For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Within these definitions, the masculine includes the feminine, and the singular includes the plural, unless otherwise specified. No preference or prejudice is intended in defining these terms. The terms "shall", "will" and "must" are mandatory. The terms "may", "should", "could" or "can" are permissive.
ABUTTING. Adjoining with a common boundary line.
ACCESS. The way or means by which pedestrians or vehicles enter and leave property or a building.
ACCESS WAY. The ingress and egress to a property or building; or an unobstructed way which provides vehicular or pedestrian access and circulation within a specific area, such as a subdivision or mobile home park.
ACCESSORY DWELLING. An interior, attached sharing a common wall or heated space, or detached residential structure with permanently installed cook
top and oven that is used in connection with, or that is accessory to, a single-family dwelling.
ACCESSORY STRUCTURE OR USE. A structure or a use that is incidental and subordinate to the main structure or use of the property and located on the same lot as that main structure or use. (NOTE: It is possible to have an accessory structure, such as a garage or shed, on a lot without the main structure when that main structure has been removed, but the lot is still planned and zoned for that same or similar primary use.)
ADJACENT. "Near" or "close". A business that is on the adjoining lot having a common boundary.
ADJOIN. The same as "abut". (See ABUTTING.)
ADULT BUSINESS. Any of a number of businesses that is generally characterized by an emphasis on sexually explicit materials or activities, minors are excluded as a legal or prevailing business practice.
ADVERTISING STRUCTURE. Any notice or advertisement, pictorial or otherwise, and any structure used as, or for the support of, the notice or advertisement, or for the purpose of making anything known about goods, services or activities.
AGRICULTURE. The "agricultural use" of the land shall include farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, along with any necessary accessory uses for the processing, storing or distribution of related products. Temporary or short-term activities, such as 4-H projects, are not included in the definition of AGRICULTURE.
ALLEY. A public or private way that affords secondary access to properties that are otherwise served by a street.
ALTERATION. Any change, addition or modification to the physical or structural condition of land or structures, or a change in the status of occupancy of land or a structure.
AMENDMENT. A change in the wording, context or substance of any official ordinance or other publication, including related maps, illustrations, concepts, policies or plans.
ANIMAL HOSPITAL OR CLINIC. A place where animals or pets are given medical or surgical treatment and are cared for during the time of the treatment. The use of such a facility for kennel purposes shall be limited to short-time boarding incidental to the hospital or clinic use.
APARTMENT. A dwelling unit in a multiple-family structure or building that is typically designed for and utilized as a rental dwelling. A condominium-type dwelling might also be referred to as an APARTMENT, regardless of the ownership status, if it is within a multi-family structure.
APARTMENT HOUSE. Any building or portion thereof which contains three or more individual dwelling units, regardless of the ownership arrangement.
ASSEMBLY BUILDING. A building or portion thereof used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, awaiting transportation or similar activities.
AUTOMOBILE REPAIR, MAJOR. The general repair, rebuilding or reconditioning of engines, transmissions and all other mechanical, chassis and body parts of automobiles, motorboats, motorcycles, recreational vehicles, trucks and other automotive equipment, including body, frame and fender repairs and painting. Tire sales and repairing are included in this category, but not tire manufacturing or recapping.
AUTOMOBILE REPAIR, MINOR. Includes facilities and services that involve automobile, boat, truck, RV and motorcycle upholstering; replacement of minor parts other than rebuilding or major overhauls; tune-ups; routine maintenance services; glass replacement; and other services not specified in "auto repair, major".
AUTOMOBILE SERVICE STATION. A building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale, and where repair services are secondary.
AUTOMOBILE, TRUCK, BOAT OR MOBILE HOME SALES LOT. An open lot used for the display, sale or rental of new or used motor vehicles, boats, trucks, trailers, snowmobiles, mobile home, motor homes, heavy construction or farm equipment or other "mobile" equipment or machinery. The lot may include an area for storage or repairs separate from the "sales" area, if approved for that purpose.
AUTOMOTIVE WRECKING. The dismantling or disassembling of motor vehicles or trailers; or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or vehicle parts.
BED AND BREAKFAST. A single-family dwelling or part thereof where traveler's accommodations and breakfast are provided for a fee on a daily or weekly room rental basis not to exceed 14 consecutive days.
