This ordinance shall be known as the City of Hines Zoning Ordinance.

A.

To implement the Hines Comprehensive Plan as adopted by the city.

B.

To comply with ORS Chapter 195, 197 and 227.

C.

To promote the public health, safety and welfare of the citizens of the City of Hines.

D.

To repeal and replace Ordinance No. 133, and all amendments thereto.

As used in this ordinance, the singular includes the plural and the masculine includes the feminine and neuter; the word "may" is discretionary, the word "shall" is mandatory. The following words and phrases shall mean:

ACCESS: A way or means of approach to provide pedestrian, bicycle, or motor vehicular entrance or exit to a property.

ACCESS CONNECTION: Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.

ACCESS MANAGEMENT: The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed.

ACCESSWAY: A walkway that provides pedestrian and bicycle passage either between roads or from a road to a building or other destination such as a school, park, or transit stop. Access ways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses.

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

ALLEY: A street which affords only a secondary means of access to the property.

APARTMENT: A building (or portion thereof) consisting of separate living units designed for occupancy by five or more families living independently of each other.

AUTOMOBILE WRECKING YARD: Premises used for the commercial storage or sale of used automobile or truck parts or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof, unless said activity takes place solely within an enclosed structure.

BICYCLE: A vehicle designed to operate on the ground on wheels, propelled solely by human power, upon which any person or persons may ride, and with two tandem wheels at least fourteen inches in diameter. An adult tricycle is considered a bicycle.

BICYCLE FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.

BIKEWAY: Any road, path, or way that is some manner specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation mode. The five types of bikeways are:

A.

Multi-use Path: A paved ten- to twelve-foot wide way that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other non-motorized users.

B.

Bike Lane: A four- to six-foot wide portion of the roadway that has been designated by permanent striping and pavement marking for the exclusive use of bicycles.

C.

Shoulder Bikeway: The paved shoulder of a roadway that is four feet or wider; typically shared with pedestrians in rural areas.

D.

Shared Roadway: A travel lane that is shared by bicyclists and motor vehicles.

E.

Multi-use Trail: An unpaved path that accommodates all-terrain bicycles or equestrian; typically shared with pedestrians.

BED AND BREAKFAST: An establishment in a residential district that contains up to five guest bedrooms, is owner or manager occupied, provides a morning meal, and limits the length of stay to fifteen days.

BOARDING HOUSE, LODGING, OR ROOMING HOUSE: A building where lodging with or without meals is provided for compensation, for over five guests to a maximum of twelve guests.

BUILDING: A structure or mobile home unit built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

CARPORT: A stationary, roofed structure or a portion of a building open on two or more sides primarily used for the parking of motor vehicles.

CHURCH: A building or edifice used primarily for religious worship.

CITY: City of Hines.

CITY ADMINISTRATOR: The duly appointed administrative officer of the City of Hines, or a person designated to fulfill the obligations as set forth in this ordinance.

CITY COUNCIL: Hines City Council.

COMMISSION: Hines City Planning Commission.

CONTIGUOUS LAND: Two or more parcels or units of land, including water, under a single ownership which are not separated by an intervening parcel of land under a separate ownership (including limited access rights-of-way) which would deny access between the two parcels under single ownership.

CORNER CLEARANCE: The distance from a public or private road intersection to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.

CROSS ACCESS: A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.

DUPLEX: A building containing two dwelling units. Each dwelling unit is designed for occupancy by a single family.

DWELLING, SINGLE-FAMILY: Any building designed or used exclusively for occupancy by one family and containing one dwelling unit, including manufactured homes meeting the requirements of Chapter 9.

EASEMENT: A grant of one or more property rights by a property owner to or for use of land by the public, or another person or entity.

FAMILY: An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit. Family shall include two or more persons with a handicap as defined in the Fair Housing Amendments Act of 1998, 42 USC § 3601 and following, living as a single housekeeping unit.

FAMILY DAYCARE PROVIDER: A day care provider which meets the requirements of ORS Chapter 443.

FARM USE: An agricultural use fully contained inside greenhouses or other structures.

FOURPLEX: A building containing four dwelling units. Each dwelling unit is designed for occupancy by a single family.

FRONTAGE ROAD: A public or private drive which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street.

FUNCTIONAL AREA (INTERSECTION): That area beyond the physical intersection of two roads that comprises decision and maneuver distance, plus any required vehicle storage length.

FUNCTIONAL CLASSIFICATION: A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.

GRADE (ADJACENT GROUND): Grade is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building between the building and a line five feet from the building.

