GENERAL PROVISIONS
(1) The comprehensive plan composed of goals, objectives, policies, implementation strategies, and the comprehensive plan land use map are adopted as the comprehensive plan as required by Oregon Revised Statutes 197.010 and 197.175. The text and map of the comprehensive plan are attached as Exhibit A and incorporated in this title by reference.
(2) The text is composed of a document entitled “Gladstone Comprehensive Plan: Goals, Objectives, Policies, and Implementation Strategies” and of the goals, objectives, and policies of the “Gladstone Bikeway Plan” which are adopted as an addendum to the transportation element of the comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1191 §1, 1994;Ord. 1194 §1, 1994; Ord. 1196 §1, 1994; Ord. 1197 §1, 1994; Ord. 1200 §1, 1994; Ord. 1205 §1, 1995; Ord. 1206 §1, 1995; Ord. 1212 §1, 1995; Ord. 1213 §1, 1995; Ord. 1214 §1, 1995; Ord. 1216 §§1 & 2, 1995; Ord. 1219 §1, 1995; Ord. 1223 §1, 1996; Ord. 1225 §1, 1996; Ord. 1228 §1, 1996; Ord. 1229 §1, 1996; Ord. 1230 §1, 1996; Ord. 1231 §1, 1996; Ord. 1232 §1, 1996; Ord. 1234 §1, 1997; Ord. 1248 §1, 1997; Ord. 1251 §1, 1998; Ord. 1252 §1, 1998; Ord. 1253 §1, 1998; Ord. 1290 §1,2000; Ord. 1319 §§1, 2 & 3,2001, Ord. 1333, 2002.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
From the effective date of the ordinance codified in this title, the comprehensive plan shall serve as the land use policy for the city, and shall govern the exercise of the planning and zoning responsibilities of the city thereafter. The zoning ordinance (Title 17 of the Gladstone Municipal Code) implements the comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
(1) The comprehensive plan is adopted and based upon the findings of fact, inventory and analysis, data base and evaluation contained in Exhibit B attached to the ordinance codified in this title and incorporated in this title by reference; said documents being composed of a publication entitled “Gladstone Comprehensive Plan: Inventory and Analysis” and the inventory and analysis portions of the bike plan and the city public facilities plan.
(2) The information contained in Exhibit B is adopted only as justification for the adoption of the comprehensive plan set forth in Exhibit A adopted in GMC Section 17.02.010 and shall not govern the exercise of the planning and zoning responsibilities of the city. More specifically, the public facilities plan is adopted as a supporting document to the city comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
Certified copies of the comprehensive plan shall be filed with the City Recorder, Clackamas County, Metropolitan Service District and the Land Conservation and Development Commission of the state.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
The purpose of Title 17 of the Gladstone Municipal Code is to provide for the public health, safety and general welfare of the citizens of the city through orderly community development, with consideration for concentration of population, protection of property and values, recreation, aesthetic and economic development, limitation of dangerous, offensive or unwholesome trades or industries, maintenance of adequate light and air and regulation of traffic. Land uses shall be consistent with the policies and objectives of the Gladstone Comprehensive Plan.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
Where the conditions imposed by a provision of Title 17 are less restrictive than comparable conditions imposed by any other provisions of the ordinance codified in this title or any other ordinance of the city, the provisions which are more restrictive shall govern.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990.
“Accessory dwelling unit” means an additional, smaller, subordinate dwelling unit located on the same lot as a detached or attached single-household dwelling or multi-household dwelling. An accessory dwelling may be created as a detached structure or within, or as an addition to, a detached single-household dwelling or accessory structure.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1289, 2000; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. These may include petroleum products, tires, batteries, automotive accessories and replacement items, washing and lubrication services, or automobile and truck maintenance and repair, and the supplying of other incidental customer services and products, but not painting, body and fender work, and storage of autos and trucks.
Statutory Reference: ORS Ch. 197, Ch. 227
“Boarding house” “lodging house” or “rooming house” means a building or portion thereof without separate housekeeping facilities to be occupied, or which is occupied primarily by persons paying consideration for sleeping purposes where meals may or may not be served.
Statutory Reference: ORS Ch. 197, Ch. 227
“Building” means a structure built for the support, shelter or enclosure of any persons, animals, chattels, or property of any kind excepting uncovered patios or decks not exceeding 30 inches in height above the average grade of the adjoining ground.
Statutory Reference: ORS Ch. 197, Ch. 227
“Building height” means the vertical distance measured from the adjoining street center line grade as established by the city to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to a mean height level between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.
Statutory Reference: ORS Ch. 197, Ch. 227
“Front building line” means a line parallel and adjacent to the front of that structure which is closest to the front lot line. For purposes of this definition, the front of a structure is the side facing the front lot line. A front building line extends from one side lot line to the opposite side lot line.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Carport” means a stationary structure consisting of a roof with its supports and not more than two walls, or a storage cabinet substituting for one of the walls, and used for sheltering a motor vehicle, boat or recreation vehicle.
