As used in this title, the masculine includes the feminine and neuter and the singular includes the plural; the word "occupied" includes designed or intended to be used; and the word "shall" is always mandatory and not merely directive. The following words and phrases, unless the context otherwise requires, shall mean:
ACCESS: The way or means by which pedestrians and vehicles enter and leave property.
ACCESSORY DWELLING: An interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling.
ACCESSORY STRUCTURE OR USE: A structure or use incidental and subordinate to the primary use of the property and that is located on the same lot with the main use, e.g., a home occupation is an accessory use.
ACCESSWAY OR ACCESS CORRIDOR: A defined right-of-way or easement provided for pedestrians, vehicles, or both, for safe, usable and convenient access to or between properties or uses. "Access corridor" means a separate travelway for pedestrians and bicyclists to minimize travel distances within and between subdivisions, planned unit developments, residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools, parks and convenience shopping.
ADULT ENTERTAINMENT BUSINESS OR USE: A business or use that provides sexually oriented entertainment, services or products which make up a substantial or significant portion of the establishment's activities or merchandise. Adult entertainment businesses or uses exclude minors by virtue of age under the laws of the State of Oregon, whether or not such minors are accompanied by a consenting parent, guardian or spouse. Types of uses include, but are not limited to: adult motion picture theaters, video arcades, massage parlors, nude modeling studios, lotion studios, adult bookstores, adult paraphernalia shops, nude photography studios, or eating and drinking establishments that have sexually oriented entertainment such as nude dancers, strippers, or other similar entertainers.
AGRICULTURE: The tilling of the soil and the raising of crops.
ALLEY: A narrow public street through a block primarily for service access to the rear or side of properties otherwise abutting on another street.
ALTERATION: Any manmade change to the use of a structure or the use of land.
ANTENNA: A system of electrical conductors for radiating or receiving radio waves, commonly consisting of a metal rod, wire panel or dish mounted on a supporting tower, pole, mast, or similar structure.
APARTMENT: A dwelling unit within a multi-family dwelling structure.
AUTOMOBILE: Any self-propelled vehicle (including motorcycles) capable of operating on any highway, street, road, alley or land.
AUTOMOBILE SERVICE STATION: A business that provides services for vehicles limited to the selling of petroleum products, tires, batteries and accessories, servicing of automobiles, including minor automotive repair, but excluding auto body and fender work, major engine repair or rebuilding, outside display of goods, except for petroleum products, and outside repairs of any kind.
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 every wheel more than fourteen inches (14") in diameter or two (2) tandem wheels either of which is more than fourteen inches (14") in diameter or having three (3) wheels in contact with the ground, any of which is more than fourteen inches (14") in diameter.
BICYCLE FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities, all bikeways, and shared roadways not specifically designated for bicycle use.
BIKEWAY: Any road, path or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is shared with other transportation modes.
BOARDING, LODGING OR ROOMING HOUSE: A building where lodging with or without meals is provided for compensation for not less than five (5) and no more than ten (10) guests.
BOUNDARY LINE ADJUSTMENT: An adjustment of a property line by relocation of a common boundary where an additional unit of land is not created and where the existing land reduced in size by the adjustment complies with any applicable zoning ordinance.
BUILDING: A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING HEIGHT: The vertical distance measured from the grade to the highest point of the roof beams of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs.
BUILDING LINE: A line established by this title to govern the placement of a building with respect to the front lot line through the setback requirements of a minimum front yard. A building line is ordinarily parallel to the front lot line and at a distance in accordance with the setback requirements.
BUILDING SPECIFICATIONS: Requirements for minimum standards. (As established in the uniform building code.)
CITY: The city of Umatilla, Oregon.
COMMERCIAL USE: The activity of purchasing, selling or conducting other transactions involving the handling or disposition, other than included in the term light and heavy "industry" as defined in the appropriate section, of any article, substance or commodity for the livelihood or profit, including shops for the sale of personal services, professional services, and places where commodities, services or merchandise are sold or agreements are made to furnish them. Limited on site assembly of products offered for sale is permissible, as for a bakery or dressmaker.
