For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where a term listed in this section is defined more explicitly in another part of this chapter or in codes incorporated therein by reference (e.g., building code), the term is not redefined herein for purposes of that other code.
ABUTTING. Contiguous or adjoining.
ACCESS. See TRANSPORTATION-RELATED DEFINITIONS.
ACCESSORY STRUCTURE. A structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure. ACCESSORY STRUCTURES are detached from the primary structure. Examples of ACCESSORY STRUCTURES include, but are not limited to: garages; decks; fences; arbors; gazebos; heat pumps; workshops; and other structures. See also PRIMARY STRUCTURE.
ACCESSORY USE. A use or activity that is a subordinate part of a primary use and that is clearly incidental to a primary use on a site. See also PRIMARY STRUCTURE.
ADJACENT. Abutting or located directly across a street right-of-way or easement.
APPLICANT. A person who applies for a permit or approval under this chapter. An APPLICANT can be the owner of the property, a contract purchaser or someone who is legally authorized to represent the owner, such as a builder, developer or contract purchaser.
BED AND BREAKFAST INN. Any establishment located in a structure designed for a single-family residence and structures appurtenant thereto, regardless of whether the owner or operator of the establishment resides in any of the structures, that meets the standards of § 153.036.
BLOCK. All of the property bounded by streets, rights-of-way (pedestrian or vehicle ways), water features or any combination thereof, but is not divided or separated in any way by streets or water features.
BLOCK FACE/STREET FRONTAGE. All of the property fronting on one side of a street that is between intersecting or intercepting streets, or that is between a street and a water feature or end of a dead end street. An intercepting street determines the boundary of the block frontage only on the side of the street that it intercepts. See the figure below.
BUILDING. See applicable building codes.
BUILDING OFFICIAL. The person who enforces the building ordinances and regulations for the city and other ordinances and regulations as assigned.
CAPACIT Y. Maximum holding or service ability, as used for transportation, utilities, parks and other public facilities. See also the definition of “occupancy” in applicable building codes.
CARPORT. A stationary structure consisting of a roof, its supports, not more than one wall or storage cabinets substituting for a wall, used to shelter motor vehicles, recreational vehicles or boats; does not include temporary shelters or canopies not affixed to a permanent foundation per applicable building codes.
CHANGE OF USE. Change in the primary type of use on a site.
CHILD CARE. Facilities that provide care and supervision of minor children for periods of less than 24 hours. Family child care providers provide care for not more than 16 children in a home. See ORS 329A.440(4) for applicable requirements.
CITY. The City of Myrtle Point, Oregon.
CLEAR AND OBJECTIVE. Decision criteria and standards that do not involve substantial discretion or individual judgment in their application.
CLUB. Any organization, group or association supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests but shall not include any organization, group or association, the chief activity of which is to render a service customarily carried on as a business.
COMMERCIAL. Land use involving buying/selling of goods or services as the primary activity. See also RETAIL SALES AND SERVICES.
COMMERCIAL OUTDOOR RECREATION (LAND USE). Includes firing ranges, golf courses, driving ranges and the like.
COMMON AREA. Land jointly owned to include open space, landscaping or recreation facilities (e.g., may be managed by a homeowners’ association).
COMMUNITY SERVICES (LAND USE). Uses of a public, nonprofit or charitable nature generally providing a local service to people of the community, except for schools, which are categorized separately. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Private lodges, clubs and nonprofit organizations that have membership provisions may be considered a COMMUNITY SERVICE. Uses providing mass shelter or short-term housing where tenancy may be arranged for periods of less than one month when operated by a public or nonprofit agency may also be considered a COMMUNITY SERVICE. The use may also provide special counseling, education or training of a public, nonprofit or charitable nature. See also RELIGIOUS INSTITUTIONS and PARKS AND OPEN SPACES.
COMPREHENSIVE PLAN. The current adopted comprehensive plan of the city.
CONDOMINIUM. Ownership of a single unit in a multi-unit structure that includes common areas and facilities; includes both residential and commercial condominiums. See ORS Chapter 100 for applicable requirements.
CORNER LOT. See LOT, CORNER LOT.
CORNER RADIUS. The radius of a street corner, as measured around the curb or edge of pavement, except as otherwise specified by applicable engineering design standards.
