For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. The way or means by which pedestrians and/or vehicles enter and leave property.
ACCESSORY STRUCTURE. A detached structure subordinate and normally incidental to the main use of a property and located on the same lot as the main use.
ACCESSORY USE. A use subordinate and normally incidental to the main use of a property and located on the same lot as the main use.
AIRPORT. A tract of land or water that is maintained for the landing and take off of aircraft and for receiving and discharging passengers and cargo and the repair, storage, and supplying of aircraft.
ALLEY. A public way, providing a secondary means of access to property.
ALTER. To change any of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
APPEAL. A request for a review of a decision.
AQUACULTURE. The raising, feeding, planting, and harvesting of fish, shellfish, or marine plants, including facilities necessary to engage in the use.
AREA OF SHALLOW FLOODING.
(1) A designated AO or AH Zone on the flood insurance rate map (FIRM). Wherein base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(2) AO is characterized as sheet flow and AH indicates ponding.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain subject to a 1% or greater chance of flooding in any given year. Designation on maps always includes the letter A or V.
AUTOMOBILE.
(1) REPAIR GARAGE. A use providing for the major repair and maintenance of motor vehicles and includes any mechanical and body work, straightening of body parts, painting, welding, or storage of motor vehicles not in operating condition.
(2) SERVICE STATION. Any premises used for supplying gasoline, oil, minor accessories, and services, excluding body and fender repair, for automobiles at retail direct to the customer.
(3) WRECKING YARD. Any property where two or more vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structure used for the wrecking or storing of such motor vehicles or the parts thereof.
BASE FLOOD (100-YEAR FLOOD). A flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. A portion of a building which has less than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground, and not deemed a story unless the ceiling is six feet or more above the grade.
BASEMENT (FLOOD HAZARD ZONE). Any area of the building having its floor subgrade (below ground level) on all sides.
BLOCK. An area of land which contains one or more tax lots and which is normally bounded on all sides by streets. A BLOCK must be bounded on at least one side by a street, and may be bounded on the remaining sides by streets, unsubdivided land, streams, the ocean, or any combination thereof.
BOUNDARY LINE. The line defining the perimeter of a lot, parcel, area, or tract of land.
(1) FRONT LINE. The BOUNDARY LINE separating the lot or parcel from the street, other than an alley. In the case of a corner lot or parcel, the shortest BOUNDARY LINE along a street, other than an alley, or in the case of a lot or parcel which does not front directly upon a public street, that line toward which most houses in the immediate area face.
(2) REAR LINE. A BOUNDARY LINE which is opposite and most distant from the front line. In the case of an irregular, triangular, or other shaped lot or parcel, a line which is a minimum of ten feet in length, parallel to and at maximum distance from the front line, connecting at least two side lines.
(3) SIDE LINE. Any BOUNDARY LINE not a front or rear line.
BREAKAWAY WALL. A wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING. A structure built or assembled for the support, shelter, or enclosure of persons, animals, or property.
BUILDING HEIGHT.
(1) ESTABLISHING SETBACKS. The setback from structures to property lines shall be based on the height of the building on the side in question. The height of the side shall be measured from the lowest grade to the highest point of the building.
(2) HEIGHT LIMITATION. On all lots, except those described in division (3) below, the height of a building is the vertical distance above the lowest finished grade measured to the highest point of the building.
(3) HEIGHT LIMITATION ON RESIDENTIAL LOTS WITH 20% SLOPE OR GREATER. On residential lots where the average pre-construction elevation of the ground within the building footprint slopes more than 20%, the height is measured from the average finished grade around the building to the highest point of the building, or the average pre-construction elevation of the land within the building footprint to the highest point of the building, whichever results in the lowest elevation for the top of the building. The property owner is responsible for submitting documentation of pre-construction elevations.
BUILT. Created by assembling basic elements such as foundations, floors, walls, roofs, plumbing, and wiring systems, and the like, by following step-by-step construction procedures.
CAMPGROUND. A development providing for transient lodging accommodations and similar needs resulting from the demand generated by outdoor recreation activities, and which may include structural improvements, such as covered cooking areas, lodges, or other group facilities, and cabin or travel trailer sites designed for temporary occupancy.
CARPORT. A covered shelter for an automobile open on two or more sides.
CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for CEMETERY purposes, including columbariums, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
CHILD CARE. The care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, during a part of the 24 hours of the day, with or without compensation.