COMMUNITY SERVICES USE: A use that may be appropriate or necessary in any district due to its public convenience, necessity, unusual character, technical need, or effect on the neighborhood. Such uses may include a public or private park, utility facility, building used for religious worship, as listed in chapter 6 of this title.
COMPREHENSIVE PLAN: The comprehensive plan for the city of Umatilla, comprising plans, maps, and reports, or any combination thereof, relating to the future economic and physical growth and development pattern or redevelopment of the city.
COUNCIL: The city council of the city of Umatilla, Oregon.
DEDICATION: The designation of land by its owner for any general or public use.
DENSITY, NET: The number of dwelling units per unit of land, expressed as the number of square feet of land per dwelling unit. The net density is computed by dividing the net square footage by the number of dwelling units. Net square footage is determined by subtracting any area of land dedicated for public purposes from the total site area.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, construction, installation or alteration of buildings or other structures; condominium conversion; land division; establishment or termination of a right of access; storage on real property; tree cutting; clearing; mining, dredging, filling, grading, paving, excavation, or drilling operations.
DRIVE-THROUGH USE: A commercial use that involves provision of a product or service through a window or similar opening in a building, in a manner that does not require the customer to leave his/her automobile.
DUPLEX: A residential structure containing two (2) dwelling units and share a common wall, floor or ceiling, built on a single lot or parcel.
DWELLING UNIT: One or more rooms designed for occupancy by one family and not having more than one cooking facility. For the purposes of this title, a travel trailer is not a dwelling unit.
EASEMENT: A grant of the right to use a specific portion of a property for specific purposes.
EFFICIENCY DWELLING UNIT: The unit shall have a living room not less than two hundred (200) square feet nor more than five hundred (500) square feet of floor area and shall be provided with a separate closet, kitchen sink, cooking appliance and refrigeration facilities each having clear working space of not less than thirty inches (30") in front. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
EMPLOYEE(S): All persons, including proprietors, who work on premises during the largest shift at peak season.
FAMILY: One or more persons related by blood, marriage, legal adoption or legal guardianship living together in a dwelling unit plus not more than four (4) additional persons; or an individual or a group of not more than five (5) persons unrelated by blood, marriage, adoption or legal guardianship living in a dwelling unit.
FAMILY DAYCARE PROVIDER: A daycare provider which accommodates fewer than thirteen (13) children in the provider's home; this is considered a residential use.
FENCE: An accessory structure designed and intended to serve as a barrier or as a means of enclosing a yard or other area, or other structure; or to serve as a boundary feature separating two (2) or more properties. A "sight obscuring fence" is a fence constructed of wood or masonry or similar solid material or a chainlink fence with slats that is at least six feet (6') high and that completely obscures the view from one side of the fence to the other.
FLOODPLAIN: The floodplain of the Umatilla area is defined as those areas that would be inundated by the maximum flood that occurs once every one hundred (100) years as identified by the U.S. army corps of engineers or the federal emergency management agency.
FLOOR AREA: The area included in surrounding walls of a building or portion thereof, or the area contained under a roof for structures without walls.
FRONTAGE: The portion of a property which abuts a public street.
FUNCTIONAL AREA OF INTERSECTION: The area beyond the physical intersection of two (2) roadways that is necessary to safely traverse the intersection considering the perception, decision making and maneuvering distance required, plus any vehicle storage length needed. The functional area includes the length of road upstream from an oncoming intersection needed by motorists to perceive the intersection and begin maneuvers to negotiate it. The upstream area consists of distance for travel during perception-reaction time, travel for maneuvering and deceleration, and queue storage. The functional area also includes the length of road downstream from the intersection needed to reduce conflicts between through traffic and vehicles entering and exiting a property. The functional areas of intersections vary depending on any number of factors such as vehicle speed, number and types of travel lanes, traffic control devices used, existing driveways, vision clearance, and other factors affecting perception-reaction distance, maneuverability and queue storage required.
GARAGE, PRIVATE: An 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. A carport is considered a garage.
GARAGE, PUBLIC: A building, other than a private garage, used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
GRADE: A point of elevation of the finished surface of the ground, paving, or sidewalk within the area between a building and the property line, or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building. For determining building height, grade is measured at the lowest point of elevation. Also, the percent of elevation change of a street.
