Zoneomics Logo
search icon

Molalla City Zoning Code

Division V

Definitions

§ 17-5.1.010 Purpose.

The purpose of Chapter 17-5.1 is to define terms that are used in the City of Molalla Development Code and other terms that may arise in interpreting the Code, particularly those that may be uncommon or have more than one meaning.
(Ord. 2017-08 §1)

§ 17-5.1.020 Applicability.

A. 
Definitions. The definitions in Chapter 17-5.1 apply to all actions and interpretations under the City of Molalla Development Code. The meanings of some terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control.
B. 
When a Term is Not Defined. Terms not defined in this Code shall have their ordinary accepted meanings within the context in which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be used as the standard reference.
C. 
Land Use Categories. Chapter 17-5.1 defines the land use categories used in Division II.
D. 
Conflicting Definitions. Where a term listed in Chapter 17-5.1 is defined by another section of this Code or by other regulations or statutes referenced by this Code, the term is not redefined herein for purposes of that other code.
(Ord. 2017-08 §1)

§ 17-5.1.030 Definitions.

The following definitions are organized alphabetically.
A. 
Abutting.
Contiguous or adjoining.
Access.
A way or means of approach to provide pedestrian, bicycle, and/or motor vehicular entrances or exits to a property.
Access control.
Where the right of access between a property abutting the highway and the highway has been acquired by a roadway authority, or eliminated by law, pursuant to access or approach spacing standards.
Access easement.
An easement conveyed for the purposed of providing vehicle, bicycle, and/or pedestrian access from a public street to a lot or parcel across intervening property under separate ownership from the parcel being provided access. Cross access easement is an easement providing vehicular access between two or more separate sites, so that the driver need not enter the public street system between sites.
Access management.
The systematic control of the location, spacing, design, and operation of driveways, median openings interchanges, and street connections to a roadway to minimize conflicts between turning and through vehicles, bicyclists, and pedestrians. The purpose of access management is to provide vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system. Public facility measures to support access management include roadway design applications, such as median treatments and auxiliary lanes, and the appropriate spacing of traffic signals. Measures that may be included as conditions of approval for development decisions include, but are not limited to: (1) standards such as minimum spacing of driveways and onsite vehicle storage requirements; (2) mitigations related to site conditions such as right-in-right-out only approaches, medians, dedicated turn lanes, and shared driveways; and (3) provision for future opportunities for mitigation by land dedication or easement.
Access management plan.
A plan adopted by the City, or jointly by the Oregon Transportation Commission (OTC) in coordination with the City, for managing access on a designated section of an arterial street or highway, or within the influence area of a highway interchange.
Accessible.
Two meanings are possible depending on the specific code provision. In general, accessible means approachable by pedestrians, vehicles, or other transportation modes, as applicable. Accessible may also mean approachable and useable by people with disabilities, in conformance with the federal Americans with Disabilities Act. Either or both definitions may apply in a particular situation.
Accessory structure.
A structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure. Accessory structures are detached from the primary structure. Examples of accessory structures include, but are not limited to, garages, decks, fences, arbors, gazebos, heat pumps, workshops, and other structures. See also Primary Structure.
Accessory use.
A use or activity that is a subordinate part of a primary use and that is clearly incidental to a primary use on a site. See also Primary Use.
Access point.
A connection providing for the movement of vehicles between a lot or parcel and a public roadway.
Access, reasonable.
Access that does not require excessive out-of-direction travel or pose a safety hazard.
Access spacing/intersection spacing.
The minimum required distance from an intersection of a public or private street to the nearest driveway or other access connection, measured from the closest edge of the pavement of the intersecting street to the closest edge of the pavement of the connection along the traveled way.
Access way.
A walkway or multi-use path connecting two rights-of-way to one another where no vehicle connection is made.
Access way.
A walkway providing a through connection for pedestrians between two streets, between two lots, or between a development and a public right-of-way. It may be an access way for pedestrians and bicyclists (with no vehicle access), or a walkway on public or private property (i.e., with a public access easement); it may also be designed to accommodate emergency vehicles. See also Walkway.
Adjacent.
Abutting or located directly across a street right-of-way or easement.
Alter/alteration.
A change in use or occupancy or physical change to a structure or site. Alteration does not include normal maintenance and repair. Alterations may or may not require land use approval, but property owners should check with the City of Molalla before preparing project plans or commencing development. Alterations include, but are not limited to, the following:
-
Changes in use or occupancy;
-
Changes to the exterior of a building;
-
Changes to the interior of a building;
-
Increases or decreases in floor area of a building;
-
Changes to other structures on the site, or the development of new structures;
-
Changes to exterior improvements;
-
Changes to landscaping; and
-
Changes in the topography of the site.