CHRISTMAS TREES. Cultured trees:
(1) Grown on land used exclusively for that purpose, capable of preparation by intensive cultivation methods, such as plowing or turning over the soil;
(2) Of a species for which the Department of Revenue requires a “Report of Christmas Trees Harvested” for purposes of ad valorem tax;
(3) Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the U.S. Department of Agriculture; and
(4) Evidencing periodic maintenance practices of shearing for Douglas Fir and pine species, weed and brush control, and one or more of the following practices: basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation, and irrigation.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLEAR VISION AREA. A triangular area at the street or highway corner of a corner lot, or the alley-street intersection of a lot, the space being defined by a line across the corner, the ends of which are on the street or alley right-of-way lines at an equal and specified distance from the corner and containing no planting, walls, structures, or temporary or permanent obstruction exceeding three and one-half feet in height above the curb level.
CLEARING. The removal of vegetation from a site wherein the root system of the vegetation is disturbed. CLEARING does not include gardening activities.
CLINIC. A building utilized by persons licensed by the state to treat or analyze medical or surgical needs of humans on an out-patient basis.
COASTAL HIGH HAZARD AREA. The area subject to high velocity water, including but not limited to storm surge or tsunamis. The area is designated on the FIRM as Zone V1-V30, VE, or V.
COMMERCIAL FISHING GEAR. Crab traps, fish traps, fishing lures; ropes or lines pertaining to crab or fish traps, including buoys and floats; plastic totes or tubs used for storage of line and longline gear; rigging, which includes poles, extensions, stays, and/or booms, or mast gear from salmon or tuna fishing; and spools and winches (girdies, power blocks, and occasional gill net reel), excluding drag nets or gear.
COMMISSION. Depoe Bay Planning Commission.
COMMON PROPERTY. A lot(s), parcel, or tract together with the improvements thereon, the use and enjoyment of which are shared by owners and occupants of individual building sites in a planned development or standard subdivision.
COMMUNITY CENTER. A facility owned and operated by a governmental agency or a non-profit community organization, provided that the primary purpose of the facility is for recreation, social welfare, community improvement, or public assembly, and further provided that no permanent commercial eating or drinking facilities shall be operated on the premises.
COMPREHENSIVE PLAN. The adopted Comprehensive Plan for the city as defined in the applicable latest state statute.
CONDOMINIUMS. A form of ownership where buildings are subdivided into individual units such that each owner only owns his or her own unit and the air space occupied by it. The portion of land upon which the building is situated, the surrounding grounds, party wails, corridors, services other than those within independent units, such as electrical, water gas, sewers, and the like, become joint responsibilities of all the owners. CONDOMINIUMS include any properties subject to the Oregon Condominiums Act, the applicable statute of the latest state statute, and being O.R.S. 100.005 et seq.
DAY CARE FACILITY. A facility accommodating fewer than 13 children for the purposes of day care in the provider’s home or meeting the definition and standards as contained in the applicable statute of the latest state statute. The providers’ children are included for the purposes of this definition.
DECK; ENCLOSED. A covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
DECK; UNENCLOSED. A non-covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
DENSITY. The number of dwelling units within a specified land area.
DETRIMENTAL. Causing obvious and excessive harm or injury.
DEVELOPMENT. Any human-made change or improvement involving buildings, structures, mining, dredging, filling, grading, paving, excavation, or drilling.
DEVELOPMENT (FLOOD HAZARD ZONE). Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, clearing, paving, excavation, or drilling operations.
DRAINAGEWAYS. The streams, channels, springs, lakes, ponds, reservoirs, ponding areas, and wetlands indicated in the LWI and the storm water master plan maps of existing facilities.
DWELLING. A building or portion thereof which is owned or occupied in whole or in part as a residence by one or more families but excluding tourist accommodations.
DWELLING; MULTI-FAMILY. A building consisting of three or more dwelling units with a common roof and common foundation designed and used exclusively for the occupancy of three or more families living independently of each other and having housekeeping facilities for each family.
DWELLING; SINGLE-FAMILY. A detached dwelling designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family.
DWELLING; TWO-FAMILY (DUPLEX). A building consisting of two separate dwelling units with a common roof, a common wall, or a common foundation designed and used exclusively for the occupancy of two families living independently of each other, and having housekeeping facilities for each family.
EASEMENT. A non-possessory interest in the real property of another granted for a specific purpose.
EROSION. The wearing away of the ground surface as a result of the movement of wind and water.
EXCAVATION. The mechanical removal of earth material
FAMILY. An individual or two or more persons related by blood, marriage, adoption, or legal guardianship, plus all foster children, living together as one housekeeping unit using one kitchen, and providing meals and/or lodging to not more than two additional persons; or a group of unrelated persons, living together as one housekeeping unit using one kitchen.