COUNCIL/CITY COUNCIL. The City Council of Myrtle Point, Oregon.
COUNTY. Coos County, Oregon.
DAYS. Calendar days, unless specifically stated as working days. Working days include Monday through Friday, excluding federal holidays.
DEAD-END STREET. See TRANSPORTATION-RELATED DEFINITIONS.
DEDICATION. The designation of land by its owner for any public use as shown on a subdivision plat or deed. The term may also be used for DEDICATIONS to a private homeowners’ association.
DENSITY(IES). A measurement of the number of dwelling units in relationship to a specified amount of land based on the minimum lot size per dwelling unit required by the applicable zone.
DEVELOPMENT-RELATED DEFINITIONS.
(1) ALTER/ALTERATION. A change in use or occupancy or physical change to a structure or site. ALTERATION does not include normal maintenance and repair. ALTERATIONS may or may not require land use approval, but property owners should check with the city before preparing project plans or commencing development. ALTERATIONS include, but are not limited to, the following:
(a) Changes in use or occupancy;
(b) Changes to the exterior of a building;
(c) Changes to the interior of a building;
(d) Increases or decreases in floor area of a building;
(e) Changes to other structures on the site or the development of new structures;
(f) Changes to exterior improvements;
(g) Changes to landscaping; and
(h) Changes in the topography of the site.
(2) BUILDING FOOTPRINT. The outline of a building, as measured around its foundation, or building coverage, whichever is greater.
(3) BUILDING LINE. A line running parallel to a lot line that is the same distance from the lot line as the closest portion of a building on the site, typically used in reference to required setback yards. See the figure below.
(4) BUILDING/STRUCTURE HEIGHT. Building height, for the purposes of this chapter, is measured as the vertical distance above a reference datum (per building codes) to the highest point of a flat roof or to the mid-point of a sloping roof. The height of a stepped or terraced building is the maximum height of any segment of the building, except that parapets, cornices and other projections are allowed pursuant to the height limitations in each zoning district.
(5) CLEARING. As in clearing and grading, any activity that removes existing vegetation or strips surface material from any portion of the site and exceeding typical yard maintenance for a single-family dwelling.
(6) DEVELOP. To construct or alter a structure or to make a physical change to the land including excavations, clearing and fills. See also ALTERATION.
(7) DEVELOPMENT. All improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas and areas devoted to exterior display, storage or activities.
(8) DRIVEWAY. The area that provides vehicular access to a site from a street, or the area that provides vehicular circulation on a site. Where required by this code for emergency apparatus, a DRIVEWAY must be kept clear of all obstructions.
(9) DRIVEWAY APRON/APPROACH. The edge of a driveway where it meets a public right-of-way. Note: The design standards of the applicable roadway authority apply.
(10) EMERGENCY APPARATUS LANE or FIRE LANE. Unobstructed area or driveway meeting the State Fire Marshal’s Office requirements; typically not be used for parking or loading area.
(11) GRADING. All cuts, fills, embankments, stockpile areas and equipment maneuvering areas associated with development.
(12) PARKING. See PARKING AREA.
(13) STRUCTURE. Except as provided by applicable building codes, any object constructed in or on the ground. STRUCTURE includes buildings, decks, fences, towers, flag poles, signs, utility vaults and other similar objects. STRUCTURE does not include paved areas or vegetative landscaping materials.
(14) VEHICLE AREAS. All of the areas on a site where vehicles may circulate or park including parking areas, driveways, drive-through lanes and loading areas. See also DRIVEWAY and PARKING AREA.
DISCONTINUED USE. A use that physically left the land it was on, a permitted use that ceased or a use terminated at the end of a lease or contract. See § 153.004.
DISCRETIONARY. A permit action or decision that involves substantial judgment or discretion.
DRIVE-THROUGH or DRIVE-UP FACILITY. A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. DRIVE-THROUGH FACILITIES may serve the primary use of the site or may serve accessory uses. Examples are: drive-up windows; automatic teller machines; coffee kiosks and similar vendors; menu boards; order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water and windshield washing stations; quick-lube or quick-oil change facilities; and drive-in theaters. All driveways queuing and waiting areas associated with a DRIVE-THROUGH/DRIVE-UP FACILITY are similarly regulated as part of such facility.
