This chapter shall be known as the Zoning, Subdivision, Partitioning and Land Development Ordinance of 2011 for the City of Prineville, Oregon.

(Ord. 1180, passed 6-14-11)

The overall general purposes of this chapter are as follows: to implement applicable provisions of ORS Chapters 92, 197, 215, 227 and other related statutes; to implement the applicable provisions of certain OARs, statewide planning goals 1 through 14 as applicable, and applicable provisions from state agency plans, programs, policies and regulations; and to implement Prineville’s Urban Area Comprehensive Plan. Relative thereto, the intent of this chapter is as follows: to encourage the most appropriate use of land, taking into account the various characteristics of different areas of the city; to determine the suitability of various areas for certain land uses; to conserve and stabilize the value of property by establishing objective development standards; to recognize the needs for economic enterprises in order to maintain a healthy and balanced economy; to facilitate the redevelopment and rehabilitation of certain areas; to aid in the provision of urban services, facilities and utilities such as water, sewer, solid waste disposal, schools, parks, fire and police protection; to lessen congestion by providing adequate transportation facilities for all modes of travel; to provide for adequate light and air by establishing reasonable setback requirements; to recognize the values of certain natural resources; to provide for the protection and preservation of significant open space, and other natural resources and features; to encourage the orderly growth of the city and provide an adequate supply of buildable land areas for residential, commercial, industrial and other land uses while maintaining the quality of life environment currently evident and desired; to maintain and to provide for the coordination of land use review actions among all affected parties; and, in general, to promote the public health, safety, convenience and general welfare of the city, and the residents therein.

(Ord. 1180, passed 6-14-11)

(A) Construction. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "may" is permissive, and the word "shall" is mandatory; and the masculine shall include the feminine and neuter.

(B) Terminology.

(1) The word "city" shall mean the City of Prineville, Oregon. The words "City Council" and "Council" shall mean the City Council of Prineville. The words "City Planning Commission" and "City Commission" shall mean the City Planning Commission for Prineville as duly appointed by the City Council. The words "City Recorder," "City Manager," "City Planning Official or Director," "Fire Chief," "City Legal Counsel, City Counsel or City Attorney" and "City Public Works or Street Superintendent" shall mean the respective positions for the City of Prineville as applicable.

(2) The word "county" shall mean the County of Crook, Oregon. The words "County Court" and "Court" shall mean the County Court of Crook County. The words "County Planning Commission" and "County Commission" shall mean the County Planning Commission for the county as duly appointed by the County Court. The words "County Clerk," "County Assessor," "County Planning Official or Director," "County Legal Counsel, County Counsel or

County Attorney," "County Roadmaster or Roadmaster" and "County Survey" shall mean the respective positions for Crook County as applicable.

(Ord. 1180, passed 6-14-11)

As used in this chapter, the following words and phrases, unless the context of this chapter requires or provides otherwise, shall have the meaning set forth herein. Words and phrases not defined herein shall have the meaning set forth in state statutes, state administrative rules, state planning goals, policies and other relevant local, state and/or federal regulations. Note: ORSs or OARs set forth herein in parentheses "( )" are for reference information relative to the basis and/or source of the definition.

ABUT. Contiguous to; for example, two lots with a common property line, or two buildings with a common or immediately adjacent wall. For the purposes of this chapter, ABUT does not apply to buildings, uses, lots or parcels separated by a public right-of-way, river, stream channel or canal. It shall include the terms adjacent, adjoining and contiguous.

ACCESS. The right to cross between public and private property, allowing pedestrians, bicycles and vehicles to enter and leave property.

ACCESS EASEMENT. An easement recorded for the purpose of providing access from a public street to a lot across intervening property under separate ownership from the lot being provided access.

ACCESSORY DWELLING UNIT. See DWELLING.

ACCESSORY USE OR STRUCTURE. A use or structure, or a portion of a structure, the use of which is incidental and subordinate to the primary use of the property or structure and located on the same lot or parcel as the primary use and/or structure.

ADULT DAY CARE CENTER. See RESIDENTIAL CARE FACILITY.

ADULT FOSTER HOME. See RESIDENTIAL CARE HOME.

AIRPORT or AIRCRAFT LANDING FACILITY. Any strip of land, landing area, runway, landing pad or other facility designed, used or intended to be used in connection with the landing or taking off of aircraft, including helicopters, and including all necessary taxiways, hangars and other necessary buildings and open spaces; also includes, but is not limited to, land used for existing commercial and recreational airport uses and activities and activities as described in OAR 660-013-0100; for example, emergency medical flight services; law enforcement and firefighting activities; search and rescue operations; flight instruction and ground training; aircraft maintenance, refueling, rental, service and sales; aeronautic skills training; aeronautic recreational and sporting activities; construction and maintenance of airport facilities; crop dusting activities; agricultural and forestry activities; and activities, facilities and accessory structures provided and accessory to any of the foregoing uses and activities.

ALLEY. A street or right-of-way which affords only a secondary means of access to property, primarily to the back or side of properties otherwise abutting on a street.

ALTERATION. A change in construction or a change in occupancy. Where the term ALTERATION is applied to a change in construction, it is intended to apply to any change, addition or modification. Where the term is used in connection with a change in occupancy, it is intended to apply to changes in occupancy from one use to another.

ALTERATION, STRUCTURAL. A change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams or girders. A change in the external dimensions of a building shall also be considered a structural alteration.

ARENA, INDOOR/OUTDOOR. A facility intended to support spectator sporting events in an enclosed or open air facility.

AUTO DETAILING. A use designed for cleaning the inside and outside of autos, not including automated car wash.

AUTO REPAIR. Major automotive repairs that are not performed at an automotive service station.

AUTOMOBILE SERVICE STATION. A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles; this may include petroleum products, tires, batteries, automotive accessories and replacement parts and items, washing and lubrication services, the performance of minor automotive maintenance and repair and the supplying of other incidental customer services and products.

AUTOMOBILE AND/OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new and/or used automobiles or trailers, and where no repair work is done except minor incidental repair of units to be displayed, sold or rented on the premises.

AUTOMOBILE WRECKING YARD. A premises used for the storage and/or sale of used automobile or truck parts, and/or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof.

BASEMENT. A story partly underground. A basement shall be counted as a story in building height measurement when the floor level directly above is more than six feet above the average level of the adjoining ground.

BED AND BREAKFAST FACILITY. Any establishment located in a structure designed for a single-family residence, where the owner of the establishment resides in the structure, which has more than two rooms for rent on a daily basis to the public; offers a breakfast meal as a part of the cost of the room; and serves one breakfast meal a day to guests, staff and owners only. BREAKFAST MEAL is the meal served to guests during the a.m. or morning hours each day (OAR 333-17).

