For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CLASSIFICATION. A ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government’s adopted plan for the roadway, subdivision of abutting properties and existing level of access control.
ACCESS CONNECTIONS. Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.
ACCESS, CROSS. A service drive providing vehicular access between two or more contiguous sites so a motorist, bicyclist or pedestrian need not enter the public street system.
ACCESS FEATURES, NON-CONFORMING. Features of the property access that existed prior to the date of the ordinance adopting and do not conform with the requirements of this chapter.
ACCESS, JOINT OR SHARED. A driveway connecting two or more contiguous sites to the public street system.
ACCESS 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.
ACCESS, REASONABLE. 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 chapter and any applicable plans and policies of the city.
ACCESS. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
ACCESSIBILITY GUIDELINES (ADAAG). Provides scoping and technical specifications for new construction and alterations undertaken by entities covered by ADA.
ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure incidental and subordinate to the main use of the property, as storage of automobiles in a garage is accessory to residential use of a dwelling. A home occupation is considered an ACCESSORY USE.
ACCESSWAY.
(1) 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 transit stop.
(2) 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.
(3) ACCESSWAYS through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees and lighting.
(4) Where ACCESSWAYS cross driveways, they are generally raised, paved or marked in a manner that provides convenient access for pedestrians.
ALLEY. A narrow street which affords only secondary means of access to property.
ANNEXATION. An action commenced by a city through public hearing, the intent of which is to incorporate additional land into legal boundaries of the city.
ATTACHED HOUSE (TOWNHOME OR ROWHOUSE). A dwelling unit located on its own lot which shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall must be shared for at least 50% of the length of the side of the dwelling. An ATTACHED HOUSE does not share common floor/ceilings with other dwelling units. An ATTACHED HOUSE is also called a TOWNHOME, ROWHOUSE, ZERO-LOT LINE DWELLING or a COMMON-WALL HOUSE.
BICYCLE FACILITY. Any facility provided for the benefit of bicycle travel, including bikeways and parking facilities as well as all other roadways not specifically designated for bicycle use.
BICYCLE. A vehicle designed to operate on the ground on wheels, propelled solely by human power, upon which any person or persons may ride, and with two tandem wheels at least 14 inches in diameter. An adult tricycle is considered a BICYCLE.
BIKE LANE. A portion of the roadway which has been designated by striping and pavement markings for the preferential or exclusive use of bicyclists.
BIKEWAY. A generic term for any road, street, path or way which in some matter is specifically designated for bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
BIKEWAY, SHOULDER. A type of bikeway where bicyclists travel on a paved shoulder.
BUILDING. A structure, but not an RV or mobile home, built for support, shelter or enclosure of persons, animals, chattels or property of any kind and having a fixed base on or fixed connection to the ground.
CITY. The City of Joseph, Oregon.
CLEARANCE, CORNER. 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.
CLEARANCE, LATERAL. The width required for safe passage as measured in a horizontal plane.
CLEARANCE, VERTICAL. The height required for safe passage as measured in a vertical plane.
COMMERCIAL OUTDOOR USE. A use supporting a commercial activity in a Commercial Zone.
COMMERCIAL. A zone and land use that involves the buying/selling of goods or services.
COMMUNITY BUILDING. A publicly-owned structure, used and operated for the benefit of the general public.
COMMUNITY CENTER. A structure, either public or private non-profit, used primarily as a facility for public purposes and gatherings.
COMPREHENSIVE LAND USE PLAN. The controlling land use document for the city. The COMPREHENSIVE LAND USE PLAN includes and is implemented by the city:
(4) This chapter.
CONDITIONAL USE. A use specifically identified within a zone that may be allowed, subject to a public hearing and satisfaction of any applicable standards. Generally, CONDITIONAL USES should conform to the general use and purpose of the area or zone in which they are located.
COUNCIL. The Common Council of the City of Joseph, Oregon.
CROSSING, MIDBLOCK. A crossing point positioned within a block rather than at an intersection.
CROSSWALK. The part of the roadway at an intersection that is included within the extensions of the lateral lines of the sidewalks on opposite sides of the roadway, measured from the curb line or, in the absence of curbs from the edges of the roadway, or in the absence of a sidewalk on one side of the roadway, the part of the roadway included within the extension of the lateral lines of the sidewalk at right angles to the centerline. Also, any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB EXTENSION. A section of sidewalk extending into the roadway at an intersection or midblock crossing that reduces the crossing width for pedestrians and may help reduce traffic speeds.
CURB RAMP, DIAGONAL. Curb ramp positioned at the apex of the curb radius at an intersection, bisecting the corner angle.
CURB RAMP, PARALLEL. Curb ramp design where the sidewalk slopes down on either side of a landing. PARALLEL CURB RAMPS require users to turn before entering the street.
