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Philomath City Zoning Code

Division 1

INTRODUCTION

§ 18.05.010 How to use the development code.

Welcome to the city of Philomath development code. This is a comprehensive land use and development code that governs all of the land within the incorporated limits of the city of Philomath and its urban growth boundary. The five divisions of the code are used together to review land use applications. They are organized as follows:
A. 
Division 1. In addition to this brief introduction, Division 1 provides definitions for selected terms and information on the legal construct of the title. It also explains the city's authority to enforce this title.
B. 
Division 2. Every parcel, lot, and tract of land within the city's incorporated boundaries is also within a "land use district." (Land use districts are shown on the city's official zoning map.) Division 2 identifies the land uses that are permitted within each district and the standards that apply to each type of land use (e.g., lot standards, setbacks, and use-specific design standards). As required by state law, the zones or "land use districts" conform to the city of Philomath comprehensive plan. The districts reserve land for planned land uses, provide compatibility between different uses, and implement planned housing densities.
C. 
Division 3. The design standards contained in Division 3 apply throughout the city. They are used in preparing development plans, and reviewing applications, to ensure compliance with city standards for access and circulation, landscaping, parking, public facilities, surface water management, housing densities, and sensitive lands.
D. 
Division 4. Division 4 provides all of the application requirements and procedures for obtaining permits required by this title. Four types of permit procedures are covered: Type I (nondiscretionary, "ministerial" decision); Type II (discretionary, "administrative" decision); Type III (discretionary, administrative decision with public hearing); and Type IV ("legislative" decision by city council).
E. 
Division 5. Division 5 provides standards and procedures for variances and nonconforming situations (i.e., existing uses or development that do not comply with the code). This title cannot provide standards to fit every potential development situation. The city's varied geography, and complexities of land development, requires flexibility. Division 5 provides that flexibility while maintaining the purposes and intent of this title.
(Ord. 720 § 7[1.1], 2003)

§ 18.10.010 Severability.

The provisions of this title are severable. If a court of competent jurisdiction adjudges any section, sentence, clause or phrases of this title to be invalid, that decision shall not affect the validity of the remaining portion of this title.
(Ord. 720 § 7[1.2.1], 2003)

§ 18.10.020 Compliance and scope.

A. 
Land and structures may be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, only as this title or any amendment thereto permits. No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this title.
B. 
The requirements of this title apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons' successors in interest.
C. 
Where this title imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.
D. 
The provisions of Chapter 18.155 PMC shall govern variances.
E. 
No lot area, yard or other open space or off-street parking or loading area which is required by this title for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use, except as otherwise specifically allowed by this title.
F. 
When this title provides for a specific use in a particular district, such a use shall only be made in such district where it is expressly permitted by the code. A specific use identified in one or more specific district(s) shall not be allowed in any other district, notwithstanding that another district might describe the same general type of use.
(Ord. 720 § 7[1.2.2], 2003; Ord. 734 § 1, 2005; Ord. 812 § 1, 2016)

§ 18.10.030 Consistency with plan and laws.

Each development and use application and other procedure initiated under this title shall be consistent with the adopted comprehensive plan of the city of Philomath as implemented by this title, and with applicable state and federal laws and regulations. All provisions of this title shall be construed in conformity with the adopted comprehensive plan.
(Ord. 720 § 7[1.2.3], 2003; Ord. 734 § 1, 2005)

§ 18.10.040 Use of a development.

A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this title (including nonconforming uses subject to Chapter 18.160 PMC) and is not prohibited by law.
(Ord. 720 § 7[1.2.4], 2003; Ord. 734 § 1, 2005)

§ 18.10.050 Validity of approved plans and preexisting approvals.

A. 
Developments, including subdivisions, projects requiring development review or site design review approval, or other development applications for which approvals were granted, are subject to the following:
1. 
Start of Construction. Site plan approval is valid for a period of 18 months from the date of approval. Building permits must be issued and physical construction as set forth below must commence within the 18-month period.
2. 
Extensions. Upon written application prior to expiration, the planning commission, or city council, as applicable, may authorize an extension of the time limit of the site plan approval for an additional one year. The extension shall be based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period. The planning commission, or city council, as applicable, may require compliance with any amendments to the zoning ordinance adopted since the date of the original approval.
3. 
Expiration of Site Plan Approval. In cases where the construction authorized by a site plan approval is not complete within 36 months of site plan approval or granting of an extension, unless otherwise specified in a development agreement, the site plan approval shall automatically become null and void and all rights thereunder shall terminate.
B. 
Amendment of development approvals shall comply with Chapter 18.130 PMC, Modifications to Approved Plans and Conditions of Approval.
C. 
All development proposals received by the city after the adoption of this title shall be subject to review for conformance with the standards under this title or as otherwise provided by state law.
(Ord. 720 § 7[1.2.5], 2003; Ord. 734 § 1, 2005; Ord. 841 § 2, 2020)

§ 18.10.060 Building permit and certificate of occupancy.

