Dunes City City Zoning Code
GENERAL ADMINISTRATION
§ 155.001 COMPLIANCE, SCOPE.
(A) Fees and costs.
(1) Deposits required. All land use applications will require a deposit, as determined by the current fees and deposits schedule established by the City Council in effect at the time the application is made. If the application deposit is insufficient to cover the costs of processing the application, the applicant will be notified of the deficiency and shall pay and submit an additional deposit in the identical amount as the initial deposit. If there is a balance in the application deposit, or any additional deposit required, when the City Council has taken final action on the application, the balance will be refunded to the applicant.
(2) Expenditures defined; accounting schedule. Expenditures will be tracked by application. EXPENDITURES are all costs associated with the permit including, but not limited to, mailing costs, newspaper notification costs, staff labor, costs associated with services provided by a professional planner, and appropriate review by the City Engineer, the City Attorney, and the like. All expenditures will be tallied on a monthly basis and the applicant will be notified of the balance or deficiency of the application deposit no later than the end of the calendar monthly following the calendar month for which the accounting is being made. Any deficiency will be billed and will be paid by the applicant to the city within 30 calendar days of the date of billing. In any event, all expenditures incurred by the city associated with the permit will be fully paid prior to final approval by the City Council.
(3) Modification of fees. The schedule of deposits and/or permit fees may be hereafter modified by resolution duly adopted by the City Council. The addition of any new activities to the fees and deposits schedule will only be done by ordinance duly adopted by the City Council.
(B) Compliance with provisions in the development code. Land and structures shall be used or developed by construction, reconstruction, alteration, occupancy, and use only as this development code (or “code” or “chapter”), or any amendments thereto, permits. A plat may not be recorded and a building permit may not be issued except in compliance with the provisions of this code.
(C) Obligation by successor. The requirements of this code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.
(D) Most restrictive regulations apply. Where there is conflict between the provisions within this code, or between this code and other rules or regulations, the most restrictive or that imposing the higher standard for development governs.
(F) Transfer of development standard prohibited. A lot area, yard, or other open space, or off-street parking or loading area, which is required by this code for one use may not serve as a required lot area, yard, or other open space, or off-street parking or loading area, for another use, except as otherwise specifically allowed by this code.
(Ord. 259, passed - -; Ord. 213, passed 11-10-2012)
§ 155.002 CONSISTENCY WITH COMPREHENSIVE PLAN AND LAWS.
Each development and use application, and other procedure initiated under this code, shall be consistent with the adopted Comprehensive Plan of the city as implemented by this code, and with applicable state and federal laws and regulations. All provisions of this code shall be construed in conformity with the adopted Comprehensive Plan.
(Ord. 259, passed - -)
§ 155.003 USE OF A DEVELOPMENT.
Developments shall be used only as lawful uses. A LAWFUL USE OF A DEVELOPMENT is one that is allowed by this code (including legal non-conforming uses, subject to §§ 155.485 through 155.488), and is not prohibited by law.
(Ord. 259, passed - -)
§ 155.004 PRE-EXISTING APPROVALS.
(A) Pre-existing approvals.
(1) Uses, structures, and utilities that are explicitly authorized by, or that are necessary to carry out the uses or development explicitly authorized, a final city approval may be established pursuant to such an approval, and are not required to conform to changes made to this chapter after the city’s approval was issued.
(B) Pre-existing applications. The city will evaluate all development applications based upon the standards and criteria in this code that are in effect on the date the application is received by the city, so long as the application is deemed by the city to be completed when first received or is made complete by the applicant’s submittal of all requested additional information within 180 days of the day the application is received.
(Ord. 259, passed - -)
§ 155.005 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY.
(B) Certificate of occupancy required. To ensure completion of a development or use in the manner approved, a development may not be occupied and a use may not begin until the city has issued a certificate of occupancy following completion of the work in substantial conformance to the applicable land use and building permits.
(C) Prior to final completion. Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a certain date.
(Ord. 259, passed - -)
§ 155.006 OFFICIAL ACTION.
All officials, departments, and employees (including contractor officials) of the city vested with authority to issue permits or grant approvals shall adhere to, and require conformance with, this code, and may not issue any permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this code.
(Ord. 259, passed - -)
§ 155.007 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To end a violation of this code.
ABATEMENT. The process to end a violation of this code.
ABUTTING. Contiguous or adjoining, shall include the terms adjacent, adjoining, and contiguous.
ACCESS. The area of a street right-of-way where a vehicle may move to and from the street and an abutting property.
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.
ACCESS POINT. The connection of a driveway at the right-of-way line to the street.