HEIGHT OF BUILDING: The vertical distance measured from the "average grade" to the highest point of the roof beams of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, nip, or gambrel roofs.

HOME OCCUPATION: A lawful occupation carried on by a resident of a dwelling unit as an accessory use within the dwelling unit or an accessory building on the lot or parcel with the dwelling unit and the occupation is incidental or secondary to residential use and provided the occupation is conducted so that the following apply:

A.

It does not give the appearance of a business.

B.

It does not change the character of the dwelling.

C.

There is no display, except by a non-illuminated sign no larger than one square foot, which may not protrude more than six inches from the exterior of the dwelling unit.

D.

No outside assistants are employed on-site. Family members who are also dwelling residents are permitted to be employed.

E.

There is no increase in noise outside the dwelling unit.

F.

There is only a minor increase, if any, in traffic traveling to and from the dwelling unit.

See Supplemental Provisions, Section 14.11.100 for additional requirements.

INDUSTRIAL: The making of commodities by manufacturing, assembling, fabrication, or compounding by manual labor or machinery. The term includes physical or chemical processes or combinations thereof.

A.

Light Industrial: Is defined as those activities listed above which occur totally within an enclosed structure. There is no odor, vibration, dust, or noise discernable to the human sensory perception beyond the exterior walls of the structure.

B.

Heavy Industrial: Is defined as those activities listed above which can occur outside an enclosed structure. The uses include outside storage, loading and unloading, stockpiling, etc. for which there is no odor, vibration, dust, or noise discernable to the human sensory perception beyond the property line of the site.

JOINT ACCESS (OR SHARED ACCESS): A driveway connecting two or more contiguous sites to the public street system.

LOT: A parcel, tract, or area of land whose boundaries have been established by some, legal instrument, which is recognized as a separate legal entity for purposes of transfer of title, has frontage upon a public or private street, and complies with the dimensional requirements of this code.

LOT AREA: The total area of the lot measured in the horizontal plane within the lot boundary lines.

LOT, CORNER: Any lot having at least two contiguous sides abutting upon one or more streets, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees.

LOT DEPTH: The average distance measured from the front lot line to the rear lot line.

LOT, FLAG: A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way line.

LOT FRONTAGE: That portion of a lot extending along a street right-of-way.

LOT LINE, FRONT: The line on the lot facing the street from which the access to the lot is commonly made.

LOT LINE, REAR: A property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot or parcel, a line ten feet in length within the lot or parcel parallel to and at a maximum distance from the front lot line. In the above instance, and if the front lot line is curved and a determination of the parallel relationship to the front lot line is being made, a straight line connecting the two end points of the front lot line shall be used. In the case of a corner lot or parcel, either interior lot line may be the rear lot line, regardless of the placement of the front door.

LOT, THROUGH (or Double Frontage Lot): A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lots.

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

MANUFACTURED DWELLING:

A.

Residential Trailer: 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.

B.

Mobile Home: A dwelling 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.

C.

Manufactured Home: A dwelling constructed to U.S. Department of Housing and Urban Development (HUD) standards since June 15, 1976, but not to State Building Code Standards.

1.

For any purpose other than that set forth in subparagraph 2 of this paragraph, "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; or

2.

For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, "manufactured home" has the meaning given the term in the contract.

3.

"Manufactured dwelling" does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer.

MOBILE HOME PARK: Any privately owned place where four or more mobile homes used for human occupancy are parked within five hundred feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is the rental of spaces.

MULTIPLE FAMILY DWELLING: Dwelling designed or intended for the residence of five or more families.

NEIGHBORHOOD CENTER: An attractor or destination for residents of surrounding residential areas. Includes, but is not limited to existing or planned schools, parks, shopping areas, transit stops, employment areas.

NON-CONFORMING ACCESS FEATURES: Features of the property access that existed prior to the date of ordinance adoption and do not conform with the requirements of this ordinance.

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

OWNER: A person, his authorized agent or representative having legal authority to use, transfer or lease land.

PARCEL: A division of land comprised of one or more lots in contiguous ownership.

PARKING PLACE: A rectangular area approximately twenty feet long and ten feet wide, together with maneuvering and access space for an automobile, equipment or other vehicle to park within the rectangle without the necessity of maneuvering other parked vehicles.

PEDESTRIAN FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, access ways, crosswalks, ramps, paths, and trails.

PLANNING COMMISSION: City of Hines Planning Commission.

PLAT: An exact and detailed map of the subdivision of land.

PERSON: A natural person, firm, partnership, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.

PLOT PLAN: A drawing indicating the location of existing and proposed structures on a lot or parcel together with other site information as required.

