§ 17.12.210 MEANING OF SPECIFIC WORDS AND TERMS.

   As used in this Code, the following words and phrases shall mean:

   A1.   ABUT/ABUTTING LOTS, ADJACENT/ADJOINING LOTS OR CONTIGUOUS LOTS. Two or more lots joined by a common boundary line or point.

   A2.   ACCEPT. To receive as complete and in compliance with all submittal requirements.

   A3.   ACCESS. The place, means or way by which pedestrians, bicycles and vehicles enter or leave property. A private access is an access not in public ownership and is controlled by means of deed , dedication or easement .

   A4.   ACCESSORY BUILDING OR STRUCTURE. A freestanding structure incidental and subordinate to the main use of property and located on the same lot as the main use .

   A5.   ACCESSORY USE. A use which is incidental and subordinate to the principal use .

   A6.   ACRE. A measure of land area containing 43,560 square feet.

   A7.   ADDITION. A modification to an existing building or structure which increases the site coverage.

   A8.   AFFECTED PARTY. Those persons entitled to receive notice of a pending limited land use decision or a public hearing.

   A9.   AGRICULTURAL USE. Includes farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry; it does not include the operation of a feed lot or other commercial feeding of animals.

   A10.   AISLE. The corridor by which cars enter and depart parking spaces .

   A11.   ALLEY. A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street .

   A12.   ALTERATION, STRUCTURAL. Any change or repair which would tend to prolong the life of the supporting members of a building or structure , such as alteration of bearing walls, foundation, columns, beams or girders.

   A13.   ALTERNATIVE ACCESS. The ability to enter a highway or other public street indirectly through another improved roadway rather than direct driveway entrance from the public right-of-way frontage .

   A14.   AMENDMENT. A change in the wording, context or substance of this Code or the comprehensive plan , or a change in the boundaries of a district upon the zoning district map or the boundaries of a designation on the comprehensive plan map.

   A15.   AMENITY. A natural or created feature that enhances the aesthetic and functional quality, visual appeal, or makes more attractive or satisfying a particular property, place or area.

   A16.   AMERICANS WITH DISABILITIES ACT. A 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities and services.

   A17.   ANNEXATION. The incorporation of a land area into the City of Forest Grove with a resulting change in the boundaries of the city .

   A18.   ANTENNA. A device used to transmit and/or receive radio or electromagnetic waves between land- and/or satellite-based structures .

   A19.   APPEAL. A request that a final decision be considered by a higher authority.

   A20.   APPLICANT. A person submitting an application for development .

   A21.   APPLICATION. Materials submitted or to be submitted.

   A22.   APPROVAL AUTHORITY OR REVIEW BODY. Either the Director , the initial hearing body or the Council , depending on the context in which the term is used.

   A23.   APPROVED PLAN. A plan that has been granted final approval by the appropriate approval authority .

   A24.   ASSESSED VALUATION. The value at which property is appraised for tax purposes.

   A25.   AWNING. Any stationary structure , other than a window awning, for the purpose of providing shelter from the sun and rain and having a roof with supports and not more than one wall or storage cabinet substituting for a wall.

   B1.   BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

   B2.   BED AND BREAKFAST INN. A single-family dwelling unit where lodging and meals are provided to a limited number of paying guests who are prohibited from staying for longer than 15 days.

   B3.   BERM. A mound of earth.

   B4.   BIKE LANE. Lanes on an improved street which are designated for use by cyclists and separated from vehicular traffic either by striping or small concrete barrier.

   B5.   BIKEWAY. A pathway, paved and separated from streets and sidewalks, designed to be used by cyclists.

   B6.   BIO-SWALE. One type of stormwater management technique that uses chemical, biological and physical properties of plants, microbes and soils to remove, or retain, pollutants from stormwater runoff. It is distinguished from other types of bioretention techniques in that it is designed as part of a stormwater conveyance system that has relatively gentle slopes and flow depths that are generally less than 12 inches.

   B7.   BUILDABLE AREA. The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance has been met.

   B8.   BUILDING. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

   B9.   BUILDING CODE. The building code presently adopted by the State of Oregon and the City of Forest Grove , and enforced by the city .

   B10.   BUILDING ENVELOPE. That portion of a buildable area exclusive of the areas required for front , side and rear  yards and other required open spaces and which is available for siting and constructing a building or buildings .

   B11.   BUILDING FOOTPRINT. Means the horizontal area as seen in plan view, measured from the outside of all exterior walls and supporting columns. BUILDING FOOTPRINT includes dwelling and any area of attached garage that exceeds 200 square feet. It does not include detached garages or carports; accessory structures; trellises; patios; areas of porch, deck, and balcony less than 30 inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access.

   B12.   BUILDING, PRIMARY. A building in which the primary use of the property is conducted.

   B13.   BUILDING HEIGHT. The vertical distance from the average elevation of the finished grade to the highest point of the structure , excluding steeples, chimneys and/or antennas attached to the principal structure .

   B14.   BUILDING LINE. A line parallel to the front lot line and passing through the most forward point or plane of a building foundation.

   B15.   BUILDING OFFICIAL. Person appointed by the City Manager to enforce the provisions of the State Building Code .

   B16.   BUILDING PERMIT. Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure .

   C1.   CALIPER. The diameter of a tree trunk measured at a prescribed height.

   C2.   CANNABIS DISPENSARY - MEDICAL. A facility registered with the Oregon Health Authority or for which an application has been submitted to the Oregon Health Authority that transfers usable cannabis, immature cannabis plants, seeds and cannabinoid products, concentrates and extracts to registrants and primary caregivers. DISPENSARIES also receive transfers of cannabinoid products, concentrates and extracts from cannabis processing facilities. DISPENSARIES receive transfers of usable cannabis, immature cannabis plants and seeds from registrants and primary caregivers. MEDICAL CANNABIS DISPENSARIES are classified as Commercial: Medical Centers.

   C3.   CANNABIS FACILITIES. Facilities including recreational cannabis producers, recreational cannabis processors , recreational cannabis retailers , recreational cannabis wholesalers and medical cannabis dispensary , medical cannabis producers and medical cannabis processors .

   C4.    CANNABIS PROCESSOR. A facility licensed by the Oregon Liquor Control Commission or registered by the Oregon Health Authority to process, compound or convert cannabis into cannabinoid products, cannabinoid concentrates or cannabinoid extract. CANNABIS PROCESSORS are classified as Industrial: Manufacturing and Production.