DRIVEWAY. See DEVELOPMENT-RELATED DEFINITIONS.
DRIVEWAY APRON/APPROACH. See DEVELOPMENT-RELATED DEFINITIONS.
DUPLEX. See RESIDENTIAL STRUCTURE TYPES.
DWELLING. See RESIDENTIAL STRUCTURE TYPES.
EASEMENT. A grant of rights by a property owner that allows others to use the owner’s land for a specific purpose, such as access or to locate utilities. EASEMENTS are recorded and on record in the county.
EMERGENCY APPARATUS LANE or FIRE LANE. Unobstructed area or driveway requirements of the State Fire Marshal’s Office; typically not be used for parking or loading area.
FLOOR AREA. Area of building, which may be described in terms of gross (overall) square feet, or net marketable/leasable space.
GARAGE. A covered permanent structure designed to provide shelter for vehicles and which is accessory to a dwelling or other primary use. Carports are considered GARAGES.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. This is the definition used in the State Structural Specialty Code (the International Building Code as amended by the state.)
GRADING. See DEVELOPMENT-RELATED DEFINITIONS.
GROUP LIVING. Characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. The size or composition of the group is different than that of a household. Tenancy is arranged on a month-to-month basis or for a longer period. Uses where tenancy may be arranged for a shorter period are not considered residential as they are considered to be a form of transient lodging (see RETAIL SALES AND SERVICE USES and COMMUNITY SERVICES). Generally, GROUP LIVING structures typically have a common eating area for residents, though individual units may have a kitchen. The residents may or may not receive any combination of care, training or treatment, as long as they also reside at the site.
HAZARDOUS SUBSTANCES. Any substance, material or waste listed below:
(1) Nuclear or radioactive materials or waste;
(2) Chemicals subject to reporting under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, being 42 U.S.C. §§ 9601 et seq., published July 1987, U.S. Environmental Protection Agency;
(3) Materials listed in the hazardous materials table in 49 C.F.R. § 172.101; and
(4) Other substances as determined by applicable state or federal agency.
HOTEL/MOTEL. A building or portion thereof designed and used for occupancy of transient individuals lodged with or without meals for a continuous period not to exceed 29 days. (See ORS 446.310.)
HOUSE. See RESIDENTIAL STRUCTURE TYPES.
HOUSEHOLD. One or more persons related by blood, marriage, civil union, legal adoption or guardianship, plus not more than five additional persons, who live together in one dwelling unit; or one or more handicapped persons as defined in the Fair Housing Amendments Act of 1988, being Pub. L. 100-430, plus not more than five additional persons, who live together in one dwelling unit.
INCIDENTAL AND SUBORDINATE TO. Secondary to and less apparent than the primary use or other portion of the development.
INDUSTRIAL SERVICE USES. Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Examples include: welding shops; machine shops; tool repair; electric motor repair; sales, repair, salvage or wrecking of heavy machinery, metal, building materials, autos or trucks (does not include junk yards); towing and temporary vehicle storage; heavy truck servicing and repair; tire re-treading or recapping; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; industrial laundry, dry-cleaning and carpet cleaning plants; photo-finishing laboratories; and similar uses.
JUNK YARD.
(1) Any property or establishment on which one or more persons are engaged in breaking up, dismantling, sorting, storing, distributing, buying or selling scrap or waste materials.
(2) Any establishment or place of business on which two or more inoperable motor vehicles or an equivalent volume of waste or refuse are maintained, stored, bought or sold. Includes wrecking yards, automobile graveyards, garbage dumps and scrap metal processing facilities.
KENNEL. Any lot or premises where three or more dogs or cats aged six months or older are boarded or bred for compensation. Establishments where animals are offered for sale as the primary use, such as pet stores, are not classified as KENNELS.
LANDSCAPING. Any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses and may include structural features such as walkways, fences, benches, plazas, works of art, reflective pools, fountains or the like. Also includes irrigation systems, mulches, topsoil and re-vegetation or the preservation, protection and replacement of trees.
LAND USE. The activity or activities that occur on a piece of land. Activities may be individually identified as primary or accessory uses.