BILLBOARD. Same as ADVERTISING STRUCTURE.
BOARDING HOUSE. Any building or portion thereof containing no more than five guest rooms which are occupied, or intended for occupancy, by guests in return for money, goods, labor or otherwise.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, EXISTING OR PREEXISTING. A building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this chapter or his or her duly authorized representative.
BUFFER. A land area or a physical barrier such as a wall, hedge, fence, waterway or other feature that has been established for the purpose of reducing or mitigating the adverse effects of a land use upon another land use.
CALENDAR YEAR. Three hundred and sixty-five consecutive days (including weekends and holidays) beginning on the first day of the year and ending on December 31.
CHANNEL. The bed in which the main stream of a river or other waterway flows and not including flood plain areas.
CHURCH. A building used for public worship and religious training.
CITY. The City of Shady Cove, Oregon.
CITY COUNCIL. The City Council of the City of Shady Cove, Oregon.
CLINIC. A place for group medical services not involving overnight housing of patients.
CLUB. The meeting place of an association of persons for a common objective, not a religious organization.
COMMISSION. The Planning Commission of the city.
CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a parcel of real property together with a separate interest in space in a residential, industrial or commercial building, such as an apartment, office or store.
CONTIGUOUS. Same as ABUTTING or ADJOINING.
CONVALESCENT HOME. A group quarters for the purpose of short- or long-term individual health care, medical treatment, rehabilitation or recuperation from disability or illness.
COMMON OPEN AREA. An open area within a development, designed and intended for the use or enjoyment of all residents or users of the development, or for the use and enjoyment of the public in general.
COMMUNITY CENTER OR HALL. A specific location or area within the community, or a particular building or portion thereof that is used, or intended for use, by residents or groups in the community for meetings, recreational activities or other special events or social activities.
CONTRACT ANNEXATION. A process whereby the city, county and other involved parties enter into a contract that permits:
(1) The county to administer city land use regulations for the development of property following an annexation decision while the property remains under county jurisdiction; and
(2) The city to annex property developed to city standards and uses, with the improvement to appear on the county tax rolls prior to the effective date of annexation, resulting in a greater benefit to the tax base of the community.
COUNTY. Unless otherwise stated, Jackson County, Oregon.
DAY CARE CENTER. Any type of regularly operated group day care program, including nurseries for children of working parents, nursery schools for children under the minimum age for public school education, parent cooperatives, nursery schools, playgrounds for preschool children and programs covering after-school care for school children.
DENSITY. The quotient of the total number of dwelling units divided by the gross site area, commonly expressed as dwelling units per acre.
DISTRICT. A portion of the total area within the boundaries of the city within which specific sections of these regulations apply. For example, the R-1, Single-Family Residential District.
DIVIDE. To separate land into two or more parts for the purpose of transferring a substantial interest in the value and ownership of those parts. The divisions of land can occur as a land partition or subdivision.
DRIVE-IN. All automobile service stations, businesses which dispense gas and oil and an ancillary use, car washes, commercial parking lots, convenience dairies, fast food outlets, banks with drive-up windows and any other establishment or commercial business where products or services are delivered or administered directly to motor vehicles or their occupants.
DRIVEWAY. A road or other access way that is located entirely on the parcel it serves.
DRUG STORE or PHARMACY. A commercial business involved in the preparation, preservation, compounding and dispensing of drugs and medicines. This business can be independent or a part of a larger store and is commonly associated with the sale of other merchandise including cosmetics, notions, stationery supplies or other similar items.
DWELLING, CONVENTIONAL. A "conventional" dwelling or group of the dwellings refers to buildings that are constructed on the site and in conformance with the Uniform Building Code requirements.
DWELLING GROUP. A group of two or more detached buildings used for residential purposes and located on a single tax lot with yard areas shared as common areas for all dwelling group occupants.
DWELLING, MANUFACTURED OR FACTORY-BUILT.
(1) MANUFACTURED DWELLING does not mean any building or structure subject to the structural special code adopted pursuant to O.R.S. 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer.
(2) 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.
(3) 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 1-1-1962 and 6-15-1976, and met the construction requirements of state mobile home law in effect at the time of construction.
(4) 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 1-1-1962.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed or used as a residence by three or more families or households, and containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached building designed or used for residential purposes by not more than one family and containing a single dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX). A building containing two residential dwelling units and commonly referred to as a DUPLEX.
