Chapter 17.150


17.150.010    Definitions.

17.150.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section shall apply to terms in this title. In addition to definitions provided below, there are chapter-specific or section-specific definitions in this title.

100-year floodplain The land lying at or below the base flood elevation. The city of Coos Bay elevation datum is 9.00 m.s.l. (also USGS), which is equal to elevation 13.00 m.l.l.w. (also known as tidal datum).

Abutting Adjoining with a common boundary line; except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.

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

Accessory building/structure A detached, subordinate building located on the same lot with the main building (except as provided by Chapter 17.314 CBDC), occupied by or devoted to an accessory use. If an accessory building is attached to the main building in a substantial manner as by a wall or roof, or as determined by the building official, the building shall be considered part of the main building.

Accessory dwelling unit – An interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling.

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

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

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

Adjoin The same as “abutting.”

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

Affordable housing Decent, safe, quality housing that costs no more than 30 percent of a household’s gross monthly income for rent/mortgage and utility payments.

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

Agricultural service Establishments or places of business providing agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include tree service firms or landscape services.

Agricultural uses The use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and wineries, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities; and provided further, that the above uses shall not include slaughterhouses and meat packing or commercial feeding of animals.

Alley A narrow street through a block providing only secondary access to abutting property at the rear or side property lines.

Amusement park or center A group of amusement devices for children and/or adults and their accessory uses. Such a park or center may include miniature golf areas, bumper cars, batting cages, arcades, bumper boats, go-carts and other such activities.

Animal husbandry The commercial raising and breeding of livestock or other nondomestic animals or insects.

Animal sales and service Establishments or places of business primarily engaged in animal-related sales and services. The following are animal sales and services use types:

Animal sales and service: auction – Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding a 48-hour period. Typical uses include animal auctions or livestock auction yards.

Animal sales and service: grooming Grooming of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops.

Animal sales and service: kennel Boarding, raising, caring, and training services for dogs, cats, and similar small animals. Typical uses include boarding kennels or dog training centers.

Animal sales and service: pet shop Establishment for the retail sale of household pets and pet supplies.

Animal sales and services: veterinary (large animals) Veterinary services for large animals. Typical uses include animal hospitals or veterinary hospitals.

Animal sales and service: veterinary (small animals) Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals.

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

Apartment A room or suite of rooms within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities that function or are intended to function for living, sleeping, and cooking.

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

Appropriate area, minimum The smallest total area of property allowed in a particular zone.

Architectural feature Features shall include, but not be limited to, a cornice, eave, belt course, sill, chimney, uncovered/unenclosed porch, platform landing, deck, or stairway.

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

Arterial Street. See “Street, major arterialandStreet, minor arterial.”

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

Automotive equipment Establishments or places of business primarily engaged in motorized vehicle-related sales or services. The following are automotive and equipment use types:

(a) Cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes.

(b) Fleet Storage. Fleet storage of vehicles used regularly in business operation but not for the long-term storage of vehicles, nor for vehicles available for sale. Typical uses include taxi fleets, mobile catering truck storage, or auto storage garages.

(c) Parking. Parking of private motor vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots or garages.

(d) Repairs, Heavy Equipment. Repair of trucks, construction and logging equipment, as well as the sale, installation, or servicing of automotive equipment and parts, together with body repairs, painting, and steam cleaning. Typical uses include truck transmission shops, body shops, or motor freight maintenance groups.

(e) Repairs, Light Equipment. Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts, but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, or auto glass shops.

(f) Sales/Rentals, Heavy Equipment. Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment, trucks, and aircraft together with incidental maintenance. Typical uses include aircraft dealers, farm, logging, and heavy construction equipment dealers, or tractor trailers.

(g) Sales/Rentals, Light Equipment. Sale, retail, or wholesale, and/or rental from the premises of autos, noncommercial trucks, motorcycles, motor homes, recreational vehicles, boats, and trailers with generally less than a 10,000-pound gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, car rental agencies, or recreational vehicle sales and rental agencies, and small boat sales.

(h) Storage, Nonoperating Vehicles. Storage of nonoperating motor vehicles. Typical uses include storage of private parking tow-away or impound yards.

Awning/marquee Any movable roof-like structure cantilevered or attached to and entirely supported from a building, so constructed and erected as to permit its being readily and easily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable.

Bakery An establishment where products such as breads, cakes, pies, pastries, etc., are baked or produced and sold on premises for wholesale and/or retail sale.