Statutory Reference: ORS Ch. 197, Ch. 227
“Change of use for purposes of the greenway zone only” means a different use than that which existed on December 6, 1975. It includes a change that requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building that does not substantially alter or affect the land or water upon which it is situated. Change of use shall not include the completion of a structure for which a valid permit has been issued as of December 6, 1975, and under which permanent substantial construction has been undertaken by July 1, 1976. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Development for purposes of the greenway zone only” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, parking lots, mining, dredging, filling, grading, paving, excavation or drilling operations, to bring about growth or availability, to construct or alter a structure, to make a physical change in the use or appearance of land, to divide land into parcels, or to create or terminate rights of access.
Statutory Reference: ORS Ch. 197, Ch. 227
“Durable and dustless surface” means a surface providing a hard topping which is free from mud conditions in wet weather and dusty conditions in dry weather, specifically including concrete or asphaltic concrete or like material but specifically excluding gravel and dirt.
Statutory Reference: ORS Ch. 197, Ch. 227
“Dwelling unit” means one or more rooms for occupancy by one household for living purposes that is identified by a single street address and has common entrances and internal access.
Trailer coaches shall not be considered as dwelling units, except when located in mobile home courts or parks.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024. Formerly 17.06.155.
“Townhouse project” means one or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.
History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Single-room occupancy” means a residential development with no fewer than four attached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but requires that the occupant share sanitary or food preparation facilities with other units in the occupancy.
History: Ord. 1535 §1 (Exh. A), 2024.
“Sight-obscuring fence or hedge” means a fence consisting of wood, metal, masonry or similar materials, or an evergreen hedge or other evergreen planting, arranged in such a way as to obscure vision at least 80 percent.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Floor area” means the sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings, but not including:
(1) Attic space providing headroom of less than seven feet.
(2) Basement or cellar.
(3) Uncovered steps or fire escapes.
(4) Private garages, carports or porches.
(5) Accessory water towers or cooling towers.
(6) Accessory off-street parking or loading spaces.
Statutory Reference: ORS Ch. 197, Ch. 227
“Foster home” means any dwelling occupied and maintained by a person or persons licensed or certified by the state or other authorized agency to provide extended or temporary care, food, and lodging in such home for not more than seven dependent individuals beyond the number defined as a household. A foster home is not a hospital, nursing home, or home for the aged as defined in Oregon Revised Statutes, nor does it include a halfway house, work release center, or any other domiciliary facility for persons released from any penal or correctional institution.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 § 2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Ground level grade” means the average elevation of the finished ground elevation 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 nearest the center of the wall shall constitute the ground elevation.
Statutory Reference: ORS Ch. 197, Ch. 227
“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
Statutory Reference: ORS Ch. 197, Ch. 227
“Group home” means any home occupied and maintained by a person or persons licensed by the state or other appropriate agency to provide extended or temporary care, food and lodging in such home for from eight to 10 dependent individuals beyond the number defined as a household. A group home is not a foster home, hospital, nursing home or home for the aged as defined in Oregon Revised Statutes, nor does it include a halfway house, work release center, or any domiciliary facility for persons released from any penal or correctional institution.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Home occupation” means an occupation, profession, or craft which is customarily incidental to or carried on in a dwelling place or premises and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by an immediate member of the household residing within the dwelling place; provided, however, there shall be no structural alteration or changes in the dwelling, or on the premises and there is no display of merchandise, storage materials, signs or articles or objects awaiting or in the process of repair, remodeling, or modification on the premises which can be seen from the exterior of the dwelling. Noise, odor, smoke, gases, fallout, vibration, heat or glare resulting from the use shall not be of the intensity as to be detected outside of the containing structure.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Hotel” means a building or portion thereof designed or used for occupancy of transient individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.
Statutory Reference: ORS Ch. 197, Ch. 227
“Household” means one person or two or more persons occupying a dwelling unit as their usual place of residence. This definition shall not apply to group homes, foster homes, or homes for the aged.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §6 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024. Formerly 17.06.175.
“Intensification of use for purposes of the greenway zone” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below in this section is an intensification when it will substantially alter the appearance of the structure. (Intensification shall not include the completion of a structure for which a valid permit has been issued as of December 6, 1975, and under which substantial construction has been undertaken by July 1, 1976.) Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or protection of the greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures, or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification for the purposes of this district. Seasonal increases in gravel operation shall not be considered an intensification of use.
Statutory Reference: ORS Ch. 197, Ch. 227
“Land use decision” includes a final decision or determination that concerns the adoption, amendment, interpretation or application of the goals, Comprehensive Plan provision, land use regulation, but does not include:
(1) A decision which is made under the city’s development standards which does not require interpretation or the exercise of facts, policy, or legal judgment.
(2) A decision which approves, approves with conditions or denies a subdivision or partition and is consistent with the city’s development standards.
(3) Approval or denial of a building permit.