BOARDING OR ROOMING HOUSE. A building or portion thereof, other than a motel, restaurant or hotel, where meals or lodging or both are provided for compensation for more than five but not more than ten persons.

BUILDABLE AREA. The portion of a property that can be used to construct a building. BUILDABLE AREA is the area excluding yard setbacks, easements, and other legal or physical prohibitions to construction.

BUILDING CODE. Current codes adopted by the State of Oregon Building Codes Division.

BUILDING FOOTPRINT. The area of a building as measured around its foundation or the perimeter of the first story exterior walls or support structures.

BUILDING OFFICIAL. That person or official who is responsible for the enforcement of the building codes, ordinances and regulations within the city and within the unincorporated area of the City’s Urban Growth Boundary (UGB) area.

CALENDAR YEAR. A period of 12 months from January through December.

CANOPY. A permanent roofed structure which may be freestanding or partially attached to a building for the purpose of providing shelter to patrons in automobiles, and patrons on foot, but shall not mean a completely enclosed structure.

CARPORT. A stationary structure consisting of a roof with its supports and not more than two walls, built to match the existing dwelling in color and architecture and used for sheltering motor vehicles, recreational vehicles or boats.

CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes.

CHILD CARE CENTER (COMMERCIAL). Any registered child care facility which is not a child care home.

CHILD CARE HOME (RESIDENTIAL). Any registered child care facility or certified group child care home where child care is offered in the home of the provider to fewer than 13 children, including children of the provider, regardless of full-time or part-time status. (ORS Chapter 657A)

CLINIC. A place where professional services are provided, including, but not limited to, medical, dental, chiropractic, counseling, optometry and other medical and social type services, and including single and/or multiple offices.

CLINIC, ANIMAL. A business establishment in which veterinary services are rendered for domestic pets and/or livestock on an outpatient basis. The facilities may be further classified as "small animal" (those limited to domestic pets), or "large animal" (those limited to domestic livestock).

COMMERCIAL RECREATION. A private facility or structure intended for recreational purpose.

(1) INDOOR. A room or rooms within an enclosed building including uses ranging from skating rinks and bowling alleys to pool halls and arcades.

(2) OUTDOOR. A facility or structure not enclosed by a building including uses such as batting cages, bumper cars, mini golf, tennis courts and basketball courts.

COMMON WALL. A structural portion of a building dividing two structures that is shared by the occupants of each.

COMMUNITY SEWAGE SYSTEM. A sewage disposal system, which serves more than ten single residences or other users for the purpose of disposing of household liquid wastes, but is neither a municipal nor a public utility sewage disposal system, and must be approved by the appropriate government agency and must have legal financial provisions for long-term operation and maintenance.

COMMUNITY WATER SYSTEM. A domestic water supply source or distribution system which serves more than three single residences or other users for the purpose of supplying water for household uses, but is neither a municipal water supply system nor a public utility water supply system, and must have legal financial provisions for long-term operation and maintenance.

CONDOMINIUM. A multiple-family dwelling, duplex or single unit in which the dwelling units are individually owned, with each owner having a recordable deed enabling the unit to be sold, mortgaged or exchanged independently, under the provisions of applicable ORSs.

CONTIGUOUS or CONTIGUOUS LAND. Two or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under separate ownership, including limited access right-of-way which would deny access between the two parcels under single ownership, or parcels of land under a single ownership which are not separated by a river, public road, street or other public right-of-way.

COTTAGE INDUSTRY. See HOME OCCUPATION.

CUSTOM SLAUGHTERING or SLAUGHTER HOUSE. A mobile or stationary establishment wherein meat animals, caused to be delivered by the owners thereof, are slaughtered for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner. (ORS 603.010(2)).

DATA CENTER. Data storage and processing facilities, electronic products - manufacture, storage and assembly, together with all related and supporting uses and facilities.

DAY CARE. See CHILD CARE.

DENSITY, NET. The number of dwelling units per unit of land expressed as the number of square feet of land per dwelling unit. Minimum lot areas by dwelling type are listed in the residential dimensional tables by zone. The net density for a land division creating any lot or parcel is computed by dividing the net square footage of the lot or parcel by the minimum lot area required for a single-family dwelling in its specific zone. The net square footage is determined by subtracting from the total square footage of the lot or parcel that which is deemed necessary for street dedication and that area used for private streets and common driveways, if any.

DEVELOPER. Any person, corporation, partnership or other legal entity that creates or proposes to create a land development, subdivision, partitioning or other development including residential, commercial or industrial developments.

DEVELOPMENT. Means all human caused change to improved or unimproved real estate including but not limited to: buildings, fences, decks, placement or replacement of manufactured or other structures, subdividing or partitioning property, parking and loading areas, landscaping, roadways, paved or graveled areas, grading, excavation or drilling operations and areas devoted to storage of equipment and materials.

DIKE. A structure designed and built to prevent inundation of a parcel of land by water.

DWELLING. As follows:

(1) ACCESSORY DWELLING UNIT (ADU). A secondary dwelling unit, including manufactured homes but excluding recreational vehicles (RVs), that shall only be used in conjunction with and subordinate to a single-family dwelling on the same lot or parcel (see § 153.080). Accessory dwellings shall meet the dimensional and other requirements of the zoning district in which they are located. See ACCESSORY STRUCTURE for structures not meeting the dwelling unit definition.

(2) SINGLE-FAMILY DWELLING. One dwelling unit on a single lot or parcel designed for occupancy by one family or household only.

(3) DUPLEX. Two dwelling units on a single lot or parcel attached by a common wall and designed for occupancy by two families or households living independently of each other where neither can be defined as a guesthouse or accessory dwelling. Site-built units constructed with similar materials and detailing as determined by the reviewing authority may be allowed without a common wall and still classify as a duplex.

(4) MULTIFAMILY DWELLING. Three or four dwelling units on a single lot or parcel attached by a common wall and designed for occupancy by three or four families or households living independently of each other (triplex or fourplex). Multifamily dwellings built on adjacent lots or parcels as a single development shall be considered a multifamily complex. Site-built units constructed with similar materials and detailing as determined by the reviewing authority may be allowed without a common wall and still classify as a triplex or fourplex.

(5) MULTIFAMILY COMPLEX. Five or more dwelling units on a single lot or parcel.

(6) TOWNHOME (HOUSE). A single-family dwelling with a private entrance, which is part of a structure whose dwelling units are attached by a common wall at the lot line and having a totally exposed front and rear wall to be used for access, light and ventilation. Also referred to as single-family attached housing or row homes.

(7) TOWNHOME MULTIPLEX. The same as a townhome, but allows multiple dwellings on the same lot, typically stacked vertically.

