This ordinance shall be known as the City of Enterprise Land Use Ordinance.

(Ord. No. 569, § 1, 2013)

The purpose of this ordinance is to encourage appropriate and orderly physical development without diminishing the desirability of the town's living and recreating space, considering such standards as open space, desired levels of population density, adequate community safety, convenience, and general welfare. It is also intended to implement the provisions of the Land Use Plan for the City of Enterprise.

(Ord. No. 569, § 1, 2013)

As used in this ordinance the following words and phrases shall mean:

1.

ACCESS. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

2.

ACCESSORY USE OR ACCESSORY STRUCTURE. A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.

3.

AIRPORT. Any area of land within the city which is used, or intended for use, for the landing and take-off aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together, with all airport buildings and facilities located thereon, with the exception that independent aircraft hangars shall not be considered as an airport building or facility as defined herein.

4.

AIRPORT CLEAR ZONE. A protective zone under the approaches to the Enterprise Municipal Airport which has been adopted as an area to be free of buildings and structures in order to comply with the requirements of Federal and Oregon State laws regarding protections of airport approaches.

5.

AIRPORT COMMERCIAL FACILITY. An airport commercial facility shall be a building that may contain a car rental business, aviation parts and accessories shop, aircraft and repair shops, aircraft sales and rental businesses, and such other enterprises that are provided in conjunction with, and not independent of, the normal operation of an airport.

6.

AIRPORT HAZARD. An airport hazard shall mean any structure or tree or use of land which unreasonably obstructs the landing or taking-off of aircraft.

7.

APPLICANT. The person or entity who applies for a permit or other land use approval required by this ordinance.

8.

BLOCK. A parcel of land bounded by streets, railroads rights-of-way, waterways, parks, unsubdivided acreage, boundary line of a recorded subdivision, or a combination thereof.

9.

BUILDING. A structure, but not a trailer house or mobile home, built for support, shelter or enclosure of persons, animals, chattels, or property of any kind having a fixed base on or fixed connection to the ground.

10.

BUILDING LINE. A line on a plat or map indicating the limit beyond which buildings or structures may not be erected.

11.

CITY. The City of Enterprise, Wallowa County, Oregon.

12.

CITY RECORDER. The City Recorder to the City of Enterprise, Wallowa County, Oregon.

13.

COMMISSION. The Planning Commission of the City of Enterprise, Wallowa County, Oregon.

14.

COUNCIL. The City Council of the City of Enterprise, Wallowa County, Oregon.

15.

DEDICATION. An act of dedicating to a certain use or the setting aside for a particular purpose.

16.

DIVIDING LAND. The process of separating a parcel of land or a lot in a subdivision into a number of lots by subdivision or parcels by partitioning.

17.

DWELLING, MULTI-FAMILY. A building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

18.

DWELLING, SINGLE-FAMILY. A detached building containing one (1) dwelling unit and designed for occupancy by one (1) family, including, without limiting the foregoing, a manufactured home and a modular or prefabricated home as defined herein, but excluding a mobile home, residential trailer or recreational vehicle as defined herein.

19.

DWELLING, TWO-FAMILY (DUPLEX). A detached building containing no more than two (2) dwelling units and intended for occupancy by no more than two (2) families.

20.

EASEMENT. The grant of the right to use a strip of land for specific purposes.

21.

FARM USE. 'Farm use' means the current employment of land by raising, harvesting and selling crops or by the feeding, breeding, and management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honey bees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. 'Farm use' includes the erection and maintenance offences but does not include the construction or use of a farm use structure, as defined below.

22.

FARM USE STRUCTURE. 'Farm use structure' includes any structure, other than a fence, designed for use, or actually used, in conjunction with a farm use, as for example (without limiting the foregoing) a barn, hay shed or grain silo.

23.

FENCE. In addition to the normal meaning of the word a fence shall include hedges, shrubbery and other sight-obscuring vegetation.

24.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of inland or tidal waters;

B.

The unusual and rapid accumulation or runoff of surface waters from any source.