ACCESS MANAGEMENT. The control of access for the purpose of improving the efficiency, safety, or operation of a street for vehicular movement. This control may include prohibiting, closing, or limiting direct access to a street from abutting properties by physical barriers (curbs, medians, and the like), land dedication, or easement.
ACCESSIBLE. Approachable and useable by people with disabilities. Complies with the Americans with Disabilities Act.
ACCESSORY BUILDING. Any subordinate building or portion of a main building, the use of which is incidental, appropriate, and subordinate to that of the main building.
ACCESSORY USE. A use incidental, appropriate, and subordinate to the main use of a lot or building.
ADJACENT. Abutting or located directly across a street right-of-way.
ADVERSE IMPACT. Negative effect of development that can be measured (for example, noise, air pollution, vibration, dust, and the like).
AGRICULTURE. The tilling of the soil, the raising of crops, horticulture, small livestock farming, dairying, and/or animal husbandry, and the raising of Christmas trees.
ALTER. To change any of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
AND/OR. For the purposes of this chapter, the grammatical use of AND/OR shall mean any one item or any combination of items in the phrase.
ARTERIAL. A street of considerable continuity, which is primarily a traffic artery for intercommunication among large areas. ARTERIAL STREETS in the city are defined as Canary Road, Clear Lake Road, and Highway 101.
BASEMENT. A story partly or wholly underground. A BASEMENT shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.
BED AND BREAKFAST. Provides accommodations plus breakfast on a daily or weekly basis in an operator- or owner-occupied home that is primarily used for this purpose. This use is operated as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a source of income to the proprietors.
BERM. A small rise or hill in a landscape.
BLOCK. A parcel of land or group of lots bounded by intersecting streets.
BOATHOUSE. A covered or enclosed structure used to store, shelter, or protect a boat or boats and boating equipment. A structure containing a dwelling does not qualify as a BOATHOUSE.
BOLLARD. A post of metal, wood, or masonry that is used to separate or direct traffic (vehicles, pedestrians, and/or bicycles). BOLLARDS are usually decorative, and may contain sidewalk or pathway lighting.
BOND or PERFORMANCE AGREEMENT GUARANTEE. A financial commitment by the petitioner or subdivider executed by a state licensed surety company in an amount equal to the full cost of construction and improvements, as required in this chapter, and conditioned upon the faithful performance thereof.
BOULEVARD. A street with broad open space areas; typically with planted medians.
BUILDING. That which is framed, erected, constructed, or placed to stand temporarily or permanently on a parcel of land. This definition shall specifically include a mobile home and accessories thereto. See STRUCTURE.
BUILDING FOOTPRINT. The outline of a building, as measured around its foundation.
BUILDING HEIGHT. The vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING, MAIN. A building within which is conducted the principal use permitted on the lot.
BUILDING OFFICIAL. Whenever the term or title “administrative authority,” “responsible official,” “building official,” or other similar designation is used herein, it shall be construed to mean the BUILDING OFFICIAL designated by the appointing authority of this jurisdiction.
BUILDING SITE. The ground area of a building or buildings, together with all required open spaces.
BULKHEAD. A vertical or nearly vertical bank protection structure placed parallel to the shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
CAMPGROUNDS. Any lot, tract, or parcel of land under the same ownership where two or more campsites are located which provide facilities for living in any manner other than in a permanent building constructed of wood and the like.
CAPACITY. Maximum holding or serviceability as used for land use, water flow, transportation, utilities, parks, and other public facilities.
CARPORT. A stationary structure which may be freestanding or attached, and open on at least one side consisting of a roof with its supports to shelter motor vehicles, recreational vehicles, or boats.
CHILD CARE FACILITY. Any registered or certified facility, as defined by O.R.S. 657A.250(5), that provides child care to 16 or fewer children, including the children of the provider.
CITY COUNCIL. The Common Council of Dunes City, Oregon, which is the governing body of the city.
CLEAR AND OBJECTIVE. Relates to decision criteria and standards that do not involve substantial discretion or individual judgment in their application.
CLINIC. Single or multiple offices for physicians, surgeons, dentists, chiropractors, osteopaths, and other members of the healing arts, including a dispensary in each such building to handle only merchandise of a nature customarily prescribed by occupants in connection with their practices.
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. This shall not include any organization, group, or association of which the chief activity is to render a service customarily carried on as a business.
CLUSTER. To situate buildings close together to preserve open space, reduce the overall land use impact of development, and reduce the amount of roads, services, and facilities needed to serve a development. The number of living units in a CLUSTER development shall not exceed, on the average, one living unit per acre within the development.