DWELLING UNIT (D.U.). Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family.
FLAG LOT. A panhandle lot shaped like a flag and pole with its widest portion set away from the road that serves it, and with the thin "panhandle" or "flagpole" portion providing the access way or driveway.
FLOOR AREA. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of open vent shafts and open courts, but including all levels or floors of the building that provide habitable spaces.
FLOOR AREA RATIO. The mathematical ratio determined by dividing the total floor area of a building or buildings by the area of the lot on which it (or they) is located.
FLOOD INSURANCE. The insurance coverage provided under the Federal Flood Insurance Program.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Maps and the water surface elevation of the base flood.
FLOOD PLAIN, 100-YEAR. The land within the general vicinity of a river or other watercourse that is subject to a 1% chance of flooding in any given year, including the floodway and floodway fringe area.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FOSTER HOME. A home licensed by the state to provide food and shelter to not more than five persons in addition to the primary owner and occupants of the dwelling unit.
FOUR-H (4-H). A program set up by the U.S. Department of Agriculture to instruct young people through projects about modern farm practices and good citizenship.
GARAGE. A building or portion thereof in which a motor vehicle containing flammable liquids or gas in its tank is intended to be stored, repaired or kept.
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.
GROSS FLOOR AREA. All of the area within the outside dimensions of a buildings walls.
GROUP HOME. A state licensed home maintained and supervised by adults for the purpose of providing care, food and lodging for children under the age of 18 years, unattended by parents or guardians, where the number of unrelated persons living as one household commonly exceeds five.
GUEST, COMMERCIAL. Any person who is temporarily occupying a room or suite of rooms in a hotel, motel, convalescent home or other commercial facility that provides "guest rooms" that are designed and intended to be rented or leased (short term) to persons or families.
GUEST HOUSE. A building or structure, without a kitchen, not more than 800 square feet appurtenant to, a primary single-family dwelling unit, and that is intended for the lodging of guests. A GUEST HOUSE shall be utilized solely for the lodging of residential guests and shall not be rented or otherwise managed for income purposes.
GUEST, RESIDENTIAL. Any person who is temporarily occupying a dwelling, guest house, recreational vehicle parking area or any other portion of a dwelling at the invitation of that dwelling's owner or legal occupant and is not paying rent or other type of reimbursement in return for that occupancy privilege.
GUEST ROOM. Any room or rooms within a dwelling unit that is used or intended to be used for the lodging of residential guests, as defined, and not including a separate kitchen area or kitchen facilities in addition to those already available in the primary dwelling unit.
HOME OCCUPATION. Any occupation conducted within a residential zoning district primarily by a member or members of the family residing in that dwelling unit; provided, the business activity is clearly incidental and secondary to the primary residential use of that dwelling unit and property.
HOTEL or MOTEL. A building containing two or more rooms, or suites of rooms, designed to be used for the temporary living and sleeping place of its commercial guests, and which customarily provides such services as linen, maid service, furnishings and often recreational facilities.
JUNK YARD. A business that stores, keeps, dismantles, salvages, collects, buys or sells scraps or discarded pieces of metal, paper, rags, tires, bottles and assorted other materials, and also including those items associated with "automotive wrecking", as defined in these regulations.
KENNEL. Any premises that is operated as a business for the temporary care and boarding of three or more dogs, cats or other small animals or any combination thereof, except veterinary hospitals or animal clinics.
LANDSCAPING. Any combination of permanently maintained live trees, lawns, shrubs or other plant materials, including inorganic accessory materials utilized to accent or complement the vegetation. Fountains, ponds, sculpture, lamp posts, fences and other functional or decorative features may be integral components of a landscape plan.
LEASE. Conveyance of real estate by contract for a specified term for a specified rent.
LOT. A parcel of land lawfully created in accordance with the land division, partitioning or subdivision regulations in effect at the time of its creation. (See TAX LOT.)
LOT AREA. The total land area, commonly measured in square feet, within the boundaries of a legal lot, exclusive of any street or alley rights-of-way.
LOT, CORNER. A lot abutting at the intersection of two or more streets, or if the interior angle is less than 135 degrees within the lot lines, upon two parts of the same street.
LOT, COVERAGE. The percentage of the total lot area covered by structures, as defined in these regulations.