LAND USE DECISION. A final decision or determination made by the city (or other agency with jurisdiction) that concerns the adoption, amendment or application of the statewide planning goals, the comprehensive plan or any land use regulation (i.e., this chapter) where the decision requires the interpretation or exercise of policy or legal judgment. (ORS 197.015) Note: All decisions requiring quasi-judicial review by the city are LAND USE DECISIONS. Decisions subject to administrative review are considered LIMITED LAND USE DECISIONS, pursuant to ORS 197.015.
LEGISLATIVE. A legislative action or decision is the making of law, as opposed to the application of existing law to a particular use (e.g., adoption of, or amendment to, a comprehensive plan or development regulation). See also § 153.209.
LOT. A lot is a legally defined piece of land other than a tract that is the result of a land division. The following definitions for LOT apply to the state definition of both lot (result of subdividing) and parcel (result of partitioning). See also OWNER and SITE.
(1) CORNER LOT. A lot that has frontage on more than one intersecting street. A street that curves with angles of 120 degrees or less, measured from the centerline of the street, is considered two intersecting streets for the purpose of evaluating if a lot is a CORNER LOT. See the figures below.
(2) FLAG LOT. A lot with two distinct parts (see figures below):
(a) The flag, which is the only building site; and is located behind another lot; and
(b) The pole, which connects the flag to the street; provides the only street frontage for the lot; and at any point is less than the minimum lot width for the zone.
(3) THROUGH/REVERSE FRONTAGE LOT. A lot that has frontage on two parallel or approximately parallel streets.
LOT AREA. The total surface area (measured horizontally) within the boundary lines of a lot.
LOT CONSOLIDATION. The reduction in the number of lots; i.e., the creation of one lot from two or more existing lots.
LOT COVERAGE. The total area of a lot covered by building(s) or impervious surfaces, as provided by the applicable land use district development standards.
LOT, DOUBLE-FRONTAGE. See LOT, THROUGH LOT.
LOT LINE ADJUSTMENT. See PROPERTY LINE ADJUSTMENT.
LOT LINES/PROPERTY LINES. The property lines along the edge of a lot or site.
(1) FRONT LOT LINE. A lot line, or segment of a lot line, that abuts a street. On a corner lot, the FRONT LOT LINE is the shortest of the lot lines that abut a street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front lot line for the purpose of determining required setbacks. However, a through lot has two FRONT LOT LINES regardless of whether the street lot lines are of equal or unequal length. See the figures below.
(2) REAR LOT LINE. A lot line that is opposite a front lot line. A triangular lot has two side lot lines but no REAR LOT LINE. For other irregularly shaped lots, the REAR LOT LINE is all lot lines that are most nearly opposite the front lot line. See the figures below.
(3) SIDE LOT LINE. A lot line that connects front and rear lot lines. On a corner lot, the longer lot line that abuts a street is a SIDE LOT LINE. See the figures below.
(4) SIDE STREET LOT LINE. A lot line that is both a side lot line and a street lot line. See the figures below.
(5) STREET LOT LINE. A lot line, or segment of a lot line, that abuts a street. STREET LOT LINE does not include lot lines that abut a dedicated alley. On a corner lot, there are two (or more) street lot lines. STREET LOT LINE can include front lot lines and side lot lines; however, both are considered front yards for the purpose of measuring required setbacks. See the figures below.
Corner Lots
Flag Lot
Front and Side Lot Lines
Street Lot Lines
Lot Lines on Irregular Lots
LOT OF RECORD. A legally created lot or parcel meeting all applicable regulations in effect at the time of creation, and held in separate ownership, or any other lot deemed a legal lot under § 153.003.
MAIN FLOOR. Building floor closest to street level and within four feet of finished grade.
MAIN/PRIMARY BUILDING ENTRANCE. A main entrance is the entrance to a building that most pedestrians are expected to use. Generally, each building has one main entrance, however, some buildings may have more than one primary entrance or may have entrances that open directly into the building’s lobby or principal interior ground level circulation space.
MAJOR REMODELING. Projects where the floor area or the developed area of the site increases by 35% or more.
MANEUVERING AREA/AISLE. The driving area in a parking lot where motor vehicles are able to turn around and access parking or loading spaces.
MANUFACTURED AND MOBILE HOMES. See RESIDENTIAL STRUCTURE TYPES.