Statutory Reference: ORS Ch. 197, Ch. 227
“Loading space” means an off-street space or berth on the same lot or parcel with a building or use or contiguous to a group of buildings or uses for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials and which space or berth abuts upon a street, alley or other appropriate means of access and egress.
Statutory Reference: ORS Ch. 197, Ch. 227
“Lot” means a unit of land that is created by a subdivision of land. For the purposes of this title, “lot” includes “parcel” and “lot of record” unless the context otherwise requires.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Front lot line” means a lot line separating a lot from a street other than an alley. In the case of a corner lot, either of the lot lines separating the lot from a street other than an alley may be designated by the property owner as the front lot line with the other such lot line designated as a street side lot line. Except as modified by GMC Section 17.76.040(5), the front lot line of a flag lot, for the purposes of determining minimum yard requirements, shall be a line within the boundaries of the lot by a distance equal to the width of the narrow deeded strip of land or easement providing access to the lot from the street. The line shall be parallel to the lot line that extends from the street to the lot line opposite and most distant from the street.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Rear lot line” means the lot line that is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot, the rear lot line is a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Lot of record” means a lot or parcel in a recorded plat. For units of land that are not lots or parcels in a recorded plat, “lot of record” means a unit of land or aggregate of contiguous units of land held in a single ownership, as recorded in the office of the Clackamas County Recorder on October 26, 1971.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated dwellings 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. A manufactured dwelling park does not include a lot or lots located within an approved subdivision being rented or leased for occupancy by one manufactured dwelling per lot.
History: Ord. 1535 §1 (Exh. A), 2024.
“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.
History: Ord. 1535 §1 (Exh. A), 2024.
“Middle housing land division” means the partition or subdivision of a lot of record that is developed, or proposed to be developed, with middle housing dwelling units. The type of middle housing developed on the original lot of record is not altered by a middle housing land division. Middle housing land divisions are expedited land divisions that are subject to the process outlined in ORS 197.375.
Statutory Reference: ORS Ch. 197, Ch. 375.
History: Ord. 1518 §1 (Exh. A), 2022. Renumbered from 17.06.330 by Ord. 1535 §1 (Exh. A), 2024.
“Mini-storage” means a storage and warehousing service within a building(s) primarily for individuals to store personal effects and by business to store materials for operation of an industrial or commercial enterprise located elsewhere. In no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale business, or service use. Spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials. The location of an owner or manager residence on the premises is permitted.
Statutory Reference: ORS Ch. 197, Ch. 227
“Mixed-use development” means development or buildings where land uses are mixed together. This can include residential and commercial, or office and retail. Uses may be mixed in one building vertically where there is one use on the ground floor and a different use above in one building, or horizontally where a variety of uses are next to each other in one building.
Statutory Reference: ORS Ch. 197, Ch. 227
“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.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1(B), 1993; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Model unit real estate office” means a permanent residential structure located in a developing subdivision used for the promotion of sale of units in the subdivision, so long as the model unit real estate office is at all times available for sale, lease, lease option or exchange as a residential dwelling.
Statutory Reference: ORS Ch. 197, Ch. 227
“Net acre” means an area measuring 43,560 square feet, which excludes:
(1) Road rights-of-way and other public dedications through or on the edge of the land; and
(2) Environmentally constrained areas, including open water areas, areas in the FM district, areas in the WQ District, natural resource areas protected under statewide planning Goal 5 in the Comprehensive Plan, slopes in excess of 25 percent and wetlands requiring a federal fill and removal permit under Section 404 of the Clean Water Act.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1289 §1, 2000; Ord. 1334, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Nonconforming use” means a lawful existing use at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1266 §1, 1998; Ord. 1535 §1 (Exh. A), 2024.
“Nonconforming development” means development of a site which was lawfully existing at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of this title, including but not limited to minimum parking, minimum landscaping, etc.
Statutory Reference: ORS Ch. 197, Ch. 227
“Nursing home” means a facility that provides medical care, nursing, and other health services to its residents. A nursing home is not a group home, foster home, hotel, hospital, or home for the aged.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Open space” means land that is undeveloped and that is planned to remain so indefinitely. “Open space” also refers to land zoned OS, Open Space District, and developed with uses identified in GMC Chapter 17.26 (OS Open Space District).
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1334, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Parcel” means a unit of land that is created by a partitioning of land. For the purposes of this title, “parcel” includes “lot” and “lot of record” unless the context otherwise requires.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Partition land” means to divide a lot of record into two or three parcels within a calendar year, but does not include a division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; divisions of land made pursuant to a court order, including, but not limited to, court orders and proceedings involving testate or intestate succession; or an adjustment of a property line by the relocation of a common boundary where an additional lot of record is not created and where the existing lot of record reduced in size by the adjustment complies with the provisions of this title. Any property divided by the sale or grant of property for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single lot of record until such time as the property is further subdivided or partitioned.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1(M), 1993; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Person” means an individual, firm, partnership, corporation, company, syndicate, association, social or fraternal organization or any legal entity, and including any trustee, receiver, assignee, or any group or combination acting as a unit.
