Sections:

Sections:

Sections:

Sections:

Sections:

This title shall be known and may be referred to as the city of Gervais Development Code.

(Ord. 17-2003 § 1 (part))

This title is enacted to:

A.

Implement the goals and policies of the city of Gervais, Oregon, General Plan;

B.

Provide methods of administering and enforcing the provisions of this title; and

C.

Promote the public health, safety, and general welfare of the community.

(Ord. 17-2003 § 1 (part))

The use of all land, public or private, as well as the construction, reconstruction, enlargement, structural alteration, movement, use, or occupation of any structure within the city of Gervais shall conform to the requirements of this title.

(Ord. 17-2003 § 1 (part))

A.

No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto.

B.

Penalty:

1.

A violation of this title shall constitute a Class I civil infraction that shall be processed accordingly.

2.

Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of the title is committed or permitted to continue shall constitute a separate infraction.

3.

A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this chapter are in addition to and not in lieu of any other remedies available to the city.

C.

Complaints regarding violations:

1.

Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint.

2.

Such complaints, stating fully the causes and basis thereof shall be filed with the city manager/recorder. The city manager/recorder shall properly record such complaints, investigate and take action as provided by this title.

D.

Any development or use which occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings.

E.

Stop-order hearing:

1.

The city manager/recorder shall schedule a hearing, if requested, on a stop order for the earliest practicable date, but not more than thirty (30) days after the effectiveness of any required notice.

2.

At the discretion of the city manager/recorder, such hearing may be part of a revocation hearing as required under Chapter 17.208.

The city may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin, abate, remove, or nullify the unlawful transfer, location, construction, maintenance, repair, alteration, or use.

(Ord. 17-2003 § 1 (part))

The provisions of this title shall be interpreted as minimum requirements. Where this title imposes a greater restriction than is required by other provisions of law, or by other regulations, resolutions, easements, covenants or agreements between parties, the provisions of this title shall control.

When there is doubt regarding the intent of this title as interpreted by the city staff, the city council may issue an interpretation of the question.

(Ord. 17-2003 § 1 (part))

For the purposes of this title, the incorporated area of the city of Gervais, Oregon, is hereby divided into the following zoning districts:

(Ord. 17-2003 § 1 (part))

A.

The zoning district boundaries are shown on the official zoning map: City of Gervais Land Use Zoning Designations, March 1998. This map is hereby made a part of this title by reference.

Any future changes to the zoning of land within the city of Gervais that are approved under the provisions of this title shall be annotated on an amending zoning map. See Section 17.168.040.

B.

In interpreting the location of such boundaries on the zoning map, the council shall rely on the city of Gervais, Oregon, General Plan and the following guidelines for the location of zoning district boundaries; section lines; property lines; lot lines; center lines of streets, alleys, streams, or railroad right-of-ways; city boundaries; or other planning criteria determined appropriate by the council.

C.

Whenever any public right-of-way is lawfully vacated, and the lands formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall append to the land use district of the benefited property.

D.

Whenever any planned development has received final approval, an appropriate notation of the same shall be shown on the official zoning map.

(Ord. 17-2003 § 1 (part))

Words used in the masculine include the feminine, and feminine the masculine. Words used in the present tense include the future; the singular number includes the plural. The word "shall" is mandatory and not directory. The word "may" is permissive. All terms in this code have their commonly accepted, dictionary meaning unless they are specifically defined in the following section or the context in which they are used clearly indicates to the contrary.

(Ord. 17-2003 § 1 (part))

The following words and phrases, when used in this title, shall have the meanings set forth in this chapter, except in those instances where the context clearly indicates a different meaning.

"Access" means the way or means by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to property. A private access is an access not in public ownership and is controlled by means of deed, dedications or easement.

"Access classification" means a ranking system for streets used to determine the appropriate degree of access management. Factors considered include functional classification, the adopted plan for the roadway, subdivision or abutting properties, and existing level of access control.

"Access management" means the process of providing and managing access to land development while preserving the regional flow of traffic in term of safety, capacity, and speed.

"Accessory dwelling unit" (ADU) means an interior, attached, or detached residential structure with kitchen, bathroom, and living areas that is used in connection with or that is accessory to a primary single-family dwelling.

"Accessory structure" means a detached, subordinate building or portion of a main structure, the use of which is incidental to that of the main structure or to the use of the land, but does not include dwellings or living quarters.

"Accessory use" means a use incidental, appropriate and subordinate to the main use of the parcel, lot or structure.

"Addition" means a modification to an existing building or structure, which increases the site coverage.

"Adjoining" means contiguous or abutting, exclusive of street width. It shall include the terms adjacent, abutting, or contiguous.

"Administrative review" means a decision affecting land use within the city, which is based on the application and/or enforcement of existing standards contained in this title.

"Alteration, structural" means any change in the exterior dimensions of a building or a change or repair which would affect or materially change a supporting member of a building, such as a bearing wall, column, beam, or girder.

"Annexation" means the incorporation of a land area into the city with a resulting change in the boundaries of the city.

"Appeal" means a request for a review of the decision-making authority's action on an application or interpretation.

"Applicant" means the owner of record or contract purchaser who submits an application for approval of a permit or land use action.

"Basement" means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. If such portion of a building is not a basement, it shall be considered a story.

