As used in this title, the following words and phrases shall mean:
ACCESS: A way or means of approach to provide pedestrian, bicycle, or motor vehicular entrance or exit to a property.
ACCESS CONNECTION: Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway 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.
ACCESSORY STRUCTURE: A structure which augments the main use of the property and is appropriate to the zone in which the property is located, but which is incidental and subordinate to the main use.
ACCESSWAY: A walkway that provides pedestrian and bicycle passage, either between streets or from a street to a building or other destination such as school, park, or transit stop. 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 vehicle traffic by curbs or similar devices and including landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved or marked in a manner that provides convenient access for pedestrians.
ADJACENT: Shall be that having a common boundary and not to be construed as that which is across a street or alley.
ALLEY: A serviceway providing a secondary means of public access to abutting property, and not intended for general traffic circulation.
APARTMENT: See definition of Dwelling, Multi-Family.
APPROVING AUTHORITY: The planning director, planning commission, or city council of the city of Milton-Freewater.
AUTOMOBILE AND TRAILER SALES AREA: An open area other than a street, used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE WRECKING YARD: A premises used for the storage or sale of used automobile or truck parts, or for dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof.
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 (2) tandem wheels at least fourteen inches (14") in diameter. An adult tricycle is considered a bicycle.
BICYCLE FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
BIKEWAY: Any road, path or way that is in some manner specifically open to bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. The five (5) types of bikeways are:
Bike Lane: A four (4) to six foot (6') wide portion of the roadway that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
Multi-Use Path: A paved ten (10) to twelve foot (12') wide way that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users.
Multi-Use Trail: An unpaved path that accommodates all terrain bicycles; typically shared with pedestrians.
Shared Roadway: A travel lane that is shared by bicyclists and motor vehicles.
Shoulder Bikeway: The paved shoulder of a roadway that is four feet (4') or wider; typically shared with pedestrians in rural areas.
BILLBOARDS: Signs advertising merchandise or services other than those available for sale on the premises.
BOARDING, BED AND BREAKFAST, LODGING OR ROOMING HOUSE: A building furnishing no more than five (5) guestrooms; where lodging with or without meals is provided for compensation for guests.
BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual animal, process, equipment, goods, or materials of any kind or nature. Building does not include deck roof, patio roof, or cabana.
BUILDING HEIGHT: The vertical distance of a building measured from the finished grade of the front yard to the highest point of the roof.
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.
CABANA: A freestanding roof supported only by columns or pillars with no enclosing walls between them, and having no enclosures under the roof itself.
CAMP, TOURIST, OR TRAILER PARK: Any area or tract of land used or defined to accommodate two (2) or more recreational vehicles, tents or outfits.
CARPORT: A roofed structure providing space for the parking or storage of motor vehicles and enclosed only by the exterior walls of the associated structure, if it is to be attached, and supported on all sides by columns or pillars with no enclosing walls between them.
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 ordinance for the location in question.
CITY: The city of Milton-Freewater, Oregon.
CROSS ACCESS: A service drive providing vehicular access between two (2) or more contiguous sites so the driver need not enter the public street system.
DAYCARE FACILITY: A facility operated by a school district, political subdivision of this state or a governmental agency; or a residential facility licensed under Oregon Revised Statutes 443.400 to 443.445.
DECK, LOW LEVEL: An unroofed exterior wood frame floorlike platform, either attached to a dwelling or freestanding, which provides a surface for outdoor activities. A low level deck, and any railings, benches or attachments must be no higher than the fence height allowed in the yard in which the deck is located.
DECK ROOF: A roof enclosed only by exterior walls of the associated dwelling, and supported on all other sides by columns or pillars with no enclosing walls between them.
DEVELOPMENT: Construction, reconstruction, relocation, enlargement of any structure; initiation of use or conversion of use of any structure; or the initiation of use, extension of use, or conversion of the use of land.
DUPLEX: See definition of Dwelling, Two-Family.
DWELLING, MAIN ENTRANCE: Entrance which is designed to be the primary entrance to a dwelling.
DWELLING, MULTI-FAMILY: A residential building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit.
DWELLING, TWO-FAMILY: A residential building containing two (2) dwelling units.
DWELLING UNIT: One self-contained housekeeping unit with minimum standards of floor area and facilities.
DWELLING UNIT, EFFICIENCY UNIT: A housekeeping unit contained in a residential care facility or studio apartment development which is designed for minimum maintenance and expense which can function as a self-contained dwelling unit or as part of a communal food service and recreation program.
DWELLING UNIT, HABITABLE AREA: Habitable area is the total floor area, which by virtue of meeting specified minimum ceiling heights, is considered as usable for human occupation.
DWELLING UNIT, MAXIMUM DENSITY OF OCCUPATION: The maximum number of inhabitants allowed in a residential structure, expressed in square feet per person.
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.
FENCE, SIGHT OBSCURING: A fence or planting arranged in such a way as to effectively prevent vision of objects which are screened by it.
FLOOD HAZARD AREA: The area which has been or may be covered by a 100-year flood as defined by the emergency management agency flood hazard boundary map.
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 CLASSIFICATION: A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.
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.