Statutory Reference: ORS Ch. 197, Ch. 227
“Front porch” means a front entrance to a dwelling covered by a separate roof or an extension of the dwelling roof. Enclosure walls shall extend no more than half the distance from the front porch to the porch eaves. A front porch shall be used only for recreational, outdoor living purposes and not as a carport, garage, storage room or habitable room.
Statutory Reference: ORS Ch. 197, Ch. 227
“Recreational vehicle park” means an area designated by the person establishing, operating, managing or maintaining the same for overnight camping in recreation vehicles or for a short duration by the general public or any segment of the public. Recreation vehicle park includes, but is not limited to, areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association, or ownership. Overnight camping of mobile homes is not allowed within recreation vehicle parks. A recreation vehicle park shall not include a municipal, county, state or federal park or recreation area.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1198 §1(A), 1994; Ord. 1535 §1 (Exh. A), 2024.
“Recreation vehicle” means a vacation trailer or self-propelled vehicle or structure equipped with wheels for highway use which is intended for human occupancy and is being used for recreation or vacation purposes, but not for residential purposes, and is equipped with plumbing, sink or toilet, and has a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath and toilet rooms.
Statutory Reference: ORS Ch. 197, Ch. 227
“Residential planned unit development” means a residential (R) planned unit development as allowed under GMC Chapter 17.38 (Planned Unit Development) and is at least 80,000 square feet in any zoning district or combination thereof. A planned unit development less than 80,000 square feet must be approved by Planning Commission per GMC 17.38.020.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“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.
History: Ord. 1535 §1 (Exh. A), 2024.
“Commercial school” means a place where instruction is given to pupils in arts, crafts, trades or other occupational skills and operated as a commercial enterprise as distinguished from schools endowed or supported by taxation.
Statutory Reference: ORS Ch. 197, Ch. 227
“Senior housing center” means a residential facility providing dwelling units without full kitchens (known as residential suites) for those aged 65 and older and dwelling units with full kitchens. Up to 15 percent of the total number of dwelling units may be provided as single-household units or duplex units with full kitchens. A senior housing center is a congregate care facility which provides common services including but not limited to transportation of residents, three meals per day in a common facility and other non-medical care congregate services.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1280 §1, 1998; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Sign” means 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.
Statutory Reference: ORS Ch. 197, Ch. 227
“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control, and may include electronic time and/or temperature displays and the device known in the advertising industry as a commercial electronic variable message sign.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1161 §1, 1992; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Segmented message sign” means any message or distinct subunit of a message presented by means of at least one display change on an electronic message center sign.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1161 §1, 1992; Renumbered from 17.06.502 by Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“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 topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such basement, cellar or unused under floor space shall be considered a story.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Renumbered from 17.06.505 by Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
(1) “Street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, and the placement of utilities and including the terms road, highway, lane, avenue, place, court, way, circle, drive, alley or similar designation.
(2) “Alley” means a narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
(3) “Arterial” means a street of considerable continuity which is primarily a traffic artery for intercommunication among large areas.
(4) “Collector” means a street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used to some extent for access to abutting properties and may be used to a limited extent for through traffic.
(5) “Cul-de-sac” (dead-end street) means a short street having one end open to traffic and terminated by a vehicle turnaround.
(6) “Marginal access street” means a minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.
(7) “Minor street” means a street intended primarily for access to abutting properties.
Statutory Reference: ORS Ch. 197, Ch. 227
“Temporary structures” means an area covered by a plastic, tarp, fabric, or metal membrane that is either attached to a rigid framework, natural feature or some other structure that is used for storage. It does not include greenhouses or weather proofing of a vehicle, boat, or other individual item by tarp or other type of covering as long as the covering is attached directly to and covers only the particular item.
“Utility facility” means buildings, structures or any constructed portion of a system that provides for the production, transmission, conveyance, delivery or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone and cable television. Utility facilities do not include stormwater pretreatment facilities.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990, Ord. 1431, 2011; Ord. 1535 §1 (Exh. A), 2024.
“Utility substation” means a facility that provides for the location of utility service apparatus that includes, but is not limited to: telephone exchanges; public utility structures, without shops, garages or general administrative offices; transmission and receiving towers, and/or earth stations.
“Vacation occupancy” as defined by ORS 90.100 means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:
(1) The occupant rents the unit for vacation purposes only, not as a principal residence;
(2) The occupant has a principal residence other than at the unit; and
(3) The period of authorized occupancy does not exceed 45 days.
“Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Statutory Reference: ORS Ch. 197, Ch. 227
GENERAL PROVISIONS
(1) The comprehensive plan composed of goals, objectives, policies, implementation strategies, and the comprehensive plan land use map are adopted as the comprehensive plan as required by Oregon Revised Statutes 197.010 and 197.175. The text and map of the comprehensive plan are attached as Exhibit A and incorporated in this title by reference.