"Bed and breakfast" means a structure designed and occupied as a residence and in which sleeping rooms are provided on a daily or weekly basis for use by travelers or transients for a charge or fee paid for the rental or use of the facilities. An operator of a bed and breakfast must be a permanent, full time resident of the structure where the use takes place.

"Bike lane" means a four to six foot portion of a roadway that has been designated by striping and pavement markings for the preferential or exclusive use of bicyclists.

"Block" means a parcel of land bounded by three or more streets, railroad right-of-ways, waterways, or combination thereof.

"Boarding, lodging, or rooming house" means a building where lodging with or without meals is provided for compensation for not more than five persons in addition to members of the family occupying such building.

"Building" means a structure having a roof and built for the support, shelter, or enclosure of persons, animals, or property of any kind.

"Building height" means the vertical distance from a reference datum measured to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following; whichever yields a greater height of building:

1.

The elevation of the highest adjoining sidewalk or ground surface within five-foot horizontal distance of exterior wall of building when such sidewalk or ground surface is not more than ten feet above lowest grade.

2.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (1) of this subsection is more than ten (10) feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

"Building line" means a line established by plat or ordinance a certain distance from a lot line or the street right-of-way beyond which a building cannot extend. The equivalent of a setback line

"Building official" means an individual empowered by the city council to administer and enforce the State Building Code [ORS 455.715 (Building Code - Municipal Review and Inspection - Definitions).

"Building, primary" means a building in which a principal or main use of the building site on which it is situated is conducted.

"Cabana" means a stationary structure that may be prefabricated or demountable, with two or more walls, used in conjunction with a manufactured home to provide additional living space and meant to be moved with the manufactured home.

"Carport" means a stationary structure consisting of a roof with its supports and not more than one wall or storage cabinet substituting for a wall and used for covering a vehicle parking space.

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when operated in conjunction with and within the boundary of such cemetery.

"Change of use" means any use that differs from the previous use.

"Church." See "place of worship."

"City" refers to and means the city of Gervais, Oregon.

"Club" means an organization, group, or association supported by the members thereof, the purpose of which is to render a service primarily for members and their guests, but shall not include any organization, group, or association the primary activity of which is to render a service customarily carried on as a business for profit.

"Common area" means an area, feature, or building or other facility within a development designed and intended for the use or enjoyment of all occupants of the development or for the use and enjoyment of the general public.

"Communication antennas" refers to and means devices used for sending and receiving information via different forms of transmission.

"Communication towers" refers to and means structures used for sending and receiving information via different forms of transmission.

"Community building" means a publicly owned and operated facility used for meetings, recreation, or education.

"Comprehensive plan" refers to and means the general plan. See "General Plan."

"Conditional use" means a use that requires a conditional use permit. See Chapter 17.140.

"Condominium" means property submitting to the provisions of ORS 100.005 (Condominiums - General Provisions, 100.910 (Condominiums - Payment and utilization of monies received), and 100.991 (Condominiums - Penalties for criminal behavior).

"Conforming" means in compliance with the regulations of this title.

"Conservation easement" means an option available to the local landowner that conditions the use of a riparian buffer and provides perpetual protection for the resource. The landowner has the option of donating the easement to a land trust as a charitable contribution to reduce the owner's income tax burden or donating it to a local government for reduction or elimination of property tax on the parcel.

"Council" means the city council of Gervais, Oregon.

"Cross access" means a service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.

"Day care facility" means an institution, establishment or place, not a part of a public school system, in which three or more children not of common parentage under the age of fourteen (14) years are commonly received for a period not exceeding twelve (12) hours per day for the purpose of being given board, care, or training apart from their parents or guardians for compensation or reward.

"Dedication" means the limited grant by a property owner allowing the use of property by the public for specified purposes, and its acceptance for such use by the governmental agency in charge of the public function for which it will be used.

"Density" means a measure of the number of dwelling units per gross acre.

"Density compensation" means a process to grant a developer of a subdivision or planned unit development compensation for developable land that has been lost due to a riparian buffer requirement.

"Density credit" means granting a developer proposing a subdivision or planned unit development a credit when more than five percent of the developable land is consumed by a riparian buffer. Credits are calculated using the following table. The density credit is accommodated at the development site by allowing greater flexibility in the setbacks, frontage distances or minimum lot sizes.

* Additional dwelling units allowed over base density

**Credit may be transferred to a different parcel

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, drilling, and site alteration such as that due to grading, paving, or excavation.

"Driveway" means a minor private way used by vehicles and pedestrians to gain access from an approved public access or right-of-way onto a lot or parcel of land.

"Dwelling" means a structure or portion thereof that is used for human habitation including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Dwelling, duplex or two-family" means a detached building containing two dwelling units designed exclusively for occupancy by two families living independently of each other.

"Dwelling, multi-family" means a building containing three or more dwelling units designed for occupancy by three or more families living independently of each other.

"Dwelling, single-family" means a detached building containing one dwelling unit designed exclusively for occupancy by one family.

"Dwelling, triplex" means a detached building containing three dwelling units designed exclusively for occupancy by three families living independently of each other.

"Dwelling unit" means one or more habitable rooms designed for occupancy by one family.

"Easement" means an interest granted by deed or other legal instrument that is held by one person or entity in land owned by another and that entitles its holder to s specific limited use.

"Employees" means all persons normally working on the premises during the largest shift. The council shall determine the estimated number of employees of a new business and the number of employees of an established business shall be determined from an examination of the payroll.