A. 
A building permit shall not be issued until the planning official has issued a development permit in accordance with the provisions of Division 4, Applications and Review Procedures, or otherwise found that a development permit is not required.
B. 
To ensure completion of a development or use in the manner approved, a development shall not be occupied and a use shall not begin until the building official has issued a certificate of occupancy or other approval following completion of the work in substantial conformance to the applicable land use and building permits.
C. 
Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain.
(Ord. 720 § 7[1.2.6], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006)

§ 18.10.070 Official action.

A. 
All officials, departments, employees (including contractors) of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this title, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this title.
B. 
Any permit or approval issued or granted in conflict with the provisions of this title shall be void.
C. 
The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this title.
(Ord. 720 § 7[1.2.7], 2003; Ord. 734 § 1, 2005)

§ 18.15.010 Definitions.

"Abutting"
means contiguous or adjoining. It shall include the terms "adjacent," "adjoining" and "contiguous."
"Access easement"
means an easement recorded for the purpose of providing vehicle, bicycle, and/or pedestrian access from a public street to a parcel across intervening property under separate ownership from the parcel being provided access.
"Access management"
means the control of street (or highway) access for the purpose of improving the efficiency, safety and/or operation of the roadway for vehicles; may include prohibiting, closing, or limiting direct vehicle access to a roadway from abutting properties, either with physical barriers (curbs, medians, etc.) or by land dedication or easement. See also PMC § 18.65.020.
"Accessible"
means approachable and usable by people with disabilities. Complies with the Americans with Disabilities Act.
"Accessory dwelling"
means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling.
"Accessory use" or "accessory structure"
means a use or structure which is incidental or subordinate to the primary use of the property. See PMC § 18.35.100(J).
"Accessway"
means a walkway that provides pedestrian and/or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop.
Adjacent.
See "Abutting."
"Administrative"
means a discretionary action or permit decision made without a public hearing, but requiring public notification and an opportunity for appeal.
"Adverse impact"
means negative effect of development that can be measured (e.g., noise, air pollution, vibration, dust, etc.).
"Affordable housing"
means a development with at least 50 percent of units affordable to households with income less than or equal to 60 percent of median family income (MFI) for a period of at least 60 years.
"Agriculture,"
as used in this title, is the same as "farm use." See also ORS 215.203(2)(a).
"Alley"
means a public or private right-of-way designed and intended to serve as alternate access to the side or rear of properties.
"Ambient"
means something that surrounds, as in the level of light, dust or noise.
"Arcade"
means an arched or covered passageway, often along building fronts or between streets.
"Arterial"
means those roads or streets that interconnect and support the arterial highway system and link major commercial, residential, industrial, and institutional areas.
"Articulate" or "articulation"
means the jointing and interrelating of building spaces through offsets, projections, overhangs, extensions and similar features.
"Automobile-oriented use"
means a use or activity where automobiles and/or other motor vehicles are an integral part of the use, including repair shops and drive-through services. Auto-oriented uses include uses related to the operation, sale, maintenance, or fueling of motor vehicles, and uses where the use of a motor vehicle is accessory to the primary use, including drive-through uses.
"Bed and breakfast inn"
provides overnight accommodations on a daily or weekly basis in an owner-occupied home that is primarily used for this purpose. This use is operated as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a major source of income to the proprietors.
"Berm"
means a small rise or hill in a landscape that is intended to buffer sound or visually screen certain developments, such as parking areas.
"Beveled building corner"
means a rounded or flat edge on a building, usually at a street corner; may include an entrance, windows, pillars, or other architectural details and ornamentation.
"Block"
means a parcel of land or group of lots bounded by intersecting streets. See also PMC § 18.65.020(J).
"Boarding house"
means any structure, other than a "residential facility" or "residential treatment home" as those terms are defined in ORS 443.400, where rooms for sleeping and dwelling, along with common, shared or joint living and/or sanitation and/or eating and/or cooking facilities, are provided for hire or by separate rental agreement or separate lease, sublease or contractual assignment to more than three people. Children and adults are counted to determine whether there are more than three people. A house in which family members jointly share and contribute to the costs of the home under a single tenancy is not a boarding house. A structure with separate sleeping, bathroom and kitchen facilities for each dwelling unit is not a boarding house.
"Bollard"
means a post of metal, wood or masonry that is used to separate or direct traffic (vehicles, pedestrians and/or bicycles). Bollards are usually decorative and may contain sidewalk or pathway lighting.
"Boulevard"
means a street with broad open space areas; typically with planted medians.
"Building footprint"
means the outline of a building, as measured around its foundation.
"Building mass"
means the aggregate size of a building or the total height, width, and depth of all its parts.