Bar and/or cocktail lounge Any premises wherein alcoholic beverages are sold at retail for consumption on the premises. A Class H retailer’s license is required for serving liquor by the bottle or by the drink.

Base flood The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year” flood.

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

Bed and breakfast house A hotel in what was built as a single-family dwelling and which offers up to six bedrooms for transient guests.

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

Block A group of lots, tracts, or parcels within well-defined and fixed boundaries.

Boarding house A dwelling where meals or lodging and meals are provided for compensation to at least one person and no more than 16 persons by prearrangement for definite periods of at least one week’s duration. A boarding house is to be distinguished from a hotel.

Bollard A post permanently affixed into the ground or pavement, at least two feet and no more than four feet in height after installation, whose purpose is to segregate automotive traffic from certain areas.

Border lots Residential lots abutting the urban growth area boundary which may be larger in size than most urban lots to allow for a smoother transition to larger rural lots lying outside the boundary.

Breezeway A covered walkway connecting the main building on a property with other main buildings or accessory buildings. The structure may not be more than 12 feet high at the ridge. More than 50 percent of the total area of the structure may not be enclosed with any material other than that necessary for roof supports.

Buffer area A landscaped or natural area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties and intended to enhance the level of safety and promote the aesthetic qualities of the area.

Buildable area The space remaining after demonstrating compliance with the minimum open space and yard setback requirements of this title.

Buildable land Land not constrained by critical areas and public rights-of-way or infrastructure.

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

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

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

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

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

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

Building setback line A line parallel to the front lot line and passing through the most forward point or plane of the building closest to the front lot line.

Building site A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

Building/property maintenance service Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

Bus shelter A building for the purpose of providing shelter from weather while waiting for mass public transportation. The shelter shall be construction consistent with the city’s established design which frame shall be a three-by-three-by-12-inch A500 steel tube finished with two-component high solids polyurethane rust inhibitive primer, plus two-component high solids finish. The walls are one-quarter-inch clear tempered safety glass with simulated metal muntins. Roof is standing seam sheet metal with sheet steel ceiling soffit (both are finished to match frame).

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

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

Canopy A roof-like structure made of any material that projects from the wall of a building and overhangs a sidewalk.

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

Carport A building designed to cover, but not enclose, automobile parking spaces.

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

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

Certified factory-built home.

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

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

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

Certified factory-built home park An individual lot or parcel under single ownership with two or more certified factory-built home sites.

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

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

Civic use types The performance of utility, educational, recreational, cultural, protective, governmental, and other uses which are strongly vested with public or social importance.

Clinic A facility for the treatment of human ailments operated by a group of physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients.

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

Commercial recreational vehicle park Land designed, maintained, or used for the purpose of supplying temporary accommodation for recreational vehicles, trailers, or any other mobile living unit.

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

Commission The planning commission of the city.

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

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

Community recreation Recreational, social, or multi-purpose uses typically associated with parks, playfields, golf courses, or community recreation buildings. (This shall mean the same as “recreation facility, low-intensity” and “recreation facility, high-intensity.”)

Compatible use A use that is capable of existing in harmony with other uses situated in its immediate vicinity.

Comprehensive plan The goals, objectives and policies, documents and maps adopted by motion by the council to guide the physical development of the city; to coordinate city programs, services and controls; and to promote the general welfare.

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

Concrete slab A broad, flat, somewhat thick concrete surface extending under a manufactured home or built in place to the extent of the structure which rests upon it which meets applicable IBC standards.

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

Condominium The private ownership of single units in a multiple-unit structure with common or single ownership of land and facilities.

Construction The building of, or substantial improvement to, any structure or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, “construction” refers to the act of construction or the result of construction.

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

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

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

Contiguous Adjoining properties under the same ownership with a common boundary of two or more points. Properties shall not be considered contiguous if divided by a public dedicated road or alleyway.

Convenience sales and personal services Establishments or places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services. These include various general retail sales and personal services of an appropriate size and scale to meet the above criterion. Typical uses include neighborhood grocery, drug stores, laundromat/dry cleaners, or barbershops.

Convenience store A retail establishment that is usually open for extended daily hours of business, normally located as a single entity or in a strip-building configuration along major roadways, is typically a self-service facility not dependent upon comparison shopping, and by its manner of display and merchandising.

Conversion The change of use or purpose to which a structure or building is put.

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

Court An open, unoccupied space, on the same lot with, and bounded on three or more sides by, a building(s).

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

Cul-de-sac A local street having only one means of vehicular access to another street and terminating at its other end in a circular-shaped turnaround. This definition of “cul-de-sac” shall in no way be interpreted to include a dead-end street.