PRIVATE ROAD: Any roadway for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties.

PUBLIC ROAD: A road under the jurisdiction of a public body that provides the principal means of access to an abutting property.

REASONABLE ACCESS: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this ordinance and any applicable plans and policies of the City of Hines.

RECREATIONAL VEHICLE: A vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes and has a gross floor space of less than four hundred square feet. The unit shall be identified as a recreational vehicle by the manufacturer.

RECREATIONAL VEHICLE PARK: Any area designed to establish, operate, manage, or maintain the same for picnicking or overnight recreational vehicle or tent camping by the general public. This includes areas open to use free of charge or through a payment of a tax or fee or by virtue of rental, lease, license, membership, association, or common ownership. This further includes but not limited to those areas divided into two or more lots, parcels, units, or other interests for the purposes of such use. Such recreational vehicle parks as defined are not intended for residential occupancy.

RESIDENTIAL USE: A structure or use designed or used for occupancy as a human dwelling or lodging place, such as single family dwelling, duplex, apartment, boarding, lodging or rooming house, mobile home or mobile home park, or labor camp.

RESIDENTIAL CARE FACILITY: A residential care, residential training, or residential treatment facility licensed or registered by or under the authority of the Department, as defined in ORS 443.400 under ORS 443.400 to ORS 443.460, or licensed by the State of Oregon Division under ORS 418.205 to ORS 418.327 which provides residential care alone or in conjunction with treatment or training, or the combination thereof, for six to fifteen individuals who need not be related. Staff persons required to meet the licensing requirement shall not be counted in the number of facility residences and need not be related to each other or to any resident of the residential facility.

RESIDENTIAL CARE HOME: A residential treatment or training or adult foster home licensed by or under the authority of the Department as defined ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to ORS 443.500, or an adult foster home licensed under ORS 443.705 to 443.825, which provides residential care alone or in conjunction with treatment or training, or a combination thereof, of 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 residents of the residential home.

RIGHT-OF-WAY: Land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility or other public purpose.

SAFE AND CONVENIENT: Bicycle and pedestrian routes that are:

A.

Reasonably free from hazards, and

B.

Provide a reasonably direct route of travel between destinations, considering that the optimum travel distance is one-half mile for pedestrians and three miles for bicyclists.

SETBACK: An area established for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained.

SIGN: An outdoor display, message, emblem, device, figure, painting, drawing, placard, poster, billboard or other thing that is used, designed or intended for advertising purposes or to inform or attract the attention of the public. The term includes the sign supporting structure, display surface and all other component parts of the sign. When dimensions of the sign are specified, the term includes the panels and frames, and the term includes both sides of the sign of specified dimension or area, but the term shall not include a sign as reasonably necessary or required by any branch or agency of the government pursuant to any public law or regulation.

SIGNIFICANT CHANGE IN TRIP GENERATION: A change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding: 1) local ten percent more trip generation (either peak or daily) and one hundred vehicles per day more than the existing use for all roads under local jurisdiction; or 2) State exceeding twenty-five percent more trip generation (either peak or daily) and one hundred vehicles per day more than the existing use for all roads under state jurisdiction.

STREET: The entire width between the right-of-way lines of every public way for vehicular and pedestrian traffic, and includes the terms road, highway, lane, place, avenue, alley or other similar designation which is commonly open to use by the public.

STRUCTURE: Something which is constructed or built having a fixed base on or fixed connection to the ground or other structure.

STUB-OUT (STUB-STREET): A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

SUBSTANTIAL ENLARGEMENTS OR IMPROVEMENTS: An increase in existing square footage or increase in assessed valuation of the structure of twenty-five percent or more in the square footage or assessed value.

TRACT OR AREA: The area within a measurable boundary of land or contiguous parcels of land.

TRIPLEX: A building containing three dwelling units designed for occupancy by three families.

USE: The purpose for which land or building is designed, arranged or intended, or for which it is occupied or maintained.

VEHICLE IMPOUND YARD: A vehicle impound yard is a duly licensed facility in which automobile and other vehicles are stored or impounded for a short duration pending their disposition and disbursement to other facilities. The impound yard shall be managed and screened so as to not provide visual or audio impact on surrounding land uses.

WALKWAY: A hard-surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of access ways.

YARD: An open space on a lot which is unobstructed except as otherwise provided in this ordinance, and includes driveways.

YARD, FRONT: A yard between the side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition abutting on a street other than an alley shall be considered a front yard.

YARD, REAR: Yard between the side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building.

YARD, SIDE: The yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building.