Alternate access.
The right to access a property by means other than the proposed approach or access connection. It may include an existing public right-of-way, another location on the subject street or highway, an easement across adjoining property, a different street, a service road, a local road, or an alley, and may be in the form of a single or joint approach.
Applicant.
A person who applies for a permit or approval under this Code. An applicant can be the owner of the property, a contract purchaser, or someone who is legally authorized to represent the owner, such as a builder, developer, or contract purchaser.
B. 
Bed and breakfast inn.
Any establishment located in a structure designed for a single-family residence and structures appurtenant thereto, providing limited overnight lodging and meals for guests pursuant to the special use requirements for bed and breakfast inns.
Block.
All of the property bounded by streets, rights-of-way (pedestrian or vehicle ways), water features, or any combination thereof, but is not divided or separated in any way by streets or water features.
Block face/street frontage.
All of the property fronting on one side of a street that is between intersecting or intercepting streets, or that is between a street and a water feature, or end of a dead-end street. An intercepting street determines the boundary of the block frontage only on the side of the street that it intercepts. See figure, below.
Block Frontage
-Image-22.tif
Building.
See applicable building code.
Building footprint.
The outline of a building, as measured around its foundation.
Building official.
The person who enforces the building ordinances and regulations for the City, and other ordinances and regulations as assigned.
Building/structure height.
The height of a building or structure as measured pursuant to the State of Oregon Structural Specialty Code.
Build-to line.
A maximum front or street yard setback which is typically required along commercial street frontages to promote a storefront character and pedestrian-oriented design.
Build-To Line
-Image-23.tif
C. 
Capacity.
Maximum holding or service ability, as used for transportation, utilities, parks, and other public facilities. See also definition of "Occupancy" in applicable building codes.
Carport.
A stationary structure consisting of a roof, its supports, and not more than one wall or storage cabinets substituting for a wall, used to shelter motor vehicles, recreational vehicles, or boats; does not include temporary shelters or canopies not affixed to a permanent foundation per applicable building codes.
Change of use.
Change in the primary type of use on a site.
Child care facility.
Facilities that provide care and supervision of minor children for periods of less than 24 hours that do not otherwise meet the definition of Family Daycare.
City.
The City of Molalla, Oregon.
Clear and objective.
Decision criteria and standards that do not involve substantial discretion or individual judgment in their application.
Clearing (as in clearing and grading).
Any activity that removes existing vegetation or strips surface material from any portion of the site and exceeding typical yard maintenance for a single-family dwelling.
Club.
Any organization, group, or association supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests, but shall not include any organization, group, or association, the chief activity of which is to render a service customarily carried on as a business.
Commercial.
Land use involving buying/selling of goods or services as the primary activity. See also Retail Sales and Services.
Commercial outdoor recreation (land use).
Includes firing ranges, golf courses, and driving ranges, etc.
Common area.
Land jointly owned to include open space, landscaping, or recreation facilities (e.g., may be managed by a homeowners' association).
Community services (land use).
Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community, except for schools, which are categorized separately. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Private lodges, clubs, and non-profit organizations that have membership provisions may be considered a community service. Uses providing mass shelter or short-term housing where tenancy may be arranged for periods of less than one month when operated by a public or non-profit agency may also be considered a community service. The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature. See also Religious Institutions, and Parks and Open Spaces.
Comprehensive plan.
The current adopted Comprehensive Plan of the City of Molalla.
Conditional use.
A use that requires a Conditional Use Permit. See Chapter 17-4.4.
Condominium.
Ownership of a single unit in a multi-unit structure that may contain common areas and facilities; includes both residential and commercial condominiums. See ORS Chapter 100 for applicable requirements.
Corner lot.
See Lot, Corner lot.
Corner radius.
The radius of a street corner, as measured around the curb or edge of pavement, except as otherwise specified by applicable engineering design standards.
Council/City Council.
The City Council of Molalla, Oregon.
County.
Clackamas County.
D. 
Days.
Calendar days, unless specifically stated as working days. Working days include Monday through Friday, excluding federal holidays.
Dedication.
The designation of land by its owner for any public use as shown on a subdivision plat or deed. The term may also be used for dedications to a private homeowners' association.
Density(ies).
A measurement of the number of dwelling units in relationship to a specified amount of land based on the minimum lot size per dwelling unit required by the applicable zone.