   C5.   CANNABIS PRODUCER - MEDICAL. A specific location registered by the Oregon Health Authority (OHA) used by a medical cannabis grower to manufacture, plant, cultivate, grow or harvest cannabis or dry cannabis leaves or flowers for medical use by a specific patient. MEDICAL CANNABIS PRODUCERS are classified as Other: Agriculture/Horticulture.

   C6.   CANNABIS PRODUCER - RECREATIONAL. A facility that is licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest cannabis. RECREATIONAL CANNABIS PRODUCERS are classified as Other: Agriculture/Horticulture.

   C7.   CANNABIS PRODUCTION - INDOOR. According to O.A.R. 845-025-2000(2) means producing cannabis in any manner (a) utilizing artificial light on mature cannabis plants or (b) other than outdoor production.

   C8.   CANNABIS PRODUCTION - OUTDOOR. According to O.A.R. 845-025-2000(3) means producing cannabis: (a) in an expanse of open or cleared ground; or (b) in a greenhouse, hoop house or similar non-rigid structure that does not utilize any artificial light on mature cannabis plants, including but not limited to electrical lighting sources.

   C9.   CANNABIS RETAILER. A facility licensed by the Oregon Liquor Control Commission to sell cannabis to a consumer. CANNABIS RETAILERS are classified as General Retail: Sales- Oriented.

   C10.   CANNABIS TESTING LABORATORIES. A state-licensed laboratory for testing of cannabis items licensed by the Oregon Liquor Control Commission. Cannabis testing laboratories are classified as Commercial: Office.

   C11.   CANNABIS WHOLESALER. A facility licensed by the Oregon Liquor Control Commission to purchase cannabis items in Oregon for resale to a person other than a consumer. Recreational CANNABIS WHOLESALERS are classified as Industrial: Wholesale Sales.

   C12.   CARPOOL/VANPOOL. A group of two or more commuters who share the ride to and from work, school and other destinations.

   C13.    CARPORT. A stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

   C14.   CAR-SHARE ORGANIZATION. A car-share organization is any public or private entity that provides a membership-based car-share service to the public and manages, maintains and insures motor vehicles for shared use by individuals and group members.

   C15.   CHANGE OF USE. Any use that differs from the previous use as defined in §§ 17.12.100 et seq., Use Categories.

   C16.   CITY. The area within the territorial limits of the City of Forest Grove .

   C17.   CITY ENGINEER. The person assigned the title of City Engineer for the City of Forest Grove , Oregon, or designee.

   C18.   CITY OF FOREST GROVE. The governing structure for the municipality of Forest Grove, Oregon.

   C19.   CLEAR VISION AREA. A triangular area located at the intersection of two streets , a street and a railroad, or a street and driveway ; defined by a line across the corners, the ends of which are on the street or alley lines, an equal and specified distance from the corner.

   C20.   COMMON COURTYARD. A common area for use by residents of a cottage cluster . A COMMON COURTYARD may function as a community yard. Hard and soft landscape features may be included in a COMMON COURTYARD, such as pedestrian paths, lawn, groundcover, trees, shrubs, patios, benches, or gazebos.

   C21.   COMMON WALL. A wall or set of walls in a single structure shared by two or more dwelling units. The COMMON WALL must be shared for at least 25% of the length of the side of the building of the dwelling units. The COMMON WALL may be any wall of the building, including the walls of attached garages.

   C22.   COMPLEX. A structure or group of structures developed on one or more contiguous lots of record and developed as part of an overall development plan.

   C23.   COMPREHENSIVE PLAN. The generalized, coordinated land use map and policy statement of the governing body of the City of Forest Grove that interrelates all functional and natural systems and activities relating to the use of land, including, but not limited to: sewer and water systems, transportation systems, educational facilities, natural resources and air and water quality management systems.

   C24.   CONDITIONAL USE. A use which may be permitted by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval.

   C25.   CONTIGUOUS. See ABUTTING.

   C26.   COTTAGE CLUSTER PROJECT. A development site with one or more cottage clusters . Each cottage cluster as part of a cottage cluster project must have its own common courtyard .

   C27.   COUNCIL. The City Council of Forest Grove, Oregon.

   C28.   CUL-DE-SAC. The circular turnaround at the end of a dead-end street .

   D1.   DEDICATION. The limited grant by a property owner allowing the use of property by the public for specified purposes.

   D2.   DEED. A legal document conveying ownership of real property.

   D3.   DEMOLISH. To raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated historic structure or resource.

   D4.   DENSITY. The intensity of residential land uses, usually stated as the number of housing units per net acre .

      a.   GROSS DENSITY. The number of residential dwelling units per acre based on the area of the site found inside the parcel boundary. This includes the building  lots , parking and driving areas, sidewalks, public rights-of-way, public and private streets and common driveways , public and private open space areas, and other tracts intended for public use .

      b.   NET DENSITY. The number of dwelling units per acre based on the net site acreage, which does not include rights-of-way through or on the edge of the site , environmentally constrained areas, or land intended for public ownership such as park and open space uses.

      c.   BONUS DENSITY. Density bonuses either are granted by the Planning Commission and/or City Council to the developer, to have an overall ratio of dwelling units to the planned development site area greater than would be allowed for a conventional development in the same location; or are applied pursuant to § 17.7.400.

      d.   For density calculation purposes, the final number shall be rounded down to the next whole number if the calculation is less than or equal to 0.49 and rounded up to the next whole number if the calculation is greater than or equal to 0.50.

   D5.   DENSITY TRANSFER. The transfer of all or part of the permitted density from one part of a development site to another part.

   D6.   DEVELOPMENT.

      1.   Any man-made change to improved or unimproved estate, including but not limited to buildings or other structures , mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or material located within the area of special flood hazard ; or

      2.   Division of land into two or more parcels, including partitions and subdivisions as provided in O.R.S. Chapter 92.

   D7.   DEVELOPMENT SITE. A lot or combination of lots upon which one or more buildings and/or other improvements are constructed.

   D8.   DIRECTOR. The Director of Community Development for the City of Forest Grove , Oregon, or designee.

   D9.   DRIVE-THROUGH FACILITY, DRIVE-IN USE. A facility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site .

   D10.   DRIVEWAY. A private way providing ingress and egress from one or two lots , parcels or tracts to a public or private street .