"Evidence" means facts, documents, data or other information offered to demonstrate compliance or noncompliance with standards of this title.

"Face" means to front upon.

"Family" means an individual or two or more persons related or legally bound together by blood, domestic partnership or marriage, including adopted children or those pending adoption, or a group of not more than five persons who need not be related by blood or marriage living as one housekeeping unit. Up to four children cared for as foster children are permitted. All members of a family household shall have access to all parts of the dwelling.

"Farming" means the use of land for purposes defined in ORS Chapter 215.

"Fence" means an unroofed barrier or an unroofed enclosing structure or obstruction constructed of any materials including but not limited to, wire, wood, cement, brick, and plastic.

"Fence, sight obscuring" means a fence or evergreen planting arranged in such a way as to obstruct vision.

"Fish use" refers to and means streams inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state endangered species acts. Fish use is determined from Oregon Department of Forestry stream classification maps.

"Floor area" means the gross horizontal area under a roof of all floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:

1.

Attic space providing headroom of less than seven feet;

2.

Basement, if the floor above is less than six feet above grade;

3.

Uncovered steps or fire escapes;

4.

Private garages, carports, or porches;

5.

Accessory water towers or cooling towers; and

6.

Off-street parking or loading spaces.

"Frontage" means that dimension of a property that abuts a public or private street right-of-way.

"Functional area (intersection)" means that area beyond the physical intersection of two streets that comprises decision and maneuver distance, plus any required vehicle storage length.

"Functional classification" means a system used to group public roadways into classes according to their purpose in moving vehicles and providing access.

"Garage, private" means an accessory building or portion of a main building used for the parking or temporary storage of automobiles in which no business, occupation, or service is provided.

"Garage, public" means a building, other than a private garage, used for the care, repair, or equipping of motor vehicles, or where such vehicles are parked or stored for compensation, hire, or sale.

"General plan" means the comprehensive plan of the city of Gervais, Oregon, including all adopted supporting documents as acknowledged by the Oregon Department of Land Conservation and Development.

"Grade" means the average elevation of the finished ground at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation opposite the center of the wall shall constitute the ground elevation.

"Group care home" means a home or private institution maintained and operated for the care, boarding or training of one or more persons.

"Guest house" means a detached accessory building used as sleeping quarters for guests of the occupants of the main dwelling on a non-commercial basis and having no cooking facilities.

"Habitat" means the sum total of all the environmental factors of a specific place that is occupied by an organism, population or community.

"Home occupation" means a lawful occupation carried on by a resident of a dwelling as a secondary use within the same dwelling, where no assistants are employed. The residential character of the property is maintained in a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term. A home occupation shall not include the outside storage of equipment or materials.

"Homeowners association" means an association operating under recorded land agreements through which each lot owner of a planned development, condominium development, subdivision or other described land are automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. Typically, membership in the association is automatic with the purchase of a dwelling unit or other property. The association's principal source of funds are an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property.

"Hospital" means an establishment that provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care with nursing service on a continuous basis.

"Hotel" means any building in which lodging is provided to guests for compensation and in which no provision is made for cooking in individual rooms.

"Hydric soils" means soils that are anaerobic and strongly associated with wetlands. Soils fitting this description are as noted in the comprehensive plan as part of the natural resources element.

"Impervious surface" means any material which reduces and prevents absorption of stormwater into previously undeveloped land.

"Improvement" means any permanent structure that becomes part of, placed upon, or is affixed to property.

"Industrial" means any enterprise involving the manufacturing, processing, or assembly of semi-finished or finished products from raw materials or similar treatment or packaging of previously prepared materials.

"Joint access (or shared access)" means a driveway connecting two or more contiguous sites to the public street system.

"Junk yard" means the use of more than two hundred (200) square feet of the area of any lot for the storage of salvage materials, including scrap metals or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether or not such uses are conducted as a business for profit or otherwise.

"Kennel" means any lot or premises, on which four or more dogs and/or cats over the age of six months are kept for sale, lease, boarding, or training.

"Land division" means the process of dividing land to create lots or parcels.

"Lawn" means grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used. Annual or biannual mowing of native grasses, as a part of a vegetation management plan to prevent the incursion of undesirable non-native weed species, is allowed.

"Livestock" means domestic animals of types customarily raised or kept on farms.

"Loading space" means an off-street space on the same lot with a building, or contiguous to a group of buildings, used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

"Lot" means a unit of land created by a subdivision or partitioning of land. Except where otherwise stated, the term "lot" includes the term "parcel."

"Lot, corner" means a parcel abutting on two intersecting streets, other than an alley. In the event a street front lot line is a curve at its point of intersection with a side lot line, the tangent to the curve at that point shall be considered the direction of the front lot line.

"Lot flag" means a parcel of land taking access by a relatively narrow strip of land between the major portion of the parcel and the point of public access to the parcel, all of which is in the same ownership or title.

"Lot interior" means a parcel other than a corner lot.

"Lot, through" means an interior lot having frontage on two streets.

"Lot area" means the total area of a parcel, measured in a horizontal plane within the boundary lines. For flag lots, the access strip shall not be included in lot area for the purposes of minimum lot area requirements of this title.

"Lot coverage" means the portion of a parcel covered or occupied by buildings or other structures.