(2) The text is composed of a document entitled “Gladstone Comprehensive Plan: Goals, Objectives, Policies, and Implementation Strategies” and of the goals, objectives, and policies of the “Gladstone Bikeway Plan” which are adopted as an addendum to the transportation element of the comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1191 §1, 1994;Ord. 1194 §1, 1994; Ord. 1196 §1, 1994; Ord. 1197 §1, 1994; Ord. 1200 §1, 1994; Ord. 1205 §1, 1995; Ord. 1206 §1, 1995; Ord. 1212 §1, 1995; Ord. 1213 §1, 1995; Ord. 1214 §1, 1995; Ord. 1216 §§1 & 2, 1995; Ord. 1219 §1, 1995; Ord. 1223 §1, 1996; Ord. 1225 §1, 1996; Ord. 1228 §1, 1996; Ord. 1229 §1, 1996; Ord. 1230 §1, 1996; Ord. 1231 §1, 1996; Ord. 1232 §1, 1996; Ord. 1234 §1, 1997; Ord. 1248 §1, 1997; Ord. 1251 §1, 1998; Ord. 1252 §1, 1998; Ord. 1253 §1, 1998; Ord. 1290 §1,2000; Ord. 1319 §§1, 2 & 3,2001, Ord. 1333, 2002.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
From the effective date of the ordinance codified in this title, the comprehensive plan shall serve as the land use policy for the city, and shall govern the exercise of the planning and zoning responsibilities of the city thereafter. The zoning ordinance (Title 17 of the Gladstone Municipal Code) implements the comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
(1) The comprehensive plan is adopted and based upon the findings of fact, inventory and analysis, data base and evaluation contained in Exhibit B attached to the ordinance codified in this title and incorporated in this title by reference; said documents being composed of a publication entitled “Gladstone Comprehensive Plan: Inventory and Analysis” and the inventory and analysis portions of the bike plan and the city public facilities plan.
(2) The information contained in Exhibit B is adopted only as justification for the adoption of the comprehensive plan set forth in Exhibit A adopted in GMC Section 17.02.010 and shall not govern the exercise of the planning and zoning responsibilities of the city. More specifically, the public facilities plan is adopted as a supporting document to the city comprehensive plan.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
Certified copies of the comprehensive plan shall be filed with the City Recorder, Clackamas County, Metropolitan Service District and the Land Conservation and Development Commission of the state.
Statutory Reference: ORS 197.010, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
The purpose of Title 17 of the Gladstone Municipal Code is to provide for the public health, safety and general welfare of the citizens of the city through orderly community development, with consideration for concentration of population, protection of property and values, recreation, aesthetic and economic development, limitation of dangerous, offensive or unwholesome trades or industries, maintenance of adequate light and air and regulation of traffic. Land uses shall be consistent with the policies and objectives of the Gladstone Comprehensive Plan.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
Where the conditions imposed by a provision of Title 17 are less restrictive than comparable conditions imposed by any other provisions of the ordinance codified in this title or any other ordinance of the city, the provisions which are more restrictive shall govern.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990.
“Accessory dwelling unit” means an additional, smaller, subordinate dwelling unit located on the same lot as a detached or attached single-household dwelling or multi-household dwelling. An accessory dwelling may be created as a detached structure or within, or as an addition to, a detached single-household dwelling or accessory structure.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1289, 2000; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. These may include petroleum products, tires, batteries, automotive accessories and replacement items, washing and lubrication services, or automobile and truck maintenance and repair, and the supplying of other incidental customer services and products, but not painting, body and fender work, and storage of autos and trucks.
Statutory Reference: ORS Ch. 197, Ch. 227
“Boarding house” “lodging house” or “rooming house” means a building or portion thereof without separate housekeeping facilities to be occupied, or which is occupied primarily by persons paying consideration for sleeping purposes where meals may or may not be served.
Statutory Reference: ORS Ch. 197, Ch. 227
“Building” means a structure built for the support, shelter or enclosure of any persons, animals, chattels, or property of any kind excepting uncovered patios or decks not exceeding 30 inches in height above the average grade of the adjoining ground.
Statutory Reference: ORS Ch. 197, Ch. 227
“Building height” means the vertical distance measured from the adjoining street center line grade as established by the city to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to a mean height level between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.
Statutory Reference: ORS Ch. 197, Ch. 227
“Front building line” means a line parallel and adjacent to the front of that structure which is closest to the front lot line. For purposes of this definition, the front of a structure is the side facing the front lot line. A front building line extends from one side lot line to the opposite side lot line.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Carport” means a stationary structure consisting of a roof with its supports and not more than two walls, or a storage cabinet substituting for one of the walls, and used for sheltering a motor vehicle, boat or recreation vehicle.