MANUFACTURED AND MOBILE HOME PARK (LAND USE). Any place where four or more manufactured dwellings 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 or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. MANUFACTURED DWELLING PARK does not include a lot or lots located within an approved subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot. See also ORS Chapter 446.
MANUFACTURING AND PRODUCTION (LAND USE). Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging or assembly of goods. Examples include: processing of food and related products; breweries and distilleries when not accessory to a commercial use; slaughter houses or meat packing; taxidermist; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, vehicles, appliances; sign making; production of prefabricated structures, including mobile homes; and the production of energy.
MIXED-USE. The combination on a site of residential uses with commercial (e.g., office, retail or services), civic or light industrial uses.
MULTI-FAMILY HOUSING. See RESIDENTIAL STRUCTURE TYPES.
NONCONFORMING DEVELOPMENT. An element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk or parking area, or lack thereof, that was created in conformance with development regulations but which subsequently, due to a change in the zone or applicable code standards, is no longer in conformance with the current applicable development regulations. See § 153.004.
NONCONFORMING SITUATION. A nonconforming development or nonconforming use. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. See also NONCONFORMING DEVELOPMENT and NONCONFORMING USE. See § 153.004.
NONCONFORMING USE. A use that was allowed by right when established or a use that obtained a required land use approval when established but that subsequently, due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See § 153.004.
OFFICE (LAND USE). Uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services.
ORIENTATION. To cause to face toward a particular point of reference (e.g., a building oriented to the street).
OWNER. The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the Office of the County Assessor. OWNER also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the city a copy of a deed or contract of sale signed by the owner of record.
PARCEL. A legally defined area of land created through a partition.
PARKS AND OPEN SPACES (LAND USE). Public parks or private common areas consisting mostly of recreational facilities, community gardens or natural areas.
PARKING AREA. The area devoted to the standing, maneuvering and circulation of motor vehicles. PARKING AREAS do not include driveways or areas devoted exclusively to non-passenger loading or fire apparatus lanes.
PARKING LOT PERIMETER. The boundary of a parking lot area that usually contains a landscaped buffer area.
PARKING VERSUS STORAGE. Parking is to leave a motor vehicle for a temporary time. Storage is to place or leave in a location for storage, maintenance, repair, future sale or rental or future use for an indefinite period of time.
PARTITION. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. See ORS 92.010(8).
PLANTER STRIP. A landscape area for street trees and other plantings within the public right-of-way, usually a continuous planter area between the street and a sidewalk.
PRACTICABLE. Capable of being done after taking into consideration reasonable cost, existing technology and logistics in light of overall project purposes.
PRIMARY STRUCTURE. A structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a PRIMARY STRUCTURE. The difference between a primary and accessory structure is determined by comparing the size, placement, design, appearance and the orientation of the structures on a site.
PRIMARY USE. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed or ordinarily used. A site may have more than one PRIMARY USE.
PROJECT. An existing or proposed use or development subject to one or more land use approvals.
Property Line Adjustment
PROPERTY LINE: FRONT, REAR, INTERIOR SIDE, STREET SIDE. See LOT LINE.
PUBLIC ACCESS EASEMENT. See TRANSPORTATION-RELATED DEFINITIONS.
QUASI-JUDICIAL. An action or decision that requires substantial discretion or judgment in applying the standards or criteria of this chapter to the facts of a development or land use proposal and requires a public hearing.
RADIO FREQUENCY TRANSMISSION FACILITIES (LAND USE). Includes all devices, equipment, machinery, structures or supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Towers may be self-supporting, guyed or mounted on poles or buildings.
RECREATIONAL VEHICLE PARK (LAND USE). A commercial use providing space and facilities for motor homes or other recreational vehicles for recreational use or transient lodging. There is no minimum required stay in a recreational vehicle park, however, the city may establish the maximum length of stay. Uses where unoccupied recreational vehicles are offered for sale or lease, or are stored, are not included as RECREATIONAL VEHICLE PARKS.
RELIGIOUS INSTITUTIONS AND PLACES OF WORSHIP (LAND USE). Uses primarily providing meeting areas for religious activities; may include schools as an accessory use.
RESIDENTIAL USE/RESIDENTIAL STRUCTURE TYPES (LAND USES).