CODE ENFORCEMENT OFFICER. The City Recorder, or the City Recorder’s designee, including the Code Violation Investigator.
COLLECTOR. A street used to provide for traffic movement between arterials and local streets, and which provides direct access to abutting property.
COMMERCIAL. Land use involving buying/selling of goods or services as the primary activity.
COMMON AREA. Land commonly owned to include open space, landscaping, or recreation facilities (for example, typically owned by homeowners associations).
CONIFER. Any of various mostly needle-leaved or scale-leaved, chiefly evergreen, cone-bearing gymnospermous trees or shrubs such as pines, spruces, firs, and cedars.
CORNER RADIUS. The radius of a street corner, as measured around the curb or edge of pavement.
COTTAGE. See GUEST HOUSE.
CUL-DE-SAC. A circular area at the end of a dead-end street.
DAY NURSERY. Sec FAMILY CHILD CARE FACILITY.
DEAD-END STREET. A street that allows ingress/egress at only one end.
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. As used in this code, DENSITY does not include land devoted to street rights-of-way. DENSITY is a measurement used generally for residential uses.
DEVELOPABLE. Buildable land, as identified by the city’s Comprehensive Plan. Includes both vacant land and land likely to be redeveloped, per O.R.S. 197.295(1).
DEVELOPMENT. All improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, grading, and areas devoted to exterior display, storage, or activities. DEVELOPMENT includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes.
DISCRETIONARY. Describes a permit action or decision that involves substantial judgment or discretion.
DISTRICT. The term historically used to mean ZONE. The terms DISTRICT and ZONE both mean a portion of the incorporated territory of the city within which certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited, or within which certain yards or other open spaces are required, or within which certain lot areas are established, or within which certain height limitations are required for buildings, or within which certain off-street parking space is required, or within which a combination of such regulations are applied.
DIVISION OF LAND. The creation of a lot or parcel.
DOCK/FLOAT. An individual, unenclosed, structure which may either be secured to the adjacent or underlying land or that floats, that is used for mooring boats and for similar recreational uses such as sunbathing or as a swimming platform.
DRIVEWAY. A strip of land that is not a street but which provides vehicular access to a lot or parcel from a street.
DWELLING. A building or portion thereof which is occupied in whole or in part as a residence or sleeping place, either permanently or temporarily, by one or more families, but excluding hotels, motels, mobile homes, camping vehicles, and travel trailers.
DWELLING, SINGLE-FAMILY. A detached dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX). A building consisting of two separate dwelling units with a common roof and common foundation, designed and used exclusively for the occupancy of two families living independently of each other.
DWELLING UNIT. A living facility that includes provisions for sleeping, eating, cooking, and sanitation, as required by the Uniform Building Code, for not more than one family.
EASEMENT. An interest in land created by express grant, memorialized by written document, and executed without requisite formalities that clearly shows an intent to grant to the grantee the right to use and enjoy a certain portion of a parcel of land for limited purposes, without conveying title to the grantee.
EGRESS. The exit of vehicular traffic from properties to a street.
ELEVATION. Refers to a building face, or scaled drawing of the same, from grade to roof ridge line.
EVIDENCE. Application materials, plans, data, testimony, and factual information used to demonstrate compliance or non-compliance with a code standard or criterion.
FAMILY DAY CARE. See FAMILY CHILD CARE FACILITY.
FENCE. A barrier intended to prevent escape or intrusion, or to make a boundary.
FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility or building, or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, and access roadway.
FREEBOARD. The distance between the water surface and the deck of a boarding float or dock.
FRONTAGE. The dimension of a property line abutting a public or private street.
FRONTAGE STREET. A minor street which parallels an arterial street in order to provide access to abutting properties, and minimize direct access onto the arterial.
FUNCTIONAL CLASSIFICATION. Classification of streets. See STREET.
GANGWAY. A structure, which provides a pedestrian access between a fixed pier or shore and a boarding float.
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.
GRADE. There are two distinct contexts in which GRADE is applicable:
(1) Expressing the slope of a line joining two points as a percentage equal to unit rise divided by unit horizontal distance between the points multiplied by 100; or
(2) An artificial ground level elevation of a building, designated the BUILDING GRADE or AVERAGE GRADE, calculated as the average of the finished ground levels at the center of all walls of the building.
GROSS FLOOR AREA. The floor area of a building, except areas used exclusively for the service of the building, such as:
(1) Mechanical equipment space and shafts;
(2) Elevators;
(3) Stairways, escalators, and ramps; and
(4) Public restrooms, loading docks, or ramps.
