Oregon City City Zoning Code

A.

As used in this title, words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; unless the context clearly indicates the contrary, the word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter; and the term "this title" shall be deemed to include the text of this title and accompanying zoning maps and all amendments hereafter made thereto.

B.

Whenever the following words or terms and their derivatives are used in this title, they shall have the meaning herein ascribed to them, unless the context makes such meaning repugnant thereto.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Editor's note— Ord. No. 22-1001, § 1(Exh. A), adopted June 1, 2022, repealed § 17.04.006, which pertained to the definition of 3—4 plex residential and derived from Ord. No. 18-1009, adopted July 3, 2019.

"Accessory building" or "accessory structure" means a detached building or structure subordinate in size and use, but located on the same lot as, a principal building.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Accessory dwelling unit" (ADU) means a residential dwelling unit located on the same lot as a single-family dwelling, that is not a recreational vehicle. The habitable living unit provides basic living requirements including permanent cooking and toilet facilities, and may be either attached to the same building as the single-family dwelling unit or in a detached building.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Access control" means the regulation of public access rights to and from properties abutting public rights-of-way by the construction of physical barriers or conveyance to the city of a property interest (reserve strip) that prevents access to the public right-of-way.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Accessway" means any public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas, or tracts of land. The term "accessway" includes highway, streets, roads, avenues, alleys, paths, sidewalks or similar designations.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Accessway, pedestrian/bicycle" means any off-street path or way as described in OCMC 16.12, intended primarily for pedestrians or bicycles and which provides direct routes within and from new developments to residential areas, retail and office areas, transit streets and neighborhood activity centers.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Vehicular access" means an improved roadway, either public or private, providing automobile entrance and/or exit from an approved public street.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"After-hours public parking" means utilization of parking, not within the right-of-way, by the public with or without charge when the associated primary use is not active.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Alley" means a public or private way not more than twenty feet wide that provides access to a property or properties from a side other than the designated front of the property.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Alteration" means the addition to, removal of or from, or physical modification or repair of, any exterior part or portion of a landmark or structures in an historic or conservation district. In an historic district any physical change shall be considered a form of alteration and shall be treated as such, except repair and maintenance or change of copy.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Amateur radio operator" means a ham radio operator, as licensed by the United States Government.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Anadromous fish-bearing stream" means a stream or portion of a stream which is identified by resolution of the city commission as spawning or rearing habitat for those species of fish which return to rivers from the sea for breeding.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Antenna" means any pole, panel, rod, reflection disc or similar device used for the transmission or reception of radio frequency signals, including, but not limited to omni-directional antenna (whip), directional antenna (panel), micro cell, and parabolic antenna (dish). The antenna does not include the support structure or tower.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Applicant" means the party or parties who submit an application seeking development approval through an administrative, quasi-judicial or legislative procedure under OCMC Title 16 or 17.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Application" means any request for approval of a permit or a legislative amendment to the city's land use regulations, comprehensive plan or related zoning maps.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Approval criteria" and "approval standards" means all standards which must be met in order to approve an application. Depending upon the specific application, approval criteria include standards contained in this code, the Oregon City Comprehensive Plan and applicable state law.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Aquifer" is a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Certified Arborist" means a professional tree service provider whose certification is regulated and current and maintained with the International Society of Arboriculture (ISA). To use the term "Certified Arborist," an individual must have three years of experience and have passed an ISA certification exam that tests a variety of tree care knowledge.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

A covered area contiguous to a street or plaza that is open and unobstructed to a height of not less than ten feet and that provides public access to building entrances, retail space and/or public space. An arcade may include building columns, landscaping, statuary, pools, or fountains as part of the arcade for the purpose of computing area. The term "arcade" shall not include off-street loading areas, driveways, off-street parking areas, or open pedestrian walkways.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Architect" means an architect licensed by the state of Oregon.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Architectural significance" for the purposes of OCMC 17.40 means that the structure or district:

1.

Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

2.