Cultural resources Any structure, natural feature, site or area listed in the State of Oregon Inventory of Historic Sites and Buildings or any archaeological site.

Curb cut The level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.

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

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

Density The number of permitted dwelling units allowed on each acre of land or fraction thereof.

Density, net The number of dwelling units or persons per net acre covering only the land devoted to building lots.

Design storm A prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)

Detention facility – An above- or below-ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater.

Developer – Any person, firm, or corporation undertaking the subdividing and/or development of any parcel of land; also known as the “applicant.”

Development – The placement, erection, or removal of any fill, solid material, or structure on land, in or under the water, discharge or disposal of any dredged material or of any liquid or solid waste; or the grading, removing, dredging, mining, or extraction of any materials, including mineral resources; the construction, reconstruction, removal, demolition or alteration of the size of any structure; or the removal or harvesting of vegetation. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use, or subdivision of land for agricultural purposes or any improvement made in the interior of any structure.

Dining establishments – Establishments or places of business primarily engaged in the sale of prepared food for on-premises consumption. Dining establishment uses include:

(a) Fast Order Food. An establishment whose primary business is the sale of food which is:

(i) Primarily intended for immediate consumption;

(ii) Available upon a short waiting time; and

(iii) Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold, including drive-in fast food establishments.

(b) Sit-Down. An establishment whose primary business is the sale of food which is prepared, served, and consumed on the premises, and does not use a drive-up window.

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

District, zoning – Any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this title and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied.

Dormitory – A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units, which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.

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

Drainage – The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation, prevention, or alleviation of flooding.

Drainage basin – A geographic and hydrologic subunit of a watershed.

Drinking establishments – Establishments or places of business primarily engaged in the sale of beverages for on-premises consumption.

Drive-in or drive-through facility – An establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

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

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

Dwelling – A building or any portion of it which has cooking and toilet facilities and is designed exclusively for private residential for occupancy by one family only. It does not include hotels, motels, boarding houses, or other similar accommodations.

Dwelling, attached – A dwelling having any portion of a wall in common with adjoining dwellings.

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

Dwelling, duplex – A detached building, designed for or occupied exclusively by two families living independently of each other, and shall not include a manufactured home.

Dwelling, multiple-family – A building or portion thereof designed or used as a residence by two or more families, and containing two or more dwelling units.

Dwelling, single-family – A building designed or used for residence purposes by not more than one family, and containing one dwelling unit only.

Dwelling unit – One or more rooms which have cooking and toilet facilities and are designed for occupancy for one family only.

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

Educational service – A facility customarily associated with public or private primary and secondary schools, nursery schools, vocational schools, colleges, or universities. Does not include personal instructional services listed under “Personal services, general.”

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

Elevation – Either the vertical distance above or below a fixed reference level, or a flat scale drawing of the front, rear, or side of a building or structure.

Emergency shelter – A facility whose primary purpose is to provide housing for individuals and families in the event of an emergency or an emergency hazardous situation.

Eminent domain – The authority of the city of Coos Bay or other government agency to take, or to authorize the taking of, private property for public use with just compensation to the owner.

Employees – All persons, including proprietors, working on the premises during the largest shift at peak season.

Energy-efficient structure – A structure designed and built to comply with the annual thermal performance standards established by the Northwest Power Planning Council as the Model Conservation Standards.

Enlargement – An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

Environment – The physical, social and economic conditions that exist within the area which will be affected by a proposed project.

Environmentally sensitive lands – Lands shown on the city zoning map as an overlay to demonstrate areas which may contain wetlands, steep slopes, or other similar environmentally critical features which may limit or prevent construction.

Erected – Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving, and the like shall be considered within the definition of “erected.”

Erosion – The detachment and movement of soil or rock fragments by water, wind, and/or gravity.

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

Family – An individual or two or more persons related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than three additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling.

Family residential – The residential occupancy of living units by families and excludes tourist habitation and group care. Typical uses include single-family dwellings, duplex dwellings, and multiple-family dwellings.

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

Fence – Any artificially constructed barrier or any material or combination of materials erected to enclose or screen areas of land.

Fence, sight-obscuring – A fence or evergreen planting, or combination of fence and planting, arranged in such a way as to obstruct vision.

Fill – Earth or any other approved substance or material.

Financial institutions/establishments – Includes, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, and other similar uses.

Flea market – An occasional sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, but not to include private garage sales.