Develop.
To construct or alter a structure or to make a physical change to the land, including excavations, clearing, and fills. See also Alteration.
Development.
All improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities.
Discontinued use.
A use that physically left the land it was on, a permitted use that ceased, or a use terminated at the end of a lease or contract. See Chapter 17-1.4 Nonconforming Situations.
Discretionary.
A permit action or decision that involves substantial judgment or discretion.
Drive-through/drive-up facility.
A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities may serve the primary use of the site or may serve accessory uses. Examples are drive-up windows; automatic teller machines; coffee kiosks and similar vendors; menu boards; order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water, and windshield washing stations; quick-lube or quick-oil change facilities; and drive-in theaters. All driveways queuing and waiting areas associated with a drivethrough/drive-up facility are similarly regulated as part of such facility.
Driveway.
The area that provides vehicular access to a site from a street, or the area that provides vehicular circulation on a site.
Driveway approach.
A driveway connection to a public street or highway where it meets a public right-of-way. Note: The design standards of the applicable roadway authority apply. See also Oregon Administrative Rules 734, Division 51, for definitions specific to state highways.
Driveway apron.
The edge of a driveway where it meets a public right-of-way. Note: The design standards of the applicable roadway authority apply.
Driveway, shared.
When land uses on two or more lots or parcels share one driveway. An easement or tract (owned in common) must be created and recorded for this purpose.
Dwelling.
A structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. If the individual units are self-contained, assisted living facilities for the elderly or disabled as defined by the State of Oregon, having common food preparation, dining, social, recreational, and/or housekeeping facilities are included in this definition. Typical accessory uses include: accessory storage buildings; private garage and parking areas; storage of not more than one commercial vehicle per dwelling unit; common area buildings for residents, guest houses, and guest quarters not in the main building, provided such houses and quarters are and remain dependent upon the main building for either kitchen or bathroom facilities, or both, and the guest facilities are used for temporary lodging only and not as a place of residence; and the taking of boarders or leasing of rooms by a resident family, providing the total number of boarders and roomers does not exceed two in any dwelling unit. For the purposes of this Code, the following types of dwelling units are defined:
-
Accessory Dwelling. A secondary dwelling unit on a lot where the primary use is a single-family dwelling.
-
Attached, Single-Family (Townhome). A dwelling unit located on its own lot that shares one or more common or abutting walls with one or more dwelling units on adjacent lot(s).
-
Cottage Cluster. A grouping of small, single-family dwellings clustered around a common area and developed with a coherent plan for the entire site.
-
Duplex Dwelling. A structure that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.
-
Dwelling Unit. A building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar.
-
Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities; that is intended for human occupancy; that is being used for residential purposes; and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
-
Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities; that is intended for human occupancy; that is being used for residential purposes; and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
-
Multifamily Development. A structure or grouping of structures containing three or more dwellings on the same lot.
-
Multifamily Structure. A structure containing three or more dwelling units. The land underneath the structure is not divided into separate lots.
-
Recreational Vehicle (RV). A vehicle, with or without motive power, that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes and is further defined by state law and administrative rules.
-
Residential Care Facility is defined under ORS 430.010 (for alcohol and drug abuse programs), ORS 443.400 (for persons with disabilities), and ORS 443.880; residential facilities provide housing and care for six to 15 individuals who need not be related. Staff persons required to meet state licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents.
-
Residential Care Home. A residential treatment or training or adult foster home licensed by or under the authority of the Department of Human Services, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500, or an adult foster home licensed under ORS 443.705 to 443.825 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. (See also ORS 197.660.)
-
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.
-
Single-Family, Detached Dwelling. A detached dwelling unit located on its own lot.
E. 
Easement.
A grant of rights by a property owner that allows others to use the owner's land for a specific purpose, such as access, or to locate utilities. Recorded and on record at Clackamas County.
Emergency apparatus lane or fire lane.
Unobstructed area or driveway meeting Uniform Fire Code requirements, typically not be used for parking or loading area.
F. 
Family daycare.
Care for not more than 16 children in a home. See ORS 657A.440(4) for applicable licensing and other requirements.
Final plat.
The diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division, pursuant to ORS Chapter 92 and Chapter 17-4.3 of this Code.
Floodplain/hazard area.
Area as so indicated by the Federal Flood Insurance Rate Map, as amended.
Floor area.
Area of building, which may be described in terms of gross (overall) square feet, or net marketable/leasable space.
G. 
Garage.