Embodies those distinguishing characteristics of an architectural-type specimen;

3.

Is the work of an architect or master builder whose individual work has influenced the development of the city; or

4.

Contains elements of architectural design, detail, materials or craftsmanship which represents a significant innovation.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Arterial" means any street so designated in the city's transportation master plan.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Attachment" means for the purposes of OCMC 17.80, an antenna or other piece of related equipment affixed to a transmission tower, building, light, utility pole, or water tower.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Array" means the combination of antennas mounted on a support structure or support tower.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Assisted living facility" means a facility established for profit or nonprofit, which provides nursing care and related medical services on a twenty-four-hour-per-day basis to sixteen or more individuals because of illness, disease, or physical or mental infirmity. Provides care for those persons not in need of hospital care. Patients do not reside in self-contained dwelling units.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Auxiliary support equipment" means for the purposes of OCMC 17.80 all equipment necessary to provide wireless communication signals and data, including but not limited to, electronic processing devices, air conditioning units, and emergency generators. For the purpose of this chapter, auxiliary support equipment shall also include the shelter, cabinets, and other structural facilities used to house and shelter necessary equipment. Auxiliary support equipment does not include support towers or structures.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Bankfull stage" or "bankfull flow" means the stage or elevation of a stream at which water overflows the natural banks of streams or other waters of this state. The bankfull stage or flow may be approximated using either the two-year recurrence interval flood elevation or one foot measured vertically above the ordinary mean high water line.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the one hundred-year flood.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Basement" means a story partly underground. A basement shall be counted as a story in accordance with the accepted building division definitions.

For the purpose of OCMC 17.42 basement means any area of the building having its floor subgrade (below ground level) on all sides.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Base flood elevation" means the elevation of the base flood or one hundred-year storm as defined in FEMA (Federal Emergency Management Agency) flood insurance studies, or the highest flood of record since the adoption of the flood insurance maps, or, in areas without FEMA floodplains, the elevation of the twenty-five-year storm, or the edge of mapped floodprone soils or similar methodologies whichever is higher.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

The Beavercreek Road Concept Plan was renamed the Thimble Creek Concept Plan in 2020. Any reference to the Beavercreek Road Concept Plan refers to the Thimble Creek Concept Plan.

(Ord. No. 21-1006, § 1(Exh. A), 7-1-2020)

Editor's note— Ord. No. 21-1006, § 1(Exh. A), adopted July 1, 2020, set out provisions intended for use as § 17.04.147. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.04.143.

"Bed and breakfast inns and boardinghouses" means building(s) which provides overnight accommodations to the public for fewer than thirty consecutive days.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Beneficial uses" or "beneficial water uses" means, as defined by the Oregon Department of Water Resources, use of an in stream public use of water for the benefit of an appropriator for a purpose consistent with the laws and the economic and general welfare of the people of the state and includes, but is not limited to, domestic, fish life, industrial, irrigation, mining, municipal, pollution abatement, power development, recreation, stock water and wildlife uses.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Board" for the purposes of OCMC 17.40 means the historic review board.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Building" means structure.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Compatible building" means for the purposes of OCMC 17.40, buildings in the Canemah National Register Historic District, which date from 1910 to the 1950's.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Historic building" means for the purposes of OCMC 17.40, any primary, secondary or compatible building in the Canemah National Register Historic District, or any locally designated structure elsewhere in the city.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Building of primary historic significance" shall include buildings in the Canemah National Register Historic district shall include buildings dating from prior to 1880 which are primarily one and one-half or two-story frame structures built in the Gothic Revival and Classic Revival styles. These buildings are primarily single-family dwellings.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Building of secondary historic significance" shall include buildings in the Canemah National Register Historic District dating from 1880 to 1940 which are predominantly rural farm house style and bungalows. These buildings are primarily single-family dwellings.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Camouflage" for the purposes of OCMC 17.80 means the design and construction of a wireless communications facility (WCF) to resemble an object that is not a wireless communication facility and which is typically present in the environment.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Capital improvement project" is a project located within an existing or proposed right-of-way or easement including roads, water mains, sanitary sewers, storm sewers and their appurtenances where the project is solely or partially funded by city funds and is solely or partially administered by the city of Oregon City.

(Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

A standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, or (2) designed for being mounted or moved on a rail car, or (3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Carpool" means a group of two or more commuters, including the driver, who share the ride to or from work, school or other destination.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Certified engineering geologist" is any registered geologist who is certified in the specialty of engineering geology under provisions of ORS 672.505 to 672.705.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Change of Use" means a type of development in which the principal use for an existing site or building is changed to a new different use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged. A change of use may or may not require land use approval depending on the scale and type of use proposed. For example, if an existing warehouse in an industrial zone were to be converted to a manufacturing facility, and both the existing and the proposed use are permitted in the zone, a change of use is occurring, however, land use review would be limited to only the aspects of the use that are changing. See also definition for "Development".

(Ord. No. 25-1006, § 1 (Exh. A), 6-18-2025)

"Citizen involvement committee" means an officially recognized advisory body on citizen involvement with one representative from each neighborhood association.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"City" means the city of Oregon City.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"City engineer" means the engineer manager for the city, their duly authorized representative(s), or the city's duly authorized representative(s) as designated by the city manager or public works director.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"City transportation engineer" means the transportation planning engineer for the city, their duly authorized representative(s), or the city's duly authorized representative(s) as designated by the city manager.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Editor's note— Ord. No. 22-1001, § 1(Exh. A), adopted June 1, 2022, repealed § 17.04.197, which pertained to the definition of cluster housing and derived from Ord. No. 18-1009, adopted July 3, 2019.

"Code" means the Oregon City Municipal Code.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Commercial vehicle" means a vehicle of over eight thousand pounds gross weight that is designed for or being used to transport merchandise, or a vehicle of less than eight thousand pounds gross weight.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Collector" means any street so designated in the city's transportation master plan.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Collocation" or "co-location" means the use of a common wireless communications support structure or tower for two or more antenna arrays.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Community development director" means the manager of the planning division or the community development director's designee.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Comprehensive plan" means the city of Oregon City Comprehensive Plan.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Concept plan area" is a defined area for which there is an adopted concept plan, including the South End Concept Plan area, the Beavercreek Road Concept Plan area, and the Park Place Concept Plan area.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

Defined as right-of-way, public utility easements, and within the building footprint of a building site for any mixed-use, commercial or industrial development, or if a residential development, within the allowable building footprint permitted by the setback requirements of the zone district.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Constructed wetlands" means wetlands developed as a water quality or quantity facility, subject to change and maintenance as such. These areas must be clearly defined and separated from naturally occurring or created wetlands.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Commercial vehicle" means:

A.

A vehicle of over eight thousand pounds gross weight that is designed for or being used to transport merchandise, or a vehicle of less than eight thousand pounds gross weight with the business name of the user permanently exhibited on one or both of its sides that is designed and being used to transport merchandise;

B.

A station wagon or other vehicle with the business name of the user permanently exhibited on one or both of its sides, when used for transporting merchandise.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Cottage cluster " means a grouping of no fewer than four detached dwelling units per acre with a footprint of less than nine hundred square feet each that includes a common courtyard.

(Ord. No. 22-1001, § 1(Exh. A), 6-1-2022)

Editor's note— Ord. No. 22-1001, § 1(Exh. A), adopted June 1, 2022, repealed the former § 17.04.260, and enacted a new § 17.04.260 as set out herein. The former § 17.04.260 pertained to the definition of corner duplexes and derived from Ord. No. 18-1009, July 3, 2019.

"Cottage cluster unit" means an individual dwelling unit with a footprint of less than nine hundred square feet within a cottage cluster.