Flood insurance rate map (FIRM) – The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Floodplain – Land area subject to flooding.

Floodway – The channel of a river and the portion of the floodplain that carries most of the flood. Regulations require that the floodway be kept open so that flood flows are not obstructed or diverted onto other properties.

Floor – The top surface of an enclosed area in a building (including basement), i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used primarily for the parking of vehicles and where openings are installed to allow the free passage of water.

Floor area – The sum of the gross horizontal areas of all of the floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes.

Food and beverage retail sales – Establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries or delicatessens.

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

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

Freestanding sign – A sign erected on a freestanding frame, mast, or pole supported on the ground and not attached to any building.

Frontage – That portion of a parcel of property which abuts a dedicated public street or highway, or private road or driveway approved by the city.

Frontage, corner lot – All the property on two sides of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on two sides between an intersecting street and the dead end of the street. This definition also includes ingress-egress easements when used as the only means of access.

Fuel sales – Establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services, but does not include body work or repair. Typical uses include automobile service stations, filling stations, or truck stops.

Fuel storage facility – An area that is used or planned to be used for the storage of petroleum. The facilities may be aboveground or underground storage tanks.

Funeral and interment services – Establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. The following are interment services use types:

(a) Cemetery. Places primarily for the burial of human remains; may include crematory and interring services. Typical uses include mausoleums, columbariums, and crematoriums.

(b) Cremating/Interring. Crematory services involving the purification and reduction of the human body by fire and/or the keeping of human bodies other than in cemeteries. Typical uses include crematories, crematoriums, columbariums, and mausoleums.

(c) Undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals.

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

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

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

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.

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

Ground floor area – The square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways, garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total building area used in determining the percentage of lot coverage.

Groundwater – The portion of water contained in interconnected pores or fractures in a saturated zone or stratum located beneath the surface of the earth or below a surface water body.

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

Group residential – The residential occupancy of living units by groups of more than five persons who are not related by blood, marriage, or adoption, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of fraternity and sorority houses, retirement homes, boarding houses, cooperatives, but excludes group residential care facilities.

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

Guesthouse – A detached accessory building without cooking facilities designed for and used to house nonpaying transient visitors or guests of the occupants of the main dwelling on the lot.

Gutter – A constructed waterway, usually along a street curb, installed to collect and conduct street surface water.

Habitable floor – Any floor usable for living purposes, including working, sleeping, eating, cooking, or recreating uses, or any combination of these uses. A floor used only for storage purposes is not a habitable floor.

Half-story – An area under a roof finished for living accommodations or business purposes located wholly or partly within the roof frame and having a floor area at least one-half as large as the story below. Space with less than five feet clear headroom shall not be considered as floor area.

Hazardous waste treatment – The physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

Hazardous waste treatment and storage facility, off-site – Treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.

Hazardous waste treatment and storage facility, on-site – Treatment and storage facilities that treat and store waste from generators on properties on the same geographically contiguous or bordering property.

Health care facility – An establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners; medical and dental laboratories; outpatient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services.

Health club – Gymnasiums (except those associated with educational institutions), private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

Hearings examiner – The person(s) appointed hearings examiner by the city council of Coos Bay to hear and decide land use cases not heard or resolved by the Coos Bay planning commission, as directed by the Coos Bay city council and this title.

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

Home occupation – An occupation, profession, or craft secondary to the use of a dwelling unit for residential purposes, is carried on by a member of the family residing within the residence, and requires no structural alterations or changes in the dwelling unit.

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

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

Horticulture – Businesses primarily devoted to cultivation and/or storage of horticultural and floricultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. Typical uses include plant nurseries and garden centers.

Hospital – An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.

Illuminated sign – Any sign that has characters, letters, figures, designs or outlines illuminated by electric lights, or from a remote position.

Immediate vicinity – With regard to the built or manmade environment, this refers to all development that is within 500 linear feet of any proposed development, measured in a straight line from the property line that is closest to any existing development.

Impervious surfaces – Those surfaces that do not absorb water and consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt on a lot.

Improvement plans – The technical drawings of the design and proposed construction of such items as streets, water and sewer systems, and drainage detention systems.

Improvements – Any manmade features located on, above, or under real property.

Incompatible use – A use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity.

Indirect illumination – A source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign.

Indoor amusement – Establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as theaters, bowling, pool, billiards, or arcades, that feature three or more coin or token operated devices, such as pinball and video games.

Indoor storage – The keeping of any goods, materials, merchandise, or supplies as an accessory use to any retail, office, or service use.