GUEST HOUSE. A subordinate residential structure that is accessory to, and dependent on, an existing primary dwelling located on the same lot or parcel as the GUEST HOUSE. A GUEST HOUSE shall be occupied solely by members of the family residing in the primary dwelling, their non-paying guests, or by non-paying employees who work on the premises.
HAMMERHEAD TURNAROUND. A “T” or “L” shaped dead-end street that allows for vehicles to turn around at the end of a dead end street.
HIGHWAY. See STREET.
INFILL. The development of vacant, bypassed lands located in an area that is mainly developed.
INGRESS. The entrance of vehicular traffic to abutting properties from a street.
KITCHEN.
(1) An area within a structure that is used or designed to be used for the preparation or cooking of food, and that contains one or both of the following:
(a) Cooking appliances or rough in facilities including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills, or microwave ovens, or similar appliances, 240 volt electrical outlets or any gas lines; or
(b) A sink less than 18 inches in depth with a waste line drain one and one-half inches or greater in diameter and a refrigerator exceeding five cubic feet in capacity or space, opening with an electrical outlet that may reasonably be used for a refrigerator exceeding five cubic feet in capacity.
(2) An approved KITCHEN may have more than one sink, stove, oven, or refrigerator in the same room.
LAND DIVISION. The process of dividing land to create parcels or lots.
LAND USE. The main activity that occurs on a piece of land, or the structure in which the activity occurs (for example, residential, commercial, mixed use, industrial, open space, recreation, street rights-of-way, vacant, and the like).
LANDING. A level part of a staircase as at the end of a flight of stairs.
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. LANDSCAPING also includes irrigation systems, mulches, topsoil, and re-vegetation, or the preservation, protection, and replacement of existing trees.
LEGISLATIVE DECISION. A legislative action or decision is the making of law, as opposed to the application of existing law to a particular use (for example, adoption of, or amendment to, the Comprehensive Plan or development regulation).
LIVESTOCK. Domestic animal types customarily raised or kept on farms.
LOCAL IMPROVEMENT DISTRICT (LID). A small public district formed for the purpose of carrying out local improvements (paving of streets, construction of storm sewers, development of a park, and the like). Property owners within the LID are assessed for the cost of the improvements in accordance with O.R.S. 223.387 through 223.485.
LOT. A single unit of land that is created by a subdivision or partition of land. For purposes of the city code, the terms LOT and PARCEL may be used interchangeably and are used to describe a lawfully established unit of land pursuant to O.R.S. 92.192.
(1) BUTT LOT. A lot, the lot sideline of which abuts the rear lot line of two or more adjoining lots.
(2) CORNER LOT. A lot or parcel, at least two adjacent sides of which abuts streets other than alleys, provided the angle of intersection of the adjacent streets does not exceed 135 degrees.
(3) FLAG LOT. A lot or parcel, which has access to a road, street, or easement, by means of a narrow strip of lot or easement. See § 155.504.
(4) INTERIOR LOT. A lot or development site, other than a corner lot, with frontage only on one street.
(5) KEY LOT. A lot or parcel, the rear line of which abuts the lot sideline of two or more adjoining lots.
(6) PANHANDLE LOT. See FLAG LOT.
LOT AREA. The total surface area (measured horizontally) within the lot lines of a lot.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT LINE.
(1) FRONT LOT LINE. The lot line abutting a street. For corner lots, the FRONT LINE shall be that with the narrowest street frontage, and for double frontage lots the FRONT LINE shall be the lot front line having frontage on a street, which is so designated by the subdivider and approved by the Planning Commission.
(2) REAR LOT LINE. The lot line which is opposite and most distant from the front lot line. In the case of a triangular lot, the REAR LOT LINE for building purposes shall be assumed to be a line ten feet in length within the lot, parallel to, and at the maximum distance from, the front lot line.
(3) SIDE LOT LINE. Any lot line, which is not a FRONT or REAR LOT LINE.
LOT LINE ADJUSTMENT. A relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel. This development code also defines the consolidation of lots (as in, resulting in fewer lots) as a LOT LINE ADJUSTMENT. See PROPERTY LINE ADJUSTMENT.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
MAJOR COLLECTOR. To serve traffic from local roads and minor collectors to the arterial system. Individual accesses are allowed but minimized to protect system capacity and traffic safety. Within the city, Canary Road and Clear Lake Road, both county facilities, are considered MAJOR COLLECTORS.