25.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjusts to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

26.

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 (5') feet from the building, between the building and a line five (5') feet from the building.

27.

HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a 'habitable floor.'

28.

HOME OCCUPATION. A lawful occupation carried on by a resident of a dwelling as an accessory use within the same dwelling.

29.

LAND USE PLAN. The City of Enterprise Land Use Plan, and all amendments thereto, adopted to comply with Oregon planning law and Oregon's Statewide Planning Goals and Guidelines.

30.

LOT. A parcel or tract of land; A unit of land that is created by a subdivision of land.

A.

CORNER LOT. A lot or portion thereof situated at the intersection of two (2) or more streets other than alleys where the two (2) streets bordering the lot run in more than one (1) line of compass; rectangular corner lots have two (2) front lot lines and two (2) side yard lines.

B.

REVERSE CORNER LOT. A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.

C.

THROUGH LOT. A lot having frontage on two (2) parallel or approximately parallel streets other than alleys.

D.

FLAG LOT. A parcel which has a narrow neck of land connecting the building site to the street.

31.

LOT AREA. The total horizontal area within the lot lines of a lot exclusive of street and easements of access to other property.

32.

LOT LINE. The property line bounding a lot.

33.

LOT LINE ADJUSTMENT. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where any existing units of land reduced in size by the adjustment comply with the dimensional standards of this ordinance and as it relates to existing structures, the setback requirements of this ordinance.

34.

LOT LINE, FRONT. The lot line separating the lot from the street other than an alley. In the case of a corner lot both lot lines abutting the streets are front lot lines. In the case of a through lot each street has a front lot line.

35.

LOT LINE, REAR. The lot line which is opposite and most distant from the front lot line. In the case of a corner lot, the lot lines other than the front lot lines shall be considered side lot lines. In the case of an irregular, triangular or other shaped lot, a line ten (10') feet in length within the lot parallel to and at a maximum distance from the front lot line.

36.

LOT LINE SIDE. Any lot line not a front or rear lot line.

37.

LOT WIDTH. The average horizontal distance between the side lot lines, generally measured parallel to the front lot line.

38.

MANUFACTURED HOME. A manufactured home is 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. Mobile homes, as defined in subparagraph 43, modular and prefabricated homes, as defined in subparagraph 44, 'residential trailers,' as defined in ORS 446.003(25)(a)(A) and 'recreational vehicles,' constructed in accordance with the requirements of Oregon State law, are not manufactured homes.

39.

MAP. A final diagram, drawing or other writing concerning a major partition.

40.

MOBILE HOME. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962 and June 15, 1976 and met the construction requirements of the Oregon Mobile Home law in effect at the time of construction. A 'residential trailer,' as defined in ORS 446.003(25)(a)(A) and a 'recreational vehicle,' constructed in accordance with the requirements of Oregon State law, are not mobile homes. A mobile home shall consist of one of the three following classifications:

A.

TRIPLE-WIDE: Three (3) separate housing units expressly manufactured to be connected together to form one (1) single-family residence.

B.

DOUBLE-WIDE: Two (2) separate housing units expressly manufactured to be connected together to form one (1) single-family residence.

C.

SINGLE-WIDE: One (1) housing unit expressly manufactured to serve as one (1) single-family residence.

41.

MODULAR AND PREFABRICATED HOMES: Modular and prefabricated homes are constructed in accordance with the State of Oregon building code promulgated under ORS Chapter 455. A modular home is constructed off site and moved on site as a single unit or in sections. A prefabricated home is erected on site from smaller prefabricated components such as wall sections which are manufactured off site.

42.

MOBILE HOME PARK. A place where four (4) or more mobile homes, manufactured homes, or recreational vehicles are located within five hundred (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 space, or keep space for rent, to any person for a charge or fee paid, or to be paid, for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

43.

NONCONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this ordinance or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

44.