   D11.   DWELLING-RELATED DEFINITIONS.

      a.   DWELLING. A structure or portion thereof that is used for human habitation including permanent provisions for living, sleeping, eating, cooking and sanitation.

      b.   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 .

      c.   APARTMENT OR MULTIPLE-FAMILY DWELLING. A structure containing at least five dwelling units in any vertical or horizontal arrangement, located on a single lot or development site , but excluding single-family attached building types on two or more contiguous lots .

      d.   COTTAGE. An individual dwelling unit that is part of a cottage cluster .

      e.   COTTAGE CLUSTER. A grouping of no fewer than three detached dwelling units per net acre, each with a footprint of less than 900 square feet, located on a single lot or parcel that includes a common courtyard . COTTAGE CLUSTER may also be known as “cluster housing,” “cottage housing,” “bungalow court,” “cottage court,” or “pocket neighborhood.”

      f.   COURTYARD HOUSING. Single detached dwellings oriented around a common courtyard with a building footprint between 900 square feet and 1,400 square feet.

      g.   DUPLEX. Two dwelling units on a lot or parcel in any configuration.

      h.   MIDDLE HOUSING. Duplexes , triplexes , quadplexes , cottage clusters , and townhouses .

      i.   SINGLE-UNIT DWELLING:

         (1)   ATTACHED DWELLING. Two or more dwelling units, including townhouses , attached side by side on two or more contiguous, separate lots with some structural parts in common at a common property line.

         (2)   DETACHED DWELLING. One dwelling unit, freestanding and structurally separated from any other dwelling unit or buildings , located on a lot .

         (3)   MANUFACTURED DWELLING. Factory-built, single-family  structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the U.S. Department of Housing and Urban Development (HUD) Code.

      j.   TOWNHOUSE. A dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit. A TOWNHOUSE is also commonly called a “rowhouse,” “attached house,” or “common-wall house.”

      k.   TRIPLEX. Three dwelling units on a lot or parcel in any configuration.

      l.   QUADPLEX. Four dwelling units on a lot or parcel in any configuration.

   E1.   EASEMENT. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

   E2.   EGRESS. An exit.

   E3.   EMPLOYEES. All persons , including proprietors, working on the premises during the largest shift at peak season.

   E4.   ENLARGEMENT. An increase in size of an existing structure or use , affecting the physical size of the property, building , parking and other improvements.

   E5.   EXCEPTION. Permission to depart from a specific design standards in the Development Code.

   F1.   FACADE. An exterior face of a building.

   F2.   FACE. The wall of a building as measured from the ground level to roof line and from each corner of the building , creating a plane perpendicular to the horizon.

   F3.   FAMILY. One or more persons occupying premises and living as a single housekeeping unit provided that, unless all members are related by blood or marriage, or are legally adopted or court appointed guardian, that number of persons shall not exceed five.

   F4.   FENCE. A barrier grown, placed or constructed for the purpose of obstructing movement or vision.

   F5.   FINAL ACTION, FINAL DECISION or FINAL ORDER. A determination reduced to writing, signed and filed by the appropriate approval authority .

   F6.   FINDINGS. A written statement of the facts determined to be relevant by the approval authority as the basis for making its decision. The approval authority applies the relevant facts to the approval criteria or standards in order to reach its decision.

   F7.   FLOOD-RELATED DEFINITIONS:

      a.   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. Designation on maps always includes the letter “A.”

      b.   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood .” Designation on maps always includes the letter “A.”

      c.   BELOW-GRADE CRAWL SPACE. An enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

      d.   CONDITIONAL LETTER OF MAP REVISION (CLOMR). A letter from FEMA commenting on whether a proposed project, if built as proposed, would meet the minimum NFIP standards or proposed hydrology changes.

      e.   CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to schools , nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

      f.   ELEVATED BUILDING. For insurance purposes, a non-basement  building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

      g.   FLOOD or FLOODING. 

         (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:

            (A)   The overflow of inland or tidal waters.

            (B)   The unusual and rapid accumulation or runoff of surface waters from any source.

            (C)   Mudslides (such as, mudflows) which are proximately caused by flooding as defined in paragraph (g)(1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

         (2)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (g)(1)(A) of this definition.

      h.   FLOODPLAIN. The zone along a watercourse enclosed by the outer limits of land which is subject to inundation in its natural or lower revised contours by the base flood .

      i.   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.

      j.   FLOODWAY FRINGE. The area of the floodplain lying outside of the floodway .

Figure 12-1: Flood-Related Terms

      k.   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

      l.   FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determining of mudslide (such as, mudflow) and/or flood -related erosion hazards.

      m.   FLOOD MANAGEMENT AREA (FMA). Includes land identified within the 100-year flood plain and floodway as shown on the Federal Emergency Management Agency Flood Insurance Maps and land identified in updated flood studies such as Metro’s 1996 Flood Inundation Map or any other authoritative data documenting flood elevations as approved by the city .

      n.   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction, adjacent to the proposed wall of a structure .

      o.   LETTER OF MAP CHANGE (LOMC). An official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps (FIRM) and/or Flood Insurance Studies (FIS). LOMCs are issued in the following categories.

         l.   LETTER OF MAP AMENDMENT. An amendment to the Flood Insurance Rate Maps based on technical data showing that an existing structure or parcel of land that has not been elevated by fill (natural grade ) was inadvertently included in the special flood hazard area because of an area of naturally high ground above the base flood .

         2.   LETTER OF MAP REVISION (LOMR). 

            i.   LOMR-F (LETTER OF MAP REVISION BASED ON FILL). A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood .

            ii.   A LOMR revises the current FIRM and/or FIS to show changes to the floodplains , floodways or flood elevations. LOMRs are generally based on manmade alterations that affected the hydrologic or hydraulic characteristics of a flooding source and thus result in modification to the existing regulatory floodway , the effective Base Flood Elevation, of the Special Flood Hazard Area. It is recommended a conditional letter of map revision be approved by FEMA prior to issuing a permit to start a project if the project has a potential to affect the special flood hazard area (see Conditional Letter of Map Revision).

      p.   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement ). An unfinished or flood resistant enclosure, usable solely for 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.

   F8.   FLOOR AREA. The gross horizontal area, under a roof, of all floors of a building , measured from the exterior walls, excluding vents, shafts, courts and space devoted to off-street parking. The floor area of a building , or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

   F9.   FLOOR AREA RATIO. The gross floor area of all buildings or structures on a lot divided by the total lot area .

Figure 12-2: Floor Area Ratio Examples

   F10.   FRONTAGE. That portion of a development site which abuts a public or private street .