DWELLING UNIT. A structure, or portion thereof, consisting of one or more rooms, including a bathroom and living, eating, sleeping and kitchen facilities, which are arranged, designed or used as living quarters for one family or household.

EASEMENT. A grant of the right to use a parcel of land, or portion thereof, for specific purposes where ownership of the land or portion thereof is not transferred.

FAMILY or HOUSEHOLD. An individual or two or more persons related by blood, marriage, legal adoption or guardianship, living together as one housekeeping unit in a dwelling unit using one kitchen, and providing meals, board and/or lodging to not more than three unrelated persons, living together as one housekeeping unit using one kitchen, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living in a dwelling unit.

FAMILY DAY CARE CENTER. See CHILD CARE HOME (RESIDENTIAL).

FARMING or FARM USE. As defined by ORS 215.203(2)(a), to include the use of land for the purpose of raising, harvesting or selling crops, for the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals, honeybees or dairying and the sale of dairy products, or for any other agricultural or horticultural use, animal husbandry, timber propagation or harvest, or any combination thereof, including the preparation, processing and storage of products raised on the land, but not including the construction or use of dwellings and other buildings customarily provided in conjunction therewith.

FENCE. A protective or confining barrier constructed of wood, plastic, masonry or wire mesh. FENCE does not include hedges or other plantings.

FENCE, SIGHT-OBSCURING. A fence constructed, arranged and maintained in a manner as to obscure vision.

FRONTAGE. All property fronting on one side of a street and measured along the street line, between intersecting and intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, alley, city or district boundary.

GARAGE, PRIVATE. 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, REPAIR. A building used for the care and repair of motor vehicles, including major and minor work such as body and fender work or engine and transmission overhaul, and incidental storage or parking of vehicles.

GRADE. The average level of the finished surfaces of the ground adjacent to the exterior of a building.

(1) EXISTING GRADE. The surface of the ground or infrastructure at a stated location as it exists prior to disturbance in preparation for a project or as officially established by city authority.

(2) FINISHED GRADE. The final elevation of the ground surface after manmade alterations, such as grading, grubbing, filling, or excavating, have been made on the ground surface.

(3) GROUND LEVEL GRADE. The average of the finished ground elevation along the perimeter walls of a building. In case walls are parallel to and within five feet of a sidewalk, alley or other public way, the above-ground level should be measured at the elevation of the sidewalk, alley or public way.

(4) NATURAL GRADE. The existing grade or elevation of the ground surface that exists or existed prior to manmade alterations, such as grading, grubbing, filling, or excavating.

(5) ENGINEERED GRADING. Any filling of land that is intended to provide support for structures and/or infrastructure.

GRADING. Any leveling, stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition to create new grades.

GUEST HOUSE. See ACCESSORY DWELLING.

HABITABLE FLOOR AREA. Any floor area usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor area used only for storage purposes is not a HABITABLE FLOOR AREA.

HEIGHT OF BUILDING. With natural grade of up to and including 10%, HEIGHT OF BUILDING is the vertical distance measured between the elevation of the curb or street serving the property, and the highest point of the roof including mechanical equipment such as HVAC systems. For sites having a natural grade greater than 10%, HEIGHT OF BUILDING is measured from the average finished grade to the highest point of the roof including mechanical equipment such as HVAC systems. Introduced fill or excessive grading beyond that which is necessary shall not be used to circumvent this standard by artificially elevating a structure above the height limit.

Natural Grade 10% or Less.

Height determined by measurement from the curb or street.

Natural Grade greater than 10%.

Height determined by the average of Heights 1 and 2.

HISTORICAL, GEOLOGICAL AND ARCHAEOLOGICAL BUILDINGS AND SITES. Land, buildings and/or other natural or manmade features which have a special historical, geological or archaeological interest, represent one or more periods of time in the history of the city and adjoining areas, and have at least local significance.

HOME OCCUPATION. A small business activity which may involve the provision of services or manufacture and sale of products, carried on by a resident or resident family living on the premises as an accessory use within the same dwelling, or in an accessory building on the same property, that is not detrimental to the overall character of the neighborhood.

HOSPITAL. An establishment, publicly or privately operated, which provides sleeping and eating facilities to two or more nonrelated persons receiving medical, obstetrical or surgical care, and other healing, curing and/or nursing services over a period exceeding 24 hours.

HOTEL or MOTEL (TRAVELERS’ ACCOMMODATIONS). A building or portion thereof, designed and/or used for occupancy of transient individuals who are lodged with or without meals. (ORS 446.310)

INDOOR COMMERCIAL RECREATION. A room or rooms within an enclosed building which is designated and used for recreational purposes by the general public.

INTEREST. Includes a lot or parcel, and a share, undivided interest or membership which includes the right to occupy the land overnight, and lessee’s interest in land for more than three years or less than three years of the interest may be renewed under the terms of the lease for a total period more than three years. Does not include any interest in a condominium or any security interest under a land sales contract, trust deed or mortgage, and does not include divisions of land created by lien foreclosure or foreclosures of recorded contracts for the sale of real property.

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 appliances, or motor vehicle parts, iron, steel or other old or scrap ferrous, or nonferrous material, metal or nonmetal materials. (ORS 377.605(5))

JUNK OR WRECKING YARD. Any property or establishment where a person(s) is engaged in breaking up, dismantling, sorting, storing, distributing, buying or selling scrap or waste materials, or 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, garbage dumps and scrap metal processing facilities. (ORS 377.605(6))

KENNEL. A lot, building or premises in or on which four or more dogs, cats or other animals at least four months of age are kept commercially for board, propagation, training or sale.

LANDSCAPING. The total ground area of a lot not covered by permanent structures, except areas which may be covered by projections from buildings, that include a combination of any of the following materials: living plant material such as trees, shrubs, ground cover, flowers and lawn, including native vegetation; and nonliving materials such as benches, walkways and courtyards, consisting of brick, decorative rock or other decorative materials. Does not include areas surfaced solely for the purpose of off-street parking and loading.

LIVESTOCK. Domestic animals of types customarily raised or kept on farms for profit or other purposes, and include horses, mules, asses, cattle, sheep, swine, goats, llamas and poultry, including turkeys, of any age or sex. (ORS 599.205) Does not include exotic animals as defined by ORS 609.305; for example, any lion, tiger, leopard, cheetah, ocelot or any other cat not indigenous to Oregon, except the species Felis catus (domestic cat); any monkey, ape, gorilla or other nonhuman primate; any wolf or any canine not indigenous to Oregon, except the species Canis familiaris (domestic dog); and any bear, except the black bear.

LIVESTOCK AUCTION MARKET or SALES YARD. Any place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis, but specifically does not include breed or livestock associations operating subject to and in compliance with the provisions of the Oregon Nonprofit Corporation Law (ORS 61.005 to 61.215), FFA and 4H groups, auction sales conducted in conjunction with the County Fair or other fairgrounds approved events or private fairs or auctions by or for a person on the premises of the person. (ORS 599.205(6))

LIVESTOCK FEEDING YARD. An enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for marketing.