GRAZING: The use of land for pasturing domestic, herbivorous animals such as horses, cattle, sheep and goats.
HEAVY INDUSTRY: The manufacturing, processing, compounding, packaging or assembling of products, the process of which requires or creates emissions or discharges other than normal sanitary sewage wastes or the storage of materials which require permits be issued by the Oregon state department of environmental quality.
HOME OCCUPATION: A lawful business activity commonly carried on within a dwelling by members of the family occupying the dwelling. A home occupation is an accessory use as defined herein and is subject to subsection 10-11-1A of this title.
HORTICULTURE: A form of agriculture.
HOSPITAL: An establishment that provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.
HOTEL: A building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the room.
JUNKYARD: An area of more than two hundred (200) square feet not enclosed by a building and used for the dismantling, storage or handling in any manner of junked vehicles or other machinery or for the purpose of storage of dismantled material, junk and scrap, if such activity is not incidental to the primary use on the same lot.
KENNEL: Any premises or building in which four (4) or more dogs or cats at least four (4) months of age are kept for board, propagation or sale.
LANDSCAPING: Plant materials, including trees, shrubs, and ground cover. A landscaped area shall primarily be composed of plant materials, but may include a pedestrian walkway or patio or similar space if designed as an integral part of the landscaped area.
LIGHT INDUSTRY: The manufacturing, processing, compounding, packaging or assembling of products, the process of which does not require or create emissions or discharges other than normal sanitary sewage wastes or the storage of materials which require permits be issued by the Oregon state department of environmental quality.
LIVESTOCK: Domestic animals of types customarily raised or kept on farms for profit or other purposes.
LOCAL UTILITY DISTRIBUTION FACILITY: Distribution lines and facilities for water, sewer, power, telephone, cable television or internet that are located entirely within existing rights of way and/or utility easements, either underground or using existing poles, towers or other existing structures, and are primarily intended to serve local residences or businesses within the city's urban growth boundary.
LOT: A unit of land that is created by a subdivision or partition of land, which meets the minimum lot requirements as established by this title.
LOT AREA: The total horizontal area within lot lines of a lot.
LOT, CORNER: A lot abutting on two (2) intersecting streets other than an alley; provided, that the streets do not intersect at an angle greater than one hundred thirty five degrees (135°).
LOT DEPTH: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, INTERIOR: A lot with frontage on only one street.
LOT LINE: The property line bounding a lot.
LOT LINE, FRONT: The lot line separating a lot from a street other than an alley. In the case of a corner lot, the shortest lot line along a street other than an alley.
LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line; in the case of an irregular, triangular, or nonrectangular lot, a line ten feet (10') in length within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE: Any lot line that is not a front or rear lot line, including a side abutting a street.
LOT OF RECORD: A legally created lot or parcel of land at the time of adoption of this title.
LOT WIDTH: The distance between the midpoints of the two (2) principal opposite side lot lines, measured at approximately a right angle to the lot depth and parallel to the front lot line.
MAJOR UTILITY FACILITY: Any utility facility or structure, as distinguished from local distribution utility facilities, owned or operated by a public, semipublic, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution, or processing of its products or for the disposal of cooling water, waste or byproducts and including power transmission lines, major trunk pipelines, power substations, dams, water towers, railroad tracks, sewage lagoons, sanitary landfills, and similar facilities.
MANUFACTURED HOME: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction.
MANUFACTURED HOME PARK: Any place where manufactured homes are located on the same lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid for the rental or use of facilities. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot.
MARIJUANA PROCESSOR: A "person" who "processes" marijuana items in this state, as those terms are defined under ballot measure 91, sections 5(24) and (26)(a) and (b).
MARIJUANA RETAILER: A "person", as that term is defined under ballot measure 91, who sells marijuana items to a consumer in this state.
MEDICAL MARIJUANA DISPENSARY: A facility registered by the Oregon health authority under Oregon Revised Statutes 475.300 to 475.346 that dispenses marijuana pursuant to Oregon Revised Statutes 475.314.
MOBILE FOOD VENDOR: The vending of food and/or beverages from a vehicle that is equipped to both cook and sell food, and that is capable of being moved from place to place.