NURSING HOME. A facility, other than in a single-family dwelling or duplex, used to provide a place or residence for two (2) or more unrelated persons who, due to physical disability or old age, require care, supervision or assistance in their day to day living activities.

45.

OPEN SPACES. Those lands within a subdivision which have been dedicated in common to the ownership within the subdivision or the public specifically, for the purpose of providing a place of recreation, scenic or historic/educational purposes.

46.

OWNER. An owner of property or the authorized agent of an owner, as shown by deed or contract and recorded in the Wallowa County Clerk's office. The individual, firm, associates, syndicate, partnership or corporation having fee title and/or interest in the land to be subdivided or partitioned, or contract purchaser under a recorded land sale contract, and having a right to commence and maintain proceedings under these regulations.

47.

PARCEL. A unit of land that is created by a partitioning of land.

48.

PARTITION. Either an act of partitioning land or an area or tract of land partitioned as defined in this section:

A.

MAJOR PARTITION. A partition which includes the creation of a street.

B.

MINOR PARTITION. A partition which does not include the creation of a street.

49.

PARTITIONER. Any person commencing proceedings under this ordinance to effect a partition of land hereunder for himself or herself, or another.

50.

PARTITION LAND. To divide an area or tract of land into two (2) or three (3) parcels within a calendar year when such area or tract of land exists as a unit or contiguous units under single ownership at the beginning of such year. When one (1) parcel is sold or otherwise transferred and the seller retains a larger parcel contiguous thereto, the land has been divided into two (2) parcels and a partition is required under this ordinance. 'Partition land' does not include divisions of land resulting from lien foreclosures; divisions of land resulting from the creation of cemetery lots; and divisions of land made pursuant to a court order, including but not limited to court orders in proceedings involving testate or interstate succession; and 'partition land' does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot standards of this ordinance. 'Partition land' does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner.

51.

PEDESTRIAN WAY. A right-of-way for pedestrian traffic other than a dedicated street right-of-way.

52.

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.

53.

PLANNED UNIT DEVELOPMENT. A planned development for which approval is sought under the provisions of this ordinance.

54.

PLAT. The final map, diagram, drawing, replat or other writing containing all the descriptions and information concerning a subdivision or partition.

55.

RECORD. To file a document or other instrument with the office designated by law for filing said instrument.

56.

RESERVE STRIPS and STREET PLUGS. Strips of land deeded to the city as city property required along streets and street ends to prevent access across these strips.

57.

RESIDENTIAL FACILITY. A residential care, residential treatment facility licensed or registered by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.460 or licensed by the Children's Services Division under ORS 418.205 to 418.327 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six (6) to fifteen (15) individuals who need not be related. Staff person required to meet licensing requirement shall not be counted in the number of facility residents and need not be related to each other or to any resident of the residential facility.

58.

RESIDENTIAL HOME. A residential treatment or training or an adult foster home licensed by or under the authority of the department as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 which provides residential care alone or in conjunction with treatment or training or a combination thereof for five (5) or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.

59.

RESIDENTIAL INSTITUTION. A residential care, residential treatment facility licensed or registered by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.460 or licensed by the Children's Services Division under ORS 418.205 to 418.327 which provides residential care alone or in conjunction with treatment or training or a combination thereof for fifteen (15) or more who need not be related. Staff persons required to meet licensing requirement shall not be counted in the number of facility residents and need not be related to each other or to any resident of the residential institution.

60.

RESUBDIVISION. The resubdividing of land in a different manner from that which originally had been subdivided.

61.

SIGN. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

62.

SIGN, OFF PREMISE. A sign, including billboards, placards, posters, drawings and so on, which advertises:

A.

Goods products or services which are not sold, manufactured or distributed on or from the premises on which the sign is located; or

B.

Facilities not located on the premises on which the sign is located.

63.

SIGN, ON PREMISE. A sign, including billboards, placards, posters, drawings and so on, which advertises:

A.

Goods, products or services which are sold, manufactured or distributed on or from the premises on which the sign is located; or

B.

Facilities located on the premises on which the sign is located.

64.