LOADING SPACE. An off-street space within a building or on the same lot with a building, for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials, and which space has direct access to a street or alley.

LOT. A single unit of land that is created by a subdivision of land. (O.R.S. 92.010). The term LOT within this code and all referenced codes and regulations shall always refer to the definition of a lot of record based on the context of the property being discussed.

(1) CORNER LOT. A lot abutting on two or more streets, other than alleys, at their intersection; provided the angle of intersection of the abutting streets does not exceed 135 degrees.

(2) DOUBLE FRONTAGE LOT. A lot having frontage on two parallel or approximately parallel streets other than alleys.

(3) DUPLEX LOT. A lot containing one dwelling unit of a duplex dwelling structure.

(4) FLAG LOT. A lot shall be considered a FLAG LOT if the pole of the flag has a continuous width of at least 20 feet up to but not including 50 feet of street frontage.

(5) INTERIOR LOT. A lot other than a corner lot.

(6) IRREGULAR LOT. A lot of such a shape or configuration that technically meets the area, frontage and width requirements of these standards but does so by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

(7) NONCONFORMING LOT. A lot that lawfully existed prior to the enactment of the requirements of these standards, but does not meet the minimum lot size or street frontage requirements.

(8) TOWNHOME LOT. Refers to lots created under § 153.084(C) or through a cluster development subdivision under § 153.094.

LOT AREA. The total horizontal net area within the lot lines of a lot to mean that square footage of a lot that is free from public and private road rights-of-way.

LOT CONSOLIDATION. The consolidation of lot lines resulting in fewer lots.

LOT COVERAGE. The percentage of the total lot area covered by the footprint of a building or buildings, including covered parking areas; but excluding covered patios, porches and decks that are not enclosed and have no living space above them. For the purposes of this definition, ENCLOSED shall mean anything other than typical roof supports and common railing.

LOT DEPTH. The average horizontal distance between the front and rear lot lines.

LOT LINE. The property line bounding a lot.

(1) FRONT LOT LINE. The lot line separating a lot from a street other than an alley, and in the case of a corner lot, the shortest lot line. In the case of a flag lot, the line that is part of the flag nearest the street.

(2) REAR LOT LINE. The lot line which is opposite and most distant from the front lot line.

(3) SIDE LOT LINE. Any lot line other than a front or rear lot line bounding a lot. The left and right sides shall be determined by facing the front lot line.

(4) IRREGULAR OR ODD SHAPED. The front lot line will first be determined by the reviewing authority based on location, orientation and shape to establish the side and rear lot lines.

LOT OF RECORD. Any unit of land created as follows:

(1) A lot in an existing, duly recorded subdivision;

(2) A parcel in an existing, duly recorded major or minor land partition;

(3) An existing unit of land (tract) for which a survey has been duly filed which conformed to all applicable regulations at the time of filing; or

(4) Any unit of land created by deed description or metes and bounds; provided, however, contiguous units of land created by deed description or metes and bounds under the same ownership and not conforming to the minimum parcel size of these standards shall be considered one lot of record.

LOT WIDTH. The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

MAINTAIN. To allow to exist. (ORS 377.605(7))

MANUFACTURED DWELLING. Except as may be additionally defined for the purposes of this chapter, MANUFACTURED DWELLING means the following:

(1) 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.

(2) 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.

(3) MANUFACTURED HOME. A prefabricated or factory constructed dwelling constructed off site as a single unit or multiple sections for assembly as a permanent residential 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, state or local manufactured housing construction and safety standards and regulations in effect at the time of construction. (O.R.S. 446.003(26)(a))

(4) Does not mean any building or structure subject to structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer.

(5) For the purposes of this chapter, it shall be immaterial whether the units or components thereof are placed upon property for a temporary, semi-permanent or permanent residence, or that the wheels are removed and the unit or component(s) are supported upon footings or a foundation.

(6) This definition does not include travel trailers, camping trailers, motorized homes or campers, pickup coaches or other recreational type vehicles.

MANUFACTURED DWELLING PARK. Any place where four or more manufactured dwellings 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 to be paid for rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of the person(s). MANUFACTURED DWELLING PARK does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved as a subdivision permitting manufactured dwellings at the time of platting and approved by the city pursuant to provisions adopted pursuant to O.R.S. 92.010 to 92.190, or if an amendment to the approval of the subdivision for manufactured dwelling use is subsequently granted by the city.

MANUFACTURED DWELLING SUBDIVISION. A subdivision intended to be occupied primarily or exclusively by manufactured dwellings and so approved at the time of platting.

MANUFACTURING.

(1) COMMERCIAL. Light assembly as a support use to the primary commercial use (i.e., furniture assembly, electronic repair/assembly).

(2) LIGHT INDUSTRIAL. Fully enclosed; manufacturing of items permitted in the respective zone; does not use chemicals or materials which may be toxic or otherwise detectable visually or by odor from neighboring properties.

(3) HEAVY INDUSTRIAL. Industrially related manufacturing; typified by the use of larger machinery or chemicals; not generally associated with commercial sales other than as a secondary use to the primary industrial use.

MODULAR OR PREFABRICATED HOME. A dwelling unit constructed of multiple sections or components for assembly on site, on a permanent foundation as a permanent residential structure, and when completed is essentially indistinguishable from a conventional site built home and conforms to the local building code and the current edition of the State of Oregon One and Two Family Dwelling Code.

MOTEL. A building, or group of buildings, on the same lot or parcel containing motel rental units for rental to transients and consisting of individual sleeping quarters with or without cooking facilities which are designed, intended or used primarily for the accommodation of transients and travelers, and shall include hotels and inns.

MUNICIPAL WATER SYSTEM. A domestic water supply source and distribution system owned and operated by a city or a county; or owned and operated by a special district or other public corporation which has independent tax-levying powers to support the system and which supplies water to a total of 1,000 or more households.

MUSEUM. Includes any collection of archaeological specimens, artifacts, pioneer relics, articles, documents and other things of historical, scientific or artistic import that are assembled, displayed, preserved and protected for the benefit of the public, for educational and scientific purposes or to commemorate the occupation and development of the area or the Pacific Northwest region, and the structure or structures housing the collection(s). (ORS 358.310(2))

NATURAL AREA. Includes land and water that has substantially retained its natural character and land and water that, although altered in character, is important as habitats for plant, animal or marine life, for the study of its natural, historical, scientific or paleontological features, or for the appreciation of its natural features, and is so designated by the Comprehensive Plan either by Plan policy or Map designation.