(1) ATTACHED HOUSE (TOWNHOME OR ROWHOUSE). A dwelling unit located on its own lot that shares one or more common or abutting walls with one or more dwelling units on adjacent lot(s).
(2) DUPLEX. A building that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.
(3) DWELLING UNIT. A building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking and sanitation, and that is designed for residential occupancy by a group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar.
(4) 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 used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
(5) 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 the state mobile home law in effect at the time of construction.
(6) MULTI-FAMILY DEVELOPMENT. A structure or grouping of structures containing three or more dwellings on the same lot.
(7) MULTI-FAMILY STRUCTURE. A structure containing three or more dwelling units. The land underneath the structure is not divided into separate lots.
(8) RECREATIONAL VEHICLE. A vehicle with or without motive power, that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and as further defined by state law and/or administrative rules.
(9) RESIDENTIAL FACILITY. As defined under ORS 430.010 (for alcohol and drug abuse programs); ORS 443.400 (for persons with disabilities); and ORS 443.880; RESIDENTIAL FACILITIES provide housing and care for six to 15 individuals who need not be related. Staff persons required to meet state-licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents.
(10) RESIDENTIAL HOME. A residential treatment or training or adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 through 443.825, a residential facility registered under ORS 443.480 through 443.500 or an adult foster home licensed under ORS 443.705 through 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. (See also ORS 197.660.)
(11) RESIDENTIAL TRAILER. 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 before January 1, 1962.
(12) SENIOR HOUSING. Housing designated and/or managed for persons over a specified age. Specific age restrictions vary. May include assisted living facilities, retirement homes, convalescent or nursing homes and similar uses not otherwise classified as residential homes or residential facilities.
(13) SINGLE-FAMILY HOUSE. A detached dwelling unit located on its own lot.
RETAIL SALES AND SERVICE USES (LAND USE). Retail sales and service uses sell, lease or rent new or used products, goods or services. They include services such as barber/salon, accountant, restaurant, bar, repair service and similar uses. See also VEHICLE REPAIR.
RIGHT-OF-WAY. See TRANSPORTATION-RELATED DEFINITIONS.
ROADWAY; ROADWAY AUTHORITY. See TRANSPORTATION-RELATED DEFINITIONS.
SCHOOLS (LAND USE). Public and private schools, secular or parochial, at the primary, elementary, middle, junior high or high school level.
SELF-SERVICE STORAGE. Mini-storage or other storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.
SETBACK/SETBACK YARD. The minimum distance required between a specified object, such as a building, and another point, measured from lot lines to a specified object. Typically, a SETBACK refers to the minimum distance (yard dimension) from a building to a specified property line.
SHARED DRIVEWAY. See TRANSPORTATION-RELATED DEFINITIONS.
SIGN. Any outdoor device, or device visible from outdoors, providing identification, advertising or directional information for a specific business, group of businesses, service, product, brand, person, organization, place or building. Included in this definition of SIGNS are graphic devices such as logos, trademarks and attention attracting objects such as wind-driven spinners and portable sign devices, logo sculpture and banners, balloons, streamers, strobe lights, flags, inflatable structures, projected picture signs, holographic projection signs, laser projected designs/images/copy and other attention attracting media and devices.
SITE. For land divisions, property line adjustments and lot consolidations, the SITE is the lots, lots of record, parcels or tracts proposed to be divided or reconfigured. For all other purposes, the SITE is an ownership except as follows.
(1) If a proposed development includes multiple ownerships, then the SITE is the combined area of all contiguous ownerships.
(2) If a proposed development includes only a portion of an ownership, and the balance of the ownership is vacant, then the applicant may choose to define the SITE as the portion of the ownership that is proposed for development.
(3) If a proposed development includes only a portion of an ownership, and there is other development on the ownership, then the applicant may choose to define the SITE as the portion of the ownership that is currently developed plus the portion proposed for development.
SITE FRONTAGE. The part of a site that abuts a street. See also BLOCK/STREET FRONTAGE.
STREET-FACING/ORIENTED TO STREET. A wall plane of a structure that faces or is oriented within 45 degrees or less from a street lot line.
TOPOGRAPHICAL CONSTRAINT. Where existing slopes, landforms (e.g., streams, canals, rock outcropping and the like) or existing manmade feature (e.g., embankment or berm) make conformance with a code standard impracticable.