"Lot depth" means the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line.

"Lot frontage" means the distance between the two side lot lines measured at the minimum front setback line, parallel to the street line.

"Lot line, front" means the property line separating the lot from a street, other than an alley. In the case of a corner lot, the shortest property line along a street, other than an alley.

"Lot line, rear" means a property line that is opposite and most distant from the front lot line. 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.

"Lot line, side" means any property line that is not a front or rear lot line.

"Lot line adjustment" means the relocation of a common property line between two abutting properties that does not involve the creation of a new lot or parcel.

"Lot of record" means a lawfully created lot or parcel established by plat, deed, or contract as duly recorded in Marion County property records.

"Lot width" means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

"Manufactured dwelling" means a residential trailer, mobile home or manufactured home. "Manufactured dwelling" does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer.

"Manufactured dwelling park" means any place where four or more manufactured dwellings 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 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 ORS 92.010 to 92.192.

"Manufactured home" means 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.

"Marginal access street" means a public or private drive that generally parallels a public street between the right-of-way and the front building setback line. The marginal access street provides access to private properties while separating them from the arterial street.

Marijuana—Medical.

 "Grow site" means a location registered under ORS 475B.420 where marijuana is produced for use by a patient or, with permission from a patient, for transfer to a registered processing site or dispensary.

 "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. "Marijuana" does not include industrial hemp, as defined in ORS 571.300.

 "Marijuana processing site" or "processing site" means a marijuana processing site registered under ORS 475B.435 or a site for which an applicant has submitted an application for registration under ORS 475B.435.

 "Medical marijuana dispensary" means a medical marijuana dispensary registered under ORS 475B.450 or a site for which an applicant has submitted an application for registration under ORS 475B.450.

 "Process" means the compounding or conversion of marijuana into medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts.

 "Production" or "growing" means: (a) planting, cultivating, growing, trimming or harvesting marijuana; or (b) drying marijuana leaves or flowers.

Marijuana—Recreational.

 "Laboratory" means a laboratory certified by the authority under ORS 438.605 to 438.620 and authorized to sample or test marijuana items for purposes specified in these rules.

 "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. "Marijuana" does not include industrial hemp, as defined in ORS 571.300.

 "Marijuana processor" means a person who processes marijuana items in this state.

 "Marijuana producer" means a person who produces marijuana in this state.

 "Marijuana retailer" means a person who sells marijuana items to a consumer in this state.

 "Marijuana wholesaler" means a person who purchases marijuana items in this state for resale to a person other than a consumer.

"Master plan" means a sketch or other presentation showing the ultimate location of lot lines and other details of layout such that future division may readily be made without violating the requirements of this title. It is intended that the lot lines and other details of future subdivision or partition be advisory only, and shall not be binding on the applicant or city; however, restriction on building within future street right-of-ways, plus setbacks on each side of the future street right-of-way may be imposed and be set forth in recorded deed restrictions or easements. Easements of not less than ten (10) feet in width and precluding buildings may be required for the future location of public utilities.

"Mini-warehouse storage" means an area or areas located within an enclosed building or structure designed and intended to be used for the rental of storage units to individuals for the safekeeping of personal items.

"Mitigation" means and includes taking one or more of the following actions listed in order of priority:

1.

Avoiding the impact altogether by not taking a certain development action or part of that action;

2.

Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;

3.

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4.

Reducing or eliminating the impact over time by preservation and maintenance operation during the life of the development action by monitoring and taking appropriate corrective measures; and/or

5.

Compensating for the impact by replacing or providing comparable substitute resources or environments.

"Mobile home" means 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 Oregon mobile home law in effect at the time of construction.

"Mobile home park" means any place where four or more manufactured structures 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. "Mobile home 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 municipality unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.192.

"Modular or prefabricated home" means a dwelling unit whose components are assembled and brought to the site and erected. The dwelling unit is intended and designed to be placed upon a permanent foundation and substantial construction is needed before it is complete and ready for permanent occupancy. The Uniform Building Code (UBC) regulates modular or prefabricated homes.

"Motel" means a building or group of buildings on the same lot containing rooms designed for lodging, with or without cooking facilities, which are available for rent and in which each lodging unit is separate. The term includes auto courts, tourist courts, tourist homes, and motor lodges.

"Natural drainage way" means that area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream.

"Net loss" means a permanent loss of habitat units or habitat value resulting from a development action despite mitigation measures taken.

"New construction" means any remodeling of an existing structure, any construction of a new structure, or any placement of a manufactured home or building requiring a building or placement permit initiated on or after the effective date of the ordinance codified in this chapter.

"Non-conforming structure or use" means a lawfully existing structure or use at the time the ordinance codified in this chapter or any amendments thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

"Nursing home" means any home, place or institution which operates and maintains facilities providing convalescent or nursing care, or both, for a period exceeding twenty-four (24) hours for two or more ill or infirm patients not related to the nursing home administrator, or owner, by blood or marriage. Convalescent care may include, but is not limited to, the procedures commonly employed in nursing and caring for the sick and includes rest homes and convalescent homes, but does not include a boarding home for the aged, a retirement home, hotel, hospital, or a chiropractic facility licensed under Oregon Revised Statutes.

"NWI/LWI maps" refers to and means a National Wetland Inventory [NWI] map or, if available, a Local Wetland Inventory [LWI].