   F11.   FRONT PORCH, STANDARD. A roofed front porch which is at least six feet wide, has a minimum floor area of 90 square feet, and occupies at least one-third of the lineal distance of the front elevation.

   G1.   GARAGE. A building or portion thereof in which a motor vehicle is stored, repaired or kept.

   G2.   GRADE (GROUND LEVEL). The average of the finished ground level at the center of all walls of the building . If a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

   G3.   GRADE, NATURAL. The elevation of the original or undisturbed natural surface of the ground.

   G4.   GRADE, SUBGRADE. The elevation established to receive top surfacing or finish material.

   H1.   HISTORIC LANDMARKS-RELATED DEFINITIONS.

      a.   BASEMENT. A level that is below grade where the mid-height from its floor to its ceiling is below grade for a minimum of 50% of its perimeter .

      b.   BLOCK FACE. The historic contributing buildings on the particular block face and on the same side of the street as the applicant property; may use historic noncontributing buildings for reference if there are no historic-contributing buildings .

      c.   BUILDING LINE. The line where the building or structure intersects grade . At open walls, the eave line shall be used.

      d.   BUILDING PARTS.

            MAIN PORTION. The central building mass.

            FRONT PORTION. The front section of the building ; extends back one room, or ten feet from the front wall.

            WINGS. A subsidiary and extension portion of the building ; at least one room in size.

      e.   BAY. A partial room projection . It may extend to grade , the floor level, or may be raised, and may also have its own roof.

      f.   DEMOLITION. The removal of 50% or more of a landmark or historic contributing building , based on its assessed value.

      g.   HISTORIC CONTRIBUTING BUILDING. Any building , structure , object or site within the boundaries of a historic district which reflects the significance of the district as a whole due to historic associations, historic architectural qualities or archeological features.

      h.   HISTORIC LANDMARK. Any structure , archeological site , prehistoric site or historic site on the Forest Grove Register of Historic and Cultural Landmarks (Historic Register) as designated by the City Council .

      i.   HISTORIC LANDMARKS BOARD. The Historic Landmarks Board of the City of Forest Grove or any subcommittee thereof.

      j.   INTEGRITY. The historic, character-defining physical features that convey a building , object, site or structure ’s significance as part of a district.

      k.   NON-CONTRIBUTING BUILDING. Any building , structure , object or site within the boundaries of a historic district that do not add to the qualities, associations or values of the district because they were not present during the district’s period of significance or because they no longer possess historic integrity due to alterations, additions or other changes.

      l.   OBLIQUE, NON-ORTHOGONAL, SKEWED FRONT WALLS. Front walls that are not parallel to or at a 90-degree angle to their side walls.

      m.   PRIMARY BUILDING SIDE. The most architecturally significant side, typically the front and the side that faces the street and that typically has the main entry.

      n.   SECONDARY BUILDING SIDE(S). Non-primary side(s).

      o.   VISIBLE SIDES OR PORTIONS. Portions of the building that are visible from the adjacent street (s) or public way.

   See other building terms in the Appendix of the Design Guidelines Handbook Section V Historic District Design Guidelines.

   H2.   HOME OCCUPATION. Any occupation or activity which is clearly incidental and secondary to the principal use of the premises or dwelling and which is carried on wholly within the primary dwelling or residential accessory structure on the premises by a principal occupant of the dwelling unit residing on the premises.

   I1.   IMPACT ANALYSIS. A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, circulation, surrounding land uses, community facilities, environment and other factors.

   I2.   IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground.

   I3.   INTERESTED PARTY. A person , group or organization expressing interest in receiving public notices consistent with the provisions of this Code, on land use permits or matter based on location or topic.

   L1.   LOADING SPACE OR LOADING AREA. 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 which is loading or unloading persons , merchandise or materials, and which space or berth abuts upon a street , alley or other appropriate means of access and egress .

   L2.   LOT-RELATED DEFINITIONS.

      a.   LOT. A unit of land that is created by a subdivision or partition of land and is owned by or under the lawful control and in the lawful possession of one ownership.

      b.   CORNER LOT. A lot situated at the intersection of two streets where the interior angle of such intersection does not exceed 135 degrees.

      c   FLAG LOT. A lot located behind a frontage  lot , plus a strip of land out to the street for an access drive. A FLAG LOT results from the subdivision of partitioning of a residential lot or parcel which is more than twice as large as the minimum allowed in the underlying zone, but without sufficient frontage to allow two dwellings to front along a street . There are two distinct parts to a FLAG LOT: the “flag” which comprises the actual building site located at the rear portion of the original lot , and the “pole” which provides access from a street to the FLAG LOT. The flag pole can either be part of the rear  lot or granted as an easement from the front lot .

      d.   FRONT LOT LINE. In the case of an interior lot , a property line which abuts the street ; in the case of a corner lot , the shortest of the two property lines which abut the street ; except where the narrowest side of a lot is a minimum of 75 feet there may be a choice of frontage .

      e.   IMPROVED LOT.

         (1)   A lot upon which a building can be constructed and occupied; or

         (2)   A lot with buildings or structures .

      f.   INTERIOR LOT. A lot other than a corner lot and having frontage on only one street .

      g.   LOT AREA. The total horizontal area within the lot lines of a lot exclusive of public and private roads, and access  easements to other property or the private driveway area of a flag lot .

      h.   LOT AVERAGING. A design technique permitting one or more lots in a subdivision to be undersized, providing that the average lot size is no less than that required in the underlying zone.

      i.   LOT COVERAGE. The percent of a lot area covered by the horizontal projection of any structures or buildings .

      j.   LOT DEPTH. The distance from the midpoint of the front lot line to the midpoint of the rear lot line .

      k.   LOT LINE. The property line bounding a lot .