HABITABLE AREA: The space inside a structure used for living purposes including working, sleeping, eating, cooking or recreation, which has a ceiling height of not less than seven feet six inches (7'6").
HOME OCCUPATION: A lawful business activity commonly carried on within a dwelling by members of the family occupying the dwelling with no servant, employee, or other person being employed, and may be allowed in any zone, subject to the provisions of section 10-5-11 of this title, and to precedents of neighborhood impact of similar businesses operated in the city.
ISOLATED LOT: An undeveloped substandard lot in separate ownership from surrounding property.
JOINT ACCESS: A driveway connecting two (2) or more contiguous sites to the public street system.
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.
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°).
LOT DEPTH: The distance measured from the front lot line to the rear lot line. 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 line at right angles to the front lot line, every ten feet (10') and averaging the length of these lines.
LOT, DOUBLE FRONTAGE: See definition of Lot, Through.
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 length of the front lot line measured at the street right of way line.
LOT, INTERIOR: A lot other than a corner lot.
LOT, LANDLOCKED: A lot which has no deeded access to a public street.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street of any other public space.
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.
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.
LOT LINE, SIDE: Any lot line other than a front or rear lot line.
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.
LOT WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along with a straight line parallel to the front lot line at the minimum required building setback line.
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 manufacturing housing construction and safety standards regulations in effect at the time of construction (HUD, public law 93-383).
MANUFACTURED HOME PARK: Any place where four (4) or more manufactured homes are parked on a lot, tract, or parcel of land, within five hundred feet (500') of one another; the 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 the facilities or to offer space free in connection with securing the trade or patronage of such person.
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 tine of construction.
MODULAR HOME: A building or structural unit which has been in whole or substantial part manufactured at an off site location, to be wholly or partially assembled on site, but does not classify as a mobile home or manufactured home.
NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of this title, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which it is located.
OFFICES: A facility where the primary activity is of a business meeting or professional service nature (doctor, lawyer, realtor, etc.). The primary activity cannot be retail in nature, where the item is stocked and sold on the premises. The following institutions are not covered by this definition: banks, savings and loans, credit unions.
OPEN AREA: Land exclusive of any buildings, driveways and parking lots. Intended to be retained in a natural or a landscaped state.
PARCEL: A division of land comprised of one or more lots in contiguous ownership.
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.
PATIO ROOF: See definition of Deck Roof.
PEDESTRIAN FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, accessways, crosswalks, ramps, paths and trails.
PERSON: Every natural person, firm, partnership, association or corporation.
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 for the direct use and benefit of all the lot owners within the development and sometimes shopping or community facilities. 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.
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 code and any applicable plans and policies of the city of Milton-Freewater.
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: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel trailers, truck campers, camping trailers and self-propelled motor homes. Any such vehicle with less than seven hundred twenty (720) square feet is a recreational vehicle.
RECREATIONAL VEHICLE PARK: Any place where two (2) or more recreational vehicles are parked on a parcel of land; the purpose of which is to rent space or keep space for rent to any person for use of facilities, or to offer space free in connection with securing the trade or patronage of such person.
RESIDENTIAL CARE FACILITY: A facility licensed by or under the authority of the department of human resources under Oregon Revised Statutes 443.400 to 443.460 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six (6) or more individuals who need not be related.
RESIDENTIAL HOME: A home licensed by or under the authority of the department of human resources under Oregon Revised Statutes 443.400 to 443.825 which provides residential care alone or in conjunction thereof for five (5) or fewer individuals who need not be related.
RETAIL BUSINESS: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail businesses may process some of their products, but processing is secondary to selling of the product. Retail businesses include retail lumber and building supply outlets, office supply sales, eating and drinking places, and produce sales outlets which bring in goods from more than one farm.
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.
SAFE AND CONVENIENT: Bicycle and pedestrian routes that are reasonably free from hazards, and provide a reasonably direct route of travel between destinations, considering that the optimum travel distance is one-half (1/2) mile for pedestrians and three (3) miles for bicyclists.
SIGN: A presentation or representation which by words, letters, figures, designs, pictures, or color publicly displayed gives notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered to be a sign.
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; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
STALL: The parking space into which vehicles park.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and ceiling above. In any case, a story shall be a maximum of ten feet (10'). If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
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.
STRUCTURAL ALTERATION: Any change to the supporting members of a structure including foundations, bearing walls, or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.
STRUCTURE: 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 jointed together in some definite manner and which requires a location on the ground or which is attached to something having a location on the ground, whether assembled on site, or assembled elsewhere, and placed on the site.
STRUCTURE, PRINCIPAL: The main building to which the property has been allocated.
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.
SUBDIVIDE LAND: To divide an area or tract of land into four (4) or more lots 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.
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, or intended, or for which it is 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 title.)
WALKWAY: A hard surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
WALL, RETAINING: A structure necessary for support of a cut-fill grade. Retaining wall shall be a maximum of nine inches (9") above finished grade or the fill side of the wall.
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. (The 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.
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. (Ord. 667, 9-24-1984; amd. Ord. 745, 1-22-1990; Ord. 752, 2-11-1991; Ord. 764, 5-26-1992; Ord. 873, 9-13-1999; Ord. 956, 8-23-2010, eff. 9-1-2010)