Chapter 17.372
ADJUSTMENT REVIEW

Sections:

17.372.005    Adjustment review purpose.

17.372.010    Pre-application review.

17.372.015    Application contents.

17.372.020    Review process.

17.372.025    Expiration and extension.

17.372.030    General provisions.

17.372.040    Approval criteria.

17.372.050    Modification of adjustment review.

17.372.005 Adjustment review purpose.

Adjustment review can facilitate creative and innovative development strategies while accommodating the intent and directives of the comprehensive plan and compliance with the state of Oregon and city of Coos Bay health and safety requirements. Development and subdivision projects may utilize the adjustment review process for this purpose. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.010 Pre-application review.

Adjustment review is subject to pre-application review application contents specified by CBDC 17.130.035 for development applications. Adjustment review applications related to subdivisions are also subject to the pre-application requirements specified in CBDC 17.367.010. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.015 Application contents.

(1) As specified in CBDC 17.130.040.

(2) As specified in CBDC 17.367.030 if the application includes a subdivision.

(3) Project plans prepared by an Oregon licensed architect for a development project, and an Oregon licensed surveyor or engineer for a subdivision. For a subdivision application, plans shall also include boundaries of the proposed area, a written explanation of the purpose of the area, planned improvements description and the manner in which the area will be perpetuated, maintained, and administered.

(4) Demonstrate consistency with the purpose and intent of the standard or standards being requested for adjustment. Note how the deviation of the purpose of the standard (or standards if more than one adjustment is requested) will still allow compliance with the standard (or standards) general purpose.

(5) If the project area is in a residential zone, specify how the proposal is compatible with adjacent development (one block minimum).

(6) If more than one adjustment is being requested, identify the effect of all adjustments and how granting the adjustments will still result in a project that is consistent with the purpose of the zoning district where the project is located. If only one adjustment is requested, this requirement does not apply. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.020 Review process.

(1) Review of a technically complete adjustment review application associated with other land use application(s) subject to this title shall be processed and reviewed concurrently with the associated application(s).

(2) CBDC 17.130.020(4)(b) or (4)(c): identify the land use review process for adjustment review; the process is based upon the project size, type and/or scope. The review process for an adjustment review related to a subdivision is also subject to the review process requirements of CBDC 17.367.020. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.025 Expiration and extension.

Authorization of an adjustment review is subject to expiration and extension timeframes specified in CBDC 17.130.140, Expiration and extension of decisions. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.030 General provisions.

(1) Adjustment Types.

(a) Class 1 – An adjustment to density not to exceed five percent and/or an adjustment to any CBDC numerical development standard in the CBDC that increases or decreases the standard by not more than 10 percent.

(b) Class 2 – An adjustment to any CBDC development standard other than density or a Class 1 adjustment, including an adjustment to any numerical development standard in the CBDC that increases or decreases the standard by more than 15 percent.

(2) Adjustment review may not be used for modification of:

(a) A use or activity not allowed under the CBDC or CBCP.

(b) The status of a use or activity under the CBDC.

(c) A definition or use application.

(d) A use standard.

(e) The applicability of any CBDC requirement.

(f) A prohibited use or standard.

(g) A CBDC procedural requirement.

(h) A condition of approval placed on a property through a previous planning action.

(3) No adjustment shall be allowed that conflicts with the city’s comprehensive plan, the Coos Bay Municipal Code or any state or federal requirements or limitations to protect natural resources and/or public safety.

(4) In granting an adjustment the review authority may attach conditions to protect the health, safety and welfare of the public and to mitigate adverse impacts which might result from the approval. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.040 Approval criteria.

(1) The following approval criteria applies to any adjustment review authorization:

(a) Granting the adjustment will equally or better meet the purpose of the regulation to be modified.

(b) The cumulative impact of more than one adjustment results in a project which is still consistent with the overall purpose of the zone (this finding applies when more than one adjustment is requested).

(c) Reasonable economic use of the site would be adversely impacted with the application of the development standard being requested for adjustment.

(2) The following criteria applies to Class 1 adjustment review authorization:

(a) The purpose underlying the specific development standard proposed for adjustment is:

(i) Clearly inapplicable to the proposed development; or

(ii) Clearly satisfied by the proposed development; and

(iii) The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property.

(3) The following criteria applies to Class 2 adjustment review authorization:

(a) The purpose underlying the specific development standard proposed for adjustment is:

(i) Clearly inapplicable to the proposed development; or

(ii) Equally or better met by the proposed development.

(b) The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property.

(c) If more than one adjustment has been requested, the cumulative effect of all the adjustments results in a project which is still consistent with the overall purpose of the zone.

(d) The adjustment will enable the project to provide a CBCP public benefit or accommodate an affordable housing need. [Ord. 541 § 6 (Exh. 1), 2021].

17.372.050 Modification of adjustment review.

(1) Applicability. An adjustment may be modified after its effective date if the proposed modification meets the criteria in this section. Proposed modifications that do not meet the criteria in this section require submittal of a new application for adjustment.

(2) Submittal Requirements. An application for modification of a Class 1 or Class 2 adjustment approval shall include the information required by CBDC 17.372.015.

(3) Criteria. An application for modification of a Class 1 or Class 2 adjustment approval shall be granted if all of the following criteria are met:

(a) The proposed modification does not substantially change the original approval; and

(b) The proposed modification will not result in significant changes to the physical appearance of the development, the use of the site, and the impacts on surrounding properties.

(4) Expiration. The effect of a modification upon the expiration period of the original approval, if any, shall be established in the modification decision. [Ord. 541 § 6 (Exh. 1), 2021].