MANUFACTURED DWELLING PARK. Any place where four or more manufactured dwellings, as defined in O.R.S. 446.003, 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 a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to O.R.S. 92.010 through 92.190.
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.
(O.R.S. 446.003)
MINISTERIAL DECISION. A routine governmental action or decision where there are clear and objective approval criteria. The issuance of a building permit is such an action.
MINOR COLLECTOR. To provide access to abutting properties and to serve local access needs of neighborhoods, including limited through traffic. New development that generates a significant volume of traffic will be discouraged from locating on MINOR COLLECTORS that serve residential areas. The majority of these roads are city-owned facilities. Pacific Avenue and Lake Boulevard are county facilities. MINOR COLLECTORS identified in the city include: Huckleberry Lane, Wright Road, a portion of Collins Loop, Peninsula Road, Salal Street, a portion of Cloud Nine Road, Erhart Road, Woodland Lane, Hilltop Drive, a portion of Parkway Drive, South Cove Drive, Brentwood Court, Ka-Teech Drive, and Kiechle Arm Road.
MITIGATION. Avoidance, rectification, repair, or compensation for negative impacts, which result from other actions (for example, improvements to a street may be required to mitigate for transportation impacts resulting from development).
MOTEL. A combination or group of two or more detached or semi-detached permanent dwellings or dwelling units occupying a building site in one ownership, owned and used to furnish transient living accommodations.
MULTI-FAMILY DWELLING. A building in which three or more residential units each have space for eating, living, and sleeping, and permanent provisions for cooking and sanitation.
MULTI-FAMILY HOUSING. Housing that provides for three or more separate dwelling units on a single legal lot and sharing common walls, floors, ceilings, courtyard playground, parking area, or other communal amenities.
NATURAL HAZARD. Natural areas that can cause dangerous or difficult development situations. For example, NATURAL HAZARD areas include steep slopes, unstable soils and landslides, flood areas.
NEIGHBORHOOD. A geographic area lived in by neighbors and usually having distinguishing character.
NON-CONFORMING LOT OF RECORD. A parcel of land which lawfully existed as a lot in compliance with all applicable ordinances and laws, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the lot dimension requirements for the zoning district in which it is located.
NON-CONFORMING STRUCTURE.
(1) A structure or portion thereof which was lawfully established in compliance with all applicable ordinances and laws, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the setback, height, maximum lot coverage, or other building development requirements of this chapter; or
(2) Is clearly designed and intended for uses other than any use permitted in the zoning district in which it is located.
NON-CONFORMING USE. Use of a structure or land, or structure and land in combination, which was lawfully established in compliance with all applicable ordinance and laws, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the use requirements for the zone in which it is located.
NON-NATIVE/INVASIVE PLANTS. See current Oregon State University Extension Service Bulletin for your specific area.
OFF-STREET PARKING. All off-street areas designed, used, required, or intended use for the parking of motor vehicles. OFF-STREET PARKING areas shall conform to the requirements of § 155.216.
ON-STREET PARKING. Parking in the street right-of-way, typically in parking lanes or bays. Parking may be “parallel” or “angled” in relation to the edge of the right-of-way or curb.
OPEN SPACE (COMMON/PRIVATE/ACTIVE/PASSIVE). Land within a development, which has been dedicated in common to the ownership within the development or to the public specifically for the purpose of providing places for recreation, conservation, or other OPEN SPACE uses.
ORDINARY HIGH WATER (OHW). The line on a bank or shore to which the high water ordinarily rises annually. For Siltcoos Lake, this is to be taken as 12 feet above mean sea level. For Woahink Lake, this is to be taken as 39.8 feet above mean sea level.
ORDINARY LOW WATER (OLW). The line on a bank or shore to which the low water ordinarily recedes annually. For Siltcoos Lake, this is to be taken as six feet above mean sea level.
ORIENTATION. To cause to face toward a particular point of reference (for example, “A building oriented to the street”).
OVERLAY ZONE. Provides regulations that address specific subjects that may be applicable in more than one land use zone.
OWNER. An individual, association, partnership, trust, or corporation having legal or equitable title to land, other than legal title held for purpose of security only.
PARCEL. A single unit of land that is created by a partitioning of land (O.R.S. 92.010(6)). For purposes of zoning requirements, the terms LOT and PARCEL may be used interchangeably and are used to describe a unit of land that meets or exceeds minimum requirements for use, coverage, and area, and to provide yards and other open spaces. See LOT.
PARENT ZONE. The primary zone for any property. Residential and Community Commercial are the only two PARENT ZONES in the city.