NATURAL HAZARD AREA. An area that is subject to natural events that are known to result in death or endanger the works of man, such as stream flooding, ground water, flash flooding, erosion and deposition, landslides, earthquakes, weak foundation soils and other hazards unique to a local or regional area, and are so designated or identified by Plan policies or Map designations.

NATURAL RESOURCES. Air, land and water and the elements thereof which are valued for their existing and potential usefulness to man.

NEW CONSTRUCTION. Any structure for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

NONCONFORMING USE OR STRUCTURE. A lawful existing use or structure at the time the ordinance codified in this chapter or any amendments hereto become effective which does not conform to the requirements of this chapter as amended or to the zone in which it is located.

NURSING OR CONVALESCENT HOME. Any home, institution or other structure maintained or operating for the nursing and care of four or more ill or infirm adults not requiring hospitalization.

OFFICE. A room, suite of rooms, or portion of a building used for the practice of a profession or for conducting the affairs of a business.

OPEN SPACE. Consists of lands used for agricultural or forest uses, and any land area that would if preserved and continued in its present use conserve and enhance natural or scenic resources; protect air or streams or water supply and promote conservation of soils, wetlands or marshes. It also consists of landscaped areas such as parks, open recreation areas, golf courses and similar areas that reduce pollution and enhance the value of abutting or neighboring property; enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations or other open space; enhance recreation opportunities; preserve historic, geological and archaeological sites; promote orderly urban development; minimize land use conflicts; and maintain quality living conditions.

OUTDOOR MERCHANDISING. The sale or display for sale of merchandise outside of an enclosed building space; including sales which are transacted through an open window or door; does not include incidental, infrequent garage, patio or yard sales.

OWNER. The owner of the title to real property or the authorized agent thereof, or the contract purchaser of real property of record as shown on the last available complete county tax assessment roll, County Clerk’s records and/or City Recorder’s records.

PARCEL. Means a single unit of land that is created by a partition of land.

PARK MODEL. A park model is a small, single-wide dwelling that resembles a manufactured home but is classified as a recreational vehicle and built to recreational vehicle standards. Due to the designation as a recreational vehicle, a park model is limited in size and not intended for use as a permanent residence. Park models are designed for placement in manufactured home parks, RV parks or campgrounds.

PARKING AREA, PRIVATE OR PUBLIC. Privately or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated or otherwise identified; in the case of a private parking area for use by the tenants, employees or owners of the property for which the parking area is required by this chapter and not open space for use by the general public; and, in the case of a public parking area, for use by the general public, either free or for remuneration, and may include parking lots which may be required by this chapter for retail customers, patrons and clients.

PARKING SPACE. A clear, off-street area for the temporary parking or storage of one automobile, having an all-weather surface and a width of not less than eight and one-half feet when within a building or structure; with an area of not less than 190 square feet in area; deviations are allowed when in compliance with applicable provisions set forth in § 153.080 et seq. Parking spaces shall have easy access to a street or alley by a driveway having an all-weather surface.

PERSON. Every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.

PLANNED UNIT DEVELOPMENT or PLANNED COMMUNITY. The development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not necessarily correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the standard regulations otherwise required by this chapter. A PLANNED COMMUNITY means any subdivision which results in a pattern of ownership of real property and all the buildings, improvements and rights located on or belonging to the real property in which there is a homeowners association responsible for the maintenance, operation, insurance and taxes, relating to any common property of the planned community and/or for the exterior maintenance of any property that is individually owned; and owners of individual lots, by virtue of their ownership, automatically are members of the homeowners association and assume liability for membership fees. (ORS 94.550)

PLAT. A final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

PRIMARY, PRINCIPAL OR MAIN USE. The first use to which property is or may be devoted, and that use to which all other uses on the premises are derived as accessory or secondary uses. As used relative to dwelling units, the primary dwelling shall be the first dwelling unit to be located on a specific lot or parcel.

PRINTING and PUBLISHING, RETAIL. Service commercial use providing printing services available to the general public.

PRINTING, WHOLESALE. Printing intended to serve retail or other wholesale uses rather than the general public.

PROJECTION, ARCHITECTURAL. Features such as cornices, eaves, sunshades, gutters, chimneys, flues, steps, terraces, platforms, patios, decks and porches having no roof covering.

PUBLIC FACILITIES OR SERVICES. A facility or service including irrigation provided by a public, governmental or nonprofit organization or district.

PUBLIC NEED. An identifiable and measurable public benefit which accrues to the community as a whole.

PUBLIC OR SEMI-PUBLIC USE. A use owned and operated by a public, governmental or nonprofit organization for the benefit of the public in general. This does not include landfill sites, solid waste disposal sites, garbage dumps, recycling facilities, quarry sites or utility facilities.

PUBLIC UTILITY WATER SYSTEM. A domestic water supply source and distribution system supplying water for household uses, owned and operated by a person subject to regulation by the Public Utility Commissioner of Oregon and supplying water to a total of 500 or more households.

PUBLIC WATER SYSTEM. A water system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly serves at least 25 individuals.

RECREATION CAMP, RESORT or PARK. An area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis, basketball and volleyball courts, sports fields, playgrounds, picnicking areas and other similar uses, whether the use of the area is limited to private membership or whether open to the public upon payment of a fee, or an area designated by the landowner for picnicking or overnight camping and offered to the general public, whether or not a fee or charge is made for the accommodations.

RECREATION FACILITY (PUBLIC). Indoor and/or outdoor structures built for public recreation such as aquatic centers, basketball courts, tennis courts, mini-golf and skate parks.

RECREATION VEHICLE. Boats, ATVs and vacation trailers or other units with or without motive power, which are designed for human occupancy and intended to be used temporarily for recreation, vacation, seasonal or emergency purposes, but not for residential purposes, includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any other vehicle converted for use as a recreational vehicle. (ORS 446.003(36))

RECREATION VEHICLE PARK, RECREATION PARK or CAMPGROUND. Any area designated by the person or party establishing, operating, managing or maintaining the same for picnicking or overnight camping by the general public or any segment of the public. Includes, but is not limited to, areas open to use free of charge or through payment of a tax or fee, or by virtue of rental, lease, license, membership, association or common ownership, and further includes, but is not limited to, those areas divided into two or more lots, parcels, units, spaces or other interests or designations for purposes of the use. Includes the facilities and spaces for tents, tent vehicles, camping vehicles or recreation vehicles of any type.

RESIDENTIAL CARE. Services such as supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board.