"Off-site mitigation" means habitat mitigation measures undertaken in areas distant from a development action, and which are intended to benefit fish and wildlife populations other than those directly affected by that action.

"Official zoning map" refers to and means the map or maps upon which the zoning districts in the city of Gervais are indicated.

"On-site mitigation" means habitat measures undertaken within or in proximity to areas affected by a development action, and which are intended to benefit fish and wildlife populations directly affected by that action.

"Open space" means a common area designated on the final plans of a planned development, permanently set aside for the common use of the members of the home owners association, which open area may be landscaped and/or left with a natural cover.

"Outdoor storage" means the keeping, not within a building, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

"Owner" means the owner of record of real property as shown on the latest tax rolls or deed records of Marion County, and includes a person who furnishes evidence that they are purchasing a parcel of property under a written recorded or unrecorded land sale contract.

"Parking area, private" means an open area, building or structure, other than a street or alley, used for the parking of the automobiles of residents and guests of a building.

"Parking area, public" means an open area, building or structure, other than a private parking area, street or alley, used for the parking of automobiles and other motor vehicles, and available for use by persons patronizing a particular building or establishment.

"Parking space" means an enclosed or unenclosed surfaced area, exclusive of maneuvering and access area, permanently reserved for the temporary storage of an automobile and connected with a street or alley by a surfaced driveway that affords ingress and egress for automobiles.

"Partition" means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partition" does not include:

1.

Divisions of land resulting from lien foreclosures, divisions of land resulting from contracts for the sale of real property, and divisions of land resulting from the creation of cemetery lots; or

2.

A sale or grant by a person to a public agency or public body for state highway, county road, or other right-of-way purposes provided that such road or right-of-way complies with the applicable comprehensive plan and ORS 215.213 (2)(q) to (s) and 215.283 (2)(p) to (r).

"Pedestrian circulation system" means pedestrian connection(s) between entrance(s) of the proposed development and adjacent street(s), the parking area, and the existing or future development on adjacent properties.

"Pedestrian connection" means a continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use. Pedestrian connections include but are not limited to sidewalks, walkways, accessways, stairways and pedestrian bridges. On developed parcels, pedestrian connections are generally hard surfaced. In parks and natural areas, pedestrian connections may be soft-surfaced pathways. On undeveloped parcels intended for redevelopment, pedestrian connections may also include right-of-way or easements for future pedestrian improvements.

"Pedestrian facilities" means improvements that provide for public pedestrian foot traffic including sidewalks, walkways, crosswalks and other improvements, such as lighting or benches, which provide safe, convenient and attractive walking conditions.

"Pedestrian plaza" means a small, semi-enclosed area usually adjoining a sidewalk or a transit stop that provides a place for pedestrians to sit, stand, or rest. They are usually paved with concrete, paving stones or similar material and include seating, pedestrian scale lighting and similar improvements. Low walls or planters and landscaping are usually provided to create a semi-enclosed space and to buffer and separate the plaza from adjoining parking lots and vehicle maneuvering areas.

"Pedestrian scale lighting" means light standards or placement no greater than fourteen (14) feet in height located along walkways.

"Pedestrian way" means a right-of-way for pedestrian traffic.

"Permit" means any form of written approval pertaining to the use of land.

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district as provided in the development code.

"Person" means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

"Place of worship" means a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of including activities customarily associated with the practices of religious activity, including worship services, religion classes, weddings, funerals, meal programs, limited housing, and childcare but not including private or parochial school education for prekindergarten through grade twelve (12) or higher education.

"Planned unit development" means a type of development of a site which, as a single project, is based on a design which incorporates all elements of land, structures and uses in conformance with the applicable standards of this title.

"Plat" means the final map which is a diagram, drawing, re-plat or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision or partition.

"Professional office" means an office occupied by an accountant, architect, artist, attorney-at-law, professional engineer, land surveyor, land use planner, insurance agent, real estate broker, landscape architect, or practitioner of the human healing arts, or other professional business similar in type, scale and character.

"Quasi-judicial review" means an action or decision that requires substantial discretion or judgment in applying the standards or criteria of this title.

"Ramada" means a stationary structure having a roof extending over a manufactured home, which may also extend over a patio or parking space and is used principally for protection from the elements.

"Recreational vehicle" means a vacation trailer or other vehicular or portable unit which is either self-propelled, towed or is carried by a motor vehicle and which is intended for temporary human occupancy and is designed for vacation or recreational purposes but not residential use.

"Recreational vehicle park" means any area operated and maintained for the purposes of parking or providing space for overnight use by recreational vehicles.

"Remodeling" means any structural improvement or addition made to an existing structure which adds more than twenty (20) percent to the useable floor area; or adds more than five hundred (500) square feet to the useable floor area; or which permit value exceeds thirty-five (35) percent of the current year assessed improvement value.

"Reserve strip" means a strip of land, usually one foot in width, deeded to the city, reserved across the end of a street or alley at the boundary of a subdivision or partition; or a strip of land deeded to the city between a dedicated street and adjacent property; in either case reserved or held by the city for future street extension or widening, or to prohibit access from property adjacent to a street.

"Residential facility" means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen (15) 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 facility.

"Residential home" means a residential treatment or training home, as defined in ORS 443.400, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 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. 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.

