11-1-5: DEFINITIONS:
When used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ACCESS: A means of approach to provide vehicular or pedestrian entrance or exit to a property.
   A.   Classification: A ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the city's adopted plan for the roadway, subdivision of abutting properties, and existing level of access control.
   B.   Conditional: An access granted to a parcel that will be relocated or eliminated at the time alternative access is provided.
   C.   Cross: A service drive, or connection, between two (2) or more contiguous parcels or sites providing motor vehicle and pedestrian access from one site to the other so that persons are not forced to use the public street system to travel between them.
   D.   Joint Or Shared: A driveway connecting two (2) or more contiguous sites to the public street system.
   E.   Management: The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed.
   F.   Spacing: The distance between motor vehicle access locations, measured from the closest edge of pavement (or gravel surface) of the first access to the closest edge of pavement (or gravel surface) of the second access along the edge of the public right-of-way.
   G.   Temporary: Provision of direct access to the controlled access facility until such time as adjacent properties develop, in accordance with a joint access agreement or frontage road plan.
ACCESSORY DWELLING UNIT: A second dwelling unit created on a lot with a house, attached house, or manufactured home. The second unit is created auxiliary to, and is always smaller than the house, attached house, or manufactured home. The unit includes its own independent living facilities including provision for sleeping, cooking, and sanitation, and is designed for residential occupancy by one or more people, independent of the primary dwelling unit. The unit may have a separate exterior entrance or an entrance to an internal common area accessible to the outside.
ACCESSORY USE OR STRUCTURE: A use or structure incidental and subordinate to the main use of the property, located on the same lot with the main use. Example - home occupation.
ACCESSWAY: A walkway that provides pedestrian and bicycle passage either between streets or from a street to a building or other destination such as a school, park, or community center. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel to vehicle traffic by curbs or similar devices and include landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved, or marked in a manner that provides convenient access for pedestrians.
ALLEY: A street through a block primarily for vehicular access to the back or side of property otherwise abutting on another street.
BICYCLE: A vehicle designed to carry at least one person, with fourteen inch (14") diameter or larger wheels, and is propelled solely by human power.
BICYCLE FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities on all bikeways.
BIKEWAY: Any road, path, or way that is in some manner specifically open to bicycle travel, regardless of whether such facilities are designed for the exclusive use of bicycles or are shared with other transportation modes.
BUILDING: Any structure having a roof intended for the support, shelter or enclosure of any persons, animals, property or business activity.
CITY: The City of Heppner, Oregon.
CITY COUNCIL: The City Council of the City of Heppner, Oregon.
COMPREHENSIVE PLAN: The comprehensive plan of the City of Heppner, Oregon.
CORNER CLEARANCE: The distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.
COTTAGE CLUSTER: Small lot detached single-family dwellings arranged in groups, with a courtyard(s) containing shared green space and a public access sidewalk easement.
CROSSOVER EASEMENT: A legal agreement that allows for access to one parcel through the access of another and/or a grant of one or more property rights by a property owner to or for use of the public or another person or entity.
DWELLING, MULTI-FAMILY: A building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached building containing one dwelling unit.
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units.
DWELLING UNIT: One or more rooms designed for occupancy by one family, containing complete housekeeping facilities. For the purposes of this title, "dwelling unit" does not include manufactured homes or recreational vehicles.
FAMILY: An individual or two (2) or more persons related by marriage, blood, legal adoption or guardianship, and not more than two (2) unrelated persons living together in one dwelling unit; or not more than five (5) unrelated persons living together in one dwelling unit.
FARMING, FARM USE: The use of land for raising and harvesting crops or for the feeding, breeding and management of livestock or for dairying or for any other agricultural or horticultural use or any combination thereof, including disposal of such products by marketing or otherwise. Farming also includes the use and construction of buildings customarily used in the above activities.
FLAG LOT: A parcel which is created through a partition where the major portion of the lot does not front on a public street and obtains access from a public street by means of a narrow (less than 50 foot wide) strip of land. The pole (access strip) of the flag lot is not counted in determining lot dimensions for zoning permits.
FLOOR AREA: The total area of all floors of a building as measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, attached porches and balconies, excluding open courtyards and vent shafts.
FRONTAGE ROAD: A public or private drive which generally parallels a public street between the right of way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street.
FUNCTIONAL AREA (INTERSECTION): That area beyond the physical intersection of two (2) roads that comprises decision and maneuver distance, plus any required vehicle storage length.
FUNCTIONAL CLASSIFICATION: A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.
GRADE: The average elevation of the finished ground elevation at the centers of all walls of a building; except, that if a wall is parallel to and within five feet (5') of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.
HEIGHT OF BUILDING: The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line on a mansard roof, to the mean point between the eaves and highest gable of a pitched or hipped roof.
HOME OCCUPATION: Accessory use of a dwelling, employing only the inhabitants of the dwelling, wherein the residential character of the dwelling is maintained. The occupation must be lawful and must be conducted in such manner that storage or display of merchandise, equipment or machinery is not visible from off the property on which the occupation is located, and the occupation may not infringe upon the right of neighboring residents to enjoy the peaceful occupation of their dwellings.
LOT: A parcel of land having sufficient area to meet the minimum lot requirements in the zone in which it is located and having its principal frontage on, or permanent access to, a street.