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

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

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

Infiltration – The downward movement of water from the surface to the subsoil.

Land clearing – The exposure of earth by the removal of vegetative cover of any kind.

Land-disturbing activity – Any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.

Land division – A partition or subdivision.

Landscape plan – A detailed sketch to scale illustrating the type, size, location and number of plants and other landscape elements to be placed in a development.

Landscaping – Not only trees, grass, bushes, shrubs, flowers, and garden areas, but also the arrangement of fountains, patios, decks, street furniture, and ornamental concrete or stonework areas and artificial turf or carpeting, but excluding artificial plants, shrubs, bushes, flowers, and materials in movable containers.

Laundromat – An establishment providing washing and drying machines on the premises for rental use to the general public for family laundering purposes.

Laundry services – Establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as “personal services, general.” Typical uses include laundry agencies, diaper service, or linen supply services.

Library service and cultural exhibit – The preservation and/or exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collections of books, manuscripts, and so forth for study and reading, but excludes private galleries whose primary purpose is the display and sale of art objects.

Limited manufacturing – Establishments engaged in the on-site production of goods by hand manufacturing (only the use of hand tools or light mechanical equipment) primarily for direct sale to consumers of those goods produced on site or other similar goods with no outside open storage permitted. Typical uses include ceramic studios, candle-making shops, woodworking, custom jewelry manufacturers, small furniture shops, or instruction studios for similar arts and crafts.

Loading space – An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

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

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

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

Lodging house – A building other than a hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangements, but not open to the public, and meals and drinks are not served.

Lot – A single unit of land legally created by a subdivision of land. A parcel of land used or which is capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation. “Lot” shall also mean the individual leaseholds within an approved manufactured home park.

Lot area – The computed area contained within the lot lines; said area to be exclusive of street or alley rights-of-way.

Lot, building – Land occupied or to be occupied by a building and its accessory buildings.

Lot, corner – A lot abutting on two intersecting streets other than an alley with a boundary line bordering on each of the streets.

Lot coverage – That percentage of the total lot area covered by structures, including decks and all other projections, except eaves (up to three feet), and all other impervious surfaces.

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

Lot, flag – A lot the developable portion of which is separated from the public right-of-way to which the lot has direct access by a narrow strip of land often used as a driveway. Creation of a flag lot is subject to additional standards in this code.

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

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

Lot line – The property line bounding a lot.

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

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

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

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

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

Lot, through – An interior lot having a frontage on two streets and/or highways.

Lot width – The horizontal distance measured at the building setback line between the two opposite side lot lines. Average lot width shall be the average of the front and rear lot lines.

Lounge – A building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on premises.

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 title.

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

Major Remodeling. See “Substantial improvement.”

Manufactured home – A structure, transportable in one or more sections, as defined by ORS 446.003, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a recreational vehicle.

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

Map – A final diagram, drawing, or other writing concerning a land partition.

Marijuana processing – As defined under ORS 475B.015(25)(a) – Cannabis.

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

Marketplace retail sales – Commercial premises of at least 5,000 square feet which are planned and developed as a market and which may have multiple occupancy by business firms having common access or open air access from a public right-of-way. Example businesses located in the marketplace include farmer’s market and fish market.

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

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

Mining and processing – Places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil, or gas and/or the on-site processing and production of mineral products. Typical uses are borrow pits, oil and gas drilling, concrete batch plants, sand, gravel and aggregate processing plants, or coal processing plants.

Mixed-use zoning – Zoning that permits a combination of typically separated uses within a single development. A planned unit development is an example of mixed-use zoning. “Mixed use” in an urban context refers to usually a single building with more than one type of activity taking place within its confines. An example of a mixed-use development might have commercial uses on the ground floor, office above them, and residential units above the office. Other combinations of uses may also occur in this type of setting.

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

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

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

Mural – Any pictorial or graphic decoration, other than a sign, which is applied directly to a structure and is neither used for, nor intended to achieve the purposes of, advertising by the use of lettering or script to draw attention to or to direct the observer to a particular business or business location, nor to draw attention to specific products, goods, or services by the use of a brand name, trademark, copyright, or any other device restricted in use without permission of the owner.

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

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

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

Night club – An establishment that has a capacity for at least 30 persons seated at tables and the bar employs a bartender and maintains table service, dancing, and/or live entertainment for the guests.

Nonconforming – One or more elements of a development, such as setbacks, screening, height or parking area requirements that was created in conformance with the development regulations then in effect but which subsequently, due to a change in the zone or zoning regulations, does not conform to the current regulations imposed by this title or amendments thereto.