LOT, DEPTH. The horizontal distance between the front and rear lot lines or, in the case of a corner lot, the depth shall be the length of the longest front lot line.
LOT LINE, FRONT. The property line of a lot that abuts the street right-of-way. On a corner lot, the FRONT LOT LINE is the line on which the street address is located.
LOT LINE, REAR. A lot line that is not abutting a public street and which is opposite the front lot line of the lot. In the case of a triangular or otherwise irregularly shaped lot, the REAR LOT LINE shall be a line ten feet in length within the lot and parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line that cannot be defined as either a "front" or "rear" lot line.
LOT, THROUGH. One having public street frontage on two separate streets or highways. Each frontage would be considered the "front lot line" and there would be no "rear lot line".
LOT, WIDTH. The average horizontal distance between the side lot lines, measured parallel to the front lot line on a rectangular lot. Lots having irregular shapes shall measure width by street frontage or the average of the maximum and minimum widths, whichever is smaller.
LOUNGE, BAR or TAVERN. An establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors and where food service, if any, is secondary to the sale and consumption of alcoholic beverages. Sometimes in combination with musical entertainment and dancing.
MACHINE OR WELDING SHOP. A facility in which material is processed by machining, cutting, grinding, welding or similar processing operations. Such a shop is often a component of a larger industrial or commercial business or a necessary function of an automotive repair facility.
MAINTAIN. To cause or allow to continue in existence. When the context indicates, the word shall mean to preserve and care for a structure, improvement, condition or area to an extent that it remains attractive, safe and presentable and carries out the purpose for which it was originally installed, constructed or required.
MANUFACTURED HOME. (See DWELLING, MANUFACTURED OR FACTORY-BUILT.)
MINI STORAGE. A building or group of buildings in a controlled access compound that contains various sizes of individual compartmentalized and controlled-access, stairs or lockers for the dead storage of a customer's goods. No sales, service or repair activities other than the rental of storage units are permitted on the premises.
MOBILE HOME. (See DWELLING, MOBILE HOME.)
MOBILE HOME PARK. Any lot on which two or more mobile homes are located and being used for residential purposes, other than an approved "guest house" and where the primary purpose of the property owner is to rent or lease the spaces and related or necessary facilities to the owners or occupants of the mobile homes or to offer same in exchange for trade or services.
MOBILE HOME SPACE. A specific area of ground within a mobile home park that is designed and intended for the accommodation of a single mobile home and that includes all necessary utility hook-ups for that home.
MOTEL. See HOTEL or MOTEL.
NET SITE AREA. The square footage area within the exterior boundaries of a lot or property. Exclusive of public streets, public walks or land below the water line of the Rogue River.
NONCONFORMING USE. A structure, building or use that was lawfully constructed or established, but no longer conforms to the regulations or requirements of the city's zoning regulations or other codes.
OWNER. The owner of record of a specific tax lot or that owner's authorized representative.
PARCEL. (See LOT.)
PARK or PLAYGROUND. A recreational area or facility that is owned and/or operated by a private entity, public agency or school district, and is available to the general public.
PARTITIONS. To divide an area or lot into two or three smaller parcels, as provided for in the Chapter 153 of this code.
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.
PETS. Those animals, fowl, insects or fish which are normally and reasonably kept as household pets, not including any animals that are considered wild or vicious, or other creatures which, if not contained, would be considered dangerous to the public health or safety.
PLANNED UNIT DEVELOPMENT. A coordinated development that may include a mixture of residential, commercial, industrial and/or public uses, grouped in a manner that would not be permitted under conventional zoning, but that, if permitted, would consist of a variety and diversification of uses, buildings and spaces, more useable open space areas, clustering of dwellings or businesses, and should result in a more beneficial arrangement of uses with less impact on natural features or resources than might be expected under basic zoning requirements.
PLANNING COMMISSION. (See COMMISSION.)
PLOT PLAN. A drawing of a lot and the surrounding area showing the use and location of existing and proposed buildings, structures and improvements, and drawn to a scale, detail and description as may be required by city staff, Planning Commission or the specific provisions of the city's zoning regulations or Chapter 153 of this code.
PUBLIC ROAD. A state highway or other road which has been dedicated to the use of the public for road purposes, and not including an alley. May also be referred to as a PUBLIC STREET or simply STREET.