MOBILE FOOD VENDOR POD: A location where more than one (1) Mobile Food Vendor is located on the same lot, tract, or parcel of land under the same ownership.
MOBILE HOME: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities and is intended for human occupancy, is being used for residential purposes and was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of the Oregon mobile home law in effect at the time of construction.
MODULAR HOME: A sectional or factory built house built to meet the housing standards as set by the state of Oregon, designed to be affixed to real property on a permanent foundation.
MOTEL: An individual building or group of buildings attached or detached containing guestrooms together with conveniently located parking space on the same lot which is designed, used, or intended to be primarily used, for transient accommodations. The term includes auto courts, motor lodges, tourist courts and efficiency units.
MULTI-FAMILY DWELLING: A residential structure containing three (3) or more dwelling units.
MULTI-TENANT COMMERCIAL/OFFICE BUILDING: A building designed and intended to accommodate two (2) or more commercial retail or service uses or professional offices permitted in the zone, or any combination thereof, through leasing of floor space.
NONCONFORMING STRUCTURE OR USE: A lawful existing structure or use at the time this title, or any amendment thereto, becomes effective which does not conform to the requirements of the district in which it is located.
NURSING HOME: A facility other than a residential dwelling unit which provides care and nurturing for the elderly.
OWNER: An owner of record of real property or the authorized registered agent of an owner, as shown in the records of the county assessor.
PARKING LOT: Four (4) or more parking spaces designed to serve a single building or use, or four (4) or more parking spaces required under chapter 9 of this title, together with associated maneuvering and access space.
PARKING SPACE: A rectangular space designed with sufficient area for the parking of a standard American automobile.
PARKING SPACES FOR HANDICAPPED: A rectangular space designed to comply with specifications of the Americans with disabilities act (ADA).
PEDESTRIAN: A person who is traveling without the use of a vehicle; i.e., walking or using a wheelchair.
PEDESTRIAN FACILITIES: Improvements which provide for pedestrian traffic including sidewalks, walkways, crosswalks and other improvements, such as lighting and benches which make it safe or convenient to walk.
PERSON: An individual, firm, partnership, association or social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.
PLANNING COMMISSION: The city of Umatilla planning commission.
PRIMARY USE: The primary use to which a premises is devoted and the primary purpose for which the premises exists.
RECREATION VEHICLE: A vacation trailer, travel trailer, or other vehicular or portable unit which is either self- propelled or towed or carried by a motor vehicle; which is intended for human occupancy; and is designed primarily for vacation or recreation purposes, or temporary residential use. A recreation vehicle is further defined as a mobile unit of forty five feet (45') in length or less and eight feet (8') in width when equipped for travel purposes.
RECREATION VEHICLE PARK: A lot that is operated on a fee or other basis as a place for the parking of occupied recreation vehicles. A recreation vehicle park may include a residential structure for a resident manager and/or caretaker.
RESIDENTIAL FACILITY:
A. Child Caring Facility: A facility that provides for six (6) or more children (unmarried persons under 18 years of age), for day treatment for disturbed children; adoption placement services; residential care, including, but not limited to, foster care of residential treatment for children; or other similar services for children.
B. Residential Care Facility: A facility that provides for six (6) or more physically disabled or socially dependent individuals, residential care in one or more buildings on contiguous properties as provided by Oregon Revised Statutes 443.400(5).
C. Residential Training Facility: A facility that provides for six (6) or more mentally retarded or other developmentally disabled individuals, residential care and training in one or more buildings on contiguous properties as provided by Oregon Revised Statutes 443.400(7).
D. Residential Treatment Facility: A facility that provides for six (6) or more mentally, emotionally, or behaviorally disturbed individuals or alcohol or drug dependent persons, residential care and treatment in one or more buildings on contiguous properties as provided by Oregon Revised Statutes 443.400(9).
RESIDENTIAL HOME:
A. Adult Foster Home: A family home or facility in which residential care is provided for five (5) or fewer adults who are not related to the provider by blood or marriage as provided by Oregon Revised Statutes 443.705(1).