RESIDENTIAL CARE FACILITY. A residential care, residential training or residential treatment facility licensed or registered by or under the authority of the Department of Land Conservation and Development, as defined in ORS 443.400, under ORS 443.400 to 443.460 or licensed by the State Office for Services to Children and Families, under ORS 418.205 to 418.327 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six or more individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. (ORS 197.660). Does not include a residential school, state or local correctional facilities, a nursing home, a hospital, a place primarily engaged in recreational activities, a foster home, a place providing care and treatment on less than a 24-hour basis, or a child-caring agency or residential school or other organization certified or licensed by the Children’s Services Division under ORS 418.205 to 418.327.

RESIDENTIAL CARE HOME. A residential treatment or training or an adult foster home, licensed by or under the authority of the State Mental Health and Development Disability Services Division or the Senior and Disabled Services Division or the office of Alcohol and Drug Abuse Programs, as appropriate, 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 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. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. (ORS 197.660).

RESIDENTIAL USE. A structure or use for occupancy as a human dwelling or lodging place such as single-family, two-family and multifamily dwellings; duplexes; apartments; boarding, lodging or rooming houses; mobile homes and mobile home parks; and labor camps.

RESOURCE CAPABILITY OR CAPACITY. A use or activity that is consistent with the resource capabilities or capacities of the area when either the impacts of the use on wildlife species and habitats, riparian habitats, waterways, wetlands, biological productivity and water quality are not significant, or that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner which conserves long-term renewable resources, natural biological productivity, recreation and aesthetic values.

RESTAURANT. Any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants as defined in subsection (2) of this definition.

(1) LIMITED SERVICE RESTAURANT. A restaurant serving only pre-wrapped sandwiches or a single dish or food product and nonperishable beverages.

(2) TEMPORARY RESTAURANT. Any establishment operating temporarily in connection with any fair, carnival, circus or similar public gathering or entertainment, food product promotion or any other event where food is prepared or served for consumption by the public. TEMPORARY RESTAURANT does not include the following:

(a) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests;

(b) An approved school lunchroom where food is prepared and served for school and community activities, where the preparation and service are under the direction of the school lunchroom supervisor; and

(c) A food product promotion where only samples of a food or foods are offered to demonstrate the characteristics of the food product (for the purposes of this subsection, a "sample" shall not include a meal, an individual hot dish or a whole sandwich).

RESTORATION. Revitalizing, returning or replacing original attributes and amenities, such as natural biological productivity, aesthetic and cultural resources, that have been diminished or lost by past alterations, activities or catastrophic events.

RETIREMENT CENTER. A building or group of buildings containing separate dwelling units designed for and occupied principally (at least one occupant of each dwelling unit) by persons over the age of 60 years; excluding convalescent and nursing care as a function of the center.

RIGHT-OF-WAY. That area between the boundary lines of a street, road or other easement.

RIPARIAN. Of, or pertaining to, or situated on the edge of the bank of a river, stream or other body of water (Webster). As defined by ORS 308.792 (regarding lands eligible for special tax assessments), DESIGNATED RIPARIAN LAND means the beds of streams, the adjacent vegetation communities and the land thereunder, which are predominantly influenced by their association with water, not to extend more than 100 feet landward of the line of nonaquatic vegetation; however, only the lands zoned as forest or agricultural lands outside of Urban Growth Boundaries (UGBs) shall qualify for special tax assessment. (ORS 308.795(2)(a))

ROAD or STREET. A 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, excluding a private way that is created to provide ingress or egress to the land in conjunction with the use of the land for forestry, mining or agricultural purposes. (ORS 92.010(13))

(1) ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties abutting on another street.

(2) ARTERIAL. A street, referring to “major” and “minor” classifications unless specifically stated, of considerable continuity which is primarily a traffic artery for transportation among large areas, and so designated by the Transportation Systems Plan as may be amended.

(3) BICYCLE ROUTE. A right-of-way for bicycle traffic.

(4) COLLECTOR. A street, referring to “major” and “minor” classifications unless specifically stated, supplementary to the arterial street system and a means of transportation between this system and small areas; used to some extent for through traffic and to some extent for access to abutting properties and so designated by the Transportation Systems Plan as may be amended.

(5) CUL-DE-SAC. A short street having only one end open to traffic and being terminated by a vehicle turnaround.

(6) HALF STREET. A portion of the width of a street usually along the edge of a subdivision, where the remaining portion of the street could or is planned to be provided for in another subdivision adjacent thereto.

(7) LOCAL STREET. A street intended primarily for access to abutting properties.

(8) MARGINAL ACCESS STREET. A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.

(9) STUBBED STREET. A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or development on adjacent lands.

(10) ROADWAY. That portion of a street or road right-of-way developed for vehicular traffic.

ROOF LINE. The line which marks the highest point of the vertical front of a building in the case of a false front, or the line where the roof is joined to the vertical front wall of the building in other cases.

SCALE. The relationship in size between one building or use and another.

SCENIC AREA OR RESOURCE. Land or other natural features that are valued for their scenic and aesthetic values and appearance, and are designated as a scenic resource by the Comprehensive Plan.

SCHOOL. Includes kindergarten, primary, elementary, junior or high school and college. Includes public, private or parochial schools of all grade levels, including higher and vocational education and training, but not a nursery or day nursery school.

SECONDHAND STORE. Retail use that vends secondhand (used) items including clothing and furniture as the primary use. The selling of secondhand items as a secondary use in the same store with no community drop off area is not considered a secondhand store, see PRIMARY USE.

SETBACK (YARD). An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this chapter.

(1) FRONT SETBACK. A setback 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 a building.

(2) REAR SETBACK. A yard 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 a building.

(3) SIDE SETBACK. A setback between the front and rear yards measured horizontally at right angles from the side lot line to the nearest point of a building.

(4) STREET SIDE. A setback adjacent to a street between the front setback and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.

SIGN. An identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution, business or service, excluding house numbers. Each display surface of a sign other than two surfaces parallel and back to back on the same structure shall be considered a sign.

SIGN, ADVERTISING. A sign which directs attention to a business, product, activity or service which is not necessarily conducted, sold or offered upon the premises where the sign is located.

SITE BUILT HOME. Also referred to as "stick built," a dwelling that is constructed entirely or largely on site (excludes engineered items like trusses) and is intended to be occupied at its location upon completion. This term is used to differentiate between manufactured or modular dwellings that are largely factory built. Site built homes conform to the local building code and current edition of the State of Oregon One and Two Family Dwelling Code.

STABLE, PRIVATE. A detached accessory building for the keeping of horses owned only by the occupants of the premises and which are not kept for remuneration or profit.

STABLE, PRIVATE COMMERCIAL. A private stable which is maintained by the property owner, lessee or renter, and which is available for the keeping of horses not owned solely by the occupants of the premises whether or not for remuneration or profit.

STABLE, PUBLIC. A stable other than a private stable that is maintained by a public, semi-public or nonprofit organization.