(Ord. No. 22-1001, § 1(Exh. A), 6-1-2022)

"Created wetlands" means wetlands developed in an area previously identified as a non-wetland to replace, or mitigate wetland destruction or displacement. A created wetland shall be regulated and managed the same as an existing wetland.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Crest" of slope means the point of curvature where the ground surface descends from the top of a slope.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Cul-de-sac" means a street not more than three hundred fifty feet in length having one end open to traffic and being terminated by a vehicle turnaround. The cul-de-sac is measured from the edge of the right-of-way of the intersecting street to the edge of the pavement at the end of the cul-de-sac.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Day care facility" means a facility that provides regular day care services to children under thirteen years of age, including a day nursery, nursery school group or similar unit operating under any name. A day care facility shall not include services provided by a physician or nurse, or facilities operated primarily for education or supervised training or instruction, or day care provided by a "babysitter" or "family day care provider" as defined in this chapter. A day care facility caring for ten or more children shall satisfy the certification requirements of the children's services division.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Debris" means discarded man-made objects that would not occur in an undeveloped stream corridor or wetland. Debris includes, but is not limited to, tires, vehicles, litter, scrap metal, construction waste, lumber, plastic or styrofoam. Debris does not include objects necessary to a use allowed by this code, or ornamental and recreational structures. Debris does not include existing natural plant materials or natural plant materials which are left after flooding, downed or standing dead trees or trees which have fallen into protected water features.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Decision-maker" means the city entity rendering a decision on an application. For applications made under this title, the decision-maker will be either the city engineer, community development director, public works director, or their designee or the planning commission or the city commission or as designated by OCMC 17.50.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Demolish" means to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of the designated landmark or structure in an historic or conservation district.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Design flood elevation" means an elevation that is a minimum of twelve inches greater than the base flood elevation as defined by FEMA (Federal Emergency Management Agency). It can also be referred to as the elevation of the highest flood (generally the base flood elevation including freeboard) that a retrofitting method is designed to protect against. It can also be referred to as the flood protection elevation.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 22-1004, § 1(Exh. A), 8-17-2022)

"Development" means an activity where a building or grading operation occurs, a material change in the use or appearance of a structure or land occurs, dividing land into two or more parcels, partitioning or subdividing of land as provided in ORS 92.010 to 92.285 or the creation or termination of an access right. Development does not refer to a capital improvement project or an activity within the right-of-way or public utility easement that is not associated with land or use changes occurring outside of a right-of-way or public utility easement, except where stated.

For the purpose of OCMC 17.26 and OCMC 17.40, "development" means any man-made change to improved or unimproved real estate, including but not limited to buildings, or other structures, mining, dredging, filling, grading, capital improvement projects, excavation or drilling operations.

For the purpose of OCMC 17.42 "development" 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, capital improvement projects, excavation or drilling operations.

For the purpose of OCMC 17.47, "development" means any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures, sewers, streets or other structures or facilities, capital improvement projects, mining, dredging, paving, filling or grading in amounts greater than ten cubic yards on any lot or excavation. In addition, any other activity that results in the removal of more than ten percent of the existing vegetation in the water quality resource area on a lot is defined as "development."

"Development" does not include the following:

1.

Stream enhancement or restoration projects approved by the city;

2.

Farming practices as defined in ORS 30.930 and farm use as defined in ORS 215.203, except that buildings associated with farm practices and farm uses are subject to the requirements of this chapter; and

3.

Construction on lots in subdivisions meeting the criteria of ORS 92.040(2)(1995).

For the purpose of OCMC 17.49, "development" means any man-made change defined as the construction of buildings or other structures, capital improvement projects, mining, dredging, paving, filling, grading, or site clearing, and grubbing in amounts greater than ten cubic yards on any lot or excavation. In addition, any other activity that results in the removal of more than ten percent of the existing vegetation in the water quality resource area on a lot is defined as development. Development does not include the following:

1.

Stream enhancement or restoration projects approved by the city;

2.

Farming practices as defined in ORS 30.930 and farm use as defined in ORS 215.203, except that buildings associated with farm practices and farm uses are subject to the requirements of this chapter; and

3.