A covered permanent structure designed to provide shelter for vehicles, and which is accessory to a dwelling or other primary use. Carports are considered garages.
Grade.
The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. This is the definition used in the Oregon Structural Specialty Code (the International Building Code as amended by the State of Oregon).
Grading.
All cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development.
Ground cover.
Living or processed plant material (e. g., mulch, bark chips), river rock, and cinders used for aesthetic purposes and to prevent erosion (i.e., cover bare ground) in designated landscape areas. See Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting.
Ground floor.
Building floor closest to street level and within four feet of finished grade.
H. 
Hazardous substances.
Any substance, material, or waste listed below:
-
Nuclear or radioactive materials or waste
-
Chemicals subject to reporting under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, published July 1987, U. S. Environmental Protection Agency
-
Hazardous Materials Table, in the Code of Federal Regulations (CFR), Title 49, Part 172.101
-
Other substances as determined by applicable state or federal agency
Home occupation, home occupation site.
A business activity that is carried out on the same site as a dwelling unit, and which is accessory to the residential use on the site, subject to the special use provisions of Chapter 17-2.3.
Hotel/motel.
A building or portion thereof designed and used for occupancy of transient individuals lodged with or without meals for a continuous period not to exceed 29 days. (See ORS 446.310.)
I. 
Incidental and subordinate to.
Secondary to, and less apparent than, the primary use or other portion of the development.
Industrial service uses.
Industrial service firms are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Examples include welding shops; machine shops; tool repair; electric motor repair; sales, repair, salvage, or wrecking of heavy machinery, metal, building materials, autos, or trucks (does not include junk yards); towing and temporary vehicle storage; heavy truck servicing and repair; tire re-treading or recapping; truck stops; building, heating, plumbing, or electrical contractors; printing, publishing, and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; industrial laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and similar uses.
Intersection.
An at-grade connection of a public or private approach road to the highway.
J. 
Junk yard.
(1) Any property or establishment on which one or more persons are engaged in breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap or waste materials. (2) Any establishment or place of business on which two or more inoperable motor vehicles or an equivalent volume of waste or refuse are maintained, stored, bought, or sold. Includes wrecking yards, automobile graveyards, garbage dumps, and scrap metal processing facilities.
K. 
Kennel.
Any lot or premises where three or more dogs or cats aged six months or older are boarded or bred for compensation. Establishments where animals are offered for sale as the primary use, such as pet stores, are not classified as kennels.
L. 
Land division.
The process of dividing land to create parcels or lots. See Chapter 17-4.3.
Landscaping.
Any combination of living plants such as trees, shrubs, plants, vegetative ground cover, or turf grasses, and may include structural features such as walkways, fences, benches, plazas, works of art, reflective pools, fountains, or the like. Also includes irrigation systems, mulches, topsoil, and re-vegetation or the preservation, protection, and replacement of trees.
Land use.
The activity or activities that occur on a piece of land. Activities may be individually identified as primary or accessory uses.
Land use decision.
A final decision or determination made by the City of Molalla (or other agency with jurisdiction) that concerns the adoption, amendment, or application of the Statewide Planning Goals, the Comprehensive Plan, or any land use regulation (i.e., this Code) where the decision requires the interpretation or exercise of policy or legal judgment (ORS 197.015). Note: All decisions requiring Quasi-Judicial review by the City of Molalla are Land Use Decisions. Decisions subject to Administrative review are considered Limited Land Use Decisions, pursuant to ORS 197.015.
Legislative.
A legislative action or decision is the making of law, as opposed to the application of existing law to a particular use (e. g., adoption of, or amendment to, a comprehensive plan or development regulation). See also Section 4.1.050.
Level of service ("LOS").
A quantitative standard for transportation facilities describing operational conditions. See City of Molalla Transportation System Plan.
Loading area.
The area available for the maneuvering and standing of vehicles engaged in delivering and loading goods, freight, or other articles. See also Chapter 17-3.5 Parking and Loading.
Lot.
A lot is a legally defined piece of land other than a tract that is the result of a land division. The following definitions for "lot" apply to the state definition of both lot (result of subdividing) and parcel (result of partitioning). See figures under the definition for "Lot Lines/Property Lines."
-
Corner Lot. A lot that has frontage on more than one intersecting street. A street that curves with angles of 120 degrees or less, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot. See figures, below.
-
Flag Lot. A lot with two distinct parts, the flag, which is the only building site and is located behind another lot; and the pole, which connects the flag to the street, provides the only street frontage for the lot, and at any point is less than the minimum lot width for the zone.
