For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use. Accessory structures are of secondary importance or function on the site, and are generally smaller than and detached from the primary structure.
ALLEY. A street which affords only a secondary means of access to property.
ALTERATION. The vertical or horizontal addition to, removal of or from, or physical modification of any exterior part or portion of a historic site or structure. The addition of exterior signs, walls, fences, decks, porches, and the like shall be considered an alteration.
AUTOMOBILE SERVICE STATIONS. A business providing direct services for motor vehicles. Includes gas stations, car washes, and quick lubrication services. Accessory uses may include minor auto repair and tire sales.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
DAYCARE FACILITY. Institution providing daytime care for children or adults that is subject to state licensing requirements.
DENSITY. A measurement of the number of dwelling units in relationship to a specified amount of land. For information on how to calculate density, see § 151.009.
DEVELOPMENT. All improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities.
DWELLING TYPES.
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.
COTTAGE CLUSTER. A grouping of no fewer than 4 detached dwelling units per acre, each with a footprint of no more than 900 square feet, located on a single lot or parcel that includes a common area.
DETACHED SINGLE DWELLING. A detached building containing 1 dwelling unit and designed for occupancy by 1 household only.
DUPLEX. Two dwelling units on a lot or parcel in any configuration (attached or detached, stacked or side-by-side). In instances where a development can meet the definition of a duplex and also meets the definition of a primary dwelling unit with an accessory dwelling unit (ADU), the applicant shall specify at the time of application review whether the development is considered a duplex or a primary dwelling unit with an ADU.
DWELLING UNIT. One or more rooms in a building that are designed for occupancy by 1 household and that have not more than 1 cooking facility, but not a mobile home.
FOURPLEX. Four dwelling units on a lot or parcel in any configuration (attached or detached, stacked or side-by-side).
HOUSEHOLD. A social unit composed of those living together in the same dwelling and sharing living space and kitchen facilities.
MULTI-DWELLING. More than 4 dwelling units on a lot or parcel. The dwelling units may be located in 1 or more structures on the lot or parcel. The dwelling units may be arranged with 1 dwelling unit per structure or with multiple dwelling units within a structure that are separated vertically and/or horizontally. Multi-dwelling developments may include structures that are similar in form to townhouses, cottage clusters, duplexes, or single detached dwellings.
TOWNHOUSE. A dwelling unit constructed in a row of 2 or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least 1 common wall with an adjacent unit.
TRIPLEX. Three dwelling units on a lot or parcel in any configuration (attached or detached, stacked or side-by-side).
FAMILY DAY CARE HOME. A home that is registered or certified by the Oregon Department of Education Office of Child Care to provide child care in the provider's home to not more than 16 children, including children of the provider, regardless of full-time or part-time status.
FRONTAGE. All of the property fronting on 1 side of a street that is between intersecting or intercepting streets, or between a street and a water feature or end of a dead-end street.
GRADE, GROUND LEVEL. The average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within 5 feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.
GROSS ACRES. The total land area of a site measured in acres, which includes in its measurement public streets or other areas to be dedicated or reserved for public use.
GROSS FLOOR AREA. The total area of all floors of a building. Floor area is measured for each floor from the exterior faces of a building or structure. Floor area includes stairwells, ramps, shafts, chases, and the area devoted to garages and structured parking. Floor area does not include the following:
(1) Areas where the elevation of the floor is 4 feet or more below the adjacent right-of-way;
(2) Roof area, including rooftop parking;
(3) Rooftop mechanical equipment; and
(4) Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height for 75% or more of their perimeter.
HAZARDOUS MATERIALS. Substances, which are capable of posing a severe risk to health, safety, or property. The hazard potential of a substance depends on its inherent dangerousness, on the quantity of the material at a site, on how it is stored and how it is used. HAZARDOUS MATERIALS are defined by the U.S. Department of Transportation in 49 C.F.R. pt. 100 through 177. They include explosives, poisons, corrosives, flammables, combustibles, and the like. Consumer commodities of hazardous materials are packaged and distributed in a form intended or suitable for sale through retail outlets or consumption by individuals for purposes of personal care or household use.
HEIGHT OF BUILDING. The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the center height between the highest and lowest points of other types of roofs.
HISTORIC RESOURCE. An individual structure or site of historic significance as defined below, and which is designated as such in the Banks Comprehensive Plan.
HISTORIC SIGNIFICANCE. A building or site with historic significance:
(1) Is associated with a significant historic event or with a person, group of persons, or institution which made a significant contribution to the community, state, or nation;
(2) Represents a distinctive architectural style or building type and includes distinguishing architectural details, materials, or craftsmanship characteristic of a historic architectural style; and/or
(3) The exterior appearance of the building or site must be generally unaltered from the period from which it derives its significance.
HOME OCCUPATION. An occupation or profession carried on by a member or members of the family residing on the premises, which is accessory and subordinate to the primary residential use of the property.
LEVEL OF SERVICE. A measure of traffic conditions at intersections ranging from A (free flow) through F (severe congestion) expressed as a traffic volume to street capacity ratio.
LIVESTOCK. Domestic animals of types customarily raised or kept on farms for profit or other purposes.