TRACT. A piece of land within a platted subdivision reserved for open space, utility corridor, recreation facilities, sensitive lands or other purpose; may be dedicated to a homeowner’s association or other entity for maintenance.
(1) ACCESS. A way or means of approach to provide pedestrian, bicycle and/or motor vehicular entrances or exits to a property.
(a) ACCESS POINT. Any driveway, street, turnout or other means of providing for the movement of vehicles to or from a public roadway.
(b) REASONABLE ACCESS. Access that does not require excessive out-of-direction travel or pose a safety hazard.
(2) ACCESS EASEMENT. An easement recorded for the purpose of providing vehicle, bicycle and/or pedestrian access from a public street to a parcel across intervening property under separate ownership from the parcel being provided access. Cross access is a service drive providing vehicular access between two or more separate sites, so that the driver need not enter the public street system between sites.
(3) ACCESSIBLE. Two meanings are possible depending on the specific code provision: In general, ACCESSIBLE means approachable by pedestrians, vehicles or other transportation mode, as applicable. ACCESSIBLE may also mean approachable and useable by people with disabilities, in conformance with the federal Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. Either or both definitions may apply in a particular situation. See ACCESSIBLE ROUTE.
(4) ACCESS MANAGEMENT. The systematic control of the location, spacing, design and operation of driveways, median openings interchanges and street connections to a roadway to minimize conflicts between turning and through vehicles, bicyclists and pedestrians. The purpose of ACCESS MANAGEMENT is to provide vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system. Public facility measures to support ACCESS MANAGEMENT include roadway design applications, such as median treatments and auxiliary lanes, and the appropriate spacing of traffic signals. Measures that may be included as conditions of approval for development decisions include, but are not limited to:
(a) Standards such as minimum spacing of driveways and on-site vehicle storage requirements;
(b) Mitigation related to site conditions such as right-in-right-out only approaches, medians, dedicated turn lanes and shared driveways; and
(c) Provision for future opportunities for mitigation by land dedication or easement.
(5) ACCESS SPACING/INTERSECTION SPACING. The minimum required distance from an intersection of a public or private street to the nearest driveway or other access connection, measured from the closest edge of the pavement of the intersecting street to the closest edge of the pavement of the connection along the traveled way.
(6) ACCESS WAY. A walkway providing a through connection for pedestrians between two streets, between two lots, or between a development and a public right-of-way. It may be an access way for pedestrians and bicyclists (with no vehicle access), or a walkway on public or private property (i.e., with a public access easement); may also be designed to accommodate emergency vehicles. See also WALKWAY.
(7) DEAD-END STREET. A street that connects to another street at only one end, does not have a city-approved turnaround on its other end, and may or may not be extended to serve future development. A pedestrian connection may extend from the end of a DEAD-END STREET to connect with another street of any type, or with another pedestrian connection.
(8) DRIVEWAY. An area providing vehicle access to a site, except streets.
(9) DRIVEWAY, SHARED. When land uses on two or more lots or parcels share one driveway. An easement or tract (owned in common) must be created and recorded for this purpose.
(10) LEVEL OF SERVICE (LOS). A quantitative standard for transportation facilities describing operational conditions. See CITY TRANSPORTATION SYSTEM PLAN.
(11) PATHWAY. A walkway, bikeway or access way conforming to city standards and separated from the street right-of-way, that may or may not be within a public right-of-way.
(12) PUBLIC ACCESS EASEMENT. An easement granted to the public for vehicular and pedestrian access, or for non-motorized access.
(13) RIGHT-OF-WAY. An area that allows for the passage of people or vehicles. RIGHT-OF-WAY includes all public streets, highways, alleys and public access ways (e.g., pedestrian connections). A RIGHT-OF-WAY may be dedicated or deeded to the public for public use and under the control of a public agency, or it may be privately owned, provided the public is granted access. A RIGHT-OF-WAY that is not dedicated or deeded to the public will be in a public access easement and may be separately contained in a tract.
(14) ROAD or ROADWAY AUTHORITY. The city or other agency (e.g., the State Department of Transportation, the city or the county) with jurisdiction over a road or street.