-
Through/Reverse Frontage Lot. A lot that has frontage on two parallel or approximately parallel streets.
Corner Lots
-Image-28.tif
-Image-29.tif
-Image-30.tif
Flag Lot
-Image-24.tif
Lot area.
The total surface area (measured horizontally) within the boundary lines of a lot.
Lot consolidation.
The reduction in the number of lots, i.e., the creation of one lot from two or more existing lots.
Lot coverage.
The total area of a lot covered by building(s) or impervious surfaces, as provided by the applicable land use district development standards.
Lot, double-frontage.
See Lot, Through/Reverse Frontage Lot.
Lot line adjustment.
See Property Line Adjustment.
Lot lines/property lines.
The property lines along the edge of a lot or site. See figures, below.
-
Front Lot Line. A lot line, or segment of a lot line, that abuts a street. On a corner lot, the front lot line is the shortest of the lot lines that abut a street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front lot line for the purpose of determining required setbacks. However, a through lot has two front lot lines regardless of whether the street lot lines are of equal or unequal length. See figures, below.
-
Rear Lot Line. A lot line that is opposite a front lot line. A triangular lot has two side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. See figures, below.
-
Side Lot Line. A lot line that connects front and rear lot lines. On a corner lot, the longer lot line that abuts a street is a side lot line. See figures, below.
-
Side Street Lot Line. A lot line that is both a side lot line and a street lot line. See figures, below.
-
Street Lot Line. A lot line, or segment of a lot line, that abuts a street. Street lot line does not include lot lines that abut a dedicated alley. On a corner lot, there are two (or more) street lot lines. Street lot line can include front lot lines and side lot lines, however, both are considered front yards for the purpose of measuring required setbacks. See figures, below.
Front and Side Lot Lines
-Image-25.tif
Street Lot Lines
-Image-26.tif
Lot Lines on Irregular Lots
-Image-27.tif
Lot of record.
A legally created lot or parcel meeting all applicable regulations in effect at the time of creation and held in separate ownership, or any other lot deemed a legal lot under Chapter 17-1.3.
M. 
Main/primary building entrance.
A main entrance is the entrance to a building that most pedestrians are expected to use. Generally, each building has one main entrance; however, some buildings may have more than one primary entrance or may have entrances that open directly into the building's lobby or principal interior ground level circulation space.
Maneuvering area/aisle.
The driving area in a parking lot where motor vehicles are able to turn around and access parking or loading spaces.
Manufactured and mobile homes.
See definitions under Dwelling.
Manufactured dwelling park (land use).
Any place where four or more manufactured dwellings, as defined in ORS 446.003, 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 an approved subdivision being rented or leased for occupancy by one manufactured dwelling per lot. See also ORS Chapter 446.
Manufacturing and production (land use).
Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Examples include processing of food and related products; breweries and distilleries when not accessory to a commercial use; slaughter houses or meat packing; taxidermist; lumber mills, pulp and paper mills, and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; concrete batching and asphalt mixing; production or fabrication of metals or metal products, including enameling and galvanizing; manufacture or assembly of machinery, equipment, vehicles, appliances; sign making; production of prefabricated structures, including mobile homes; and the production of energy.
Marijuana items.
Marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts as those terms are defined in Oregon law.
Marijuana processors.
Any facility or operation registered with the Oregon Liquor Control Commission that lawfully processes marijuana items.
Marijuana producers.
Any facility or operation registered with the Oregon Liquor Control Commission that lawfully produces marijuana. Also known as a recreational marijuana "grow site."
Marijuana wholesaler.
Any facility or operation registered with the Oregon Liquor Control Commission that lawfully purchases marijuana items in this state for resale to a person other than a consumer.
Medical marijuana dispensary or retailer.
Any facility or operation registered with the Oregon Health Authority and used or intended to be used for purposes of delivering, dispensing, or transferring marijuana items to Oregon medical marijuana registry identification card holders pursuant to ORS 475.300-475.346.
Medical marijuana producers.
Any facility or operation registered with the Oregon Health Authority and used or intended to be used for the purpose of cultivating marijuana at a specific location registered by the Authority and used by the grower to produce marijuana for medical use by a specific patient. Also known as a medical marijuana "grow site."
Mixed-use.
The combination of residential uses with commercial (e.g., office, retail, or services), civic, or light industrial uses on a site.
Mobile food unit.
Any vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway, or waterway, on which food is prepared, processed, or converted or which is used in selling and dispensing food to the ultimate consumer.
Mobile food unit, permanent.