SLOPE EASEMENT. A grant or right to use a strip of land for the purpose of constructing an embankment or earth slopes and required for the purpose of maintaining or creating a safe and stable topographical condition.

65.

STORM DRAINAGE SYSTEM. A system of open and closed drainage ways designed to protect and carry storm water runoff away from the site.

66.

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 that portion of a building included between the upper above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six (6') feet above grade for more than fifty (50%) percent of the total perimeter or is more than twelve (12') feet above the grade at any point, such basement, cellar or unused under-floor space shall be considered as a story.

67.

STREET. The entire width between the right-of-way boundary lines of every public or private way provided for use for vehicular and pedestrian traffic, providing ingress or egress for persons to one (1) or more lots, parcels, areas or tracts of land and the placement of utilities, and including 'road,' 'highway,' 'lane,' 'place' or similar designations.

A.

ALLEY. A narrow street no more than twenty (20') feet in width, a passage or way open to public travel, utilities and dedicated to public use, affording only secondary means of access to abutting property, not intended for general traffic circulations.

B.

ARTERIAL. A street of considerable continuity which is primarily for intercommunication between large areas, and identified as an arterial street in the Land Use Plan.

C.

COLLECTOR. A street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used partly by through traffic and partly for access to abutting property.

D.

CUL-DE-SAC (Dead End Street). A short street with one end open to traffic and the other terminated by a vehicle turnaround.

E.

HALF STREET. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

F.

MARGINAL ACCESS STREET. A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.

G.

MINOR STREET. A street intended primarily for access to abutting properties.

H.

PRIVATE STREET. Non-public streets serving more than one (1) lot. A private way serving only one lot is not a Street.

68.

STRUCTURE. Something constructed or built, or a piece of work artificially built up or composed of parts joined together in some definite manner.

69.

STRUCTURAL ALTERATION. A change to the supporting members of a structure including foundations, bearing walls or partition, columns, beams, girders or any structural change in the roof or in the exterior walls.

70.

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.

71.

SUBDIVISION. Either an act of subdividing land or an area or tract of land subdivided as defined in this section.

72.

SUBDIVIDER. Any person commencing proceedings under this ordinance to effect a subdivision of land herein under for himself or herself, or for another.

73.

SUPERINTENDENT. The Superintendent of Public Works for the City of Enterprise, Wallowa County, Oregon.

74.

TENTATIVE PLAN. A clearly legible approximate drawing of the proposed lay-out of streets, blocks, lots and other elements of a subdivision or partition which will help furnish a basis for the Commission's approval or disapproval of the general lay-out of a subdivision or partition.

75.

USE or USES. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

76.

VACATION RENTAL. A furnished apartment, house, condominium, complex, or recreational vehicle rented out on a temporary basis to tourists/travelers as an alternative to a hotel/motel.

77.

YARD. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this ordinance.

78.

YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line, or lines, from the front lot line to the nearest point of a building or other structure. In the case of a corner lot the front yard is a yard adjacent to both streets, usually in an 'L' shape, measured horizontally and at right angles from the front lot lines to the nearest point of a building or structure.

79.

YARD, REAR. A yard between side lot lines and measured horizontally at right angles from the rear lot line to the nearest point of a building or other structure. A rectangular corner lot has no rear yard.

80.

YARD, SIDE. A yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building or other structure. In the case of rectangular corner lots, the yards other than the front yards are side yards.

81.

ZONING MAP. A zoning map or zoning map amendment adopted by the Council Section 2.020 of this ordinance or by an amendment thereto shall be prepared or modified by authority of the Council. The map or map amendment shall be dated with the effective date of the ordinance that adopts the map or map amendment. An original certified print of the adopted map or map amendment shall be maintained in the office of the City Recorder as long as this ordinance remains in effect.

(Ord. No. 569, § 1, 2013)

(Ord. No. 599, § 1, 10-11-2021)

A lot or land may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used only as this ordinance permits.

(Ord. No. 569, § 1, 2013)