FAMILY DAY CARE PROVIDER. A day care provider who regularly provides day care in the provider’s home in the family living quarters.
FENCE. Consists of either a continuous fence, wall, evergreen planting, or combination thereof, constructed or planted so as to effectively act as a screening of view or for security.
FILL. The deposit of earth material placed by artificial means.
FISH HABITAT. Wetland and riparian areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
FLAG LOT. A lot, the major portion of which has access to a road or street by means of a narrow strip of land called the “staff.”
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow in inland or tidal waters; and/or
(2) The unusual and rapid accumulation of run-off of surface waters from any source.
FLOOD FRINGE. The area of the floodplain lying outside the floodway.
FLOOD HAZARD AREA; SPECIAL. Areas in the city identified by the Federal Insurance Administration in the Flood Insurance Study for Depoe Bay, dated July, 1978, with accompanying FIRM as amended and all other flood prone areas.
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.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
FLOODING ANALYSIS; STEP-BACKWATER. An engineering analysis developed by the Army Corps of Engineers to evaluate hydrostatic and hydrodynamic forces within the floodplain.
FLOODING; SHALLOW.
(1) Areas where the base flood depth is between one to three feet, a clearly defined channel does not exist and the path of flooding is not determinable.
(2) Areas of
SHALLOW FLOODING are identified on the FIRM as A-O Zones.
FLOODPLAIN. The area shown on zoning maps for the city as being subject to inundation by delineation of a base flood as determined by the U.S. Army Corps of Engineers or other means, or in absence of such delineation, subject to inundation by the highest flood of record in the area as determined by the city.
FLOODPLAIN CROSS-SECTION. A profile of the ground surface perpendicular to the center line of a stream or tidal estuary.
FLOODPLAIN DEVELOPMENT. Any human-made change or improvement involving buildings, structures, mining, dredging, filling, grading, paving, excavation, or drilling that alters in any way the floodplain.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY FRINGE. The portion of the floodplain lying outside of the designated floodway.
FOREST PRODUCTS. Trees or any wood materials suitable for the production of lumber, sheeting, pulp, firewood, or other commercial forest products, except trees gown to be Christmas trees as defined in the applicable statute of the latest state statute.
FOREST PRODUCTS; PRIMARY USES OF. The use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market.
FOREST USE. The use of land for the primary purpose of growing and harvesting of forest tree species.
FRACTIONAL OWNERSHIP. Real property where multiple (two or more) people or entities share the ownership and typically gives the owners certain privileges, such as a number of days or weeks when they can use the property. In residential zones, a FRACTIONAL OWNERSHIP shall not be operated as a tourist accommodation or for transient or short-term occupancy, such as, if the periods of occupancy by any person are less than 30 consecutive days and the arrangement provides consideration to the operator.
GRADE (GROUND LEVEL). The average elevation of the finished ground elevation at the centers of all walls of a building.
GRADE; FINISHED. The finished surface of the ground at the building perimeter once all grade alteration is completed.
GRADING. The process of changing the topography of the ground surface.
HABITABLE FLOOR. Any floor usable for working, sleeping, eating, cooking, recreation, or other living purpose.
HARBOR COMMISSION. The Harbor Commission of the city.
HARDSHIP. A situation or circumstance which creates or causes unusually hard circumstances of conditions for the applicant or property owner and which do not arise from the applicant’s or property owner’s own conduct.
HIGH WATER LINE OR MARK. The high water elevation as shown on the County Assessor’s records, or as determined by the County Surveyor, based upon the line where normal high water elevation results in a pronounced change in vegetation characteristics.
HOME OCCUPATION; TRANSPARENT. The regular or continuing use of a dwelling for business purposes, which business use is customarily incidental and subordinate to the residential use of the dwelling, involving the sale of goods and/or services, or creation of handicrafts, artwork, documents, or any other form of work product, provided that the sale, service, or process of creation of product meets the following standards:
(1) No business related vehicular or pedestrian traffic, including customers or delivery persons (other than U.S. mail or package delivery services);
(2) No on-premise sign identifying the business and no off-premise sign identifying the street address of the business;
(3) No noise, lights, dust, smoke, odors, or electromagnetic frequencies generated which interfere with surrounding residential or commercial uses, such as, telephone, television, radio, or computer;
(4) No commercial vehicles, such as trucks, vans, or trailers parked on the premises or within two blocks on the street which identifies the business;
(5) No storage or use of any materials which present an increased risk of hazard or danger to the dwelling, the premises, or surrounding structures as compared to domestic use products found within dwellings, such as, explosion, pollution generation, and fire; and
(6) A city business license is obtained and maintained in good standing for the location.