(15) ROADWAY. The portion of a right-of-way that is improved for motor vehicle and bicycle travel, subject to applicable state motor vehicle licensing requirements. ROADWAY includes vehicle travel lanes and on-street parking areas. ROADWAY does not include area devoted to curbs, parking strips or sidewalks.
(16) SIDEWALK. A paved walkway within a public street right-of-way that is generally located adjacent to and separated from the roadway by a curb, swale or planter strip.
(17) SIGHT DISTANCE. The unobstructed viewing distance measured from one object or location to another object or location, usually required the purpose of traffic safety.
(18) STREET. A right-of-way that is intended for motor vehicle, pedestrian or bicycle travel or for motor vehicle, bicycle or pedestrian access to abutting property. For the purposes of this chapter, STREET does not include alleys, rail rights-of-way that do not also allow for motor vehicle access or freeways and their on-ramps.
(19) STREET CONNECTIVITY. Expressed as the number of street and/or access way connections within a specific geographic area. Higher levels of connectivity provide for more direct transportation routes and better dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through neighborhoods.
(20) STREET STUB. A temporary street ending where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end or dead-end street. See also DEAD-END STREET.
(21) THROUGH STREET. A street that connects to other streets at both ends or is planned to do so in the future, pursuant to an adopted transportation plan.
(22) TURNAROUND. A vehicle maneuvering area at the end of a dead-end street (e.g., hammerhead, cul-de-sac or other configuration) that allows for vehicles to turn around.
(23) WALKWAY. A sidewalk or path, including any access way, improved to city standards or to other roadway authority standards, as applicable. See also ACCESS WAY, PATHWAY, SIDEWALK.
TRAVEL TRAILER. A vacation structure or self-propelled vehicle equipped with wheels for street or highway use; intended for human occupancy; equipped with plumbing, sink or toilets; used for vacation and recreational purposes; and not used as a residence. See ORS 446.003(5) and (24); and see RECREATIONAL VEHICLE.
USE (LAND USE). The purpose for which land or a structure is designed, arranged, intended, occupied or maintained.
UTILITIES. For the purpose of this chapter, there are two types of utilities.
(1) PRIVATE UTILITIES. Telephone, electric, telecommunication and similar franchise facilities.
(2) PUBLIC UTILITIES. Water and wastewater conveyance and treatment facilities.
UTILITIES (LAND USE). Utilities are infrastructure services, which need to be located in or near the area where the service is provided. Basic utility uses may or may not have regular employees at the site. Services may be public or privately provided. Examples include: water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; water quality and flow control facilities; water conveyance systems; stormwater facilities and conveyance systems; telephone exchanges; suspended cable transportation systems; public safety facilities; district heating and cooling systems; solar, wind or geothermal power generation facilities that are not accessory to a primary use; and emergency communication broadcast facilities. Larger-scale utility facilities, and those that do not conform to the above definition (e.g., biomass power generation), may be classified as industrial uses or “other” uses (e.g., utility corridor) as applicable.
VEHICLE REPAIR. Repair of passenger vehicles, trucks or other motor vehicles such as motorcycles, boats and recreational vehicles.
VEHICLE SERVICING. Gas stations, unattended card key stations, car washes, commercial vehicle maintenance and/or oil and lubrication services and similar uses.
VISION CLEARANCE AREA. The areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety and to maintain adequate sight distance. See § 153.141.
WAREHOUSE, FREIGHT MOVEMENT AND DISTRIBUTION. The storage or movement of goods, except as accessory to a primary permitted use on the subject site.
WASTE COLLECTION AREAS. Include areas set aside or designed to be used for garbage collection and collection of materials for recycling. WASTE COLLECTION AREAS include areas occupied by dumpsters and other solid waste receptacles.
WASTE-RELATED USE. Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes or uses that manufacture or produce goods or energy from the biological decomposition of organic material. WASTE-RELATED USES also include uses that receive, store, sort and distribute post-consumer recyclable materials; and those that receive hazardous wastes from others and are subject to the hazardous waste management regulations of OAR 340-100-0001 through 340-100-0043.
WIRELESS COMMUNICATION EQUIPMENT. Cellular towers, antennae, monopoles and related facilities used for radio signal transmission and receiving.
YARD. The area defined by setbacks (i.e., between the setback line and nearest property line).
(Ord. 1267, passed 1-3-2012)