"Building pad"
means a vacant building site on a lot with other building sites.
"Building scale"
means the dimensional relationship of a building and its component parts to other buildings.
"Bulkhead"
means the wall below ground-floor windows on a building (i.e., may be differentiated from other walls by using different materials or detailing).
"Capacity"
means the maximum holding or service ability, as used for transportation, utilities, parks and other public facilities.
"Centerline radius"
means the radius of a centerline of a street right-of-way.
"Child care center" and "family child care"
means facilities that provide care and supervision of minor children for periods of less than 24 hours. "Family child care providers" provide care for not more than 12 children in a home. See also ORS Chapter 657A for certification requirements.
"City"
means the city of Philomath, Oregon.
"Civic center"
means a building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.
"Clear and objective"
relates to decision criteria and standards that do not involve substantial discretion or individual judgment in their application.
"Climate friendly area"
means an urban mixed-use area containing, or planned to contain, a mixture of higher density housing, jobs, businesses, and services. These areas are served by, or planned for service by, high quality pedestrian, bicycle, and transit infrastructure and services to provide frequent and convenient connections to key destinations within the city and region.
"Club"
means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
"Commercial"
means land uses involving buying/selling of goods or services as the primary activity.
"Common area"
means land commonly owned to include open space, landscaping or recreation facilities (e.g., typically owned by homeowners associations).
"Conservation easement"
means an easement that protects identified conservation values of the land, such as wetlands, woodlands, significant trees, floodplains, wildlife habitat, and similar resources.
"Corner radius"
means the radius of a street corner, as measured around the curb or edge of pavement.
"Cornice"
means the projecting horizontal element that tops a wall or flat roof. See PMC § 18.40.070.
"Cottage"
means a small house that may be used as an accessory dwelling in conformance with PMC § 18.35.100(B).
"Courtyard"
means a court or enclosure adjacent to a building, which usually provides amenities such as gardens, planters, seating, or art.
"Criteria"
are the elements required to comply with a particular standard.
"Curb cut"
means a driveway opening where a curb is provided along a street.
"Day care facility"
means any facility that provides day care to adults or children, including a child day care center, group day care home, home of a family day care provider, including those known under a descriptive name such as nursery school, preschool, or kindergarten.
"Day care home"
means a day care facility located in a building constructed as a single-family dwelling that is certified to care for no more than 12 adults or children at any given time.
"Deciduous"
means a tree or shrub that sheds its leaves seasonally.
"Dedication"
means 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)"
means a measurement of the number of dwelling units in relationship to a specified amount of land. As used in this title, density does not include land devoted to street right-of-way. Density is a measurement used generally for residential uses.
"Developable"
means buildable land, as identified by the city's comprehensive plan. Includes both vacant land and land likely to be redeveloped, per ORS 197.295(1).
"Development"
means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, grading, and areas devoted to exterior display, storage, or activities. "Development" includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes.
"Discontinued/abandoned use"
means a use that has ceased to be used for its legally intended purpose for a period of greater than six months. See Chapter 18.160 PMC.
"Discretionary"
describes a permitted action or decision that involves substantial judgment or discretion.
"Drip-line"
means an imaginary line around a tree or shrub at a distance from the trunk equivalent to the canopy (leaf and branch) spread.
"Drive lane" or "travel lane"
means an improved (e.g., paved) driving surface for one-line vehicles.
"Driveway"
means areas that provide vehicular access to a site, except for public and private streets. A driveway begins at the property line and extends into the site. Driveways do not include parking, maneuvering, or circulation areas in parking space areas.
"Driveway apron/approach"
means the edge of a driveway where it abuts a public way; usually constructed of concrete.
Drought-Tolerant/Drought-Resistant Plants.
Refer to Sunset Western Garden Book (latest edition).
"Duplex"
means a building with two attached housing units on one lot or parcel that need not have a common wall.
"Dwelling unit"
means a living facility that includes provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code, for not more than one family or a congregate residence for three or less persons.
"Easement"
means a right of usage of real property granted by an owner to the public or to specific persons, firms, and corporations.
"Elevation"
refers to a building face, or scaled drawing of the same, from grade to roof ridgeline.
"Enhancement"
means an activity that improves one or more specific functions or values of an existing wetland.
"Environmentally sensitive areas"
means land areas that have some potential development constraint normally associated with riparian corridors, wetlands, critical habitat, or slope. See "Sensitive lands."
"Evidence"
means application materials, plans, data, testimony and other factual information used to demonstrate compliance or noncompliance with a code standard or criterion.
"Family"
