means contiguous or adjoining. Parcels shall be considered to be abutting even when separated by an alley or public right-of-way that is less than or equal to 20 feet wide. Parcels separated by a street or public right-of-way greater than 20 feet wide shall not be considered to be abutting.

means a building or structure incidental, appropriate and subordinate to the main building or structure of the property.

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 detached primary single-family dwelling.

means a use incidental and subordinate to the main use of the property, and which is located on the same lot with the main use. A home occupation is an accessory use.

means that a local land use decision impinges upon the petitioner's use and enjoyment of his or her property or otherwise detracts from interests personal to the petitioner. Examples of adverse effects include, but are not limited to, noise, odors, increased traffic or potential flooding.

means a person's interests are recognized by the local decision maker, the person asserts a position on the merits and the local decision maker renders a decision contrary to that position.

means a public way through a block primarily for utility easements and secondary access for vehicular service to the back or side of properties otherwise abutting on a street.

means a request for a review of a staff interpretation of any provision of the Development Code, or for a review of a decision made by the Planning Commission.

means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

means the flood having a one percent chance of being equaled or exceeded in any given year.

means any areas of the building having its floor subgrade (below ground level) on all sides. "Bike lane" means a portion of a roadway which has been designated by striping, signing, and pavement marking for the preferential or exclusive use of bicyclists.

means a building where lodging with or without meals is provided for compensation for not less than five nor more than 10 guests.

means a structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbaria, crematories, mausoleums and mortuaries.

means a facility certified as such by the State of Oregon under ORS 329A.250(5), other than a "family child care home" that is certified as such by the State of Oregon under ORS 329A.280(2).

means an area which is open from ground to sky and intended for use by all residents of a common development.

means the City of Jefferson.

means single or multiple offices and incidental accessory uses for physicians, surgeons, dentists, chiropractors, osteopaths, and other members of the healing professions.

means the Planning Commission for the City of Jefferson as established by Chapter 2.08 of the Jefferson Municipal Code.

means an area which is open from ground to sky and intended for use by all residents of a common development.

means a facility owned and operated by a governmental agency or a nonprofit community organization which is open to any resident of the neighborhood in which the facility is located, or to any resident of the City of Jefferson, or surrounding area; provided that the primary purpose of the facility is for assembly.

means the document containing maps, policies and text officially adopted by the City Council September 27, 1977 and as subsequently amended to guide the process of change, protect resources, and promote orderly development.

See "child care home" and "child care center."

means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, partitions, subdivisions, creating or terminating accesses, and including both the process of developing and the result of that process.

means the person or persons designated and authorized by the City Council to carry out and enforce the provisions of the Development Code. The development official may delegate such authority as necessary to carry out their responsibilities.

"Duplex dwelling" means two attached dwelling units on a lot or parcel.

"Multiple-family dwelling" means a building containing three or more dwelling units or one lot containing more than two dwelling units on a single lot or parcel.

"Single-family dwelling" means a detached building containing one dwelling unit on a single lot or parcel.

means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of with the occupant(s) maintaining a household therein. This definition does not include a recreational vehicle, however mounted, unless located within a manufactured home park.

means a land division that creates three or fewer parcels under ORS 92.010 and meets the elements set forth for an action under this definition. An action of the City includes land that:

"Sight-obscuring fence" means a fence or evergreen planting arranged in such a way as to obstruct vision.

means a general and temporary condition of partial or complete inundation of normally dry land areas from:

means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

means the channel or a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

means the area included in surrounding walls of a building or portion thereof, exclusive of vent shafts and courts.

"Private garage" means an accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the main building.

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

means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level should be measured at the sidewalk.

means a sign supported by more than one upright pole or brace placed in or upon the ground and wholly detached from any building. It is also known as a ground sign.