PARKING AREA, AUTOMOBILE. Space within a public parking area or a building, exclusive of driveways, ramps, columns, and office and work areas, for the temporary parking or storage of one automobile.
PARKING AREA, PRIVATE. Privately or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated, or otherwise identified for use by the tenants, employees, or owners of the property which is not open for use by the general public.
PARKING AREA, PUBLIC. Privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the general public, either free or for remuneration. PUBLIC PARKING AREAS may include parking lots for retail customers, patrons, and/or clients.
PARKING SPACE. A permanently maintained space with proper access for one standard-size automobile.
PARKING. The area used for leaving motor vehicles for a temporary time.
PARTITION/PARTITION LAND. To divide an area or tract of land into not more than 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.
(O.R.S. 92.010(9))
PATHWAY/WALKWAY/ACCESS WAY. A thoroughfare that satisfies the requirement for access ways in the Transportation Planning Rule of O.A.R. 660-012-045.
PIER. A non-floating fixed platform structure usually extending out over the water from the shore to which gangways are usually attached. Any floating access structure used for pedestrian access to any other structure in or over the shorelands shall be considered a PIER.
PILE. A slender wood or steel member driven into the ground to maintain position and location of floats, and to resist applied lateral forces (collectively, PILING).
PLACE OF WORSHIP. Church, synagogue, mosque, temple, chapel, meeting house, or other religious facility together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
PLANNING COMMISSION. The City Planning Commission, as defined in Chapter 32.
PLANNING OFFICIAL. The City Recorder, or the City Recorder’s designee.
PLANTER STRIP, TREE CUTOUT. A landscape area for street trees and other plantings within the public right-of-way, usually between the street and a sidewalk.
PLAT. A diagram, drawing, or replat containing all the descriptions, locations, specifications, dedications, provisions, and other information required by this chapter.
PLAZA. A public square or extra-wide sidewalk (for example, as on a street corner) that allows for special events, outdoor seating, sidewalk sales, and similar pedestrian activity.
PREMISES. A lot including its buildings.
PRIMARY. The largest or most substantial element on the property, as in primary use, residence, entrance, and the like. All other similar elements are secondary in size or importance.
PROPERTY LINE ADJUSTMENT. A relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel. This development code also defines the consolidation of lots (that is, resulting in fewer lots) as a lot line adjustment. See also LOT LINE ADJUSTMENT.
QUASI-JUDICIAL. An action or decision that requires substantial discretion or judgment by the Planning Commission in applying the standards or criteria of this code, and may include a public hearing.
RECREATIONAL VEHICLE. A vehicle with or without motor power, that is designed for human occupancy, and to be used temporarily for recreational, seasonal, or emergency purposes.
RECREATIONAL VEHICLE PARK. A plot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.
RESERVE STRIP. A narrow area of land at the end or side of a street used to control access to the street or to preserve land for future widening or extension.
RESIDENCE. Same as DWELLING.
RESIDENTIAL CARE FACILITY. A residential care, residential training, or residential treatment
facility, as those terms are defined in O.R.S. 443.400, licensed under O.R.S. 443.400 through 443.460, or licensed under O.R.S. 418.205 through 418.327 by the Department of Human Services that provides residential care alone or in conjunction with treatment or training, or a combination thereof, for six to 15 individuals who need not be related.
RESIDENTIAL TREATMENT/TRAINING HOME. A residential treatment or training, or adult foster home, as those terms are defined in O.R.S. 443.400, licensed by or under the authority of the Department of Human Services, under O.R.S. 443.400 through 443.825, or a residential facility registered under O.R.S. 443.480 through 443.500, or an adult foster home licensed under O.R.S. 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.
RIDING ACADEMY. Any building or portion of property upon which the skill and subject of horsemanship is taught for remuneration, or made available for hire or remuneration for the teaching or training in the skill and subject of horsemanship. Exercise rings and show-rings for riding, breaking, roping, or showmanship, whether enclosed in a building, lot, or parcel of land by a human-made barrier for public use and remuneration, shall be considered an accessory use of the premises for a RIDING ACADEMY.
RIGHT-OF-WAY. The area between property lines, or as defined in an easement designated for public use.
RIPARIAN. Of, or pertaining to, or situated on, the edge of the bank of a river or other body of water.
RIPARIAN AREA. The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. See also § 155.167.
RIPARIAN CORRIDOR. A state-wide Planning Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. See also § 155.167.
RIPARIAN CORRIDOR BOUNDARY. A specified distance upland from the “top of bank.”
ROAD/ROADWAY. See STREET.
SCHOOL. Public or private educational, K-12, facilities.