A mobile food unit that operates on a given property for more than eight hours in a 24-hour period.
Mobile food unit, temporary.
A mobile food unit that operates on a given property for eight hours or less in a 24-hour period.
Multifamily development and structure.
See definitions under Dwelling.
N. 
Net buildable area.
The area of a site for residential or non-residential development, excluding street rights-of-way and other publicly dedicated improvements such as parks, open space, and stormwater detention and retention facilities. "Net buildable area" is expressed either in acres or square feet.
Nonconforming development.
An element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk, or parking area, or lack thereof, that was created in conformance with development regulations but which subsequently, due to a change in the zone or applicable Code standards, is no longer in conformance with the current applicable development regulations. See Chapter 17-1.4.
Nonconforming situation.
A Nonconforming Development or Nonconforming Use. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. See also Nonconforming Development and Nonconforming Use. See Chapter 17-1.4.
Nonconforming use.
A use that was allowed by right when established or a use that obtained a required land use approval when established, but that subsequently, due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See Chapter 17-1.4.
O. 
Office (land use).
Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.
Off-street parking.
All off-street areas designed, constructed, used, or required, or intended to be used, for the parking of motor vehicles. See Chapter 17-3.5 for parking standards.
On-street parking.
Parking in the street right-of-way, typically in parking lanes or bays, when allowed by the applicable roadway authority. See Chapter 17-3.5 for parking standards.
Orientation.
To face toward a particular point of reference (e.g., "A building oriented to the street").
Owner.
The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the Office of the County Assessor. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the City a copy of a deed or contract of sale signed by the owner of record.
P. 
Parcel.
A legally defined area of land created through a partition.
Parking area.
A parking area is all the area devoted to the standing, maneuvering, and circulation of motor vehicles. Parking areas do not include driveways or areas devoted exclusively to non-passenger loading or fire apparatus lanes.
Parking lot perimeter.
The boundary of a parking lot area that usually contains a landscaped buffer area.
Parking space.
An improved space designed to provide standing area for a motor vehicle. See Chapter 17-3.5 for parking space standards.
Parking versus storage.
Parking is to leave a motor vehicle for a temporary time. Storage is to place or leave in a location for storage, maintenance, repair, future sale, or rental, or future use for an indefinite period of time.
Parks and open space (land use).
Parks and open space areas are public parks or private common areas consisting mostly of recreational facilities, community gardens, or natural areas.
Partition.
To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. See ORS 92.010(8).
Pathway.
A walkway, bikeway, or access way conforming to City standards and separated from the street right-of-way, that may or may not be within a public right-of-way.
Planned road or street.
A highway, road, street, or alley identified in an adopted corridor plan, comprehensive plan or transportation system plan in accordance with administrative procedures of OAR 660-012 and ORS Chapter 197, but that has not been constructed.
Planter strip.
A landscape area for street trees and other plantings within the public right-of-way, usually a continuous planter area between the street and a sidewalk.
Plat.
Diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division. This term includes the state law definitions of "partition plat" and "subdivision plat." See also Chapter 17-4.3, Land Divisions.
Posted speed.
The statutory speed established by ORS 811.105 or ORS 811.180, or the designated speed established by ORS 810.180.
Practicable.
Capable of being done after taking into consideration reasonable cost, existing technology, and logistics in light of overall project purposes.
Primary structure.
A structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory structure is determined by comparing the size, placement, design, appearance, and the orientation of the structures on a site.
Primary use.
An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use.
Project.
An existing or proposed use or development subject to one or more land use approvals.
Property line adjustment.
The relocation of a single common property line between two abutting properties not resulting in an increase in the number of lots, pursuant to Chapter 17-4.3. See figure, below.
Property Line Adjustment
-Image-31.tif
Public access easement.
A public access easement is an easement granted to the public for vehicular and pedestrian access, or for non-motorized access.
Public improvements.
Development of public infrastructure, as required by the City, a special district, or road authority, as applicable. See Chapter 17-3.6.
Q. 
Quasi-judicial.
An action or decision that requires substantial discretion or judgment in applying the standards or criteria of this Code to the facts of a development or land use proposal, and requires a public hearing. See Section 17-4.1.040.
R. 
Radio frequency transmission facilities (land use).
Radio frequency transmission facilities includes all devices, equipment, machinery, structures, or supporting elements necessary to produce non-ionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Towers may be self supporting, guyed, or mounted on poles or buildings.
Recreational marijuana dispensary or retailer.