START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a manufactured dwelling) on a site, such as the pouring of slabs or footings or any work beyond the initial site preparation, such as clearing, grading and filling; also does not include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; also does not include the installation on the property of accessory buildings such as garages, sheds or similar buildings or structures not occupied as dwelling units or not a part of the main structure. For a structure (other than a manufactured dwelling) without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured dwellings not within a manufactured dwelling subdivision or manufactured dwelling/mobile home park, the START OF CONSTRUCTION means the date on which construction of facilities for servicing the site on which the manufactured dwelling is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

STORY. That portion of a building included between a floor and the ceiling above it which is six feet or more above the grade.

STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of the story.

STRUCTURE. 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 ground location.

SUBDIVIDED LAND or SUBDIVISION. Improved or unimproved land or lands divided, or created into interests or sold under an agreement to be subsequently divided or created, immediate or future, into 11 or more undivided interests or four or more lots, parcels or other interests within a calendar year when the area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of the year. Does not include the sale of a lot in a recorded subdivision or an approved partition even though the seller may have owned other contiguous lots or property prior to the sale; the lot or lots, however, must be sold as platted and recorded.

TIMESHARE CONDOMINIUM or TIMESHARE ESTATE. A condominium and/or other development in which units are individually owned by a family or group of persons for a variable amount of time during the year, and in which part or all of the units may be available to transients or travelers for rent or on an exchange basis. For the purposes of this chapter, a TIMESHARE CONDOMINIUM OR ESTATE unit shall be considered as a motel and/or subdivision, and shall also be subject to approval in accordance with ORS 94.803.

TOTALLY ENCLOSED. Surrounded by four solid walls and a solid roof.

TOWING/IMPOUND YARD. A lot or portion of a lot used for temporary storage of vehicles that have been towed by a licensed towing company. A towing/ impound yard shall not include any dismantling of vehicles or storage of vehicle parts (see WRECKING YARD). A towing/impound yard shall not include long term vehicle storage (over 60 days).

TRANSFER STATION. Shall be as defined pursuant to state law.

TRANSIENT MERCHANT, BUSINESS OR COMMERCIAL ENTERPRISE. A person, business or other enterprise that travels from place to place, either carrying their goods with them, selling and delivering at the same time, or not carrying goods but taking orders for future delivery, or purchasing goods for resale or processing off site. Includes those who occupy a temporary fixed location, selling and delivering from stock on hand, doing business in much the same manner as a permanent business does or might be expected to, with the principal difference being the temporary nature of the business location or type of activity.

TRAVELERS’ ACCOMMODATIONS. Any establishment having rooms or apartments rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities.

UNIQUE RESOURCE. Land or buildings which have a special character or aesthetic interest, irrespective of age, including the type or method of construction or artistic value, and are so designated by the Comprehensive Plan.

URBAN SERVICES. Sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit.

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

UTILITY FACILITY.

(1) MAJOR. Utility facilities and similar facilities owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company or other private company for the generation, transmission, distribution or processing of its products or for the disposal of hazardous cooling water, waste or byproducts, and including cellular towers, power transmission lines including their poles or towers, above ground pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills and other similar facilities.

(2) MINOR. Utility facilities and similar facilities of a smaller scale such as self-generating facilities that will not adversely impact surrounding properties, including solar arrays, wind turbines and fuel cells within height limits, well houses, booster pump stations, disposal of nonhazardous cooling water, small communication towers within local height limit, utility equipment buildings and other similar facilities.

(3) EXEMPT. Utility facilities and similar facilities not considered to be a minor facility due to scale and impact to surrounding properties as determined by the Planning Director such as: streets approved in a master plan, any utility placed underground or on existing above ground poles, site specific power generation such as roof mounted solar panels not exceeding height limit or small ground mounted power generating facilities and other similar facilities.

UTILITY TOWERS. Facilities that cannot be defined as a minor utility facility and generally exceed the height limit of the zone, such as communication towers or power line towers.

VENDOR SITE (COURT). A property or portion thereof being so designated and/or developed with the intent of permanently placing and facilitating the operation of one or more vendors on a regular and continual basis.

VISIBLE. Capable of being seen without visual aid by a person of normal visual acuity.

VISION CLEARANCE AREA. A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in this chapter. The third side of the triangle is a line across the corner of the lot joining 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.

WETLANDS. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (ORS 197.015.21)

WHOLESALE DISTRIBUTION. An establishment engaged in the bulk sales or storage of goods with distribution and storage facilities without direct public access. Includes "contractor supplies."

WHOLESALE RETAIL. An establishment engaged in the bulk sales of goods with direct public access.

WRECKING YARD. A lot or portion of a lot used for dismantling of vehicles and storage of vehicles, vehicle parts, fluids removed from vehicles and other related activities.

(Ord. 1180, passed 6-14-11; Am. Ord. 1186, passed 12-13-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1262, passed 12-8-20)

A lot or parcel may only be used and a structure, or part of a structure, may only be constructed, reconstructed, altered, occupied or used as permitted by this chapter or other applicable city ordinances. No dimensional requirement of these standards shall be violated after its terms become effective unless specifically provided for herein. No lot or parcel area, yard or other open space which is required by these standards for one use shall be used as the required area for another use.

(Ord. 1180, passed 6-14-11; Am. Ord. 1253, passed 8-27-19)

This chapter may be so cited, or may be cited as "this chapter" and shall have the same force and effect as any city ordinance, resolution or other regulation.

(Ord. 1180, passed 6-14-11)

This chapter does not repeal, abrogate or impair any existing easements, covenants, deed restrictions or permits such as preliminary subdivision plats and partitioning approvals, conditional use permits, nonconforming use permits, temporary use permits, special use permits, special exceptions or building permits issued or effective (and still valid) prior to the date of adoption of the ordinance codified in this chapter.

(Ord. 1180, passed 6-14-11)

Prior to the construction, alteration, reconstruction, expansion or change of use of any structure, lot or parcel for which a land use permit or other approval or license is required by this chapter or other applicable city ordinances, a permit, approval or license shall be obtained from the city.

(Ord. 1180, passed 6-14-11; Am. Ord. 1253, passed 8-27-19)

(A) Approval of any use or development proposal pursuant to the provisions of this chapter or other city ordinances shall require compliance with and consideration of all applicable city, county, state and federal rules and regulations.

(B) The compliance shall be evident prior to the final approval of any affected land use or development proposal; or compliance may be set forth as a condition of final approval.

(C) Specific city, county, state and federal rules and regulations that may affect a specific land use or development for which compliance therewith is required if applicable include but are not necessarily limited to the following:

(1) Air quality standards administered by the State Department of Environmental Quality (DEQ) and/or the Federal Environmental Protection Agency (EPA).

(2) Noise pollution standards administered by DEQ and/or EPA.

