As used in this title, the following words and phrases shall mean:
ACCESS: The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
ADJACENT: Having a common boundary and not to be construed as that which is across a street or alley.
AGENT: Any person who represents, or acts for or on behalf of, a developer in disposing of interests in a land development, and includes a real estate broker as defined in subsection (8) Oregon Revised Statutes 696.010.
ALLEY: A narrow serviceway through a block primarily for access by service vehicles. Alleys may be used as a secondary means of access to abutting property, but are not considered as part of the general traffic circulation system.
APPROVING AUTHORITY: The planning director, planning commission, or city council of the city of Milton-Freewater.
BLOCK: An area of land within a subdivision which area may be entirely bounded on all sides by streets or highways (except alleys), railroad right of way, unsubdivided land, or watercourses.
BUILDING LINE: A line on a plat indicating the limit beyond which building or structures may be erected. If no line is shown on the plat, the building line shall be as set forth in the city zoning code.
BUILDING SITE: A parcel of land which meets area requirements, setbacks and access standards, is serviceable by utilities, and meets the provisions of the zone in which the parcel is located.
CHANGE OF USE: Alteration of the purpose for which land or a structure is designated, arranged, or intended from an existing use, or an actual use in the last six (6) months, to a different use which is allowable by the zoning code (title 10 of this code) for the location in question.
CITY: The city of Milton-Freewater, Oregon.
CITY COUNCIL OR COUNCIL: The city council of the city of Milton-Freewater.
COMMON OPEN SPACE: An area or areas within a development designed and intended for the use and enjoyment of all residents of the development or for the use and enjoyment of the public in general.
COMMUNITY CENTER: A structure owned and operated by a nonprofit public or private corporation and used as a public meeting place for recreation, education, and the general good of all residents of a development, or of the public in general.
CONDOMINIUM: A building, or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONTIGUOUS LAND: Two (2) or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under a separate ownership including limited access right of way which would deny access between the two (2) parcels under single ownership.
CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the public works department.
DEVELOPER: Any person, corporation, partnership or other legal entity who creates or proposes to create a land development and includes any agent of a developer.
DEVELOPMENT: Construction, reconstruction, relocation, enlargement of any structure; initiation of use or the conversion of use of any structure; or the initiation of use, extension of use, or conversion of the use of land.
DEVELOPMENT, MAJOR: For purposes of certain public improvements required in chapter 8 of this title, major development shall mean any of the following: a subdivision, a minor partition fronting on an unimproved street, a major partition, a planned unit development, a manufactured home park, a condominium or a multi-family development of five (5) or more units.
EASEMENT: A grant of the right to use a parcel of land or portion thereof for specific purposes where ownership of the land is not transferred.
FLOOD HAZARD AREA: The area which has been or may be covered by a 100-year flood as defined by the federal emergency management agency flood hazard boundary map.
FLOOD HAZARD BOUNDARY MAP: An official map of the community furnished by the federal insurance administration labeled as flood hazard boundary map and delineating the boundaries of the special hazard areas.
FRONTAGE: All property fronting on one side of a street and measured along the street line between intersecting and intercepting streets or between a street and a right of way, waterway, end of a dead end, or city boundary.
GARAGE, PRIVATE: An enclosed accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the main building and accessible only from a street unless the planning commission permits access via an alley due to unique circumstances involving the property. No residential use is permitted in garages.
GRADE (GROUND LEVEL): The average of the finished ground level at the center of each exterior wall of the building.
LOT: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. See figure 2 at the end of this section.
LOT AREA: The total area within the lot lines of a lot excluding any street rights of way.
LOT, CORNER: A lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). See figure 1 at the end of this section.
LOT DEPTH: The distance measured from the front lot line to the rear lot line. See figure 1 at the end of this section.
For lots where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines, at right angles to the front lot lines, every ten feet (10') and averaging the length of these lines.
LOT, DOUBLE FRONTAGE: See definition of Lot, Through.
LOT, FLAG: A parcel of land which includes a narrow projection to a public street for access to the main portion of the parcel. See figure 1 at the end of this section.
LOT FRONTAGE: The length of the front lot line measured at the street right of way line. See figure 1 at the end of this section.
LOT, INTERIOR: A lot other than a corner lot. See figure 1 at the end of this section.
LOT, LANDLOCKED: A lot which has no deed access to a public street. See figure 1 at the end of this section.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. See figure 2 at the end of this section.
LOT LINE, FRONT: The lot line separating a lot from a street right of way, or in the case of a flag lot, the line closest to a street right of way excluding the flagpole portion of the property. See figure 2 at the end of this section.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line. See figure 2 at the end of this section.
LOT LINE, SIDE: Any lot line other than a front or rear lot line. See figure 2 at the end of this section.
LOT, THROUGH: A lot which fronts upon two (2) parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot. See figure 2 at the end of this section.
LOT WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. See figure 2 at the end of this section.