Nonconforming lot – A lot that does not comply with currently applicable city regulations.

Nonconforming use – A use of land which lawfully existed at the time the ordinance codified in this title, or any amendment thereto, becomes effective, but which does not conform to the current regulations imposed by this title or such amendment thereto.

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

Occupancy – The physical placement of a structure on land, or the utilization of land on a temporary or permanent basis. This includes existing structures built prior to the enactment of the ordinance codified in this title that do not have authorization by virtue of a valid permit issued.

Office – A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Off-street parking – The minimum off-street, on-site parking of vehicles that shall be provided under the terms of this title.

Open space – Land perpetually set aside and maintained for the conservation/preservation of natural features or scenic amenities, for the buffering of a use within or adjacent to the development, for solar and wind access, or for bicycle/pedestrian access ways. These lands shall remain undeveloped except for natural or landscaped vegetation.

Ordinance – A law set forth by governmental authority; a development regulation adopted by the legislative branch of the locality.

Overlay zone – A zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond that required by the underlying zones.

Owner – The owner of record of real property as shown on the tax rolls of the county, or person purchasing a piece of property under contract. For the purposes of this title, in terms of violations and binding agreements between the county and the owner, “owner” shall also mean a leaseholder, tenant, or other person in possession or control of the premises or property at the time of agreement, violations of agreement, or the provisions of this title. For the purpose of processing an application for a land use approval or permit under this title, where such application or permit must be filed by an owner, the term “owner” also includes a governmental entity contemplating acquisition of a parcel for a use which would require such permit or approval.

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

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

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

Parking service – Parking services involving public garages and lots.

Parking space – A rectangle not less than eight feet five inches wide and 16 feet long, together with access and maneuvering space, sufficient to permit a compact automobile to be parked within the rectangle without the necessity of moving other vehicles; said rectangle to be located off the street right-of-way.

Parking space, compact – A rectangle not less than seven feet five inches wide and 15 feet long, together with access and maneuvering space, sufficient to permit a compact automobile to be parked within the rectangle without the necessity of moving other vehicles; said rectangle to be located off the street right-of-way.

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

Partition, land – To divide land into two or three parcels of land within a calendar year, but does not include:

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

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

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

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

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

Plant nursery – An enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels.

Plat – A map, diagram, drawing, replat, or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.

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

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

Preschool facility – An educational center or establishment, including a kindergarten, that provides primarily instruction, supplemented by daytime care, for four or more children between the ages of two and five years, and which operates on a regular basis.

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

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

Private road – That easement or parcel created to provide the access from a city road to short platted lots; the maintenance of this is to be the responsibility of the lot owners.

Professional and administrative service – The conduct of business in any of the following related categories: advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments, and any similar type business.

Professional office – The office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon.

Prohibited use – Any use that is specifically enumerated or interpreted as not allowable in any specific district.

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

Property Line Adjustment. Property line adjustments are changes in the boundary between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed are not thereby created.

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

Public building – Buildings which are owned, operated, and maintained by a public agency such as City Hall, police and fire stations, educational institutions, zoos, museums, and the like.

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

Public safety service – Life safety services together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

Public use – The use of any land, water, or building by a public agency for the general public, or by the public itself.

Public utility – Any person, firm, corporation, governmental department, or board, duly authorized to furnish under government regulations to the public, electricity, gas, communications, transportation, or water.

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

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

Recreational Facility, Low Density and High Density. See “Community recreation.”

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

Recreational vehicle – A vehicle that 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 towed 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.

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

Religious assembly – A religious organization involving public assembly typically occurring in but not limited to synagogues, temples, or churches. The following are religious assembly use types:

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

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

Repair service, consumer – Establishments primarily engaged in repair services to individuals and households rather than firms, but excluding “automotive and equipment” use types. Typical uses include appliance repair shops, apparel repair firms, or musical instrument repair firms.

Residential certified factory-built home park – A parcel of land under single, private ownership which is issued to provide a permanent or semi-permanent location or accommodation for certified factory-built homes. It shall include all buildings as part of the facilities.

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

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

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

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

Retail trade Establishments primarily engaged in providing finished products to individual consumers. Retail trade establishments may include, but are not limited to, apparel, books, groceries, camera shops, convenience stores and automobile service stations.

Retirement home A place of residence for several families or individuals in apartment-like quarters, which may feature services such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities.

