legal description of the site;

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

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

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

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

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

(ix) A statement outlining the appeals process.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(G) Summarizes the procedure of the hearing.

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

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

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

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

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

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

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

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

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

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

(B) The appeal closing date;

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

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

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

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

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

(5) Appeal of a Type III Decision.

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

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

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

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

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

(iii) The name of the applicant;

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

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

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

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

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

(f) Review on the Record.

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

(A) A factual report prepared by the director.

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

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

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

(g) Review Body Decision.

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

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

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

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

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

(6) Revocation of Type III permits.

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

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

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

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

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

17.130.110 Type IV procedure.

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

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

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

(i) The file number;

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

(iii) The legal description of the site;

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

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

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

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

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

(ix) A statement outlining the appeals process.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.130.140 Expiration and extension of decisions.

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

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

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

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

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

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

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

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

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

17.130.145 Modifications to permits.

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

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

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

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