HOMEOWNER’S ASSOCIATION. An incorporated organization operating under a recorded land agreement through which each lot owner in a planned development or other described land area is automatically a member, and 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.
HORTICULTURE. The cultivation of plants, garden crops, trees, and/or nursery stock.
HOSPITAL. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care with nursing service on a continuous basis.
JUNK YARD. Any property utilized for breaking up, dismantling, sorting, storing, distributing, buying, or selling of any scrap waste material, junk, or used equipment or machinery of any nature.
KENNEL. A lot or building which provides for the keeping of four or more dogs, cats, or animals at least four months of age where such animals are kept commercially for board, propagation, training, or sale.
LIVESTOCK. Domestic animals and fowl of types customarily raised or kept on farms for profit or other purposes. This definition does not include household pets, such as dogs or cats. For purposes of this chapter, the definition of farm and farm use shall be as stated in the applicable statute of the latest state statute.
LOADING SPACE. An off-street space or berth on the same lot or parcel with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which space or berth abuts upon a street, alley, or other appropriate means of access.
LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use and area, and to provide such yards and other open spaces as are herein required. LOTS shall have frontage on a public street or easement approved by the city.
LOT AREA. The total horizontal area within the lot lines of a lot, exclusive of streets or easements of access to other property. The staff portion of a flag lot shall not be used in computing the size or area of the lot for zoning or building purposes.
LOT CORNER. A lot abutting on two or more streets other than an alley, at their intersection. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street other than an alley shall be considered frontage, and yards shall be provided as indicated under yards in this section.
LOT LINE. The property line bounding a lot.
LOT LINE; FRONT. The property line separating the lot from the street, other than an alley. In the case of a corner lot, the shortest property line along a street, other than an alley, or, in a case where the lot does not front directly upon a public street, that lot line toward which most houses in the immediate area face.
LOT LINE; REAR. The lot line or lines opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE; SIDE. Any lot line or lines not a front or rear lot line. An interior SIDE LOT LINE is a lot line common to more than one lot or to the lot and an alley; an exterior SIDE LOT LINE is not a lot line common to the lot and a street other than an alley.
LOT OF RECORD. Any unit of land created as follows:
(1) A lot in a platted subdivision;
(2) A lot created by minor or major land partitioning;
(3) A unit of land for which a survey was filed and which conformed to all applicable regulations at the time of filing; or
(4) A unit of land described by a deed, or by metes and bounds, provided, however, that contiguous units of land so created and under the same ownership and not conforming to a minimum parcel size required by the current zoning shall be considered one lot of record.
LOT OF RECORD; NON-CONFORMING. A parcel of land which lawfully existed as a lot in compliance with all applicable ordinances and laws at the time of creation, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the lot dimension requirements for the zoning district in which it is located.
LOT WIDTH. The average horizontal distance between the side lot lines, measured perpendicular to a line connecting the mid points of the front and rear lot lines.
LOT; INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT; THROUGH. An interior lot abutting on streets, other than an alley, or both of the opposite, exterior lot lines.
LOWEST FLOOR. The LOWEST FLOOR of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the 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 non-elevation design requirements.
MANAGER/OWNER/CARETAKER RESIDENCE. A residence, secondary to the main use of the property, for the sole purpose of providing living quarters for the owner, operator, or caretaker of a new or on-going commercial or industrial enterprise.
MANUFACTURED DWELLING.
(1) As defined by the applicable state statute.
(a) MOBILE HOME. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that 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.
(b) RESIDENTIAL TRAILER. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed before January 1, 1962.
(2) MANUFACTURED DWELLING does not mean any building or structure subject to the Structural Specialty Code adopted pursuant to O.R.S. 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer or qualifying as a “recreational vehicle” as defined by state law, O.R.S. 446.003.
MANUFACTURED HOME. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed in accordance with the federal manufactured housing construction and safety standards regulations in effect at the time of construction.
MANUFACTURED HOME (FLOOD HAZARD ZONE). A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, MANUFACTURED HOME also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, MANUFACTURED HOME does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL (M.S.L.) The average height of the surface of the sea for all stages of the tide.
MINE (QUARRY). Premises from which any rock, sand, gravel, stone, topsoil, clay, mud, peat, or other mineral is removed or excavated as an industrial or commercial operation, and exclusive of excavating and grading for streets and roads and the process of grading a lot preparatory to the construction of a building for which a permit has been issued by a public agency.
