Chapter 17.120
ADMINISTRATION
Sections:
17.120.010 Planning commission.
17.120.020 Planning department.
17.120.050 Conditions of approval.
17.120.060 Administrative authority.
17.120.080 Record maintenance.
17.120.090 Application fee schedule.
17.120.010 Planning commission.
The Coos Bay planning commission (commission) shall consider and take actions consistent with Chapter 2.35 CBMC. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.020 Planning department.
The city council may, at its discretion, create a Coos Bay planning department (department) which shall have such duties, authority and financing as the council deems appropriate. The city manager shall assign a person with the responsibility of directing the activities of the Coos Bay planning department who shall be known as the director. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.030 Review authority.
The review authority is an individual or governing body delegated with the responsibility of issuing a final decision on a land use proposal. The review authorities responsible for issuing final decisions for land use proposals are:
(1) Type I application, director;
(2) Type II application, director;
(3) Type III application, planning commission; and
(4) Type IV application, city council, upon receipt of the recommendation of the planning commission. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.040 Interpretations.
(1) The review authority responsible for making a decision regarding a given application may interpret relevant ambiguous terms in this title in the course of or in advance of making a decision on the merits of the application.
(a) If an interpretation is made in advance of a decision on the merits of an application, the interpretation shall be conducted as a Type I review and shall be included as part of the decision on the merits of the application.
(b) An interpretation may be appealed as part of an appeal of the decision on the merits of an application.
(2) A use that is not listed in any zone or district may be permitted by similar use determination pursuant to Type I process. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.050 Conditions of approval.
The review authority may impose conditions of development approval necessary to either ensure compliance with the purposes of this title, or to preserve and promote the general health, safety and welfare of Coos Bay. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.060 Administrative authority.
(1) Designation of Review Authority and Responsible Official.
(a) Unless otherwise noted, the director is the primary review authority and shall interpret and apply the provisions of the CBDC.
(b) Where noted in the CBDC, the director shall interpret and apply the provisions of the CBDC relating to transportation, water and sewer facilities and all other city infrastructure.
(c) The Coos Bay building official shall interpret and apply the building and construction provisions which the city has adopted.
(d) The Coos Bay fire chief is the responsible official for the purpose of administering the International Fire Code, CBMC 15.05.010(1)(a). [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.070 Enforcement.
The review authority shall determine the applicability of the CBDC for enforcement purposes. All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of the CBDC and shall issue no permit, certificate or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by the CBDC. Any permit, certificate or license issued in conflict with the provisions of the CBDC, intentionally or otherwise, shall be void. The review authority shall be responsible for carrying out the enforcement provisions of this title. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.080 Record maintenance.
(1) The director shall maintain the official Coos Bay comprehensive plan map, zoning map, and other official land use maps and shall, from time to time, update these maps to reflect amendments by the city council.
(2) The city shall maintain the complete record of all land use planning applications and decisions. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].
17.120.090 Application fee schedule.
The city council shall establish a land use application fee schedule which shall be reviewed on a yearly basis. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].