Statutory Reference: ORS Ch. 197, Ch. 227
“Change of use for purposes of the greenway zone only” means a different use than that which existed on December 6, 1975. It includes a change that requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building that does not substantially alter or affect the land or water upon which it is situated. Change of use shall not include the completion of a structure for which a valid permit has been issued as of December 6, 1975, and under which permanent substantial construction has been undertaken by July 1, 1976. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Development for purposes of the greenway zone only” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, parking lots, mining, dredging, filling, grading, paving, excavation or drilling operations, to bring about growth or availability, to construct or alter a structure, to make a physical change in the use or appearance of land, to divide land into parcels, or to create or terminate rights of access.
Statutory Reference: ORS Ch. 197, Ch. 227
“Durable and dustless surface” means a surface providing a hard topping which is free from mud conditions in wet weather and dusty conditions in dry weather, specifically including concrete or asphaltic concrete or like material but specifically excluding gravel and dirt.
Statutory Reference: ORS Ch. 197, Ch. 227
“Dwelling unit” means one or more rooms for occupancy by one household for living purposes that is identified by a single street address and has common entrances and internal access.
Trailer coaches shall not be considered as dwelling units, except when located in mobile home courts or parks.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024. Formerly 17.06.155.
“Townhouse project” means one or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.
History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Single-room occupancy” means a residential development with no fewer than four attached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but requires that the occupant share sanitary or food preparation facilities with other units in the occupancy.
History: Ord. 1535 §1 (Exh. A), 2024.
“Sight-obscuring fence or hedge” means a fence consisting of wood, metal, masonry or similar materials, or an evergreen hedge or other evergreen planting, arranged in such a way as to obscure vision at least 80 percent.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Floor area” means the sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings, but not including:
(1) Attic space providing headroom of less than seven feet.
(2) Basement or cellar.
(3) Uncovered steps or fire escapes.
(4) Private garages, carports or porches.
(5) Accessory water towers or cooling towers.
(6) Accessory off-street parking or loading spaces.
Statutory Reference: ORS Ch. 197, Ch. 227
“Foster home” means any dwelling occupied and maintained by a person or persons licensed or certified by the state or other authorized agency to provide extended or temporary care, food, and lodging in such home for not more than seven dependent individuals beyond the number defined as a household. A foster home is not a hospital, nursing home, or home for the aged as defined in Oregon Revised Statutes, nor does it include a halfway house, work release center, or any other domiciliary facility for persons released from any penal or correctional institution.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 § 2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Ground level grade” means the average elevation of the finished ground elevation 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 nearest the center of the wall shall constitute the ground elevation.
Statutory Reference: ORS Ch. 197, Ch. 227
“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
Statutory Reference: ORS Ch. 197, Ch. 227
“Group home” means any home occupied and maintained by a person or persons licensed by the state or other appropriate agency to provide extended or temporary care, food and lodging in such home for from eight to 10 dependent individuals beyond the number defined as a household. A group home is not a foster home, hospital, nursing home or home for the aged as defined in Oregon Revised Statutes, nor does it include a halfway house, work release center, or any domiciliary facility for persons released from any penal or correctional institution.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Home occupation” means an occupation, profession, or craft which is customarily incidental to or carried on in a dwelling place or premises and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by an immediate member of the household residing within the dwelling place; provided, however, there shall be no structural alteration or changes in the dwelling, or on the premises and there is no display of merchandise, storage materials, signs or articles or objects awaiting or in the process of repair, remodeling, or modification on the premises which can be seen from the exterior of the dwelling. Noise, odor, smoke, gases, fallout, vibration, heat or glare resulting from the use shall not be of the intensity as to be detected outside of the containing structure.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Hotel” means a building or portion thereof designed or used for occupancy of transient individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.
Statutory Reference: ORS Ch. 197, Ch. 227
“Household” means one person or two or more persons occupying a dwelling unit as their usual place of residence. This definition shall not apply to group homes, foster homes, or homes for the aged.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §6 (Exh. B), 2022; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024. Formerly 17.06.175.
“Intensification of use for purposes of the greenway zone” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below in this section is an intensification when it will substantially alter the appearance of the structure. (Intensification shall not include the completion of a structure for which a valid permit has been issued as of December 6, 1975, and under which substantial construction has been undertaken by July 1, 1976.) Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or protection of the greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures, or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification for the purposes of this district. Seasonal increases in gravel operation shall not be considered an intensification of use.
Statutory Reference: ORS Ch. 197, Ch. 227
“Land use decision” includes a final decision or determination that concerns the adoption, amendment, interpretation or application of the goals, Comprehensive Plan provision, land use regulation, but does not include:
(1) A decision which is made under the city’s development standards which does not require interpretation or the exercise of facts, policy, or legal judgment.
(2) A decision which approves, approves with conditions or denies a subdivision or partition and is consistent with the city’s development standards.
(3) Approval or denial of a building permit.
Statutory Reference: ORS Ch. 197, Ch. 227
“Loading space” means an off-street space or berth on the same lot or parcel with a building or use or contiguous to a group of buildings or uses for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials and which space or berth abuts upon a street, alley or other appropriate means of access and egress.