MOBILE HOME/MANUFACTURED DWELLING PARK. A facility where four or more manufactured dwellings 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 such person. MOBILE HOME/MANUFACTURED DWELLING PARK does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision or partition was approved by the city.
MOBILE VENDING STAND. A structure, cart, trailer, or stand which is movable from place to place, and is used for the purpose of selling foods, soft drinks, and other non-alcoholic beverages to the public directly or indirectly and is equipped to dispense food or beverage and/or prepare the food or beverage for consumption. A MOBILE VENDING STAND does not contain space for customers to enter the stand to purchase or consume products.
NATIVE PLANTS; NATIVE VEGETATION. Plant species that grow and propagate themselves in coastal shoreland areas along the central Oregon coast through natural processes, are adapted to the weather, soils, and hydrology of the area, and which have evolved in the area or been introduced to the area by natural causes. These plant species are to be distinguished from plant species which have been deliberately or accidentally imported or introduced from other areas by humans or human activities.
NEW CONSTRUCTION. Structures with respect to which the START OF CONSTRUCTION has commenced.
NON-CONFORMING STRUCTURE. Structure or land, or structure and land in combination, which was lawfully established in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance, no longer conforms to the setback, height, maximum lot coverage or size, or other building development requirements of this chapter.
NON-CONFORMING USE. Use of structure or land, or structure and land in combination which was lawfully established in compliance with all applicable ordinances and laws, but which, because of the application of subsequent zoning ordinance, no longer conforms to the use requirements for the zoning district in which it is located.
OUTDOOR RECREATION ACTIVITY. Includes fishing, camping, swimming, clam digging, hunting, boating, hiking, horseback riding, and similar uses which require few, if any, related structural improvements.
OUTDOOR RECREATION DEVELOPMENT. Includes those private structural or other improvements customarily found in connection with outdoor recreation activities. Such improvements may include picnic or campground improvements, riding stables, or organization recreation facilities. Such development excludes commercial amusement uses, such as miniature golf course, go-cart tracks, and similar uses.
OWNER. The OWNER of record of real property as shown on the tax rolls of the county, or a person who is purchasing a parcel of property under contract.
PARCEL. A unit of land that is created by division of land.
PARK. A tract of land set apart and devoted for the purposes of pleasure, recreation, and open space for the general public.
PARKING AREA. A designated area containing four or more parking spaces that has access and provides maneuvering area external of the road right-of-way.
PARKING SPACE. An off-street enclosed or unenclosed surfaced area meeting minimum ordinance requirements exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, connected with a street or alley which affords access for automobiles.
PARTITION. Either an act of partitioning land or an area or tract of land partitioned as defined in the applicable statute of the latest state statute.
PARTITION LAND. To divide an area or tract of land into two or three parcels within a calendar year, but does not include:
(1) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for sale of real property, or the creation of cemetery lots;
(2) 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 as reduced in size by the adjustment complies with this chapter; or
(3) A sale or grant by a person to a public agency or public body for state highway, county road, city street, or other right-of-way purposes provided that such road or right-of-way complies with the Comprehensive Plan and the applicable state statute.
PERFORMANCE AGREEMENT. A form of security (such as, bond, letter of credit, real property security instrument, or security interest in personal property) acceptable to the city to ensure completion of the conditions of construction, as required under this chapter.
PERMIT. A written and approved authorization for any department.
PERSON. A natural person, his or her heirs, executors, administrators; or assigns, or a form of business entity recognized under state law, its heirs or successors or assigns; or the agent of any of the aforesaid, or any political subdivisions, agency, board, or bureau of the state.
PIER. A fixed moorage facility constructed outward from the shoreline.
PLANNED DEVELOPMENT (P-D). A development in which the applicable subdivision and zoning restrictions apply to the development as a whole rather than to each individual lot, and which is approved under § 152.042 of this chapter.
PLANNING COMMISSION. The Planning Commission of the city.
PLAT. A final map and other writing containing all the descriptions, locations, specifications, provisions, and information concerning a partition or subdivision.
POND. A small body of intermittent or perennial standing water that is a persistent feature of the landscape.
PRE-FABRICATED OR MODULAR DWELLING. A building or sub-assembly which has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site and constructed in accordance with the State Building Specialty Codes as defined by state statute, but does not include a manufactured dwelling, trailer, or recreational vehicle.
PRINCIPAL USE. The intended and primary use of a structure or parcel of land.