means a group of individuals related by blood, marriage or legal document recognized by the state of Oregon that live in a single-family dwelling; or four or more unrelated persons living in a single-family dwelling that can attest to the fact that they all: share the entire house, excluding private sleeping quarters; and live and cook together as a single housekeeping unit the majority of the time; and jointly contribute and share expenses for food, rent, utilities or other household expenses; and do not expect to dissolve the relationship within the next six months; and have at least one primary person living on site who is responsible for the tenant's duties under the lease, including paying rent, utilities, etc.; and jointly have a single tenancy under a single lease, without any separate leases, subleases or contractual assignments of rooms and space within the dwelling.
"Family day care" or "babysitting"
means care of 12 or fewer children, including resident family members, as accessory to any residential use. Family day care is not subject to the definition of "home occupation." See "Child care center."
"Fish habitat"
means those areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
"Flag lot"
means a lot or parcel that has access to a road, street or easement by means of a narrow strip of lot or easement.
"Floor area ratio (FAR)"
is the ratio of the gross floor area of all buildings on a development site, excluding areas within buildings that are dedicated to vehicular parking and circulation, in proportion to the net area of the development site on which the buildings are located. For example, a floor area ratio of 2.0 would indicate that the gross floor area of the building was twice the net area of the site.
"Frontage"
means the dimension of a property line abutting a public or private street.
"Frontage street or road"
means a minor street that parallels an arterial street in order to provide access to abutting properties and minimize direct access onto the arterial.
"Functions" and "values"
means the environmental roles served by wetlands and buffer areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, flood storage, nutrient attenuation, and sediment trapping. "Values" refers to the qualities ascribed to a wetland such as educational and recreational opportunities, open space, and visual aesthetic qualities.
"Functional classification"
means the classification given to streets (e.g., "local/collector/arterial") by the city's comprehensive plan and transportation system plan.
"Garage, private"
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.
"Garage, public"
means a building other than a private garage used for the care and repair of motor vehicles where such vehicles are owned or used or stored for compensation, hire or sale.
"Grade"
means the average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the above ground level should be measured at the sidewalk.
"Ground cover"
means a plant material or nonplant material (e.g., mulch, bark chips/dust) that is used to cover bare ground. See also Chapter 18.70 PMC, Landscaping.
"Hardscape"
means nonplant landscape materials, including pathways, decorative pavers, benches, drinking fountains, arbors, pergolas, playgrounds, plazas, and similar amenities.
"Height"
means the vertical distance of a structure measured from the original grade to the highest point of the structure.
"Home occupation" or "home occupation site"
means the incidental use of a residential dwelling for commercial purposes subject to the provisions of PMC § 18.145.020.
"Human-scale design/development"
means site and building design elements that are dimensionally related to pedestrians such as: small building spaces with individual entrances (e.g., as is typical of downtown and main street developments); larger buildings which have articulation and detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or parking areas broken up into small components with landscaping; and pedestrian amenities such as sidewalks, plazas, outdoor seating, lighting, weather protection (e.g., awnings or canopies), and similar features. These features are all generally smaller in scale than those that are primarily intended to accommodate automobile traffic.
"Impervious surface"
means development which does not allow for water infiltration (e.g., pavement, roofs, etc.).
"Incidental and subordinate to"
means a use or portion of a development that is secondary to and less apparent than the primary use or other portion of the development.
"Industry"
means those fields of economic activity related to forestry, fishing, hunting and trapping; mining; construction; manufacturing; transportation, communication, electric, gas, and sanitary services; and wholesale trade.
"Infill"
means the development of vacant, bypassed lands located in an area that is mainly developed.
"Jail or correction facility"
means any building or other facility used permanently or temporarily by city, county, state, or federal law enforcement or similar or related entities to detain, confine, or incarcerate individuals after arrest, pending trial, or after conviction of any alleged or actual crime.
"Junk"
means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous or nonferrous material, metal or nonmetal materials.
"Junkyard"
means any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk and the term includes automobile graveyards, wrecking yards, and salvage yards.
"Land division"
means the process of dividing land to create parcels or lots.
"Land use"
means the main activity that occurs on a piece of land or the structure in which the activity occurs (e.g., residential, commercial, mixed-use, industrial, open space, recreation, street rights-of-way, vacant, etc.).
"Land use district"
as used in this title is the same as a zone district.
"Landing"
means a level part of a staircase, as at the end of a flight of stairs.
"Landscaping"
means 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. Landscaping also includes inanimate materials such as bark, rock, irrigation systems, mulches, and topsoil.
"Lane" or "mid-block lane"