Construction on lots in subdivisions meeting the criteria of ORS 92.040(2) (1995).

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Development site" means any lot or lots on any part of which development is taking place. A capital improvement project or an activity within the right-of-way that is not associated with land or use changes occurring outside of right-of-way or public utility easement, does not occur within a "development site".

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Direct" when used in connection with pedestrian or bicycle access, means the shortest practicable connection or access between two points, which in no instance should involve out-of-direction travel more than fifty percent longer than the straight line distance between two points.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Director" means the director of community development, public works director, or designee.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Disturb" means man-made changes to the existing physical status of the land, which are made in connection with development. The following uses are excluded from the definition:

1.

Enhancement or restoration of the water quality resource area;

2.

Planting native cover identified in the Oregon City native plant list as adopted by Oregon City Commission resolution;

3.

Installation of erosion control measures pursuant to an approved erosion and sediment control plan under Chapter 17.47.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"District" means the area within a designated historic district, conservation district or historic corridor as provided by the zoning maps of the city.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Dormer" is a window vertical in a roof or the roofed structure containing such a window. A dormer is considered an alteration to a building, as it stays within the roof line and does not increase the floor area dimensions.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Duplex" means two attached dwelling units on a lot, or, where permitted, two detached dwelling units on a lot. A duplex does not include a primary dwelling and an accessory dwelling unit on a lot.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019; Ord. No. 22-1001, 1(Exh. A), 6-1-2022)

"Dwelling unit" means a habitable living unit that provides basic living requirements including permanent cooking, and toilet facilities.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Easement" means the space in, upon, above, along, across, over or under a private property for the constructing, reconstructing, operating, maintaining, inspecting, and repairing of a facility owned by someone other than the private property whereby the easement is located.

(Ord. No. 21-1007, § 1(Exh. A), 4-21-2021)

"Electrical service capacity" means:

(a)

Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices;

(b)

Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

(c)

A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and

(d)

A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (a) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations.

(Ord. No. 25-1006, § 1 (Exh. A), 6-18-2025)

"Electric vehicle charging station" means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion.

(Ord. No. 25-1006, § 1 (Exh. A), 6-18-2025)

"Elevated building" for insurance purposes means a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Emergency" means any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Engineer" means a registered professional engineer licensed by the state of Oregon (P.E.).

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Engineering geologist" means a registered professional engineering geologist licensed by the state of Oregon (CEG).

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Enhancement" means the process of improving upon the natural functions and/or values of an area or feature which has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate processes and features that occur naturally.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Entertainment centers and arcades" means a place open to minors where three or more mechanical or electronic amusement devices are located as either the primary or a secondary use.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Erosion" is the movement of soil, rocks, and other surface materials by wind, water, or mechanical means.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Excavation" is any act of development by which soil, earth, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, exposed or bulldozed, including the conditions resulting therefrom.

For the purpose of Chapter 17.47 "excavation" means: Any act of development by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, exposed or relocated.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Expedited land division" means a division of land as defined in ORS 197.360.

(Ord. No. 22-1001, § 1(Exh. A), 6-1-2022)

"Exterior" for the purpose of Chapter 17.40 means any portion of the outside of a landmark building, structure, or site in a district or any addition thereto.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Facade" means the exterior wall(s) or elevation(s) of a structure.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Family day care provider" means a day care provider who regularly provides day care to fewer than sixteen children, including the children of the provider, regardless of full-time or part-time status, in the provider's home in the family living quarters. Provisions of day care to sixteen or more children in the home of the provider shall constitute the operations of a "day care facility," as defined in this chapter, and shall be subject to the requirements of this title for day care facilities. A family day care provider shall satisfy the certification requirements of the office of child care.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)

"Federal Aviation Administration (FAA)" means the federal regulatory agency responsible for the safety of the nation's air traffic control system, including airspace impacted by wireless communications support structures and towers.

(Ord. No. 18-1009, § 1(Exh. A), 7-3-2019)