Any facility or operation registered with the Oregon Liquor Control Commission that lawfully sells marijuana items to a consumer in Oregon.
Recreational vehicle park (land use).
A commercial use providing space and facilities for motor homes or other recreational vehicles for recreational use or transient lodging. There is no minimum required stay in a recreational vehicle park, however, the City may establish the maximum length of stay. Uses where unoccupied recreational vehicles are offered for sale or lease, or are stored, are not included as Recreational Vehicle Parks.
Recycling center.
A facility for the collection, storage, and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. This shall not include retail bottle/can return centers in C-1 or C-2 commercial districts, junkyards or wrecking yards.
Religious institutions and places of worship (land use).
Uses primarily providing meeting areas for religious activities; may include schools as an accessory use.
Residential use (land use).
Long-term (i.e., more than 28 days) occupancy of a dwelling unit, which may be owner-occupied or rented. Occupancy of a dwelling unit for shorter periods of time is considered an overnight accommodation.
Retail sales and service uses (land use).
Retail sales and service uses sell, lease, or rent new or used products, goods, or services. They include services such as barber/salon, accountant, restaurant, bar, repair service, and similar uses. See also Vehicle Servicing.
Right-of-way.
Real property or an interest in real property owned by a roadway authority for the purpose of constructing, operating, and maintaining public facilities.
Road/roadway authority.
The City or other agency (e. g., Oregon Department of Transportation, City of Molalla, or Clackamas County) with jurisdiction over a road or street.
Roadway.
The portion of a right-of-way that is improved for motor vehicle and bicycle travel, subject to applicable state motor vehicle licensing requirements. Roadway includes vehicle travel lanes and on-street parking areas. Roadway does not include area devoted to curbs, parking strips, or sidewalks.
S. 
Schools (land use).
Public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level.
Self-service storage.
Mini-storage or other storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.
Setback/setback yard.
The minimum distance required between a specified object, such as a building, and another point, measured from lot lines to a specified object. Typically, a setback refers to the minimum distance (yard dimension) from a building to a specified property line.
Shared driveway.
A driveway used to access two or more parcels.
Shared parking.
Required parking facilities for two or more uses, structures, or lots or parcels, which are satisfied jointly with the same facilities. See Chapter 17-3.5.
Sidewalk.
A paved walkway within a public street right-of-way that is generally located adjacent to and separated from the roadway by a curb, drainage facility (e.g., ditch or swale), or planter strip.
Sight distance.
The unobstructed viewing distance measured from one object or location to another object or location, usually required for the purpose of traffic safety (e.g., a length of street or highway that a driver can see with an acceptable level of clarity, pursuant to the standards of the applicable roadway authority).
Sign.
Any outdoor device, or device visible from outdoors, providing identification, advertising, or directional information for a specific business, group of businesses, service, product, brand, person, organization, place or building. included in this definition of signs are: graphic devices such as logos and trademarks; attention-attracting objects such as wind-driven spinners, portable sign devices, logo sculptures, banners, balloons, streamers, strobe lights, flags, inflatable structures, projected picture signs, holographic projection signs, and laser projected designs/images/copy; and other attention attracting media and devices. (Note: Cross reference with existing sign ordinance.)
Site.
For land divisions, property line adjustments, and lot consolidations, the site is the lots, lots of record, parcels, or tracts proposed to be divided or reconfigured. For all other purposes, the site is an ownership except as follows:
-
If a proposed development includes multiple ownerships, then the site is the combined area of all contiguous ownerships.
-
If a proposed development includes only a portion of an ownership, and the balance of the ownership is vacant, then the applicant may choose to define the site as the portion of the ownership that is proposed for development.
-
If a proposed development includes only a portion of an ownership, and there is other development on the ownership, then the applicant may choose to define the site as the portion of the ownership that is currently developed plus the portion proposed for development.
Site frontage.
The part of a site that abuts a street. See also Block/Street Frontage.
Spacing standards.
The minimum distance required between a proposed street or driveway connection, as applicable, and the center of the nearest existing street or driveway connection on the same side of the high-way in both directions, as set forth by the standards of the applicable roadway authority. Spacing standards for state highways are contained in OAR 734-051-4020.
Street.
A right-of-way that is intended for motor vehicle, pedestrian, or bicycle travel; or for motor vehicle, bicycle, or pedestrian access to abutting property. For the purposes of this Code, street does not include alleys and rail rights-of-way that do not also allow for motor vehicle access, or freeways and their ramps.
Street connectivity.
Expressed as the number of street and/or access way connections within a specific geographic area. Higher levels of connectivity provide for more direct transportation routes and better dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through neighborhoods.