means a narrow, limited-use roadway facility usually used to access a limited number of dwelling units. Similar to an alley in design. See PMC § 18.35.050(A).
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 PMC § 18.105.060.
"Level of service"
means, for transportation, a standard of a street's carrying capacity based upon prevailing roadway, traffic and traffic control conditions during a given time period. The level of service range, from LOS A (free flow) to LOS F (forced flow), describes operational conditions within a traffic stream and their perception by motorists/passengers. Level of service is normally measured for the peak traffic hour at intersections (signalized or unsignalized) or street segments (between signalized intersections).
"Livestock"
means domestic animal types customarily raised or kept on farms.
"Lot"
means a unit of land that is created by a subdivision of land (ORS 92.010(3)). See also Chapter 18.115 PMC.
"Lot area"
means the total surface area (measured horizontally) within the lot lines of a lot.
"Lot, corner"
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.
"Lot coverage"
means the area of a lot covered by a building or buildings expressed as a percentage of the total lot area.
"Lot depth"
means the horizontal distance ordinarily measured from the midpoint of the front lot line to the midpoint of the rear lot line.
"Lot, interior"
means a lot other than a corner lot.
"Lot line"
means the property line bounding a lot.
"Lot line, front"
means, in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner or through lot, the lot line along a street other than an alley over which the primary vehicular access to the property is gained.
"Lot line, rear"
means the lot line that is opposite and most distant from the front lot line. Where a rear lot line cannot be determined, it shall be developed by striking a cord 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
"Lot line, side"
means any lot line not a front or rear lot line.
"Lot width"
means the horizontal distance between the side lot lines ordinarily measured at the front lot line.
"Lot line adjustment"
means the adjustment of a property line by the relocation of a common line where no additional lots are created. This development code also defines the consolidation of lots (i.e., resulting in fewer lots) as a lot line adjustment.
"Maneuvering area/aisle"
refers to the driving area in a parking lot where motor vehicles are able to turn around and access parking spaces.
"Manufactured home"
means a transportable single-family dwelling conforming to the Manufactured Housing Construction and Safety Standards Code of the U.S. Department of Housing and Urban Development, but is not regulated by the Oregon State Structural Specialty Code and Fire Life Safety Regulations and is intended for permanent occupancy.
"Manufactured home park"
means any tract, lot, or parcel of land maintained, offered or used for the purpose of parking four or more mobile homes as dwelling units.
"Manufacturing"
means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.
"Mini-warehouse"
means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
"Ministerial"
means a routine governmental action or decision that involves little or no discretion. The issuance of a building permit is such an action. See also PMC § 18.105.030.
"Mitigation"
means to avoid, rectify, repair, or compensate for negative impacts which result from other actions (e.g., improvements to a street may be required to mitigate for transportation impacts resulting from development).
"Multifamily housing"
means three or more dwelling units on the same parcel. See PMC § 18.35.100(F).
"Natural hazard"
means natural areas that can cause dangerous or difficult development situations. For example, natural hazard areas include steep slopes, unstable soils, landslides, and flood areas.
"Neighborhood"
means a geographic area lived in by neighbors and usually having distinguishing character.
"Neighborhood-scale design"
means site and building design elements that are dimensionally related to housing and pedestrians, such as narrower streets with tree canopies, smaller parking areas, lower building heights (as compared to downtown areas) and similar neighborhood characteristics. These features are generally smaller in scale than those that are primarily intended to accommodate automobile traffic.
"Nonconforming use or development"
means a land use or structure lawfully existing at the effective date of adoption or amendment of this title that could not be built or used under the terms of this title by reason of restrictions on use, lot area, lot coverage, height, yard, equipment, its location on the lot or other requirements concerning the structure or use. See Chapter 18.160 PMC.
Non-Native Invasive Plants.
See Oregon State University Extension Service Bulletin (latest edition) for Philomath area.
"Off-street parking"
means all off-street areas designed, used, required or intended to be used for the parking of motor vehicles. Off-street parking areas shall conform to the requirements of Chapter 18.75 PMC.
"On-street parking"
means parking in the street right-of-way, typically in parking lanes or bays. Parking may be parallel or angled in relation to the edge of the right-of-way or curb. See also Chapter 18.75 PMC.
"Open space (common/private/active/passive)"
means land within a development that has been dedicated in common to the ownership within the development or to the public specifically for the purpose of providing places for recreation, conservation or similar use.
"Orientation"
means to cause to face toward a particular point of reference (e.g., a building oriented to the street).
"Outdoor commercial use"
means a use supporting a commercial activity that provides goods or services that are stored or displayed outside of an enclosed structure. Examples of outdoor commercial uses include automobile sales or services, nurseries, lumberyards and equipment rental businesses.
"Overlay zone/district"