B. Registered Residential Facility: A facility that provides residential care for five (5) or fewer disabled (physical or mental impairment which for the individual constitutes or results in functional limitation to 1 or more life activities) or elderly (62 years of age or older) individuals as provided by Oregon Revised Statutes 443.480 to 443.500.
C. Residential Training Home: A facility that provides, for five (5) or fewer mentally retarded or other developmentally disabled individuals, residential care and training in one or more buildings on contiguous properties, when so certified and funded by the mental health and development disability services division as provided by Oregon Revised Statutes 443.400(8).
D. Residential Treatment Home: A facility that provides, for five (5) or fewer mentally, emotionally or behaviorally disturbed individuals or alcohol or drug dependent persons, residential care and treatment in one or more buildings on contiguous properties as provided by Oregon Revised Statutes 443.400(10).
RESIDENTIAL TRAILER: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962.
SCREENING: A sight obscuring fence or landscaping that consists of dense perennial evergreen planting with sufficient foliage to obscure vision and which will reach an average height of at least six feet (6') within thirty (30) months after planting.
SETBACK: The distance between the closest part of a structure or use and a property line.
SETBACKS FOR CORNER LOTS: For determining required yard setback purposes only, the narrowest street frontage will be considered to be the front. The lot line most nearly parallel to the front lot line will be considered the rear; the remaining lot lines will be considered side lot lines.
SIDEWALK: A pedestrian walkway, with or without a curb, constructed of a durable, hard surface, usually concrete.
SIGN: A presentation or representation, other than a house number, which by words, letters, figures, designs, pictures or colors 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. The term includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered to be a sign.
SINGLE FAMILY DWELLING: A detached dwelling unit occupied by one family and located on its own lot.
SITE: An area of real property in common ownership, notwithstanding that a particular development permit application may be for development of a portion of the site only. Conveyance of less than fee title to different persons, such as by ground lease, shall not operate to prevent the requirement of site review for the entire site.
SITE REVIEW: The process of reviewing all community service developments, manufactured dwelling parks, attached dwelling structures (single-family and multi-family), commercial developments, and industrial developments for compliance with the standards and criteria of this code.
STREET: A public or private way that is created to provide access to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.
STRUCTURAL ALTERATION: A change to the supporting members of a structure including the supporting parts of foundations, bearing walls or partitions, columns, beams, girders or the roof.
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 joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.
TOWNHOUSE: A dwelling unit constructed in a row of two (2) or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall or architectural feature with an adjacent unit; also called attached single-family dwelling or townhome.
TRUCK STOP: Any business whose primary use is the servicing of trucks over one and one-half (11/2) ton capacity with petroleum products, repair and related services, including motel units, restaurant service, trucker accessories, batteries and tires.
UNIFORM BUILDING CODE (UBC): The current version of the state of Oregon specialty codes as adopted by the city of Umatilla.
USE: An activity or purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.
VEHICLE REPAIR: The general repair, alteration, rebuilding, maintenance, or reconditioning of vehicles, including motor, body, frame, upholstery, interior and/or paint work.
VISION CLEARANCE AREA: A triangular area on a lot at the intersection of two (2) streets or a street and 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. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. Plantings, walls, structures, or temporary or permanent obstructions exceeding three feet (3') in height measured from the grade of the street centerline are prohibited in this area.
WALKWAY: A facility provided specifically for the benefit and use of pedestrians.
YARD: An open space on a lot that is unobstructed from the ground upward except as otherwise provided in this title.
YARD, FRONT: A yard between side lot lines, measured horizontally at right angles to the front lot line, from the front lot line to the nearest point of the building.
YARD, REAR: A yard extending between side lot lines and measured horizontally and at right angles to the rear lot line from the rear lot line to the nearest point of the main building.
YARD, SIDE: A yard between the front and rear yards measured horizontally and at right angles to the side lot line from the side lot line to the nearest point of the building.
YARD, STREET SIDE: A yard adjacent to a street between the front yard and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building or other structure.
(Ord. 723, 6-17-2003; amd. Ord. 799, 11-3-2015; Ord. 830, 8-7-2018; Ord. 836, 6-4-2019; Ord. 840, 9-3-2019)