Street-facing/oriented to street.
A wall plane of a structure that faces or is oriented within 45 degrees or less from a street lot line.
Street stub.
A temporary street ending where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end or dead-end street.
Structure.
Except as provided by applicable building codes, any object constructed in or on the ground. Structure includes buildings, decks, fences, towers, flag poles, signs, utility vaults, and other similar objects. Structure does not include paved areas or vegetative landscaping materials.
Subdivision.
To divide land into four or more lots within a single calendar year. See also Chapter 17-4.3 Land Divisions, and ORS 92.010.
T. 
Through street.
A street that connects to other streets at both ends or is planned to do so in the future, pursuant to a comprehensive plan, transportation system plan, access management plan, or land use approval.
Topographical constraint.
Where existing slopes, landforms (e.g., streams, canals, rock outcropping, etc.) or existing man-made feature (e.g., embankment or berm) make conformance with a Code standard impracticable.
Tract.
A piece of land within a platted subdivision reserved for open space, utility corridor, recreation facilities, sensitive lands, or other purpose; may be dedicated to a homeowner's association or other entity for maintenance.
Traffic impact analysis.
A report prepared by a professional engineer that analyzes existing and future roadway conditions, and which may recommend transportation improvements and mitigation measures.
Travel trailer.
A vacation structure or self-propelled vehicle equipped with wheels for street or highway use; intended for human occupancy; equipped with plumbing, sink, or toilets; used for vacation and recreational purposes; and not used as a residence. See ORS 446.003(5), (24), and Recreational Vehicle.
Turnaround.
A vehicle maneuvering area at the end of a dead-end street (e.g., hammerhead, cul-de-sac, or other configuration) that allows for vehicles to turn around.
U. 
Use (land use).
The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Utilities.
For the purposes of this Code, there are two types of utilities: (1) private: telephone, electric, telecommunication, and similar franchise facilities; and (2) public: water and wastewater conveyance and treatment facilities.
Utilities (land use).
Utilities are infrastructure services, which need to be located in or near the area where the service is provided. Basic utility uses may or may not have regular employees at the site. Services may be public or privately provided. Examples include water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; water quality and flow control facilities; water conveyance systems; stormwater facilities and conveyance systems; telephone exchanges; suspended cable transportation systems; public safety facilities; district heating and cooling systems; solar, wind, or geothermal power generation facilities that are not accessory to a primary use; and emergency communication broadcast facilities. Larger-scale utility facilities, and those that do not conform to the above definition (e.g., biomass power generation), may be classified as Industrial uses or "Other" uses (e.g., Utility Corridor) as applicable.
V. 
Variance.
A Planning Commission or Planning Official decision to lessen or otherwise modify the requirements of this Code. See Chapter 17-4.7.
Vehicle areas.
All of the areas on a site where vehicles may circulate or park, including parking areas, driveways, drive-through lanes, and loading areas. See also Driveway and Parking Area.
Vehicle repair.
Repair of passenger vehicles, trucks or other motor vehicles such as motorcycles, boats and recreational vehicles.
Vehicle servicing.
Gas stations, unattended card key stations, car washes, commercial vehicle maintenance and/or oil and lubrication services, and similar uses.
Vision clearance area.
Areas near intersections of roadways and motor vehicle access points where a clear field of vision is required for traffic safety and to maintain adequate sight distance. See Chapter 17-3.3.
W. 
Walkway.
A sidewalk or path, including any access way, improved to City standards, or to other roadway authority standards, as applicable. See also Access Way, Pathway, and Sidewalk.
Warehouse, freight movement and distribution.
The storage or movement of goods, except as accessory to a primary permitted use on the subject site.
Waste-related use.
Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive, store, sort, and distribute post-consumer recyclable materials; and those that receive hazardous wastes from others and are subject to the regulations of OAR 340-100-110, Hazardous Waste Management.
Waste/trash collection areas.
Waste collection areas include areas set aside or designed to be used for garbage collection and collection of materials for recycling. Waste collection areas include areas occupied by dumpsters and other solid waste receptacles.
Wireless communication equipment.
Cellular towers, antennae, monopoles, and related facilities used for radio signal transmission and receiving.
X. 
(Reserved)
Y. 
Yard.
The area defined by setbacks (i.e., between the setback line and nearest property line).
Z. 
(Reserved)
(Ord. 2017-08 §1; Ord. 2018-13 §2; Ord. 2020-10 §2; Ord. 2021-05 §2)