Right-of-way A street, alley, or other thoroughfare or easement, whether physically accessible or not, that has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public or private agency until the need no longer exists.

Riparian vegetation Dense, narrow band of vegetation along lakes, streams, rivers, and sloughs. Typical plant species include willow, black cottonwood, red alder, Oregon ash, and western wax myrtle.

Roofline The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

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

Row houses A series of single-family dwelling units that are erected in a row on adjoining lots, each being separated from an adjoining unit by two separate but abutting walls along the dividing lot line.

Scrap operation Places of business primarily engaged in the storage, sale, dismantling, or other processing of used, source-separated, or waste materials which are not intended for reuse in their original form. Scrap operation uses include:

(a) Light. Businesses only engaged in the recycling of household items, such as glass, tin, cardboard, paper, or beverage cans.

(b) Heavy. Except as may be permitted as scrap operation, light, these businesses can include automotive wrecking yards, junkyards, paper salvage yards, or solid waste collection or recycling service, including fleet storage, fleet repair, collection, transportation, disposal or resource recovery of solid wastes.

Screening A device or materials used to conceal adjacent land or development. Screening may include walls, berms, or vegetation that must be of sufficient density to block the view of adjacent land or development from either side of the screen. The screen, if vegetative, shall be planted and maintained to completely block the view of adjacent land or development after 12 months. The screen shall be maintained or constructed at such a density as to block the view to adjacent properties.

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

Setback The minimum allowable horizontal distance from a property line to the nearest vertical wall or other element of a building or structure as defined herein. Setback is not measured from the curb unless the curb also is the property line.

Shopping center A group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size and type of shops to the trade area which the unit serves.

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

Sign Anything whatsoever placed, erected, constructed, posted, or affixed in any manner on the ground or to any post, fence, building, or structure for out-of-doors advertising, but not including devices, structures or representations installed by any governmental authority.

Sign area The size of a sign in square feet of the largest face, measured within any type of perimeter, border, or defined edges or within a background of color if different than the wall upon which it is placed enclosing the outer limits of any sign, excluding essential sign structures, foundations, or supports. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within a standard geometric figure, i.e., rectangle, parallelogram, or triangle, of the smallest size sufficient to cover the entire area of the sign. The area of three-dimensional or spherical signs shall be measured by using the largest cross-section in a flat projection.

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

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

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

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

Soil removal Removal of any kind of soil or earth matter, including top soil, sand, gravel, clay, rock or similar materials or combination thereof, except common household gardening.

Solar access The availability of direct sunlight to solar energy systems.

Solar energy system Any structural element, device, or combination of devices or elements which rely upon direct sunlight as an energy source, including, but not limited to, any substance or device which collects, stores, or distributes sunlight for use in the following: (a) the heating or cooling of a structure or building; (b) the heating or pumping of water; (c) industrial, commercial, or agricultural processes; or (d) the generation of electricity. Use of this term includes passive, active and hybrid systems. Attached solar energy systems shall be considered as a part of the structure or building to which they are attached. Detached solar energy systems shall be considered accessory uses.

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

Spectator sports and entertainment: indoor Those uses conducted within an enclosed building. Typical uses include theaters or meeting halls.

Spectator sports and entertainment: outdoor Those uses conducted outdoors. Typical uses include stadiums or drive-in theaters.

Standard factory-built home A residential housing unit which is built at a location different from the intended site of occupancy but which meets city building, plumbing, heating, and ventilation codes. These units shall be subject to the same regulations as conventionally built units.

Start of construction (for flood damage prevention only) Includes major remodeling, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages, or sheds not occupied as dwelling units or not part of the main structure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Structure A building or any piece of work joined together in some definite manner, which requires location on the ground or is attached to something located on the ground. Under the National Flood Insurance Program, “structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

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

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

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

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

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

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

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

In any one-year period, if improvements to the structure total more than 50 percent of the value of the structure, the structure will be required to be brought up to current floodplain management standards. The one-year period will be a rolling period and start at the completion, or date of finalization, of the oldest improvement within the last 365-day period. At the end of each improvement, the structure must be deemed habitable as defined by the Oregon Building Code.

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

Swale A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.

Tavern A building where beer and/or wine is served to the public, which holds a Class A or B license from the Oregon State Liquor Control Board.

Telecommunications facilities A land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated.

Temporary building or structure A building or structure not having or requiring permanent attachment to the ground or to other structures which have no required permanent attachment to the ground.

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

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

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

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

(c) Lodging. Lodging services involving the provision of room and/or board. Typical uses include hotels or motels.