LOT AREA: The total area within the boundary lines of the lot.
LOT, CORNER: A lot abutting on two (2) or more intersecting streets, other than alleys, where the angle of intersection of the streets does not exceed one hundred thirty five degrees (135o).
LOT DEPTH: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE: The boundary line of a lot.
LOT LINE, FRONT: The line separating the lot from the street other than an alley or the nearest line to the public street. In the case of a corner lot, the shortest lot line along a street other than an alley.
LOT LINE, REAR: Any boundary line opposite and most distant from a front lot line and not intersecting a front lot line, except in the case of a corner lot.
LOT LINE, SIDE: Any lot line not a front or a rear lot line.
LOT WIDTH: The mean horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
MANUFACTURED HOME: A. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for residential occupancy, and that was constructed in accordance with federal manufactured housing, construction and safety standards in effect at the time of construction. Only manufactured homes built after 1988 can be sited in the city.
   B.   A manufactured home meeting the conditions of subsection 11-3-1A of this title can be placed in any zone which allows a single-family dwelling as an allowed or conditional use under the same conditions as a single-family dwelling except when Oregon law and restrictive covenants provide otherwise.
MANUFACTURED HOME PARK: A place where four (4) or more manufactured homes are located within five hundred feet (500') 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.
NEIGHBORHOOD ACTIVITY CENTER: An attractor or destination for residents of surrounding residential areas. Includes, but is not limited to, existing or proposed schools, parks, theaters, shopping facilities, employment areas.
NONCONFORMING ACCESS FEATURES: Features of the property access that existed prior to the date of ordinance adopting and do not conform with the requirements of this title.
NURSING HOME AND HEALTHCARE FACILITIES: Facilities for the care of persons who require medical service or medical supervision. The definition of these facilities shall include assisted living facilities.
OFF STREET PARKING: An area reserved for temporary or long term storage of a motor vehicle or bicycle.
OWNER: The owner of record of real property as shown in the records of the county assessor, or the registered agent of such owner.
PARCEL: A division of land comprised of one or more lots in contiguous ownership.
PARKING SPACE: That area reserved for parking of a motor vehicle or bicycle and which shall have sufficient space allocated according to current design standards for the use, and shall be accessible from a public street.
PEDESTRIAN FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, accessways, crosswalks, ramps, paths and trails.
PLANNING COMMISSION: The planning commission of the city of Heppner, Oregon.
PLAT: An exact and detailed map of the subdivision of land.
PRIVATE ROAD: Any roadway for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties.
PUBLIC ROAD: A road under the jurisdiction of a public body that provides the principal means of access to an abutting property.
PUBLIC USE: Building or use such as a city hall, fire station, city shop, school, community center, park and similar uses.
REASONABLE ACCESS: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this title and any applicable plans and policies of the city/county.
REASONABLY DIRECT: A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant out of direction travel for likely users.
RECREATION VEHICLE: A vacation trailer or other vehicular or portable unit which is either self-propelled or towed or is carried by a motor vehicle, which is intended for human occupancy and is designed for vacation or recreation purposes but not residential use.
RECREATIONAL VEHICLE PARK: A lot which is operated on a fee or other basis as a place for the parking of occupied recreation vehicles.
RIGHT OF WAY: Land reserved or used for a highway, street, alley, walkway, drainage facility, or other public purpose.
SAFE AND CONVENIENT: Bicycle and pedestrian routes that are reasonably direct and reasonably free of hazards, where the optimum travel distance is under one-half (1/2) mile for pedestrians, and under three (3) miles for bicyclists.
SEMIPUBLIC USE: Building or use such as a church, hospital, sanitarium, rest home, nursing or convalescent home, utility structure and similar uses.
SIGHT OBSCURING FENCE: A solid fence or a slat fence at least six feet (6') in height that completely obscures vision.
SIGHT OBSCURING PLANTING: A dense perennial evergreen planting with sufficient foliage to obscure vision and which will reach an average height of at least six feet (6').
SIGN: An identification, description or device which directs attention to a product, place, activity, person, institution or business and which is affixed to or represented upon a building, structure or land. Each display surface of a sign structure shall be considered a separate sign.
STREET: A public right of way for the use of pedestrian or vehicular traffic.
STUB-OUT (STUB STREET): A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.
URBAN GROWTH AREA: Land between the incorporated limits of the city and the urban growth boundary.
URBAN GROWTH BOUNDARY: The boundary designated in the city's comprehensive plan which identifies and separates urban and potentially urban land from rural land.
UTILITY OUTBUILDING: A structure located upon the same lot as the main use, which square footage shall not exceed two percent (2%) of the square footage of the lot, which dimensions shall not exceed a twelve foot (12') length and a twelve foot (12') width, and which shall not have a ridge higher than twelve feet (12') with a maximum eight foot (8') high wall, designed for storage of garden or other tools or articles incidental to a residential or other permitted use of a property and not designed for habitation.
WALKWAY: A hard surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
YARD: An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title. Unless otherwise provided in this title, "paving" is defined as an obstruction.
YARD, FRONT: That yard lying between the front lot line and the front of the building.
YARD, REAR: That yard lying between the rear lot line and the rear of the building.
YARD, SIDE: That yard lying between the front and rear yards, between the building and the side lot line. (Ord. 542, 8-11-2003; amd. Ord. 582-18, 10-8-2018)