Figure 12-3: Types of Lots

Figure 12-4: Lot Related Definitions

Figure 12-5: Lot Lines and Setbacks

Figure 12-6: Yard Definitions

      l.   LOT LINE ADJUSTMENT. The relocation of recorded lot lines which does not result in the creation of an additional lot .

      m.   LOT OF RECORD. A lawfully created lot which existed prior to the effective date of the Code.

      n.   LOT WIDTH. The average horizontal distance between the side lot lines measured within the building envelope .

      o.   PRIMARY LOT. The original lot or parcel subject to a partition or subdivision application.

      p.   REAR LOT LINE. The recorded lot line or lines most distant from and generally opposite the front lot line , except that in the case of an interior triangular lot or a lot with more than four sides, it shall mean a straight line ten feet in length which is parallel to the front lot line or its chord and intersects the other lot lines at points most distant from the lot line .

      p.   SIDE LOT LINE. Any lot boundary not a front or rear lot line .

      q.   SECONDARY LOT. A lot created through a middle housing land division .

      r.   SIDE LOT LINE. Any lot boundary not a front or rear lot line.

       s.    SUBSTANDARD LOT. A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located unless part of a project in which lot averaging has been approved.

      t.   TAX LOT. Lot designation created by the County Assessor for the purpose of levying property taxes.

      u.   THROUGH LOT. A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot .

      v.   ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building ’s sides rest directly on a lot line .

   M1.   MANUFACTURED DWELLING. 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 attached to the required utilities. The term MANUFACTURED DWELLING does not include a RECREATIONAL VEHICLE.

   M2.   MIDDLE HOUSING LAND DIVISION. A partition or subdivision of a lot or parcel on which the development of middle housing is allowed under O.R.S. 197.758(2) or 197.758(3).

   M3.   MITIGATION. Methods used to alleviate or lessen the impact of development .

   M4.   MIXED-USE DEVELOPMENT. The development of a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

   M5.   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.

   M6.   MANUFACTURED DWELLING PARK. A parcel (or contiguous parcels) or land divided into two or more manufactured home lots for rent or sale. 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 was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to O.R.S. 92.010 to 92.190. and O.R.S. 446.003(27).

   M7.   MANUFACTURED DWELLING SPACE. A plot of ground within a manufactured dwelling park designed for the accommodation of one manufactured dwelling .

   M8.   MURAL. A picture painted or affixed directly on a wall.

   N1.   NATURAL RESOURCE AREA. The area defined by Metro as Riparian Wildlife Habitat Class I and II and Upland Wildlife Habitat Area A and B as shown on the Regionally Significant Fish and Wildlife Habitat Inventory Map dated at the time of adoption of this section or as amended in the future excluding those portions within Sensitive Areas and Vegetative Corridors as determined by Clean Water Services Design and Construction Standards.

   N2.   NEIGHBORHOOD STORE. A commercial structure of 2,000 square feet or less providing goods and services to a neighborhood area. Such store is intended to provide convenience items to reduce the need for longer trips, and is not intended to provide goods and services which would encourage trips from throughout the community.

   N3.   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by Forest Grove and includes any subsequent improvements to such structures .

   N4.   NONCONFORMING. A use , structure or lot of record that lawfully existed prior to the adoption of this Code but which does not meet the requirements of this Code, or any amendment thereof.

   O1.   OCCUPANCY PERMIT. A required permit allowing the use of a building or structure after it has been determined that all the requirements of applicable ordinances have been met.

   O2.   OFF-SITE IMPACT. A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions on a site proposed for development or on offsite property or facilities.

   O3.   OFF-SITE IMPROVEMENT. Improvements required to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities and traffic improvements.

   O4.   OPEN SPACE. A space on a lot that is open and without artificial obstruction to the sky and not occupied by parking lots, structures , or portions of structures .

   O5.   OUTDOOR STORAGE. The keeping, not within a building area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

   P1.   PARKING SPACE. An area within a private or public parking area, building or structure for the parking of one vehicle.

   P2.   PARTITION. To divide land into two or three parcels of land within a calendar year. Partitioning does not include:

      a.   A division of land resulting from a lien foreclosure, foreclosure of recorded contract for the sale of real property, or creation of cemetery lots ;

      b.   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 reduced in size by the adjustment complies with any applicable zoning ordinance;

      c.   The division of land resulting from the recording of a subdivision or condominium plat ;

      d.   A sale or grant by a person to a public agency or public body for state highway, county road or right-of-way purposes provided that such road or right-of-way complies with the applicable comprehensive plan and O.R.S. 215.213(2)(p) to (r) and 215.283(2)(p) to (r). However, any property divided by the sale or grant of property for state highway, county road, city  street or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or

      e.   A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city  streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where property is located. (O.R.S. 92.010(7)).

   P3.   PARTY. A person who makes an appearance in a proceeding through the submission of either written or verbal evidence.

   P4.   PEDESTRIAN/BICYCLE ACCESSWAY. Any off-street path or way which is intended for the primary use of pedestrians and/or bicycles.

   P5.   PEDESTRIAN WALKWAY. A hard-surface facility for pedestrians within a development or between developments , distinct from surfaces used for motor vehicles. A PEDESTRIAN WALKWAY is distinguished by a sidewalk by its location on private property outside the public right-of-way and from a pedestrian/bicycle accessway by the function it serves.

   P6.   PERIMETER. The boundaries or borders of a lot , tract or parcel of land.

   P7.   PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district as provided in the Development Code.

   P8.   PERSON. An individual, corporation, governmental agency, official advisory committee of the city , business trust, estate, trust, partnership, association or two or more people having a joint or common interest or any other legal entity.

   P9.   PLAT. A final map, diagram or other writing containing all the descriptions, specifications and provisions concerning a subdivision

   P10.   PREVIOUSLY APPROVED USE. Any proposed project having received approval of a land use or building permit but is not generating impact on services or public facilities from the operation of the use .

   P11.   PRIMARY ENTRANCE. The principal entry through which people enter a building . A building may have more than one PRIMARY ENTRY.

   P12.   PROJECTION. Part of a building or structure that is exempt from the bulk requirements of the Development Code.

   P13.   PSILOCYBIN FACILITIES.  The area of a location that is licensed under O.R.S, Chapter 475A, including Psilocybin Manufacturers , Psilocybin Service Centers , and Psilocybin Testing Laboratories .

   P14.   PSILOCYBIN MANUFACTURER. A facility, licensed under O.R.S. 475A.290, used in whole or in part for the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container. Psilocybin Manufacturers are classified as Industrial: Manufacturing and Production - Light Industrial.

   P15.   PSILOCYBIN SERVICE CENTER. A facility, licensed under O.R.S. 475A.305, used in whole or in part for psilocybin administration sessions and at which other psilocybin services may be provided. Psilocybin Service Centers are classified as Commercial: Medical Centers.

   P16.   PSILOCYBIN TESTING LABORATORY. A laboratory licensed under O.R.S. 475A.594, used in whole or in part for the testing of psilocybin products. Psilocybin Testing Laboratories are classified as Commercial: Office.