PUBLIC WAY. A publicly owned thoroughfare, pathway or route, not a street or highway for passage from place to place.
RECREATIONAL VEHICLE (RV). A vacation trailer, camping vehicle, motor home or other vehicle, with or without motive power, which is designed for short-term occupancy for recreational or vacation purposes, but not as a permanent or long-term residence. The vehicle is identified as a RECREATIONAL VEHICLE by the manufacturer and licensed as such.
RENT. The amount paid by a tenant or occupant to the owner of a property for the use thereof.
RETAINING WALL. A wall designed to resist the lateral displacement of soil or other materials.
RETIREMENT HOME. A facility that provides living quarters, owned or rented to persons of retirement age. The facility may be a single structure or a group or cluster of structures, designed primarily for residential purposes, but often including, limited medical, recreational, commercial or health services to the residents and their guests.
SCHOOL, BUSINESS. A business enterprise, not a public or private school, offering instruction and training in a service or art, such as secretary, barber, commercial artist and the like, but not including commercial trades or crafts.
SCHOOL, COMMERCIAL TO TRADE. A business enterprise other than a public, private or business school, offering instruction and training in a trade such as welding, brick laying, machinery operation or other similar manual trades.
SECOND-HAND STORE. A commercial store (usually retail) that specializes in the sale of second-hand or used items, including furniture, clothing, books and records/tapes or a variety of miscellaneous items.
SERVICE STATION. (See AUTOMOBILE SERVICE STATION.)
SETBACK. The distance from a right-of-way, easement boundary of a road or access way or from a lot line to any point of a building. (Minimum setback distances, as required for each zoning district, are sometimes referred to as YARD AREAS.)
STREET. (See PUBLIC ROAD.)
STRUCTURAL ALTERATION. A 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. Anything constructed or built which requires location on the ground or is attached to something having a location on the ground including swimming pools, covered patios, fences and walls; but not including normal plants and landscaping materials, paved outdoor areas, walks, driveways and similar improvements.
SUBDIVIDE. To divide an area or parcel into four or more legal and smaller lots in accordance with the requirements of the Chapter 153 of this code.
TAX LOT. A parcel, lot or other unit of land that is shown on the County Assessor's plat map of the subject area as an individual lot, for the purpose of taxation.
TEMPORARY. Unless otherwise defined or specified, such as in a condition of approval of a particular land use, TEMPORARY shall mean 30 days or less within any 12-month period.
TENT. A shelter consisting primarily of a fabric supported by metal or wood poles and ropes, which is designed for temporary short-term occupancy for recreational or emergency purposes. A TENT is not intended for permanent habitation.
TOWNHOUSE. A single-family dwelling unit on a separately platted lot, with use and occupancy identical to all other single-family dwelling units, except without the required side yard setbacks. INDIVIDUAL TOWNHOUSE UNITS are generally separated by common firewalls and their owners may not share in the ownership of a common area.
TRAILER PARK. (See MOBILE HOME PARK.)
UBC STANDARDS. The Uniform Building Code standards promulgated by the International Conference of Building Officials (ICBO), as adopted by the city.
URBAN GROWTH BOUNDARY (UGB). A site specific line on the official plan and zoning maps of Jackson County and the official comprehensive plan map of the city, showing the city's area of urban and urbanizable land.
URBANIZABLE AREA. Those lands that lie between the present city limits and the urban growth boundary are considered to be "urbanizable" during the current time period covered by the city's comprehensive plan.
USE. The purpose for which land or a structure is designed or intended, or for which it is occupied or maintained.
YARD. An open space, other than a court, that is unobstructed from the ground upward, except where specifically provided by the UBC Required yard areas are those portions of a lot that lie between the exterior property lines and the "building envelope" defined by the setback distances from those property lines.
YARD SALE. Temporary sales of goods from a private residence, limited to three days, four times a year, in a yard, a garage or other structures.
YEAR, CALENDAR. (See CALENDAR YEAR.) One year, 365 consecutive days including holidays and weekends, beginning on any date and ending 365 days later.
ZERO LOT LINE. A common line between two lots from which no setbacks are required.
(Ord. 225, passed 10-20-1994, § 5; Ord. 288, passed 8-2-2018; Ord. 293, passed 9-5-2019)