means additional zoning to that of the underlying base zone that provide regulations that address specific subjects that may be applicable in more than one land use district such as flooding or wetlands. See also Chapter 18.55 PMC.
"Parcel"
means a unit of land that is created by a partitioning of land (ORS 92.010(6)).
"Parking lot perimeter"
means the boundary of a parking lot area that usually contains a landscaped buffer area.
"Parking maximums"
means limits on the number of off-street parking spaces that can be included in a development.
Parking versus Storage.
"Parking" is the area used for leaving motor vehicles for a temporary time. "Storage" is to place or leave in a location for maintenance, repair, sale, rental, or future use.
"Partition"
means 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 also ORS 92.010(8)).
Pathway/Walkway.
A pathway or multi-use pathway may be used to satisfy the requirements for accessways in the Transportation Planning Rule (OAR 660-012-045). See PMC § 18.65.030(A).
"Pier"
means exterior vertical building element that frame each side of a building or its ground-floor windows (usually decorative).
"Planter strip, tree cutout"
means a landscape area for street trees and other plantings within the public right-of-way, usually between the street and a sidewalk.
"Plat"
means a map of subdivision, prepared as specified in ORS 92.080 and recorded with the Benton County assessor's office. All plats shall also conform to Chapter 18.115 PMC, Land Divisions and Lot Line Adjustments.
"Plaza"
means a public square or extra-wide sidewalk (e.g., as on a street corner) that allows for special events, outdoor seating, sidewalk sales, and similar pedestrian activity. See PMC § 18.40.080.
"Primary"
means the largest or most substantial element on the property, as in primary use, residence, entrance, etc. All other similar elements are secondary in size or importance.
"Property line"
means a legal boundary for a lot or parcel.
"Property line, front"
means that property line abutting a street, other than an alley, over which primary vehicular access is gained.
"Property line, rear"
means that property line that is opposite and most distant from the front property line.
"Property line, side"
means that property line other than a front or rear.
"Property line, side street"
means that property line adjacent to a street other than the front property line.
"Quasi-judicial"
refers to an action or decision that requires substantial discretion or judgment in applying the standards or criteria of this title and usually involves a public hearing. See PMC § 18.105.050.
"Recreational vehicle"
means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
"Recreational vehicle park"
means a lot, tract or parcel of land, where two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public for a charge or fee. It does not mean (1) an area designated only for picnicking or overnight camping; or (2) a manufactured dwelling park or mobile home park.
"Residential care facility"
means a facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.460, which 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.
"Residential care home"
means a home licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825, which 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.
"Residential caretaker unit"
means a dwelling of generally a temporary nature providing security for an existing land use activity.
"Restoration"
means to improve a disturbed wetland by returning wetland parameters that may be missing; adding soils, water, or plants. The restoration may return a missing or damaged wetland function to achieve a desired outcome.
"Ridgeline (building)"
means the top of a roof at its highest elevation.
"Right-of-way"
means land that is owned in fee simple by the public, usually for transportation facilities.
"Riparian area"
means the area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.
"Riparian corridor"
means a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.
"Riparian corridor boundary"
means an imaginary line that is a certain distance upland from the top bank, for example, as specified in PMC § 18.55.020(B).
"Roof pitch"
means the slope of a roof, usually described as ratio (e.g., one foot of rise per two feet of horizontal distance).
"Rooftop garden"
means a garden on a building terrace or at the top of a building with a flat roof (usually on a portion of a roof).
"Rubbish"
means a general term for solid waste, excluding food waste and ashes, taken from residences, commercial establishments and institutions.
"Scrap"
means discarded or rejected materials that result from manufacturing or fabricating operations.
"Screening"
means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
"Senior housing"
means housing designated and/or managed for persons over the age of 55. (Specific age restrictions vary.)
"Sensitive lands"
means wetlands, significant trees, steep slopes, floodplains and other natural resource areas designated for protection or conservation by the comprehensive plan.
"Setback"
means the distance between the property line and the building foundation, excluding uncovered steps.
"Shared driveway"
means when land uses on two or more lots or parcels share one driveway. An easement or tract (owned in common) may be created for this purpose.
"Shared parking"
means off-street parking utilized by two or more separate entities. See PMC § 18.75.030(C)(4).
"Single-family attached housing (townhomes)"
means two or more single-family dwellings with common end-walls. See also PMC § 18.35.020 and 18.35.100.
"Single-family detached house"
means a single-family dwelling that does not share a wall with any other building. See also PMC § 18.35.020.
"Single-family detached zero lot line house"
means a single-family detached house with one side yard setback equal to zero. See also PMC § 18.35.020 and 18.35.100.
"Site"
means a property (or group of adjacent parcels or lots under the same ownership) that is subject to a permit application under this title.
"Site area, net"