See "residential care home" and "residential care facility."

means parking spaces with special dimensions and numbers as required by the Americans with Disabilities Act and as applied by Marion County Building Inspection.

means an individual who has a mental or physical impairment which for the individual constitutes or results in a functional limitation to one or more major life activities.

means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

means a lawful activity commonly carried on within a dwelling by members of the family occupying the dwelling with no servant, employee, or other persons being engaged, provided that:

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

means any premises where four or more dogs, cats, or other animals or any combination thereof at least four months of age, are kept commercially or permitted to remain of board, propagation, training or sale, except veterinary clinics and animal hospitals.

means ground that has been adorned or improved by any combination of contouring, rocks, plantings (for example: trees, shrubs, flowers, groundcover), outdoor structures (for example: fences, walls, benches, walkways, plazas, sculpture), and water features (for example: pools, fountains, waterfalls).

means a parcel or tract of land.

means the total horizontal area within the lot lines of a lot.

"Corner lot" means a lot abutting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than 135 degrees.

means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

"Interior lot" means a lot other than a corner lot. "Lot line" means the property line bounding a lot.

means the relocation of a common property line between two abutting properties. Lot line adjustments do not include vacation of a previously platted lot, creation of additional lots, or creation of a lot not in compliance with City standards. Lot line adjustments are permitted in subdivisions only where there is a single adjustment and the adjustment does not constitute a reconfiguration of the subdivision.

"Front lot line" means, in the case of an interior lot, the line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley. In the case of a corner lot, for the purpose of determining the nonstreet side and rear yard setbacks only, the property owner will be allowed to designate a front yard.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line of 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.

"Side lot line" means any lot line not a front or rear lot line.

means a lot shown as part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county recorder. However, no lot of record may be created without complying with the provisions of the Land Division Requirements of the state of Oregon and the Development Code.

"Through lot" means a lot or development site other than a corner lot with frontage on more than one street. Through lots with frontage on two streets may be referred to as double-frontage lots.

means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line at or near the midpoint of the lot.

means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the Development Code found in Chapter 12.32.

means self-care, ambulation, communication, transportation, education, socialization, employment and the ability to acquire and maintain adequate, safe and decent shelter.

means a residential trailer, mobilehome, prefabricated structure, or manufactured home. A manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code, the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.020 (Purpose) or 455.610 (Low-Rise Residential Dwelling Code) or the Small Home Specialty Code adopted under Section 2, Chapter 401, Oregon Laws 2019.

means any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010, that are relocatable and more than eight and one-half feet wide, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured home per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.101 to 92.190.

means a marijuana processor, marijuana producer, marijuana retailer, marijuana wholesaler, medical marijuana facility or medical marijuana processing site.

means a marijuana processor or a medical marijuana processing site.

means an individual or entity licensed by the Oregon Liquor Control Commission pursuant to Section 14, Chapter 614, Oregon Laws 2015, to process, compound, or convert marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts as defined in Section 1, Chapter 614, Oregon Laws, 2015. A marijuana processor is not a home occupation.

means an individual or entity licensed by the Oregon Liquor Control Commission pursuant to Section 12, Chapter 614, Oregon Laws, 2015, to manufacture, plant, cultivate, grow, or harvest marijuana. For purposes of this code, marijuana production is not an agricultural use. A marijuana producer is not a home occupation.

means a marijuana retailer or a medical marijuana facility.

means an individual or entity licensed by the Oregon Liquor Control Commission Section 16, Chapter 614, Oregon Laws 2015, to sell marijuana items to consumers. A marijuana retailer is not a home occupation.

means an individual or entity licensed by the Oregon Liquor Control Commission Section 15, Chapter 614, Oregon Laws 2015, to purchase marijuana items for resale to someone other than a consumer. A marijuana wholesaler is not a home occupation.

means a facility registered by the Oregon Health Authority pursuant to ORS 475.314. A medical marijuana facility is not a home occupation.

means a marijuana processing site registered under Section 85 of Chapter 614, Oregon Laws, 2015. A medical marijuana processing site is not a home occupation.