PUBLIC UTILITY. Any corporation, company, individual, association of individuals, or its lessees, trustees, or receivers, that owns, operates, manages, or controls all or any part of any plant or equipment for the conveyance of telephone messages with or without wires, for the transportation as common carriers or for the production, transmission, delivery, or furnishing of heat, light, water, or power, directly or indirectly to the public.
RECREATION VEHICLE (RV). A temporary shelter for travel and recreation purposes, which is licensed as a motor home, camper, or travel trailer.
RECREATIONAL VEHICLE PARK. A development designed primarily for transient service in which travel trailers, pick-up campers, tent trailers, and self-propelled motorized vehicles are parked and used for the purpose of supplying to the public a temporary location while traveling, vacationing, or recreating.
REPLAT. A map of the reconfiguration of lots and easements of a recorded subdivision or partition or partition plat and other writing containing all the descriptions, locations, specifications, dedications, and provisions and information concerning a recorded subdivision.
RESERVE STRIP. A strip of land one-foot in width abutting a road for the purpose of controlling access.
RESIDENTIAL FACILITY. Facility licensed by or under the authority of the Department of Human Resources under the applicable state statute.
RESIDENTIAL HOME. A residence, except nursing homes, operated as a group home for mentally or physically handicapped persons which may require the assistance of on-site caregivers.
RESORT. Any area of land or water used for open-land commercial or private recreation where tourist accommodation and related tourist services are provided in conjunction with such recreational use.
RETAIL SERVICES. Personal or business service establishments. such as a barber or beauty shop, laundry or dry cleaning establishment, tailor shop, or similar establishment.
RETAINING WALL. A wall constructed for the purpose of holding back soil. The height of such a wall is measured from the base of the footing to the top of the wall.
RIGHT-OF-WAY. A strip of land reserved to allow access through or to a parcel of land for purposes such as roads, paths, drainage, and utilities.
RIPARIAN AREA. The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.
RIPARIAN CORRIDOR. Includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.
RIPARIAN CORRIDOR BOUNDARY.
(1) An imaginary line that lies 50 feet inland (or upland), measured on the horizontal, from the top of the bank of an inland stream, or where no bank is discernible, that lies 50 feet inland from the outer edge of non-aquatic vegetation.
(2) Where a wetland or pond is contiguous to a stream, the riparian area shall be measured 50 feet inland (or upland) from the upland edge of the wetland or pond. Where a wetland or pond is not contiguous to a stream, the riparian area shall be measured 25 feet inland (or upland) from the upland edge of the wetland or pond.
RIPARIAN VEGETATION ZONE (OCEAN AND ESTUARY). The area between the point of mean higher high water and 50 feet landward measured on the horizontal.
ROAD (STREET). A public or private way created to provide vehicular access to one or more lots, parcels, areas, or tracts of land, excluding a private way that is created to provide access to such land in conjunction with its use for forestry, mining, or agricultural purposes and excluding pedestrian pathways less than eight feet in width.
(1) ARTERIAL OR MAJOR HIGHWAY. A street designed to carry traffic from one community to another, to carry traffic to and from major traffic generators, and to carry through traffic.
(2) COLLECTOR OR SECONDARY STREET. A street designed to carry traffic between minor streets and the arterial system, to function as primary traffic carriers within a neighborhood, to carry traffic to local traffic generators, and in commercial and industrial areas, provide access to commercial and industrial properties.
(3) CUL-DE-SAC OR DEAD-END STREET. A minor street with only one outlet which provides a vehicular turn-around.
(4) FOREST ROAD. A road being used or maintained in conjunction with forest use.
(5) MINOR STREETS. A street designed to provide access to abutting residential property with only incidental service to through traffic.
(6) PRIVATE ROAD. A road created by easement.
(7) PUBLIC ROAD. A road dedicated for public use.
(8) RURAL ROAD. A road that provides general access to a large area serving rural, residential, farming, forestry, and recreational needs.
SANITARY LANDFILL. The disposal of refuse by a method of compaction approved by the Department of Environmental Quality and covering at the end of each day’s operation with earth to prevent hazards to the public health and safety and to prevent the creation of nuisances.
SCHOOL. Any institution for learning, whether public or private, meeting state accreditation standards.
SETBACK. Is the horizontal distance measured perpendicularly from the lot line to the nearest point of any structure on the lot or parcel.
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 a product, place, activity, person, institution, or business. Each display surface of a SIGN other than two surfaces parallel and back to back on the same structure shall be considered a SIGN.
SKIRT. A durable all-weather material having a finished exterior surface surrounding a mobile home and effectively screening the under-carriage from view.