CURB RAMP, PERPENDICULAR. Curb ramp design where the ramp path is perpendicular to the edge of the curb.
CURB RAMP. A combined ramp and landing to accomplish a change in level at a curb. This element provides street and sidewalk access to pedestrians using wheelchairs.
DETECTABLE WARNING. Standardized surface feature built in, or applied to, walking surfaces or other elements to warn pedestrians with vision impairments of hazards on a sidewalk and/or landing platform, such as the curb line or drop-off.
DOWNTOWN AREA. The eight block area fronting Main Street (Wallowa Lake Highway 82) from East Maple Street to West Third Street. The east and west boundaries of the DOWNTOWN AREA are the alleys that parallel Main Street. The DOWNTOWN AREA has curb extensions, diagonal on-street parking and special sidewalk block paving.
DWELLING, MULTI-FAMILY. A building or portion thereof, designed for occupancy by two or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached building containing one dwelling unit and designed for occupancy by one family only.
DWELLING UNIT. A living facility that includes provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code, for not more than one family, or a congregate residence of ten or less persons.
(UBG 205)
EASEMENT. A grant of one or more property rights by a property owner to or for use by the public or another person or entity.
ELECTRIC FENCE. Any fence with any portion electrified or with electrical insulators.
FEDERAL LAW PROHIBITING DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES. Requires public entities and public accommodations to provide accessible accommodations for people with disabilities.
FENCE. Any human-made structure except a building, constructed of wood, chain link, brick, cement block, berms, wrought iron, decorative metal or other human-made material which serves to enclose a lot or parcel or any material portion of a lot or parcel, including, without limitation, intended and by way of example only, gates, livestock stock panels, arbors and lattice.
HOME OCCUPATION. A lawful occupation carried on by an occupant at their primary residence as an accessory use within the same dwelling or an existing accessory structure, not to exceed one-third of dwelling and which does not constitute a hazard or public nuisance.
HOSTEL. An establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and which are operated, managed or maintained under the sponsorship of a non-profit organization which holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954, as amended.
LANDING. Level area of sidewalk at the top or bottom of a ramp.
LIGHT INDUSTRIAL BUSINESS. A business engaged in manufacturing or repairing of a product. Said business must comply with all state and local codes concerning sound levels, utility and structural guidelines. A qualifying business located in a Commercial Zone may not adversely affect the nature of the commercial and adjoining Residential Zones in any way.
LOT AREA. The total horizontal area within the lot lines of a lot, exclusive of streets and easements of access to other property.
LOT CORNER. A lot abutting on two or more streets, other than an alley, at their intersection.
LOT DEPTH. The average distance measured from the front lot line to the rear lot line.
LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way line.
LOT FRONTAGE. The portion of a lot extending along a street right-of-way line.
LOT LINE, FRONT. The lot line separating the lot from the street other than an alley. In the case of a corner lot, the FRONT LINE is the shortest lot line along a street other than an alley. In the case of a through lot, each street has a FRONT LOT LINE.
LOT LINE, REAR. The lot line which is most opposite and most distant from the front lot line. In case of 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, not a front or rear lot line.
LOT LINE. The property line bounding a lot.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets other than alleys.
LOT WIDTH. The average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
LOT. A parcel or tract of land.
MAJOR TRAFFIC GENERATORS. A land use that generates more than 400 daily trips as determined by the latest edition of the Institute of Transportation Engineers’ Trip Generation Manual.
MINIMUM CLEARANCE WIDTH. The narrowest point on a sidewalk or path. A MINIMUM CLEARANCE WIDTH is created when obstacles, such as utility poles or tree roots, protrude into the sidewalk and reduce the design width.
MOBILE HOME PARK. A place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any other person for a charge or fee paid or to be paid for rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.
MOBILE HOME. A vehicle or structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities and that is intended for permanent human occupancy and is being used for residential purposes. A MOBILE HOME shall consist of one of two following classifications.
(1) DOUBLE-WIDE. Two separate housing units expressly manufactured to be connected together to form one single-family residence.
(2) TRIPLE-WIDE. Three separate housing units expressly manufactured to be connected together to form one single-family residence.
NEIGHBORHOOD ACTIVITY CENTER. An attractor or destination for residents of surrounding residential areas. Includes, but is not limited to, existing or planned schools, parks, shopping areas, transit stops and employment areas.
NON-CONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this chapter or any amendment thereto becomes effective, which does not conform to the requirements of this chapter (or amendment) for the zone in which it is located.
NORMAL OPERATION, MAINTENANCE, REPAIR, AND PRESERVATION ACTIVITIES OF EXISTING TRANSPORTATION FACILITIES.