"Residential trailer" means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

"Riparian area" means the area adjacent to a river, lake, stream, or wetland, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

"Riparian buffer" means a zone within the riparian area where placement of new structures, surficial alteration and disturbance, and vegetation removal, is limited or prohibited in order to preserve the environmental and social benefits of the riparian area.

"Roadway" means that portion of the right-of-way developed for vehicular traffic.

"School, elementary; middle school or high school" means an institution public or parochial, offering instruction in the several branches of learning and study, in accordance with the rules and regulations of the State Department of Education.

"School, trade or commercial" means a building where the instruction is given to pupils for a fee in money or otherwise, which fee is the principal reason for the existence of the school.

"Service station" means any lot used primarily for the retail sales of motor vehicle fuels and lubricants for delivery on premises, and minor automobile repair and service.

"Setback" means the distance between a specified lot line and the foundation or exterior wall of a building or structure.

"Sidewalk" means a paved pedestrian walkway.

"Sign" means any writing, including letter, word, or numeral; pictorial presentation, including mural, illustration or decoration; emblem, including device, symbol or trademark; flag, including banner or pennant; or any other device, figure or similar thing which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, structure or device; and is used to announce, direct attention to, or advertise; and is visible from any public right-of-way. Sign does not include house numbers. For purposes of Chapter 17.68, the following definitions apply:

1.

"Alteration" means any change in the size, shape, method of illumination, position, location, construction, or supporting structure of a sign. A change in sign copy or sign face alone shall not be considered an alteration.

2.

"Area" means the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, figure, or character. If the sign is enclosed in a frame or cabinet the area is based on the inner dimensions of the frame or cabinet surrounding the sign face. When a sign is on a base material and attached without a frame, such as a wood board or Plexiglas panel, the dimensions of the base material are to be used. The area of a sign having no such perimeter, border, or base material shall be computed by enclosing the entire area within a parallelogram or a triangle of the smallest size sufficient to cover the entire message of the sign and computing the area of the parallelogram or a triangle. For the purpose of computing the number of signs, all writing included within such a border shall be considered one sign, except for multi-faced signs on a single sign structure, which shall be counted as one sign per structure. The area of multi-faced signs shall be calculated by including the total area of all sign faces.

3.

"Awning" means a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework.

4.

"Building face" means the single wall surface of a building facing a given direction.

5.

"Building frontage" means the portion of a building face most closely in alignment with an adjacent right-of-way or fronting a parking lot when so defined. A service station may use the overhanging canopy as a substitute for building frontage when computing the allowable sign area. The longest side of the canopy shall be used to compute the allowable sign area.

6.

"Canopy sign" means a sign hanging from a canopy or eaves, at any angle relative to the adjacent wall, the lowest portion of which is at least eight feet above the underlying grade.

7.

"Flashing sign" means a sign in which any part pulsates or blinks on and off, except time and temperature signs and message signs allowed by conditional use.

8.

"Freestanding sign" means a sign supported by one or more uprights, poles or braces placed in or upon the ground, or a sign supported by any structure primarily for the display and support of the sign.

9.

"Incidental signs" means a sign that is normally incidental to the allowed use of the property, but can contain any message or content. Such signs can be used for, but are not limited to, nameplate signs, warning or prohibition signs, and directional signs not otherwise allowed.

10.

"Indirect illumination" means a source of illumination directed toward such sign so that the beam of light falls upon the exterior surface of the sign.

11.

"Internal illumination" means a source of illumination from within a sign.

12.

"Message sign" means a sign that can change its message electronically and is designed to display various messages, including but not limited to signs displaying time and temperature.

13.

"Monument sign" means a square or rectangular sign that sits directly on the ground without pole or uprights.

14.

"Multi-faced sign" means a sign that has two or more sign faces, contained in a single sign structure.

15.

"Mural" means an illustration (with or without words or numbers) that is painted or otherwise applied (without projections) to an outside wall of a structure.

16.

"Nonconforming sign" means any sign that lawfully exists prior to the effective date of the ordinance codified in this chapter but which due to the requirements adopted herein, no longer complies with the height, area and placement regulations or other provisions of these regulations.

17.

"Owner" means the owner or lessee of the sign. If the owner or lessee of the sign cannot be determined, then "owner" means owner or purchaser of the land on which the sign is placed.

18.

"Official sign" means a sign erected by a governmental agency or its designee, setting forth information pursuant to law.

19.

"Portable sign" means any sign that is not originally designed, regardless of any subsequent modification, to be permanently affixed to a building, structure, or the ground. These signs primarily include, but are not limited to, A-frame or sandwich board signs; signs attached to wood or metal frames and designed to be self-supporting; and movable, including trailer mounted reader boards. Portable signs are not to be considered temporary signs as defined and used in this title.

20.

"Projecting signs" means a sign whose face is not parallel to the wall on which it is mounted, projecting more than eight inches from a structure.

21.

"Real estate sign" means a sign for the purpose of rent, lease, sale, etc. of real property, building opportunities, or building space.

22.

"Roof line" means either the eaves of the roof or the top of the parapet, at the exterior wall. (A "mansard roof" is below the top of a parapet and is considered a wall for sign purposes.)

23.

"Roof sign" means a sign or any portion of which is displayed above the highest point of the roof, whether or not such sign also is a wall sign.

24.

"Rotating/revolving sign" means a sign, all or a portion of which, moves in some manner.

25.