(3) Water quality standards administered by DEQ, State Water Resources Department (WRD) and/or EPA.

(4) Sewage disposal regulations administered by DEQ, County Environmental Health and/or EPA.

(5) Solid waste disposal regulations administered by DEQ and/or EPA, including those applicable to hazardous wastes.

(6) Uniform Building Code administered by the City-County Building Department and State Building Codes Agency.

(7) Surface and ground water withdrawals regulated by WRD.

(8) Scenic area rules administered by the State Highway Division (OSHD), state parks and/or other state or federal agencies.

(9) Access control and management regulations administered by OSHD and/or the County Road Department.

(10) Surface mining regulations administered by the State Department of Geology and Mineral Industries (DOGAMI), DEQ and other state or federal agencies.

(11) Wild and scenic river regulations administered by the State Parks and Recreation Department (OPRD), the U.S. Bureau of Land Management (BLM) or other state and federal agencies.

(12) Cut and fill, and wetland regulations administered by the Division of State Lands (DSL).

(13) Fish and wildlife habitat protection rules administered by the State Department of Fish and Wildlife (ODFW) and/or the U.S. Fish and Wildlife Department (USFW).

(14) Applicable city and/or county ordinances, resolutions, agreements, regulating master plans or other land use decisions.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1253, passed 8-27-19. Formerly 153.097)

An application for any use or activity requiring a permit or approval by any city land use document, ordinance or regulation shall be processed and reviewed in accordance with the standards and criteria effective at the time the application was submitted providing that the initial application was complete or completion was accomplished in a timely manner.

(Ord. 1180, passed 6-14-11)

Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other provisions of this chapter, or by any other city ordinance, resolution, regulation, policy or document, the provisions which are more restrictive shall govern.

(Ord. 1180, passed 6-14-11)

All applications or permit processes required by this chapter and other city planning ordinances, documents or regulations for a specific single land use development or use may be consolidated into a single permit processing procedure, including the public hearings, public notices and City and/or County Planning Commission(s) and/or City Council and/or County Court action requirements. For example, for a specific land use development proposal which may require a zone change (map or text amendment), a conditional use permit, a dimensional or area variance and a partitioning, all of these required permits and the respective hearing and notice requirements therefor may be consolidated into a single public hearing process, a single public notice and a single decision and order action record. Notice of the consolidated process option shall be given to the applicant, and upon request thereby, such a process shall be utilized.

(Ord. 1180, passed 6-14-11)

The City Council shall have the power and the duty to enforce the provisions of this chapter. The City Council may appoint city officials or other agents to issue zoning and other land development permits, process applications and fulfill other administrative functions required in the implementation of this chapter.

(Ord. 1180, passed 6-14-11)

In determining whether or not any application shall be approved or denied, it shall be determined that the following criteria are either met or can be met through compliance with specific conditions of approval:

(A) The proposal is compatible with the City Comprehensive Plan and applicable policies set forth thereby.

(B) The proposal is in compliance with the requirements set forth by the applicable primary zone, by any applicable combining or overlay zone, and other provisions set forth by this chapter that are determined applicable to the subject use.

(C) That, for a proposal requiring approvals or permits from other local, state and/or federal agencies, evidence of the approval or permit compliance is established or can be assured prior to final approval.

(D) The proposal is in compliance with specific standards, conditions and limitations set forth for the subject use in the applicable zone, this section and this chapter.

(E) That no approval be granted for any use which is or expected to be found to exceed resource or public facility carrying capacities.

(F) For any use which is found to require compliance with air, water, land, solid waste and/or noise pollution standards, that the compliance be a condition of approval and compliance therewith shall be a continuing condition.

(G) As applicable, a city business license shall be required, and if a requirement, the continual maintenance of the license shall be a continuing condition of approval and failure to maintain the compliance shall constitute grounds for permit revocation.

(H) Boats, trailers, travel trailers, pick-up campers, recreational vehicles, motor homes and similar recreational vehicles and equipment that is operational and licensed as required may be stored on a lot owned by the same person or family member, but shall not be used for permanent occupancy other than that permitted in §§ 153.095(D), (E) and (F).

(I) Requiring an emergency management and response plan approved by the Fire Marshal for projects larger than 20,000 square feet in residential, mixed use, industrial or commercial zones. The plan shall address the major concerns associated with the terrain, dry conditions and limited access. The plan shall verify that the district has the appropriate equipment, training and personnel to respond to fires. If the local fire department or district does not have adequate rescue capability, the applicant shall provide a plan for providing such in case of an emergency.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1229, passed 2-28-17)

(A) The Planning Director, designee or Planning Commission may authorize a use not specifically listed in the allowed uses of a zone if the use is of the same general type and impact as other uses permitted in the subject zone, unless the city finds the following:

(1) The proposed use is specifically permitted in another zone; or

(2) The proposed use is more similar to uses provided for in another zone; and

(3) That the permitting of the proposed use in the zone requested would be detrimental to the intent and purpose of the zone and this chapter in general. The city shall consider the following factors:

(a) Size, scale, configuration, bulk, and other characteristics of the requested use.

(b) Physical and operational similarity of the use to uses now allowed in the zone.

(c) Potential on-site and off-site impacts of allowing the use (traffic, noise, odors, etc.) as compared to uses now allowed in the zone.

(B) The application for and processing procedure for a similar use approval shall be as required by the use it is determined to be similar to.

(C) Similar changes of use that do not violate the nonconforming use criteria (§ 153.115) and are of equal or lessor impact with regard to water, sewer, traffic, noise, odor and other potential nuisance factors, as determined by the Planning Director and City Engineer, do not require a land use permit. Sign-off on a building permit or certificate of occupancy from the building department or a city license may be required. See § 153.135 for transferability of a conditional use.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1253, passed 8-27-19)

(A) Commercial and industrial development within the city limits requiring water and sewer service shall connect to the municipal water and sewer systems.

(B) Existing structures within the city limits shall connect to the municipal water and sewer services when made necessary by well and/or septic failure that is not recoverable and within the distance described by the state or the city’s sewer and water ordinances. A land division shall also require existing structures to connect when the size of a lot is reduced to a point where well and septic are not feasible or allowed by law.

(C) Approval of subdivisions and land partitions shall require municipal sewer and water service to and through each lot in accordance with the city’s standards and specifications unless specifically exempted in this chapter.

(D) Existing residences, replacement residences, or single-family dwelling or duplex construction on existing lots may use existing permitted wells and septic fields approved for the use. New wells and septic systems may be constructed on existing lots if services are not within the distance described by state or the city’s sewer and water ordinances.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14; Am. Ord. 1262, passed 12-8-20)

Repealed by Ord. 1253.

(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14. Formerly 153.138)

Statutory reference:

Application for permit or zone change, see ORS 227.175