SENSITIVE LANDS. Wetlands, significant trees, steep slopes, floodplains, and other natural resource areas designated for protection or conservation by the Comprehensive Plan.
SERVICE STATION. A place or station selling motor fuel or oil for motor vehicles and/or servicing batteries, furnishing repair and service.
SETBACK. The distance from the portion of a structure located nearest to the respective property line, riparian corridor boundary, wetland boundary, or shorelands boundary.
SHARED DRIVEWAY. A driveway giving access to two, three, or four parcels.
SHORELAND. See SHORELAND AREA.
SHORELAND AREA. For purposes of construction near the shorelines of Woahink Lake, Little Woahink Lake, Siltcoos Lake, and Siltcoos River, the SHORELAND AREA is the section of land within 50 feet measured horizontally inland from the ordinary high water (OHW) line of Woahink and Siltcoos Lakes and Siltcoos River, and bounded by tax lot sidelines.
SHORELAND ZONE. See SHORELAND AREA.
SHORELAND STRUCTURE. Any shoreland allowed construction. This includes any structure in or on shorelands, or any structure with any contact or presence over shorelands and extensions into water beyond ordinary low water line (OLW). This includes, but is not limited to, docks, floats, piers, boathouses, and wharfs.
SIDEWALK. A pedestrian walkway with permanent surfacing.
SIGN. Any fabricated sign for use outdoors, including its structure, consisting of any letter, figure, character, mark, point, plane, design, poster, picture, stroke, stripe, line, trademark, reading matter, or illuminating device which is constructed, attached, erected, fastened, or manufactured in any manner whatsoever to attract the public in any manner for recognized purposes to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise display. However, the term SIGN does not include any display of official court or public notices, nor does it include the flag, emblem, or insignia of a nation, governmental unit, school, or religious group. See §§ 155.079 and 155.102.
SIGN AREA. The entire area within a single, continuous perimeter formed by lines joined at right angles which enclose the extreme limits of such sign, and which in no case passes through or between any adjacent elements of the same. Such perimeter does not include any structural elements lying outside and below the limits of such sign, and not forming an integral part of the display.
SIGN, MONUMENT. A freestanding sign that is detached from a building, generally having a low profile where the base of the sign is on the ground or has little or no space between the ground and the sign, and having a structure constructed of masonry, wood, or materials similar in appearance.
SIGN, ON-PREMISES. A sign which advertises only the activities conducted on, or the sale or lease of, the property on which the sign is located.
SIGN, OUTDOOR ADVERTISING. A sign which advertises goods, products, or services which are not sold, manufactured, or distributed on or from the premises on which the sign is located, or facilities not located on the premises on which the sign is located, but the term does not include an ON-PREMISES SIGN.
SITE. A property (or group of adjacent parcels or lots under the same ownership) that is subject to a permit application under this code.
SITE PLAN. A detailed drawing that shows how a site will be developed. SITE PLANS must show the boundaries of a parcel of land, the topography, important landscape elements that impact the design, and location of all planned and anticipated major improvements. The SITE PLAN must also show the locations of all existing, proposed, and future buildings, access roads and driveways, stormwater facilities, septic systems and drainfields, wells, water storage structures, and utility connections. It must also include a directional orientation symbol, such as a north-pointing arrow.
SLOPE. The vertical inclination of a line joining two points expressed as a percentage, equal to unit rise divided by unit horizontal distance between the points multiplied by 100.
STANDARDS AND CRITERIA. STANDARDS are code requirements. CRITERIA are the elements required to comply with a particular standard.
STORMWATER FACILITY. All of the structures and facilities that are designed for the collection conveyance, storage, treatment, and disposal of stormwater runoff and surface water, including both human-made and natural drainage systems.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost STORY shall be the portion of a building included between the upper surface of the topmost floor and the ceiling above. See BASEMENT.
STREAMS, CLASS I. Waters which are valuable for domestic use, are important for angling or other recreation, and/or are used by significant numbers of fish for spawning, rearing, or migration routes. STREAM flows may be either perennial or intermittent during parts of the year.
(1) ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
(2) ARTERIAL. A continuous street giving interconnection to a large area through collector streets (Canary Road, Clear Lake Road, and Highway 101).
(3) COLLECTOR STREET. A street used to provide for traffic movement between arterials and local streets, and which provides direct access to abutting property.
(4) CUL-DE-SAC. A circular area at the end of a dead-end street.
(5) DEAD-END STREET. A street that allows ingress and egress at one end only.
(6) LOCAL STREET. A local road intended to provide direct property access and not intended
to serve through traffic.