   R1.   RECREATIONAL VEHICLES. A vehicle which is:

      a.   Built on a single chassis;

      b.   400 square feet or less when measured at the largest horizontal projection ;

      c.   Designed to be self-propelled or permanently towable by a light-duty truck; and

      d.   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use .

   R2.   RECREATION SPACE. The area within a lot or parcel specifically required to be designated and improved for the recreational use and enjoyment of residents of the development . One-half of the floor area of ground floor patios and decks associated with residential facilities for the elderly can be considered as RECREATION SPACE.

   R3.   RESIDENTIAL CARE FACILITY. A facility, not including a correctional facility, licensed by or under the authority of the Department of Human Resources, which provides residential care alone or in conjunction with treatment or training for six to fifteen individuals who need not be related.

   R4.   RESIDENTIAL CARE HOME. A home, not including a correctional facility, licensed by or under the authority of the Department of Human Resources which provides residential care alone or in conjunction with treatment or training for five or fewer individuals who need not be related.

   R5.   RESIDENTIAL CARE INSTITUTION. An institution, not including a correctional facility, licensed or under the authority of the Department of Human Resources, which provides residential care alone or in conjunction with treatment or training for more than 15 individuals who need not be related.

   R6.   REMODEL. An internal or external modification to an existing building or structure which does not increase the site coverage.

   R7.   RESERVE STRIP. A strip of property usually one foot in width overlaying a dedicated street which is reserved to the City for control of access until such time as additional right-of-way is accepted by the city for continuation or widening of the street .

   S1.   SCHOOL. A public elementary or secondary school for which attendance is compulsory under O.R.S. 339.020, or a private or parochial elementary school, teaching children as described in O.R.S. 339.030(1)(a).

   S2.   SETBACK. The minimum allowable horizontal distance from a given point or line of reference to the nearest vertical wall or other element of a structure as defined herein. The point or line of reference will be the lot line .

   S3.   SIGN-RELATED DEFINITIONS. For the purpose of this section, certain terms and words are defined as follows: words used in the present tense include the future; the word “shall” is mandatory; the word “may” is discretionary; the phrase “used for” shall include the phrases “arranged for,” “designed for,” “maintained for,” and “occupied for;” and the word “business” shall be associated with the zoning terms and activities of “permitted use ” and “conditional use .” The following terms shall mean:

      a.   ABANDONED SIGN. A sign or sign structure where either: a) the sign is no longer used by the property or sign owner. Discontinuance of sign use may be shown by cessation of use of the property where the sign is located; or b) the sign has been damaged, and repairs and restoration are not started within 45 days of the date the sign was damaged, or are not diligently pursued, once started.

      b.   ACCESSORY SIGN. Signage which is an integral part of outdoor display structures associated with a commercial or industrial use such as soft drink machines, gas pump, newspaper dispensers, and other similar structures .

      c.   AIR-BLOWN DEVICE (a.k.a. AIR-BLOWN DANCER). Any device not otherwise specifically defined in this Code that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by mechanically-forced air. This definition specifically includes but is not limited to those devices referred to commercially as “air puppets” and “air dancers.” For purposes of this Code, air-blown devices are advertising devices.

      d.   ALTERATION. Any change in the size, shape, method of illumination, construction or supporting structure of a sign .

      e.   AREA (OF A SIGN).

         (1)   PROJECTING, PORTABLE AND FREESTANDING. The area of the sign shall be measured as follows: The area around and enclosing the perimeter of the cabinet or module shall be totaled to determine the aggregate sign area. If the sign is composed of two or more sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign . The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is no written copy on such embellishments. All face areas of any multi-faced sign shall be counted in calculating its area. For a double-faced sign in a single cabinet, only the area of one face is counted.

         (2)   WALL SIGNS. The area around or enclosing each sign cabinet, or, where sign cabinets are not used, the area shall be that within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the message.

      f.   AWNING. A secondary covering attached to the exterior wall of a building . The location of an awning on a building may be above a window, a door or over a sidewalk. An AWNING is often painted with information as to the name of the business, thereby acting as a sign , in addition to providing protection from weather.

      g.   BALLOON SIGN. A sign made from a nonporous bag of tough light material normally filled with heated air or a gas lighter than air so as to rise and float and displaying graphics, symbols and/or written copy .

      h.   BANNER SIGN. A sign made of fabric or any non-rigid material with no enclosing framework.

      i.   CANOPY. An awning supported by at least two columns. A CANOPY is able to extend further from a building than an awning , as in the case of an entrance to a restaurant or retail store.

      j.   CHANGEABLE COPY SIGN (ELECTRONIC). A sign or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic or symbol is defined by small number of matrix elements using different combinations of light emitting diodes (LEDs) fiber optics, light bulbs or other illumination devices within the display area. ELECTRONIC CHANGEABLE COPY SIGNS include computer programmable, micro-processor controlled electronic displays.

      k.   CHANGEABLE COPY SIGN (MANUAL). A sign on which copy is changed manually in the field, e.g., the panel permanently affixed as part of a larger sign , commonly used to advertise specials for commercial businesses.

      l.   CLEARANCE (OF A SIGN). The vertical distance measured from the lowest point of the sign to the natural surface grade beneath the sign .

      m.   COPY. The message on a sign surface in either permanent or removable letter form.

      n.   DOUBLE-FACE SIGN. A sign with advertising on two faces wherein the faces are parallel or within ten degrees of parallel.

      o.   FACE (OF A SIGN). The area of a sign on which the advertising is placed.

      p.   FEATHER BANNER. A vertical portable sign , made of lightweight material that is prone to move in the wind, and that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand. This definition includes such sign s of any shape including flutter, bow, teardrop, rectangular, shark, feather, and U-shaped. For purposes of this Code, a FEATHER BANNER is an advertising device and sign .

      q.   FESTOONS. A string of ribbons, tinsel, small flags, lights or pinwheels.

      r.   FLASHING SIGN. A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include electronic changeable copy signs or signs which, through reflection or other means, create an illusion of flashing of intermittent light.

      s.   FREESTANDING SIGN. A sign supported upon the ground by a frame, pole(s) or other support structure which is not attached to any building . A FREESTANDING SIGN shall count as one sign , even if it has two or more faces.

         (1)   MONUMENT. A freestanding  sign of which the entire bottom of the sign is generally in contact with or within three feet of grade . Earth mounding inconsistent with the final grade of the land surrounding the sign structure which increases the elevation of the sign shall be included in the measurement of sign  height .