means the total area of a development site exclusive of proposed or existing public rights-of-way, public parks, public open space, protected natural features, and any other areas permanently precluded from development due to development constraints, easements, or similar legal instruments.
"Spot zoning"
means rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
"Standards"
are code requirements. Criteria are the elements required to comply with a particular standard.
"Steep slopes"
means slopes of greater than 25 percent.
"Storefront character"
means the character expressed by buildings placed close to the street with ground-floor display windows, weather protection (e.g., awnings or canopies), corner building entrances or recessed entries, and similar features.
"Stormwater facility"
means a detention and/or retention pond, swale, or other surface water feature that provides storage during high-rainfall events and/or water quality treatment.
"Story"
means that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
"Stream"
means a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.
"Street"
means any vehicular way which is an existing state, county or municipal roadway and is shown on a plat duly filed and recorded in the office of the county recording officer and includes the land between the street lines, whether improved or unimproved, which meets the city standards in PMC § 18.80.020.
"Street, arterial"
means a street with signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
"Street, collector"
means a street that collects traffic from local streets and connects with minor and major arterials.
"Street connectivity"
means the number of street 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, cul-de-sac"
means a street with a single common ingress and egress and with a turnaround at the end.
"Street furniture/furnishings"
means benches, lighting, bicycle racks, drinking fountains, mailboxes, kiosks, and similar pedestrian amenities located within a street right-of-way. See also PMC § 18.40.080.
"Street, local"
means a street designed to provide vehicular access to abutting property and to discourage through traffic.
"Street stub"
means a temporary street ending (i.e., 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.
"Street tree"
means a tree planted in a planter strip or tree cutout.
"Structural alteration"
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.
"Structure"
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.
"Subdivision"
means to divide land into four or more lots within a single calendar year. (ORS 92.010(13)).
"Swale"
means a type of stormwater facility. Usually a broad, shallow depression with plants that filter and process contaminants.
"Tangent"
means meeting a curve or surface in a single point.
"Terrace"
means a porch or promenade supported by columns, or a flat roof or other platform on a building.
"Top of bank"
shall have the same meaning as "bankfull stage" defined in OAR 141-085-0010(11).
"Topographical constraint"
means where existing slopes prevent conformance with a code standard.
"Tract, private/public"
means a piece of land set aside in a separate area for dedication to the public, a homeowner's association, or other entity (e.g., open space, recreation facilities, sensitive lands, etc.).
"Transportation facilities"
means the physical improvements used to move people and goods from one place to another (i.e., streets, sidewalks, pathways, bike lanes, airports, transit stations and bus stops, etc.).
"Transportation mode"
means the method of transportation (e.g., automobile, bus, walking, bicycling, etc.).
"Triplex"
means a building with three attached housing units on one lot or parcel.
"Unstable soil"
means soil types that pose severe limitations upon development or create a groundwater pollution hazard due to poor filtration, high water table and/or cemented hardpan as defined by the U.S. Soil Conservation Service.
"Use"
means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
"Variance"
means an administrative or quasi-judicial decision to lessen or otherwise modify the requirements of this title. See Chapter 18.155 PMC.
"Vision clearance area"
means a triangular area on a lot at the intersection of two streets or a street and an alley, driveway, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding three and one-half feet in height measured from the grade of the street centerline.
"Water area"
means the area between the banks of a lake, pond and log pond, river, perennial or fish-bearing intermittent stream, excluding manmade farm ponds.
"Wetlands"
are land areas where water is the dominant factor determining the nature of soil development and the types of plant and animal communities. The Federal Clean Water Act (Section 404) and Oregon Administrative Rules (OAR 141-85-010) define them more specifically. For more information, contact the Oregon Division of State Lands.
"Wildlife habitat"
means an area upon which wildlife depend in order to meet their requirements for food, water, shelter, and reproduction. Examples include wildlife migration corridors, big game winter range and nesting and roosting sites.
"Wireless communication equipment"
includes cell towers, antennas, monopoles, and related facilities used for radio signal transmission and receiving.
"Yard"
means an open space on a lot that is unobstructed with buildings from the ground upward, except as otherwise provided in this title.
"Yard, front"
means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the foundation of a building.
"Yard, rear"
means a yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the foundation of a building.
"Yard, side"
means a yard between the front and rear yards measured horizontally and at right angles to the side lot lines from the side lot line to the nearest point of the foundation of a building.
Zero Lot Line House.
See PMC § 18.35.100(A).
(Ord. 720 § 7[1.3], 2003; Ord. 737 § 1, 2006; Ord. 799 § 1, 2015; Ord. 812 § 2, 2016; Ord. 833 §§ 1 – 3, 2018; Ord. 848 § 1, 2021; Ord. 890 (Exh. A), 2024)