STREET CONNECTIVITY. The number of street 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.
STREET STUB. A temporary street ending, that is, 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.
STRUCTURAL ALTERATIONS. See ALTER.
STRUCTURE. That which is framed, erected, constructed, or placed to stand temporarily or permanently on a parcel of land. Any paths or walks not more than six inches above the ground upon which they rest are not part of this definition. See also BUILDING.
SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
SUBDIVISION. Either an act of subdividing land or an area or tract of land subdivided.
SURVEY. A land survey conducted by a land surveyor licensed by the state.
SWALE. A type of stormwater facility. Usually a broad, shallow depression with plants that filter and process contaminants.
TEMPORARY EASEMENT. Any easement that does not confer upon the grantee a permanent right to use the grantor’s property. For purposes of this chapter, a TEMPORARY EASEMENT will not be considered an easement unless specifically accepted by the City Council.
TENTATIVE PLAN. A preliminary drawing or diagram concerning a partition or subdivision.
TOPOGRAPHICAL CONSTRAINT. Where existing slopes prevent conformance with a code standard.
TOURIST PARK. All campgrounds, picnic areas, travel trailer parks, and all other establishments rented or kept for rent to any person for a charge or fee paid, or to be paid, for the rental or use of the facilities, or offered free in connection with securing the trade or patronage of such person or for indirect benefit to the owner in connection with a related business.
TOWNHOUSE. See MULTI-FAMILY HOUSING.
TRACT, PRIVATE/PUBLIC. A piece of land set aside in a separate area for dedication to the public, a homeowners’ association, or other entity (for example, open space, recreation facilities, sensitive lands, and the like).
TRANSPORTATION FACILITIES. The physical improvements used to move people and goods from one place to another (for example, streets, sidewalks, pathways, bike lanes, airports, transit stations and bus stops, and the like).
TRIPLEX. A building with three attached housing units on one lot or parcel.
USE. The purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
UTILITY EASEMENT. An easement granted by one parcel of land (grantor) in favor of a second parcel of land (grantee) which allows the grantee the right to install upon the grantor’s parcel, above or below ground or both, sewer lines, electrical lines, cable television lines, water lines, and telephone
lines which will serve the grantee’s parcel of land.
VACATE PLAT/STREET. To abandon a subdivision or street right-of-way. For example, VACATION of a public right-of-way that is not needed or cannot be used for a street or other public purpose. A plat may be vacated, returning the property to an undivided condition.
VISION CLEARANCE. A triangular area at the street or highway corner lot, or the intersection of an alley and street corner lot. The right-of-way lines and a line define the space across the corner, the ends of which lie on the right-of-way lines a specified length from the corner. See § 155.201.
WALL. See FENCE.
WATER-DEPENDENT. A use or activity which can be carried out only on, in, or adjacent to water
areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.
WATER-RELATED. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, and factories are not generally considered dependent on or related to water location needs.
WET BAR. A single sink with a waste drain line no greater than one and one-half inches in diameter and an under counter refrigerator no greater than five cubic feet in size with cabinets and/or counter top area not exceeding six lineal feet. A WET BAR shall not include a refrigerator in excess of five cubic feet in size or a kitchen sink greater than two square feet in size, or a gas or electric range, stove top, and/or oven (but may include a microwave oven).
WETLAND. Land areas where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living at the soil surface. They are defined more specifically by the Federal Clean Water Act (§ 404) and O.A.R. 141-085-0510(101)). For more information, contact the State Division Department of State Lands.
WHARF. The same structure as a PIER, except generally located parallel relative to the shoreline.
WIRELESS COMMUNICATION EQUIPMENT. Includes cell towers, antennas, monopoles, and related facilities used for radio signal transmission and receiving.
YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard between the front line of a building (exclusive of steps) and the front property line.
YARD, REAR. An open, unoccupied space on the same lot with a building between the rear line of
the building (exclusive of steps, porches, and accessory buildings) and the rear line of the lot.
YARD, SIDE. An open, unoccupied space on the same lot with a building between the sidewall line of the building and the sideline of the lot.
ZONE. Historically referred to as a DISTRICT, ZONE means: A portion of the incorporated territory of the city within which certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited, or within which certain yards or other open spaces are required, or within which certain lot areas are established, or within which certain height limitations are required for buildings, or within which certain off-street parking space is required, or within which a combination of such regulations are applied.
(Ord. 259, passed - -)
Statutory reference:
Fire apparatus access roads, see I.F.C. 2015, Chapter 2, § 202