         (2)   PYLON SIGN. A freestanding sign, usually double-faced, mounted on one or two supports above ground level. Also referred to as a POLE SIGN.

      t.   FRONTAGE. The length of the property line of a lot or parcel along a public right-of-way on which it borders.

      u.   HAZARDOUS SIGN. A sign which is detrimental to the public safety, including but not limited to: any sign that has a design, color or lighting which may be mistaken for a traffic light, signal, or directional sign ; any sign which is located in such a manner as to obstruct free and clear vision to motorists or pedestrians at intersections and driveways ; any sign which, because of its location, would prevent free ingress to or egress from any door, window or fire escape; any sign that is attached to a standpipe or fire escape; any sign which has lighting which temporarily blinds or impairs one’s vision; or any sign which is in a leaning, sagging, fallen, decayed, deteriorated or other unsafe condition.

      v.   HEIGHT (OF A SIGN). The vertical distance measured from the highest point of the sign to the natural surface grade beneath the sign .

      w.   ILLUMINATED SIGN. A sign with an artificial light source incorporated internally (i.e., direct illumination), or with an external light source directed to illuminate the exterior surface of the sign (i.e., indirect illumination). This definition includes signs with light sources which are disconnected from power.

      x.   INCIDENTAL SIGN. A small sign , emblem or decal typically used to inform the public of goods, facilities or services available on the premises (e.g., a credit card sign or a sign indicating hours of business).

      y.   LANDMARK SIGN. A sign found to be of historical or local significance by the Historic Landmarks Board.

      z.   MAINTENANCE. For the purposes of this chapter, the cleaning, painting, repair or replacement of defective parts of a sign , or to achieve a change in sign  face , in a manner that does not alter the basic design or structure of the sign .

      aa.   MARQUEE. A permanent roof-like projection from a building above the building entrance.

      bb.   MOUNTED SIGN. A sign permanently attached to a building .

         (1)   CANOPY SIGN. A sign painted on, printed on or attached flat against the surface of a canopy or awning .

         (2)   HANGING SIGN. A sign that hangs beneath a marquee , canopy or awning and is perpendicular to the building  face . Also known as a BLADE SIGN.

         (3)   PROJECTING SIGN. A sign , other than a flat wall sign , that is attached to and projects from a building wall or other structure not specifically designed to support the sign .

         (4)   ROOF SIGN. Any mounted sign that projects above the top of a wall, eave or parapet.

         (5)   WALL SIGN. A sign attached parallel to and extending not more than 12 inches from the wall of a building . This definition includes painted, individual letters and cabinet signs .

      cc.   MOVING SIGN. A sign which uses mechanized movement (e.g., rotation) to attract attention, depict action or to create a special effect or scene (and includes dancing inflatable displays).

      bb.   MULTI-TENANT COMPLEX. A development consisting of one or more lots and two or more businesses sharing appurtenant facilities, such as driveways , parking and pedestrian walkways , and is designed to provide varied products and services at a single location.

      ee.   NONCONFORMING SIGN. An existing sign , lawful before enactment of this chapter which does not conform to the provision(s) of this chapter.

      rr.   PERMANENT SIGN. A sign structurally affixed to the ground or to a building and intended for display for more than 12 consecutive months.

      gg.   PORTABLE SIGN. A sign not permanently affixed to a sign structure, a building or the ground.

      hh.   SIGN. Writing, video projection, pictorial representation, illustration, decoration (including material used to differentiate sign copy from its background), emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that by reason of its form, color, wording, symbol, design, or illumination is designed to communicate or enhance the communication of a message and is a building or any part thereof or written, printed, projected, painted, constructed, transmitted or otherwise placed or displayed upon or designed into a supporting structure or upon any material object or device whatsoever.

      ii.   SITE. A lot , parcel or tract of land under common ownership and/or developed together as a single development site , regardless of how many uses occupy the site.

      jj.   TEMPORARY SIGN. A sign or advertising display constructed of fabric, vinyl, paper, cardboard, plywood or other light materials, with or without a frame, not permanently attached to a building , structure or ground intended to be displayed for a specific and limited period of time. A sign that will become obsolete after the occurrence of an event or series of events. TEMPORARY SIGNS typically include, but are not limited to: portable signs , event signs , for sale and lease signs , garage sale signs and political campaign signs .

      kk.   VIDEO DISPLAY SIGN. A sign that changes message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs . VIDEO DISPLAY SIGNS include projected images or messages with the characteristics onto buildings or other objects.

      ll.   WINDOW SIGN. A sign installed inside a window or painted on a window and intended to be viewed from the outside.

   S4.   SIGNIFICANT EXPANSION. Any expansion of an existing use which equals or exceeds 1,000 square feet or 20% of floor area , whichever is greater.

   S5.   SITE. Any plot or parcel of land or combination of contiguous lots or parcels of land.

   S6.   SITE AREA. The total area of a development site calculated after subtracting any required planned dedication of public rights-of-way and/or designation of private rights-of-way.

   S7.   SLOPE. The deviation of a surface from the horizontal, usually expressed in percent or degrees.

   S8.   SITE PLAN. A plan, prepared to scale showing accurately the location and dimensions of all the uses and structures proposed for a parcel of land, and other information as required by specific sections of this Code.

   S9.   START OF CONSTRUCTION. Includes substantial improvement , and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement occurred within 180 days of the permit date. The actual start means either the first placement of permanent construction of the structure on a site , such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of street and/or walkways; nor does it include excavation for a basement , footings, piers, or foundation or the erection of temporary forms; nor does it include 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 .

   S10.   STRUCTURE. A walled and roofed building including a gas or liquid storage tank that is principally above ground.

   S11.   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

   S12.   STREET. A public or private way that is created to provide ingress or egress for persons to three or more lots , parcels or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

   S13.   SUBDIVISION. To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. The term SUBDIVISION also applies to an area or tract of land which has been subdivided.

   S14.   SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure , the cost of which equals or exceeds 50% of the market value of the structure 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. 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 . The term does not, however, include either:

         (1)   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

         (2)   Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

   T1.   TEMPORARY USE. A use that is: 1) seasonal or directed toward a specific event; 2) occasioned by an unforeseen event; or 3) sales offices and model homes for the sale of homes.

   T2.   TEMPORARY USE PERMIT. A permit for a use that is temporary in nature. Temporary Use Permits are required for uses such as seasonal shelters and seasonal businesses (including Christmas tree lots and firework stands).