(1) Installation of culverts, pathways, medians, fencing, guardrails, lighting and similar types of improvements within existing right-of-way;
(2) Projects specifically identified in the Transportation System Plan and Bicycle and Pedestrian Plan as not requiring further land use regulation;
(3) Landscaping as part of a transportation facility;
(4) Emergency measures necessary for the safety and protection of property;
(5) Acquisition of right-of-way for public roads, highways and other transportation improvements designated in the Transportation System Plan and Bicycle and Pedestrian Plan, except for those that are located in exclusive farm use or forest zones; and
(6) Construction of a street or road as part of an approved land division.
ODOT. The Oregon Department of Transportation.
OWNER. An owner of real property as shown by deed or contract and officially recorded in the office of the County Clerk or on the last complete assessment role. An OWNER shall also include an authorized agent of owners of real property affected.
PART-TIME RESIDENT. For the purposes of determining eligibility for home occupations, a person is a PART-TIME RESIDENT if he or she reside outside the city limits at any time during the term of the home occupation permit.
PEDESTRIAN-ACTUATED TRAFFIC SIGNAL. Push button or other control operated by pedestrians designed to interrupt the prevailing signal cycle to permit pedestrians to cross a signalized intersection or midblock crossing.
PEDESTRIAN FACILITY. A facility provided for the benefit of pedestrian travel, including walkways, crosswalks, signs, signals, illumination and benches.
PEDESTRIAN. A person afoot, in a wheelchair or walking a bicycle.
PERSON. A natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination action as a unit.
PLANNING OFFICIAL. A city employee or contract employee designated by the City Council to administer this chapter.
PLAT. An exact and detailed map showing the subdivision of land.
PRIMARY RESIDENCE. A dwelling where one actually lives for determination of his or her civil status or other legal purposes because it is actually or legally his or her permanents and principal home. All other similar elements are secondary in size or importance.
PRIMARY. The largest or most substantial element on the property, as in “primary” use, residence, entrance and the like. All other similar elements are secondary in size or importance.
PUBLIC FACILITIES AND SERVICES. Projects, activities and facilities which the city determines to be necessary for the public health, safety and welfare.
REASONABLY DIRECT. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.
RECREATIONAL VEHICLE (RV) PARK. A lot which is operated on fee or other basis as a place for the parking or siting of two or more occupied RVs.
RECREATIONAL VEHICLE (RV). A vehicle or similar portable device including trailers, campers, motor homes and the like, originally designed or presently constructed to permit temporary human occupancy for living or sleeping.
REFUGE ISLAND. An island in the center of a road that physically separates the directional flow of traffic and can provide pedestrians with a place of refuge and reduce the crossing distance between safety points.
REVERSED CORNER LOT. A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.
RIGHT-OF-WAY. Land reserved, used or to be used for a highway, street, alley, walkway, drainage facility or other public purpose.
ROAD, FRONTAGE or SERVICE 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.
ROAD, PRIVATE. Any roadway for vehicular travel which is privately-owned and maintained and which provides the principal means of access to abutting properties.
ROAD, PUBLIC. A road under the jurisdiction of a public body that provides the principal means of access to an abutting property.
ROADWAY CONSTRUCTION OR RECONSTRUCTION. Does not include maintenance and repair of existing roadways, or providing a gravel or paved surface to existing vehicular travel lanes of 24 feet or less within dedicated rights-of-way.
ROADWAY FUNCTIONAL CLASSIFICATION. A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.
ROADWAY INTERSECTION FUNCTIONAL AREA. The area beyond the physical intersection of two roads that comprises decision and maneuver distance, plus any required vehicle storage length.
ROADWAY PAVEMENT MARKINGS. Painted or applied lines or legends placed on a roadway surface for regulating, guiding or warning traffic.
ROADWAY, SHARED. A type of bikeway where bicyclists and motor vehicles share the same travel lane.
ROADWAY, SHOULDER. The portion of a roadway that is contiguous to the travel lanes provided for pedestrians, bicyclists, emergency use by vehicles and for lateral support of base and surface courses.
ROADWAY, SIGNED SHARED. A shared roadway which has been designated by signing or directional pavement markings as a preferred route for bicycle use.
SAFE AND CONVENIENT. Bicycle and pedestrian routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.
SETBACK. The distance between a building or other feature of development and a property line. Minimum and maximum SETBACKS may be required for front, side and rear yards. Building SETBACKS are measured from the foundation nearest the property line to the respective property line. SETBACKS for covered decks and porches are measured from the edge of the deck or porch nearest the property line to the property line.