"Sign face" means surface of a sign containing the message. The sign face shall be measured as set forth in the definition for "sign area."

26.

"Sign height" means height is measured from the grade of the curb line lowest to the base of the sign to the highest portion of the sign, sign structure or frame; whichever is greater is highest point of the sign. In the absence of a curb line, the edge of the street pavement shall be used. In the absence of street pavement, the ground level shall be used to measure the height.

27.

"Sign structure" means the supports, uprights, braces, framework and other structural components of the sign.

28.

"Temporary sign" means a sign not permanently affixed to a structure on a property. These signs primarily include, but are not limited to, canvas, cloth, or paper banners or posters hung on a building wall or on a permanent pole such as on a free-standing sign support.

29.

"Wall sign" means a sign attached to, erected against or painted on a wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the face of said wall and not projecting more than eight inches. A sign painted on an awning in which the face of the sign is approximately parallel to the wall shall also be considered a wall sign.

"Significant change in trip generation" means a change or expansion in the use of property, land, structures or facilities causing an increase in the trip generation of the property exceeding: (1) local - ten (10) percent more trip generation (either peak or daily) and one hundred (100) vehicles per day more than the existing use for all roads under local jurisdiction; or (2) state - exceeding twenty-five (25) percent more trip generation (either peak or daily) and one hundred (100) vehicles per day more than the existing use for all roads under state jurisdiction.

"Space, manufactured home" means an area reserved exclusively for the use of a single manufactured home.

"Start of construction" means the date a building permit is issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement occurs within one hundred eighty (180) days of the permit date.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top-most story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade as defined in this chapter, such basement or cellar shall constitute a story.

"Stream" means a channel such as a river or creek that carries flowing surface water including perennial and intermittent streams with defined channels, and excluding man-made irrigation and drainage channels. A stream that has been subsequently channelized or altered by other manmade impacts, or used for irrigation or drainage purposes, is still considered a stream.

"Street" means the entire width between the boundary lines of a public or private way of travel for the purpose of providing ingress and egress for vehicular and pedestrian traffic and the placement of utilities to one or more lots, parcels, areas, or tracts of land. A private way is excluded that is created to provide ingress and egress to land in conjunction with the use of such land for forestry, mining, or agricultural purposes.

1.

"Alley" means a thoroughfare not more than twenty (20) feet and not less than ten (10) feet in width, which has been dedicated or deeded to the public for public use providing a secondary means of access to abutting property.

2.

"Arterial" means a street of considerable continuity that is used primarily for through traffic and interconnection between major areas and designated on the current comprehensive plan.

3.

"Boundary" means a street that abuts the boundary of a development or site of a land use action.

4.

"Collector" means a street supplementary to the arterial street system used partly by through traffic and partly for access to abutting properties and designated on the current comprehensive plan.

5.

"Cul-de-sac (dead-end)" means a short street with one end open to traffic and the other terminated by a vehicle turn-around.

6.

"Frontage road" means a service road parallel and adjacent to an arterial street providing access to abutting properties, but protected from through traffic.

7.

"Local or residential access street" means a street intended primarily for access to abutting properties, but protected from through traffic.

8.

"Private street" means a thoroughfare or right-of-way serving a subdivision or planned unit development that is not dedicated to the public or accepted by the city, and may include "T" turn-arounds, circles, loops or "L" shape streets.

"Structural alteration" means any change to the supporting members of a structure, including foundation bearing walls or partitions, columns, beams or girders, or any structural change in the roof or in the exterior walls.

"Structure" refers to and means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner.

"Stub-out (stub-street)" means a portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

"Subdivision" means to divide a tract of land into four or more lots within a single calendar year when such land exists as a unit or contiguous units under a single ownership at the beginning of the year.

"Substantial improvement" means the cost of any repair, reconstruction or improvement of a structure equal to or greater than fifty percent (50%) of its market value before such alteration occurred.

"Surface water" means all water naturally open to atmosphere such as rivers, lakes, reservoirs, streams, ponds, seas, springs, and estuaries.

"Temporary use" means a use that is (1) seasonal or directed toward a specific event; or (2) occasioned by an unforeseen event.

"Top of bank" means the stage or elevation at which water overflows the natural banks of streams or other water of the state, and begins to inundate the upland areas. In absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bank full stage or delineate the top of bank.

"Townhouse (row house)" means two to six single-family dwellings, even though attached, located on individual lots or parcels with zero side yard setbacks.

"Tax lot" means a lot designation created by the county assessor for the purpose of levying property taxes.

"Trailer (travel or vacation)" refers to and means recreational vehicle. See recreational vehicle.

"Travel trailer parks" refers to and means campground or recreational vehicle park. See campground, or recreational vehicle park.

"Unstable soil" means any soil type, as defined by the U.S. Natural Resources Conservation Service and identified in the comprehensive plan, which has severe limitations for development due to potential flooding, erosion, structural instability or inadequate sewage waste disposal.

"Right-of-way" means land that is owned in fee simple by the public and usually used for transportation facilities.

"Urban growth boundary" refers to and means an adopted boundary around the city which defines the area in which the city expects to grow, where public facilities will be extended, and where joint planning responsibilities are exercised with Marion County.

"Use" means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

"Veterinary clinic" means a facility designed to contain treatment and temporary care facilities for the cure and prevention of ailments or injuries of domestic animals, including both domestic pets and farm animals, under the direction of a licensed veterinarian.