Statutory Reference: ORS Ch. 197, Ch. 227
“Lot” means a unit of land that is created by a subdivision of land. For the purposes of this title, “lot” includes “parcel” and “lot of record” unless the context otherwise requires.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Front lot line” means a lot line separating a lot from a street other than an alley. In the case of a corner lot, either of the lot lines separating the lot from a street other than an alley may be designated by the property owner as the front lot line with the other such lot line designated as a street side lot line. Except as modified by GMC Section 17.76.040(5), the front lot line of a flag lot, for the purposes of determining minimum yard requirements, shall be a line within the boundaries of the lot by a distance equal to the width of the narrow deeded strip of land or easement providing access to the lot from the street. The line shall be parallel to the lot line that extends from the street to the lot line opposite and most distant from the street.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Rear lot line” means the lot line that is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot, the rear lot line is a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Lot of record” means a lot or parcel in a recorded plat. For units of land that are not lots or parcels in a recorded plat, “lot of record” means a unit of land or aggregate of contiguous units of land held in a single ownership, as recorded in the office of the Clackamas County Recorder on October 26, 1971.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Manufactured dwelling park” means any place where four or more manufactured dwellings or prefabricated dwellings 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. A manufactured dwelling park does not include a lot or lots located within an approved subdivision being rented or leased for occupancy by one manufactured dwelling per lot.
History: Ord. 1535 §1 (Exh. A), 2024.
“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.
History: Ord. 1535 §1 (Exh. A), 2024.
“Middle housing land division” means the partition or subdivision of a lot of record that is developed, or proposed to be developed, with middle housing dwelling units. The type of middle housing developed on the original lot of record is not altered by a middle housing land division. Middle housing land divisions are expedited land divisions that are subject to the process outlined in ORS 197.375.
Statutory Reference: ORS Ch. 197, Ch. 375.
History: Ord. 1518 §1 (Exh. A), 2022. Renumbered from 17.06.330 by Ord. 1535 §1 (Exh. A), 2024.
“Mini-storage” means a storage and warehousing service within a building(s) primarily for individuals to store personal effects and by business to store materials for operation of an industrial or commercial enterprise located elsewhere. In no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale business, or service use. Spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials. The location of an owner or manager residence on the premises is permitted.
Statutory Reference: ORS Ch. 197, Ch. 227
“Mixed-use development” means development or buildings where land uses are mixed together. This can include residential and commercial, or office and retail. Uses may be mixed in one building vertically where there is one use on the ground floor and a different use above in one building, or horizontally where a variety of uses are next to each other in one building.
Statutory Reference: ORS Ch. 197, Ch. 227
“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.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1(B), 1993; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Model unit real estate office” means a permanent residential structure located in a developing subdivision used for the promotion of sale of units in the subdivision, so long as the model unit real estate office is at all times available for sale, lease, lease option or exchange as a residential dwelling.
Statutory Reference: ORS Ch. 197, Ch. 227
“Net acre” means an area measuring 43,560 square feet, which excludes:
(1) Road rights-of-way and other public dedications through or on the edge of the land; and
(2) Environmentally constrained areas, including open water areas, areas in the FM district, areas in the WQ District, natural resource areas protected under statewide planning Goal 5 in the Comprehensive Plan, slopes in excess of 25 percent and wetlands requiring a federal fill and removal permit under Section 404 of the Clean Water Act.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1289 §1, 2000; Ord. 1334, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Nonconforming use” means a lawful existing use at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1266 §1, 1998; Ord. 1535 §1 (Exh. A), 2024.
“Nonconforming development” means development of a site which was lawfully existing at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of this title, including but not limited to minimum parking, minimum landscaping, etc.
Statutory Reference: ORS Ch. 197, Ch. 227
“Nursing home” means a facility that provides medical care, nursing, and other health services to its residents. A nursing home is not a group home, foster home, hotel, hospital, or home for the aged.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Open space” means land that is undeveloped and that is planned to remain so indefinitely. “Open space” also refers to land zoned OS, Open Space District, and developed with uses identified in GMC Chapter 17.26 (OS Open Space District).
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1334, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Parcel” means a unit of land that is created by a partitioning of land. For the purposes of this title, “parcel” includes “lot” and “lot of record” unless the context otherwise requires.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Partition land” means to divide a lot of record into two or three parcels within a calendar year, but does not include a division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; divisions of land made pursuant to a court order, including, but not limited to, court orders and proceedings involving testate or intestate succession; or an adjustment of a property line by the relocation of a common boundary where an additional lot of record is not created and where the existing lot of record reduced in size by the adjustment complies with the provisions of this title. Any property divided by the sale or grant of property for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single lot of record until such time as the property is further subdivided or partitioned.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1171 §1(M), 1993; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Person” means an individual, firm, partnership, corporation, company, syndicate, association, social or fraternal organization or any legal entity, and including any trustee, receiver, assignee, or any group or combination acting as a unit.
