Chapter 17.335


17.335.010    Generally.

17.335.020    Height of fences and hedges.

17.335.030    Solid waste.

17.335.040    Lighting.

17.335.050    Noise.

17.335.060    Landscaping.

17.335.070    Drive-ins/drive-throughs.

17.335.080    Indoor marijuana-related businesses.

17.335.090    Pedestrian and bicycle access.

17.335.100    Transit facilities.

17.335.110    Zero lot line development.

17.335.010 Generally.

The standards in this chapter apply to development generally within the city of Coos Bay. They can be used in any review process where applicable to evaluate or to set conditions of approval of an application. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.010].

17.335.020 Height of fences and hedges.

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

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

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

(b) Bayshore Drive north of Fir Avenue.

(c) South Empire Boulevard south of Newmark Avenue.

(d) 6th Avenue south of “F” Street.

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

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

17.335.030 Solid waste.

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

17.335.040 Lighting.

(1) Street lighting shall be a required component of all residential, commercial and industrial developments within the city of Coos Bay. Lighting plans shall be a required component of complete preliminary subdivision, partition and site plan applications. All lighting plans shall be approved by the director.

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

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

(b) Rotate, glitter, or flash; or

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

(3) Lighting features on any site shall not exceed 15 feet in height if located on abutting property lines, 25 feet in height for freestanding outdoor light features on industrial property, and a 20-foot height limit for fixtures on all other nonresidential property. [Ord. 532 § 2 (Att. B), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.362.040].

17.335.050 Noise.

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

17.335.060 Landscaping.

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

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

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

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

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

(5) Landscaped areas required for stormwater management purposes may be used to satisfy the landscaping area requirements of this chapter, even though those areas may be inundated by surface water. Required stormwater management facilities are not classified as areas inundated by water.

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

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

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

(b) Parking areas that contain at least seven spaces are required to provide landscaping islands throughout the development. A landscape island shall contain at least 25 square feet, shall be at least four feet wide, and shall prevent vehicles from damaging trees by using a wheel stop or curb.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.335.070 Drive-ins/drive-throughs.

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

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

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

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

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

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

17.335.080 Indoor marijuana-related businesses.

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

(1) Location. The business must be located in a permanent building in the industrial-commercial zone and may not be located in a trailer, cargo container, motor vehicle, recreational vehicle, manufactured home, greenhouse, or building designed and defined by the building code as a residence, nor within 1,000 feet of any residential use in any zone of the city nor within 1,000 feet of another marijuana-related business of the same type.

For the purposes of determining the distance between a marijuana-related business and another marijuana-related business and a marijuana business and a residential use, “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved marijuana-related business to the closest point anywhere on the premises of a proposed marijuana-related business of the same type. If any portion of the premises of a proposed marijuana-related business is within 1,000 feet of an approved marijuana-related business of the same type, it may not be approved. For the purpose of this section, premises are all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, restrooms, and storerooms.

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

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

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

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

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

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

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

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

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

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

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

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

17.335.090 Pedestrian and bicycle access.

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

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

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

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

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

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

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

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

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

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

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

17.335.100 Transit facilities.

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

17.335.110 Zero lot line development.

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

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

(b) The yard setback on the lot contiguous to the zero-lot line development must comply with the requirements of the Oregon Structural Specialty Code.

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

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

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

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

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

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

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

Figure 17.335.110

Examples of Zero Lot Line Development

[Ord. 532 § 2 (Att. B), 2020].