§ 18.20.010 Provisions of this title declared to be minimum requirements.

A. 
In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the protection of the public health, safety, and general welfare.
B. 
When the requirements of this title vary from other provisions of this title or with other applicable standards, the most restrictive or that imposing the highest standard shall govern.
(Ord. 720 § 7[1.4.1], 2003)

§ 18.20.020 Violation of code prohibited.

No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto.
(Ord. 720 § 7[1.4.2], 2003)

§ 18.20.030 Penalty.

A. 
A violation of this title shall constitute a Class 1 civil infraction that shall be processed accordingly.
B. 
Each violation of a separate provision of this title shall constitute a separate infraction and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction.
C. 
A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
D. 
If a firm or corporation violates a provision of this title, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section.
(Ord. 720 § 7[1.4.3], 2003)

§ 18.20.040 Complaints regarding violations.

A. 
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a signed, written complaint.
B. 
Such complaints, stating fully the causes and basis thereof, shall be filed with the planning official. The planning official shall properly record such complaints, investigate and take action thereon as provided by this title.
(Ord. 720 § 7[1.4.4], 2003)

§ 18.20.050 Inspection and right of entry.

The planning official or designee may enter upon land subject to a land use application or to enforce any provision of this title to make examination and surveys in the performance of their functions.
(Ord. 720 § 7[1.4.5], 2003)

§ 18.20.060 Abatement of violations.

Any development or use that occurs contrary to the provisions of this title or contrary to any permit or approval issued or granted under this title is unlawful, and may be abated by appropriate proceedings.
(Ord. 720 § 7[1.4.6], 2003)

§ 18.20.070 Stop-order hearing.

A. 
Whenever any work is being done in violation of the provisions of this title or a condition of any permit or other approval granted pursuant hereto, the planning or building official may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue.
B. 
The planning or building official shall schedule a hearing if requested on the stop order for the earliest practicable date, but not more than seven days after the effectiveness of any required notice. At the discretion of the city manager, such hearing may be:
1. 
Part of a hearing on revocation of the underlying development approval; or
2. 
Solely to determine whether a violation has occurred. The city manager shall hold this hearing and shall make written findings as to the violation within 15 days. Upon a finding of no violation, the city manager shall require the issuance of a resume work order. Upon finding a violation, the stop order shall continue to be effective until the violating party furnishes sufficient proof to the city manager that the violation has been abated. The city manager's decision is subject to review under PMC § 18.105.050, Type III procedure (quasi-judicial).
(Ord. 720 § 7[1.4.7], 2003)

§ 18.25.010 Classification of zones.

For the purposes of this title, the following zones are hereby established:
R-1
Low-Density Residential
R-2
Medium-Density Residential
R-3
High-Density Residential
C-1
Downtown Commercial
C-2
General Commercial
O-R
Office Residential
P
Public
LI
Light Industrial
HI
Heavy Industrial
IP
Industrial Park
/PUD
Planned Unit Development
/HEC
Hillside and Erosion Control Overlay
/NH
Sensitive Lands and Natural Resources Overlay
/FH
Flood Hazard Overlay
(Ord. 720 § 7[1.5.1], 2003)

§ 18.25.020 Location of zones.

The zones listed in this title are applied to areas within the city as shown on the city of Philomath zoning map of 2002, which is hereby adopted by reference. The boundaries of these zones may be modified in accordance with the legislative provisions of this title. A print of the adopted zoning map, with amendments, shall be maintained in the office of the city recorder.
(Ord. 720 § 7[1.5.2], 2003)