MANUFACTURED HOME: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being or will be used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction (HUD, public law 93-383).
MAP: A final diagram, drawing or other writing concerning a partition or planned unit development.
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.
NEGOTIATE: Any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including, but not limited to, advertising, solicitation and promotion of the sale of such land.
OFFER: Includes every inducement, solicitation, or encouragement of a person to acquire a lot, unit, parcel or interest in land.
OPEN: A land area exclusive of any buildings, driveways and parking lots. Intended to be retained in a natural or a landscaped state.
OWNER: The owner of the title to real property, or the authorized agent thereof, or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or county recorder's records.
PARCEL: A unit of land that is created by a partitioning of land.
PARK DEDICATION FEES: Funds paid by a developer to assist the city in providing new and upgraded public parks and recreation facilities. Funds shall be deposited in a land acquisition and development fund. These funds may be expended only on order of the city council for the purpose of acquiring or developing land for park and recreation purposes.
PARKING SPACE: A clear, off street area for the temporary parking or storage of one automobile. A parking space shall be directly accessible from public streets and separate from required loading areas or other required uses.
PARTITION LAND: To divide an area or tract of land into two (2) or three (3) parcels within a calendar year when such area or tract of land exists as a unit of contiguous units of land under single ownership at the start of the year. "Partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance; does not include divisions of land resulting from the creation of cemetery lots; does not include the sale of a lot in a recorded subdivision even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner, and does not include division from liens or highway or road taking.
PERSON: A natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government, or any group or combination acting as a unit.
PLANNED UNIT DEVELOPMENT: An area designed as a unified combination of land uses generally with a mixture of residential, single- and multi-family types, open space or recreation areas, and community facilities for the direct use and benefit of all the lot owners within the development. A planned development includes a "planned unit", a "homes association" and "common property".
PLANNING COMMISSION: The planning commission of the city of Milton-Freewater.
PLANNING DIRECTOR: The person designated by the city manager as head of the planning department.
PLAT: A final map, diagram, drawing, replat or other writing containing all of the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision or partition.
PROPERTY LINE ADJUSTMENT: Modification of a common property line of two (2) adjacent parcels outside of a recorded partition or subdivision plat, where an additional parcel is not created, and where the existing parcel which is being reduced in size is not reduced below the minimum lot size established by the zone which applies to the property, and which may require a survey.
REPLAT: The act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
RESERVE STRIP: A strip of land, usually one foot (1') in width, across the end of, or along, the edge of a street, roadway or alley which is reserved or held by the city for the purpose of controlling access, or for future street, roadway or alley extension, or widening.
RIGHT OF WAY: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
SITE PLAN: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
STREET: The entire width between the boundary lines of every way which provides for public use for the purposes of vehicular and pedestrian traffic and including the terms "road", "highway", "lane", "place", "avenue" or other similar designations. Nothing may be placed or located in this area except public utilities.
Alley: A narrow street through a block primarily for vehicular service access to the back or side properties abutting on another street.
Arterial: A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas.
Bicycle Route: A right of way for bicycle traffic.
Collector: A street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used to some extent for through traffic and to some extent for access to abutting properties.
Cul-De-Sac (Dead End Street): A short street having one end open to traffic and being terminated by a vehicle turnaround.
Half Street: A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street will be provided in another subdivision.
Local Street: A street intended primarily for access to abutting properties.
Marginal Access Street: A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.
Stubbed Street: A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.
SUBDIVIDE LAND: To divide an area or tract of land into four (4) 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 time of adoption of this title.
SUBDIVIDED LANDS AND SUBDIVISIONS: Improved or unimproved land or lands divided, or created into interests or sold under an agreement to be subsequently divided or created into interests, for the purpose of sale or lease, whether immediate or future, into eleven (11) or more undivided interests or four (4) or more divided interests. "Subdivide land" does not include the sale of a lot in a recorded subdivision or an approved partition even though the seller of the lot may have owned other contiguous lots or property prior to the sale; said lot, however, must be sold as platted and recorded.
TEMPORARY STRUCTURE: A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TEMPORARY USE: A use established for a period of time fixed in the permit which authorizes the use.
USE: The purpose for which land or a structure is designated, arranged, intended, occupied or maintained.
VISION CLEARANCE AREA: A triangular area on a lot at the intersection of two (2) streets, a street and an alley, or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two (2) sides (see section 10-5-3 of this code).
YARD: An open space on a lot which is unobstructed from the ground upward by a principal structure.
YARD, FRONT: The front yard of any given property is defined as that side of the property which faces a street. With regard to corner lots, the front yard is that side of the property that faces a street and contains the main entrance to the structure. (Planning director may modify strict application of this definition based on facts existing at the time.)
YARD, REAR: A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. See figure 2 at the end of this section.
YARD, SIDE: A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. See figure 2 at the end of this section.
(1978 Code; amd. Ord. 764, 5-26-1992; Ord. 841)
FIGURE 1
FIGURE 2