   T3.   TRANSIT STREET. Any street identified as an existing or planned bus or light rail route.

   T4.   TRANSIT-ORIENTED USES. Includes multi-family residential development , retail, office and institutional uses of sufficient intensity to support transit operations, and transit supportive features such as bus stops and pullouts, bus shelters, park-and-ride stations and pedestrian spaces.

   T5.   TREE RELATED DEFINITIONS. The following terms apply.

      a.   ARBORIST. An individual certified as an arborist by the International Society of Arborist (ISA) or the American Society of Consulting Arborist (ASCA), or similar certification determined equivalent by the Director .

      b.   CALIPER. The diameter of nursery stock measured six inches above the base of the tree .

      c.   CANOPY. Space of the tree above ground including the trunk and branches measured in volume.

      d.   CRITICAL ROOT ZONE. Circular area surrounding the tree trunk a distance of one foot per one inch of tree diameter, e.g., a 20-inch diameter tree has a critical root zone of 20 feet.

      e.   DEVELOPABLE LAND. For purposes of Tree Protection (§§ 17.5.100 et seq.), developable land is property that can have additional residential units or additional commercial or industrial development without removing existing structures and while meeting city code standards.

      f.   DRIP LINE. The outermost edge of the tree ’s original canopy . When depicted on a plan, the drip line will appear as an irregular-shaped circle that follows the canopy edge of the tree branches as seen from overhead.

      g.   GROVE. A stand of three or more trees (of the same species or a mixture), which form a visual and biological unit.

      h.   INVENTORY. All trees and groves listed in the Forest Grove Significant Tree Inventory (as amended) or other record accepted by the Community Forestry Commission (CFC) which indicates the location, size, species and/or value of trees .

      i.   MAJOR PRUNING. Removal of more than 20% of the tree ’s canopy , any tree  topping , or disturbance of more than 10% of the root system.

      j.   MITIGATION BANK. Public land used for mitigation of trees and vegetation damaged or destroyed during work in Natural Resource Areas , when on-site mitigation is not practical, or when off-site mitigation is environmentally preferable.

      k.   OREGON WHITE OAK, QUERCUS GARRYANA. Species of hardwood tree with a habitat range which includes the Willamette Valley. Many White Oak trees in Forest Grove predate the founding of the Tualatin Academy (now Pacific University) in 1849 and are more than 200 years old.

      l.   PROFESSIONAL STANDARDS (PRUNING). Acceptable pruning standards as defined by the International Society of Arboriculture, a similar organization or as defined by the Director .

      m.   REGISTER TREE. Any tree which is listed on the Tree Register under the provisions of § 17.5.135.

      n.   TOPPING. Considered by the International Society of Arboriculture (ISA) to be perhaps the most harmful tree pruning practice known. Not considered an acceptable pruning practice for protected trees in Forest Grove. Involves the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role. Other names for TOPPING include “heading,” “tipping,” “hatracking” and “rounding over.”

      o.   TREE. Any woody, perennial plant (deciduous, evergreen or coniferous) characterized by having a single main stem or trunk, but may include multi-stemmed or multitrunked trees .

      p.   VEGETATION. Any woody, perennial plant – deciduous, evergreen or coniferous – which is not defined as a tree .

   U1.   USE. The purpose for which land or a structure is designed, arranged or tended, or for which it is occupied or maintained.

   U2.   URBAN SERVICES. The term includes the following services and facilities: public sanitary and storm sewer system; public water supply; street system; police and fire protection; public schools ; public parks; and public library services.

   V1.   VILLAGE CENTER. The core of a Neighborhood Mixed-Use zoning district , comprised of a compact, cohesive mix of residential, commercial and mixed use buildings arranged along a main street that are within walking distance of residents who live within and surrounding the core.

   V1.   VARIANCE. A grant of relief from the requirements of this Code which permits construction in a manner that would otherwise be prohibited by this Code.

   V2.   VEHICLE PARKING SPACE. An area within a private or public parking area, building or structure for the parking of one vehicle.

   V3.   VILLAGE CENTER. The core of a Neighborhood Mixed-Use zoning district, comprised of a compact, cohesive mix of residential, commercial and mixed use buildings arranged along a main street that are within walking distance of residents who live within and surrounding the core.

   W1.   WATER DEPENDENT. A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

   W2.   WATER QUALITY SENSITIVE AREAS. The following: existing or created wetlands ; rivers; streams; and springs with year round or intermittent flow; and impoundments including natural lakes and ponds with average water in the summer of one acre foot or more or with and average depth of three feet or more.

   W3.   WETLANDS. Those areas that are inundated or saturated by surface or groundwater ant a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

   W4.   WILDLIFE CONSERVATION AREA. An area designated on the Zoning Map for the conservation of fish and wildlife habitat.

   W5.   WINDOW AREA. The aggregate area of the glass within each window, including any interior grids, mullions, or transoms.

   Y1.   YARD-RELATED DEFINITIONS.

      a.   YARD. An open space unobstructed from the ground upward except as otherwise provided in this title.

      b.   CORNER SIDE. A yard extending from the front  yard to the rear lot line on the street side of a corner lot .

      c.   FRONT. A yard extending across the full width of the lot , the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the main building .

      d.   REAR. A yard extending across the full width of the lot between the rear main building and the nearest point of the rear lot line .

      e.   SIDE. A yard between the main building and the side lot line extending from the front  yard or front lot line where not front  yard is required, to the rear  yard . The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building .

   Z1.   ZONED FOR RESIDENTIAL USE. A zoning district in which residential dwellings are the primary use and which implements a residential Comprehensive Plan map designation. This excludes lands zoned primarily for commercial, industrial, agricultural, public or mixed uses, even if those zones allow for the development of detached single-family  dwellings .

   Z2.   ZONING DISTRICT. An area of land within the Forest Grove city limits designated for specific types of permitted developments , subject to the development requirements of the district.

(Ord. 2009-01, passed 3-9-2009; Ord. 2009-12, passed 11-23-2009; Ord. 2015-2, passed 4-27-2015; Ord. 2016-16, passed 9-26-2016; Ord. 2017-12, passed 11-27-2017; Ord. 2018-07, passed 10-8-2018; Ord. 2019-05, passed 6-24-2019; Ord. 2019-10, passed 9-23-2019; Ord. 2022-01, passed 5-9-2022; Ord. 2022-03, passed 8-8-2022; Ord. 2023-03, passed 5-22-2023)