START OF CONSTRUCTION. The date the building permit was issued, provided that actual START OF CONSTRUCTION or substantial improvement, repair, reconstruction, placement, or other improvement occurs within 180 days of the permit date. START OF CONSTRUCTION requires at least the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. START OF CONSTRUCTION does not include land preparation, such as clearing, grading, and filling; the installation of streets and/or walkways; excavation for basement, footing, piers, or foundation, or the erection of temporary forms; or 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.
STORY. The portion of a building including between a floor and the ceiling next above it, exclusive of a basement.
STREAM. A channel, such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
STREET. See ROAD.
STREET VENDOR. Any person who travels from street to street on public rights-of-way, streets, or other public property with food, beverages, flowers, balloons, or other similar items and offers them for sale.
STRUCTURAL ALTERATION. Any change to the supporting members of a building including foundations, bearing walls, or partitions, columns, beams, or girders, or any structural change in the roof or in the exterior walls.
STRUCTURE. Something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.
STRUCTURE (FLOOD HAZARD ZONE). A walled and roofed building (including a gas or liquid storage tank) that is above ground.
SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar year when such an area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of a year.
SUBDIVISION. An area or tract of land divided into four or more lots within a calendar year.
SUBSTANTIAL DAMAGE (FLOOD HAZARD ZONE). Damage sustained by a structure from any cause as a result of which the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the fair market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure which exceeds 50% of the assessed value of the structure.
SUBSTANTIAL IMPROVEMENT (FLOOD HAZARD ZONE).
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure as determined by a licensed appraiser, 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.
(2) The term does not, however, include either:
(a) 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
(b) Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.
TENTATIVE PLAN. A preliminary diagram showing the design of a proposed partition or subdivision, together with any writing and information that may be required.
TIME-SHARE INTEREST.
(1) Any interest, direct or indirect, in a time-share project. For the purposes of determining whether property, or any part thereof, has been divided into 11 or more undivided interests, and shall thereby constitute a time-share project, there shall be included in the determination of the number of such interests outstanding every person having any form of right, contractual or otherwise, pursuant to which the holder shall have the right to use or possession such portion of such real property or of any improvement thereon, including any interest in any lot, parcel, condominium, or leasehold, whether or not such interest shall constitute an undivided interest in real property or whether the same shall be styled a membership, leasehold, or other contractual agreement whereby a right to possession is created.
(2) For the purposes hereof, an interest held in common by more than one person or entity shall not be deemed to constitute more than one separate interest unless the holders thereof shall have the right, directly or indirectly, whether by written or oral agreement, to use, possess, or enjoy such interest at separate times, or by one of the common owners of such interests. Any interest held solely by a husband and wife as tenants by the entirety, or which is held as joint tenants with right of survivorship solely by brothers and sisters, or solely by husband and wife and their children shall be presumed to constitute but a single interest; interests held in common by other persons shall be presumed to constitute separate interests, which prescription may be rebutted by evidence that the holders of such interests have and enjoy a common right of possession, and do not have the right to possession or use of the premises at separate times or to the exclusion of other holders of such interest.
TIME-SHARE PROJECT.
(1) Any real property and/or improvements upon real property which are subject to any plan or arrangement such that the right to the use and possession of one or more dwelling units thereof shall have been divided into 11 or more interests whereby the holder of such an interest shall have a right to the possession of all or part of one part of the premises subject to such interest, to the exclusion of persons holding other interests therein during any period, whether annually recurring or not.
(2) TIME-SHARE PROJECTS shall include any written or oral, whereby 11 or more common owners shall divide the right to the use or possession of said premises such that each such owner shall have a period during which such owner shall have the right to the use of such premises to the exclusion of others, whether or not such right shall be expressly designated as a separate ownership interest, and shall also include all such real property and improvements or interests therein as any part of which may be owned or possessed by a single entity, such as a corporation or partnership, if such entity shall hold title in trust or otherwise subject to an agreement or arrangement whereby 11 or more possesory interests are created.
(3) TIME-SHARE PROJECT shall not include a tenancy in common, as such a tenancy exists at common law, if unmodified by any restrictive covenants or other agreement whereby such common tenants have or may claim or exercise the right to exclusive use, occupancy, or possession of the premise to the exclusion of other tenants as, for instance, where such tenants in common may hold property for business or investment purposes.