Statutory Reference: ORS Ch. 197, Ch. 227
“Front porch” means a front entrance to a dwelling covered by a separate roof or an extension of the dwelling roof. Enclosure walls shall extend no more than half the distance from the front porch to the porch eaves. A front porch shall be used only for recreational, outdoor living purposes and not as a carport, garage, storage room or habitable room.
Statutory Reference: ORS Ch. 197, Ch. 227
“Recreational vehicle park” means an area designated by the person establishing, operating, managing or maintaining the same for overnight camping in recreation vehicles or for a short duration by the general public or any segment of the public. Recreation vehicle park includes, but is not limited to, areas open to use free of charge or through payment of a tax or fee or by virtue of rental, lease, license, membership, association, or ownership. Overnight camping of mobile homes is not allowed within recreation vehicle parks. A recreation vehicle park shall not include a municipal, county, state or federal park or recreation area.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1198 §1(A), 1994; Ord. 1535 §1 (Exh. A), 2024.
“Recreation vehicle” means a vacation trailer or self-propelled vehicle or structure equipped with wheels for highway use which is intended for human occupancy and is being used for recreation or vacation purposes, but not for residential purposes, and is equipped with plumbing, sink or toilet, and has a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath and toilet rooms.
Statutory Reference: ORS Ch. 197, Ch. 227
“Residential planned unit development” means a residential (R) planned unit development as allowed under GMC Chapter 17.38 (Planned Unit Development) and is at least 80,000 square feet in any zoning district or combination thereof. A planned unit development less than 80,000 square feet must be approved by Planning Commission per GMC 17.38.020.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“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.
History: Ord. 1535 §1 (Exh. A), 2024.
“Commercial school” means a place where instruction is given to pupils in arts, crafts, trades or other occupational skills and operated as a commercial enterprise as distinguished from schools endowed or supported by taxation.
Statutory Reference: ORS Ch. 197, Ch. 227
“Senior housing center” means a residential facility providing dwelling units without full kitchens (known as residential suites) for those aged 65 and older and dwelling units with full kitchens. Up to 15 percent of the total number of dwelling units may be provided as single-household units or duplex units with full kitchens. A senior housing center is a congregate care facility which provides common services including but not limited to transportation of residents, three meals per day in a common facility and other non-medical care congregate services.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1280 §1, 1998; Ord. 1515 §2 (Exh. B), 2022; Ord. 1535 §1 (Exh. A), 2024.
“Sign” means 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.
Statutory Reference: ORS Ch. 197, Ch. 227
“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control, and may include electronic time and/or temperature displays and the device known in the advertising industry as a commercial electronic variable message sign.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1161 §1, 1992; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“Segmented message sign” means any message or distinct subunit of a message presented by means of at least one display change on an electronic message center sign.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1161 §1, 1992; Renumbered from 17.06.502 by Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
“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 topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such basement, cellar or unused under floor space shall be considered a story.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990; Renumbered from 17.06.505 by Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
(1) “Street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, and the placement of utilities and including the terms road, highway, lane, avenue, place, court, way, circle, drive, alley or similar designation.
(2) “Alley” means a narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
(3) “Arterial” means a street of considerable continuity which is primarily a traffic artery for intercommunication among large areas.
(4) “Collector” means a street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used to some extent for access to abutting properties and may be used to a limited extent for through traffic.
(5) “Cul-de-sac” (dead-end street) means a short street having one end open to traffic and terminated by a vehicle turnaround.
(6) “Marginal access street” means a minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.
(7) “Minor street” means a street intended primarily for access to abutting properties.
Statutory Reference: ORS Ch. 197, Ch. 227
“Temporary structures” means an area covered by a plastic, tarp, fabric, or metal membrane that is either attached to a rigid framework, natural feature or some other structure that is used for storage. It does not include greenhouses or weather proofing of a vehicle, boat, or other individual item by tarp or other type of covering as long as the covering is attached directly to and covers only the particular item.
“Utility facility” means buildings, structures or any constructed portion of a system that provides for the production, transmission, conveyance, delivery or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone and cable television. Utility facilities do not include stormwater pretreatment facilities.
Statutory Reference: ORS Ch. 197, Ch. 227
History: Ord. 1131 §2, 1990, Ord. 1431, 2011; Ord. 1535 §1 (Exh. A), 2024.
“Utility substation” means a facility that provides for the location of utility service apparatus that includes, but is not limited to: telephone exchanges; public utility structures, without shops, garages or general administrative offices; transmission and receiving towers, and/or earth stations.
“Vacation occupancy” as defined by ORS 90.100 means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:
(1) The occupant rents the unit for vacation purposes only, not as a principal residence;
(2) The occupant has a principal residence other than at the unit; and
(3) The period of authorized occupancy does not exceed 45 days.
“Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Statutory Reference: ORS Ch. 197, Ch. 227