LOT. A parcel or tract of land.
LOT AREA. The total horizontal area within the lot lines of a lot exclusive of streets and easements of access to other property.
LOT, CORNER. A lot abutting on 2 or more streets other than an alley, at their intersection.
LOT LINE. The property line bounding a lot.
LOT LINE, FRONT. The lot line separating the lot from the street other than an alley. In the case of a corner lot, the front lot line is the shortest lot line along a street other than an alley. In the case of a through lot, each street has a front lot line.
LOT LINE, REAR. The lot line, which is opposite and most distant from the front lot line. In the case of an irregularly 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 not a front or rear lot line.
LOT WIDTH. The average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
MANUFACTURED HOME. A structure constructed for movement on the public highways, which is designed for use as a permanent residence, but not designed and built to the specifications of the state or county building code for conventional structures in effect at the time of its construction and bearing the US Department of Housing and Urban Development certification label for manufactured homes.
MANUFACTURED HOME PARK. A place where 2 or more manufactured homes are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of the person.
MASTER PLANNED DEVELOPMENT. A development constructed on a tract of land of at least 2 acres, planned and developed as an integral unit. The final site development plan functions as a substitute for the site development regulations of the underlying zoning district.
MIXED-USE BUILDING. A building that contains a portion of floor area devoted to allowed residential uses and a portion of floor area devoted to allowed nonresidential uses.
NONCONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this chapter or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
OWNER. An owner of property or the authorized agent of an owner.
PERSON. A natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or combination acting as a unit.
RESIDENTIAL HOME. A residence providing care for 5 or fewer physically or mentally disabled persons, who need not be related to each other or to any other home resident. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents.
SIGN. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
STREET. A public right-of-way that is open for vehicular and pedestrian traffic.
STRUCTURAL ALTERATION. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.
STRUCTURE. Something constructed or built, or a piece of work artificially built up or composed of parts joined together in some definite manner.
USE. The purpose, for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.
VEHICULAR TYPES.
(1) MOTOR VEHICLE. Vehicles that have their own motive power and are used for the transportation of people or goods. MOTOR VEHICLES include motorcycles, passenger vehicles, trucks, and some types of recreational vehicles.
(2) PASSENGER VEHICLE. A motor vehicle designed to carry 10 persons or less including the driver. PASSENGER VEHICLES include cars, minivans, passenger vans, and jeeps.
(3) RECREATIONAL VEHICLE. A vehicle with or without motive power, which is designed for sport or recreational use, or which is designed for human occupancy on an intermittent basis. RECREATIONAL VEHICLES include campers, motor homes, vacation trailers, off-road vehicles, dune buggies, and recreational boats.
(4) TRUCK. A motor vehicle which is designed primarily for movement of property or special purpose equipment, or a motor vehicle that is designed to carry more than 10 persons. TRUCK includes vehicles commonly called trucks, pick-ups, delivery vans, buses, and other similar vehicles.
(5) LIGHT TRUCK. Light trucks are trucks up to 9,999 pounds gross weight (gvw). LIGHT TRUCKS include Class 1 and 2 of the U.S. Truck Classification System. This group generally includes pickups and delivery vans.
(6) MEDIUM TRUCK. Medium trucks are trucks from 10,000 pounds to 19,499 pounds gvw. MEDIUM TRUCKS include Class 3 through 5 of the U.S. Truck Classification System. This group generally includes step-in vans, minibuses, and some light delivery trucks.
(7) HEAVY TRUCK. Heavy trucks are trucks over 19,500 pounds gvw. HEAVY TRUCKS include Class 6 through 8 of the U.S. Truck Classification System. This group generally includes larger delivery trucks, tractor-trailers, and heavy specialty vehicles such as cement mixers and sanitation compactors.
(8) UTILITY TRAILER. A vehicle designed to be pulled by a motor vehicle, which is used to carry property, trash or special equipment. Includes boat trailers.
VEHICLE AND FARM EQUIPMENT REPAIR. Firm servicing passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles, as well as farm equipment under 19,500 pounds gross vehicle weight. Services may include repairs, painting, upholstery, and bodywork.
VISION CLEARANCE AREA. A triangular area of a corner lot at the intersection of 2 front lot lines, and through which it is necessary to retain vision clearance in the interest of public safety. The 2 legs of the triangle are of equal length and coincide with the 2 front lot lines. The apex is located at the intersection of the front lot lines, extended if
necessary. The base of the triangle extends diagonally across the corner of the lot intersecting the 2 legs an equal distance from the apex. The size of the triangle and other requirements are specified in § 151.205.
YARD. An open space on a lot, which is unobstructed from the ground upward except as, otherwise provided in this chapter.
YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line to the nearest point of a building or other structure. See Figure 1.5-A.
YARD, REAR. A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building or other structure. See Figure 1.5-A.
YARD, SIDE. A yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building or other structure. See Figure 1.5-A.
YARD, STREET SIDE. A yard adjacent to a street between the front yard and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building or other structure. See Figure 1.5-A.
(Ord. 2021-08-02, passed 10-12- 2021)