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

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

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

Trailer A separate vehicle, not driven or propelled by its own power, but drawn by some independent power; to include any portable or movable structure or vehicle including trailers designed for living quarters, offices, storage, or for moving or hauling freight, equipment, animals, or merchandise of any kind, including boats, boat trailers, jet skis, half-tracks, snowmobiles, and the like, not included in other definitions.

Transportation service Transportation offered to the public involving group assembly rather than door-to-door service; may also include the fleet storage of vehicles or cars. Typical uses include bus terminals, railroad depots, or airports.

Travel trailer A vehicle with or without motor power primarily designed as temporary living quarters for recreational, camping, or travel use, and in which the plumbing, heating, and electrical systems contained therein may be operated without connection to outside utilities, being of such size or weight as not to require a special highway movement permit. The term shall include truck campers.

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

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

Use The purpose that land or structures now serve or for which it is occupied, maintained, arranged, designed or intended.

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

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

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

Utility and service Public utilities which have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are electrical and gas distribution substations, sewer pump stations, water reservoirs, and radio, microwave, and telephone transmitters.

Utility substation A subsidiary or branch facility utilizing aboveground structures, which is necessary to provide or facilitate distribution, transmission, or metering of water, gas, sewage, radio signals and/or electric energy and telecommunication signals. Such facilities have a local impact on surrounding properties and may consist of, but are not limited to, the following: (a) water, gas, telecommunication and electrical distribution or metering sites; (b) water or sewage pumping stations; (c) water towers and reservoirs; (d) public wells and any accessory treatment facilities; (e) transmission towers and accessory equipment to provide radio and data communications service, radio paging, or cellular communications service; (f) telecommunication facilities.

Variance A modification of the terms of this title to a particular piece of property which, because of special circumstances, is deprived of privileges enjoyed by other properties of the same zone and which modification remedies the disparity in privileges.

Vehicle sign Advertising copy painted or permanently affixed to lawfully parked and operable vehicles or trailers.

Video sales and rental Commercial establishments engaged in the sale and rental of video equipment, tapes and accessories for home entertainment.

Vision clearance area A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

Visitor information service A service providing visitor information about the city, the region and the state.

Visual obstruction Any fence, hedge, tree, shrub, device, wall, or structure exceeding three and one-half feet in height above the elevation of the top of the curb, and so located on a street or alley intersection as to dangerously limit the visibility of persons in motor vehicles on said streets or alleys. This does not include trees kept trimmed of branches to a minimum height of at least six feet.

Wall-mounted sign A sign affixed directly to or painted or otherwise inscribed on an exterior wall and confined to the limits thereof.

Warehouse A building used primarily for the storage of goods and materials.

Water-dependent A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water. Under the National Flood Insurance Program, “water-dependent” means 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.

Water-oriented use A use located on properties east of Front Street, including the WH-3 subdistrict, in the waterfront heritage zoning district, which is enhanced by a view of, or access to, the waterfront.

Water-related Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.

Watercraft sales/rentals Sales, rental and incidental repairs of watercraft, such as, but not limited to, jet skis, canoes, motorboats, and sailboats. Motorized watercraft and sailboats, where motorized watercraft and sailboats are displayed in the water.

Waterfront The mean high-water line.

Wetlands Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Wholesale, storage, and distributing Establishments or places of business primarily engaged in the wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesale, storage, and distribution use types:

(a) Mini-Warehouse. Storage or warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store materials for operation of an industrial or commercial enterprise located elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant but in no case may storage space in a mini-warehouse facility function as an independent retail, wholesale, business, or service use. Spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses and human occupancy of the spaces shall be limited to that required to transport, arrange, and maintain stored materials.

(b) Light. Wholesale, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms.

(c) Heavy. Open-air storage, distribution, and handling of materials and equipment. Typical uses include monument or stone yards, wood chip storage, or lumber storage.

Yard Open space between the property line and the nearest point at the outermost face of any vertical support, exterior wall line, or foundation of a building.

Yard, front A yard between side lot lines from the front lot line to the nearest point of the building.

Yard, rear A yard between side lot lines from the rear lot line to the nearest point of the building.

Yard, side A yard between the front and rear yard from a side lot line or street side lot line to the nearest point of a building.

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

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

Zone district The same as “district” or “zone.”

Zoning officer The officer who is charged with the administration and enforcement of this title, or an authorized deputy. [Ord. 503 § 1 (Exh. B), 2018; Ord. 490 § 1, 2018; Ord. 486 § 1, 2017; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.140.010].