SHARED USE OR MULTI-USE PATH. A path physically separated from motor vehicle traffic by an open space or barrier and either within a roadway right-of-way or within an independent right-of-way, used by bicyclists, pedestrians, joggers, in-line skaters and other non-motorized users.
SIDEWALK. A walkway separated from the roadway with a curb, constructed of a durable, hard and smooth surface, designed for preferential or exclusive use by pedestrians.
SIGN. An identification, description or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
SIGNIFICANT CHANGE IN TRIP GENERATION. A change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding:
(1) Local: 10% more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under local jurisdiction; or
(2) State: exceeding 25% more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under state jurisdiction.
SOLID FENCE. A fence which does not allow persons on each side of a fence to view substantially all of the scenery on the other side of the fence. Woven wire fences are an example of a fence which is not a SOLID FENCE.
STREET, ARTERIAL. Higher volume streets with a minimal number of access points, providing direct routes between cities, districts and neighborhoods; includes sidewalks and bike lanes.
STREET, COLLECTOR. Serves local access needs through connecting local streets to arterial; includes sidewalks and may have on-street parking and bike lanes.
STREET, CUL-DE-SAC or DEAD-END STREET. A short section of residential street intended to serve only adjacent land in residential neighborhoods, typically includes a bulb-shaped turn-around area for emergency vehicles.
STREET, HALF. A portion of the ultimate width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
STREET, MINOR. A street intended primarily for access to abutting properties.
STREET, RESIDENTIAL. Provides access to individual residential or multi-family lots, includes walkways, on-street parking and is designed for very low speeds.
STREET 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.
STREET. A public or private right-of-way which provides ingress and egress to adjacent properties for vehicular, bicycle, pedestrian, public utilities and other such uses. The term STREET shall include such designations as HIGHWAYS, ROADS, LANE, AVENUE, ALLEY, COURT or other such similar terms.
STRUCTURAL ALTERATION. A change to the supporting members of structure including foundations, bearing walls or partitions, columns, beams girders or any structural change in the roof or in the exterior walls.
STRUCTURE. Something constructed or built or piece of work artificially built up or composed of parts joined together in some definite manner. STRUCTURES with roofs are required to meet standard setbacks.
SUPPORT SYSTEM. Posts, rock jacks or bracing.
TACTILE WARNING. Change in surface condition providing a tactile cue to alert pedestrians with vision impairments of a potential hazardous situation.
TRAVELERS’ ACCOMMODATIONS. Any primary residence, which is not a hotel or motel, having rooms, apartments or sleeping facilities rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities excluding hotels and motels in R-1 and R-2 Zones.
USE. The purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.
UTILITY STRUCTURE. A building, plant, works or other property used for the development or transmission of a commodity including such commodities as water, gas, sewer service, electricity, telephone and television.
VACATION HOME RENTAL OCCUPANCY. The use of a dwelling unit by any person or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration for a period of time between one and 30 days. “Remuneration” means compensation, money, rent or other bargained for consideration given in return for occupancy, possession or use of real property.
VARIANCE. A deviation either from the size or uses allowed within a given zone or area, subject to a public hearing; and, provided that, the resulting use or size generally conforms to the surrounding area or zone.
VIBROTACTILE PEDESTRIAN DEVICE. Device that communicates information about pedestrian timing through a vibrating surface by touch.
VISION IMPAIRMENT. Loss or partial loss of vision.
WALK INTERVAL. Traffic signal phase in which the “WALKING PERSON” (symbolizing “WALK”) signal indication is displayed.
WALKWAY. A transportation facility built for use by pedestrians, including persons in wheelchairs. WALKWAYS include sidewalks, paths and paved shoulders.
WAYFINDING. A system of information comprising visual, audible or tactile elements that helps users experience an environment and facilities getting from point A to point B.
WIDE OUTSIDE LANE. A wider than normal curbside travel lane that is provided for ease of bicycle operation where there is insufficient room for a bike lane or shoulder bikeway.
WOVEN WIRE FENCES. A fence constructed almost entirely of wood and/or steel posts, and agricultural woven wire fencing material commonly referred to as “field fence” or “horse fence”.
YARD.
(1) An open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this chapter.
(2) Sidewalks, patios and unroofed decks are so excepted.
YARD, FRONT. A yard between side lots lines and measured horizontally at right angles to the front lot line to the nearest point of a building or other structure.
YARD, REAR. A yard between side lot lines and measured horizontally at right angles to the rear lot line to the nearest point of a building or other structure.
YARD, SIDE STREET. A yard adjacent to a street between the front yard and the rear yard lot line measured horizontally and at right angles from the side lot line to the nearest point of the building or other structure.
YARD, SIDE. A yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of the building or other structure.
(Ord. 2009-01, passed - -2009; Ord. passed 10-6-2016)