"Vision clearance area" means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lines measured from the corner intersection of the right-of-way lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lines at the intersections have rounded corners the right-of-way lines will be extended in a straight line to a point of intersection.

"Visual obstruction" means any fence, hedge, tree, shrub, device, wall or structure between the elevations of three and eight feet above the adjacent curb height or above the elevation of the street edge where there is no curb, as determined by the city engineer, so located at a street, drive, or alley intersection as to limit the visibility of pedestrians or persons in motor vehicles on said streets, drives, or alleys.

"Walkway" means a right-of-way deeded, dedicated, and designated for the use of nonmotorized vehicles and pedestrians.

"Warehouse" means a place for the safekeeping of goods and materials necessary for the functioning of an industrial or commercial enterprise.

"Wetland" means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.

Determination. A qualified consultant or staff from the Division of State Lands conducts soil, hydrology, and plant species tests to determine if the area indicates potential wetlands according to the standards established by the Oregon Division of State Lands.

2.

Delineation. A qualified consultant conducts soil, hydrology and the standards established by the Oregon Division of State Lands.

"Wholesale" means the bulk sale of goods for resale to a person other than the direct consumer.

"Yard" means an open space on a lot that is unobstructed from the ground upward except as otherwise provided in this title.

"Yard, front" means a yard extending across the full width of the lot, the dept of which is minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the foundation of the main structure.

"Yard, rear" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto at the nearest point of the foundation of the main structure.

"Yard, side" means a yard between the main structure and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard or the rear lot line if no rear yard is required; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of the main structure.

"Zero side yard" means no required set back from the adjacent property line.

"Zoning requirement" means any standard, criteria, condition, review procedure, permit requirement or other requirement adopted by a city or county under the authority of ORS chapter 215 or 227 that applies to the approval or siting of a residential facility or residential home. A zoning requirement does not include a state or local health, safety, building, occupancy or fire code requirement.

(Ord. 17-2003 § 1 (part))

(Ord. No. 25-2004, § 1(Exh. A), 5-13-2004; Ord. No. 15-001, § 2(Exh. B), 7-2-2015; Ord. No. 17-001, Exh. B.1, 1-5-2017; Ord. No. 18-005, § 2(Exh. B), 7-5-2018)

The preservation of land use records essential to meet the needs of the city of Gervais and to conform to the requirements of the Secretary of State, Archives Division.

(Ord. 17-2003 § 1 (part))

The following constitutes the minimum records retention for various categories of land use records. When the requirements of the Secretary of State, Archives Division, are greater, those guidelines shall prevail.

Records may be created and retained in a variety of media and physical formats, including but not limited to paper, microfilm, sound recordings, video recordings, magnetic tape and disk, and optical disk.

(Ord. 17-2003 § 1 (part))

A.

Council meeting records. Records documenting the proceedings of the council and may include minutes, agendas, tape recordings, exhibits, materials distributed by citizens, and other records.

Minimum retention:

1.

Minutes, agendas, resolutions, and exhibits: Permanent.

2.

Audio or visual recordings: One year after minutes prepared.

3.

Other records: Five years.

B.

Planning records. Records relating to general or comprehensive plan amendments, land use map changes, annexations, development code amendments and code interpretations. Any other documents adopted to guide long term city growth and development of the city. May include public hearings records, plans, amendments, staff reports, periodic review records, maps, and other related records.

Minimum retention: Permanent.

C.

Historic structures inventory records. Records documenting the results of inventory projects to designate historic properties within the city in conjunction with Oregon Land Conservation and Development Commission Goal 5 procedures.

Minimum retention: Permanent.

D.

Zone change records. Applications and decisions related to rezoning land. May include applications, staff reports, technical notes, approval orders, and related records.

Minimum retention:

1.

Findings of fact, and decision documents: Permanent.

2.

Other records: Ten (10) years after approval or denial.

E.

Subdivision and planned unit development records. May include applications, site locations, site plans, staff reports, appeals reports, decision statements, maps, and related records.

Minimum retention:

1.

If approved and city conditions met: Permanent.

2.

If not approved: Ten (10) years after expiration or revocation.

F.

Partition and lot line adjustment records. Applications, staff reports, technical notes, approval orders, maps, and related records.

Minimum retention:

1.

If approved and filed: Permanent.

2.

If not: Ten (10) years after denial, expiration or revocation.

G.

Conditional use permit records. Applications and decisions related to conditional use permit requests. May include applications, site plans, staff reports, and related records.

Minimum retention: Ten (10) years after expiration, revocation, or discontinuance of use.

H.

Variance records. May include applications, site plans, descriptions of requests, site plans, staff reports, and related records.

Minimum retention: Ten (10) years after expiration, revocation, or discontinuance of use.

I.

Development review records. Records; also may include applications, site plans, staff reports, maps, and related documents. Three-dimensional exhibits such as sample boards of brick, tile, and other building materials are not public records.

Minimum retention: Five years.

J.

Sign review records. May include descriptions, drawings, photographs, reports, applications, and related records.

Minimum retention: Life of the structure.

K.

Temporary use records. Records documenting actions relating to home occupations, fence permits, and non-conforming uses. May include applications, permits, staff reports, approval orders, and other documents.

Minimum retention: Five years after discontinuance of use.

(Ord. 17-2003 § 1 (part))