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 mobilehome laws in effect at the time of construction.

means structures for which the start of construction commenced on or after the effective date of the Development Code.

means any building which lawfully existed prior to the effective date of the Development Code, but which, due to the requirements adopted herein, no longer complies with the height, yard, area and coverage regulations, off-street parking requirements, or other provisions of the Development Code pertaining to buildings.

means a parcel of land which lawfully existed prior to the effective date of the Development Code or which was legally created after the adoption of the Development Code, but which in either case does not conform to the lot area and/or lot dimension standards for the district in which it is located.

means any use which lawfully existed on the effective date of the Development Code, but which due to the requirements adopted herein, no longer complies with the schedule of permitted uses. Uses allowed in certain use districts by conditional use permit, but which were existing on the effective date of the Development Code without a conditional use permit, shall also be considered nonconforming.

means facilities licensed by the state of Oregon as such.

means a site area not devoted to buildings, parking, driveways or storage areas. "Parcel" means and includes:

"Private parking area" means privately or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated or otherwise identified for use by the tenants, employees or owners of the property, and for which the parking area is required by the Development Code and not open for general public use.

"Public parking area" means private or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots which may be required by the Development Code for retail customers, patrons and clients.

means a space for parking a motor vehicle within a designated parking area according to the dimensions as required in the Public Works Design Standards.

means a division of land into two or three parcels of land within a calendar year, not including creation of a road or street.

means any sidewalk, footpath or trail which provides on-site pedestrian access and circulation.

means every natural person, firm, partnership, association or corporation.

means a sign that exceeds 10 feet in height, supported by one or more upright poles, placed in or upon the ground and wholly detached from any building.

means a semienclosed area which is intended for use strictly by the occupants of one dwelling unit. Private open space may include porches, balconies, terraces, rooftop gardens, verandas and decks.

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 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 care facility.

means a residential treatment or training home, as defined in ORS 443.400, a residential facility registered under ORS 443.485, or an adult foster home licensed under ORS 443.705 through 443.735 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.

means a vehicle with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, and has a gross floor area not exceeding 400 square feet in the set-up mode and as further defined by state rule.

See guidelines in Section 12.42.140.

means the distance measured from the lot line to the building structure.

means a presentation or representation, other than a house number, which by words, letters, figures, designs, pictures or colors publicly displayed, gives notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered to be a sign.

means the distance measured from the average elevation of the ground adjacent to the structure that the sign is mounted on, or the elevation of a public sidewalk or street curb within 10 feet of the sign structure, to the greatest height of the sign face.

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 require that the occupant share sanitary or food preparation facilities with other units in the occupancy.

"Automobile service station" means a place or station designed and used primarily for the supply of motor fuel, lubrication and accessories to motor vehicles.

includes substantial improvement and means the date the building permit was issued, provided that actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

means the entire width between the boundary lines of every right-of-way which provides for public use for the purposes of vehicular and pedestrian traffic and includes the terms "road," "highway," "lane," "place," "avenue," "alley," "court," or other similar designation.

means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground; a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

means a change to the supporting members of a structure including the supporting parts of foundations, bearing walls or partitions, columns, beams, girders, or the roof.

means the creation of four or more lots in a calendar year; the process (and the result) of dividing a parcel of raw land into smaller buildable sites, blocks, streets, open space and public areas, and the designation of the location of utilities and other improvements.

means, for purposes of Chapter 12.32 Floodplain District Standards, damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before the damage occurred would equal or exceed 50% of the market value of the structure before the damage occurred.

means:

means a use established for a limited duration of not more than one year unless otherwise defined within the Development Code, with the intent to discontinue such use upon the expiration of the time period. Temporary uses may be renewable if approved by the Commission.

See "recreational vehicle" and "dwelling unit."

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

means a grant of relief from the requirements of the Development Code which permits development in a manner that would otherwise be prohibited by the Development Code.

See the clear vision area requirements in Section 12.40.080.

means an unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices. This definition shall be interpreted and applied as technology evolves to reflect changes in the manner of providing wireless communication services. These shall include devices defined and regulated by the 1996 Telecommunications Act of the United States of America.

means space on a lot which is not covered by a structure except as otherwise provided in the Development Code.

"Front yard" means a yard between side lot lines measured horizontally and at right angles from the front line to the nearest point of the building.

"Rear yard" means a yard extending between side lot lines measured horizontally and at right angles from the rear lot line to the nearest point of the building.

"Side yard" means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the building.