TIME-SHARE PROJECT; PRE-EXISTING. A time-share project, the outstanding interests in which have already been created, or with respect to which a notice of intent (such as currently required by the applicable state statute) as required by law or by administrative regulations disclosing the nature and number of the interest to be created therein has been filed with the State Real Estate Division on or prior to the effective date of the adoption of this chapter. Such a PRE-EXISTING TIME-SHARE PROJECT shall not authorize the creation of additional interests or the subdivision of any existing interests or the expansion of such project beyond that which existed or was so disclosed at or prior to the effective date of the adoption of this chapter, except and unless the same shall conform and comply with all applicable requirements of this chapter and any other applicable ordinances, regulations, or statutes.
TOURIST ACCOMMODATION.
(1) A structure or building, or part of a structure or building, occupied or designed for occupancy by transients for lodging or sleeping, regardless of whether or not non-lodging goods, services, or meals are included as a part of the occupancy, and for which the transient lodging within the structure:
(a) Is for the direct or indirect compensation of the owner, lessee, or operator of the structure;
(b) Is intended to result in the pecuniary benefit to the owner, lessee, or operator of the structure; or
(c) Requires the owner, lessee, or operator of the structure to either obtain a city business license or collect transient room taxes under city ordinances.
(2) TOURIST ACCOMMODATION shall include the use and terms “bed and breakfast establishment,” “hotel,” “motel,” “inn,” “vacation rental,” or any other form of transient or short-term occupancy of a structure.
TRANSIENT OCCUPANCY. The use of a structure or building, or part of a structure or building, by a transient.
TRANSIENT OCCUPANCY BUSINESS. The carrying on, operation, or suffering the use of a structure or building, by a transient for lodging or sleeping purposes, regardless of whether or not non-lodging goods, services, or meals are included as a part of the occupancy, and for which the transient lodging within the structure:
(1) Is for the direct or indirect compensation of the owner, lessee, or operator of the structure;
(2) Is intended to result in the pecuniary benefit to the owner, lessee, or operator of the structure; or
(3) Requires the owner, lessee, or operator of the structure to either obtain a city business license or collect transient room taxes under city ordinances.
TRANSIENT OR SHORT-TERM OCCUPANCY. Any person who occupies or is entitled to occupy a structure or building, or portion thereof, for a period of less than 30 calendar days, counting portions of days as full days, and the person gives direct or indirect compensation to the owner, lessee, or operator of the structure for the occupancy or for which the occupancy is intended to assist in producing or results in the pecuniary benefit to the owner, lessee, or operator of the structure. CONSIDERATION means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession, or use of real property.
UNIT OF OWNERSHIP. An area or tract of land described by a deed or by metes and bounds as a single entity.
USE. The purpose for which a structure is designed, arranged, or intended, or for which land is maintained or occupied.
VACATION RENTAL DWELLING. A building or portion thereof which is owned or occupied in whole or in part as a primary or secondary residence and is used by transients for lodging or sleeping, and for which the transient lodging within the structure:
(1) Is for the direct or indirect compensation of the owner, lessee, or operator of the structure;
(2) Is intended to result in the pecuniary benefit to owner, lessee, or operator of the structure; or
(3) Requires the owner, lessee, or operator of the structure to either obtain a city business license or collect transient room taxes under city ordinances.
VEGETATION. Plants of all types, including grasses, ground cover, flowers, bushes, shrubs, and trees.
WATER AREA. The area between the banks of a lake, pond, river, perennial, or fish bearing intermittent stream, excluding human-made farm ponds.
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 waterbody for water-borne transportation, recreation, energy production, or source of water.
WATER-RELATED. Uses which are not directly dependent upon access to a waterbody 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.
WETLAND. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
YARD. An open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this chapter.
(1) FRONT. A YARD between side lot lines and measured horizontally at right angles to the FRONT lot line from the FRONT lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley, shall be considered a FRONT yard.
(2) REAR. A YARD between side lot lines and measured horizontally at right angles to the REAR lot line from the REAR lot line, or the mean high water line when applicable, to the nearest part of the main building.
(3) SIDE. A YARD between the front and rear yard measured horizontally and at right angles
from the
SIDE lot line to the nearest point of the main building.
(4) STREET SIDE. A YARD adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 130, passed 4-6-1987; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 178, passed 6-1-1992; Ord. 185, passed 12-22-1992; Ord. 187, passed 2-16-1993; Ord. 234, passed 12-16-1996; Ord. 236, passed 12-16-1996; Ord. 261, passed 1-6-2003; Ord. 256, passed 4-6-2004; Ord. 257, passed 5-4-2010; Ord. 268, passed 11-2-2004; Ord. 278, passed 3-21-2007; Ord. 287, passed 5-4-2010; Ord. 327-21, passed 4-20-2021)