A. Adult Business Uses. [Reserved]

B. Animal-Related Commercial Uses. [Reserved]

“Abutting” means adjoining with a common boundary line.

“Access” means the way or by which pedestrians and/or vehicles enter and leave property or a building.

“Accessory dwelling unit (ADU)” means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling.

Accessory Structure or Use. The terms “accessory structure” and “accessory use” shall mean a structure or a use that is incidental and subordinate to the main structure or use of the property and located on the same lot as that main structure or use. It is possible to have an accessory structure such as a garage or shed on a lot without the main structure when that main structure has been removed but the lot is still planned and zoned for that same or similar primary use.

Accessory Structure, Mobile Home. See “mobile home accessory building or structure.”

“Accessway” means the ingress and egress to a property or building; or an unobstructed way which provides vehicular and/or pedestrian access and circulation within a specific area, such as within a subdivision, shopping center, or a mobile home park.

“Adjacent” means near, close; for example, an industrial zone across the street or highway from a residential zone shall be considered “adjacent.”

“Adjoining” means the same as “abutting.”

“Adult business” means any business, including bookstores, theaters or other commercial establishments, relying on sexually explicit products or activities as a principal attraction to customers, or any massage parlor other than:

“Agricultural resource” (also known as “critical rural/agricultural lands” in Talent Ordinance No. 385) means prime agricultural lands adjacent to the urban growth boundary and urbanizable lands across the boundary, which must be protected from the effects of use conflicts which inhibit agricultural use. Those areas designated on an LCDC-acknowledged Jackson County comprehensive plan and/or zoning map as exclusive farm use are determined to be agricultural resources. Furthermore, any other lands may be determined an agricultural resource upon a mutual city-Jackson County written agreement.

“Agriculture” or “agricultural use” means the use of buildings, structures, and/or land for crops, orchards, pasturage, animal and poultry husbandry, and/or the preparation and storage of the products raised on the land. Does not include auction yards, feed lots, slaughterhouses or rendering plants.

“Alley” means a narrow public street through a block, primarily for vehicular service access to the back or side of properties otherwise abutting on another street, to be used only as a secondary means of access to abutting properties.

“Alteration” means the same as “structural alteration.”

“Amendment” means a change in the wording, content, or substance of this title, or a change in the zone boundaries on the zoning map.

Apartment. See “dwelling, multiple-family.”

“Apartment house” means any building or portion thereof which contains three or more individual dwelling units, regardless of the ownership arrangement.

“Assessor” means the county assessor of Jackson County.

“Basement” means a space wholly or partly underground and having more than one-half of its height, measured from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level directly above a basement is more than six feet above a finished grade at any point, such space shall be considered a “story.”

Bedroom. For purposes of this title, the determination of whether a room is a bedroom shall be made by the building official of the city using the then-current building code, but generally it shall be any enclosed room in a dwelling suitable for sleeping purposes containing both a closet and an emergency egress window.

“Buffer” means a means to help reduce or prevent conflicts between incompatible land uses, including, but not limited to: special setbacks; lot coverage and height restrictions; screen plantings, berms, fencing or walls; parks and open space; and natural topography.

“Buildable area” means that portion of a lot excluding the minimum setback areas.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building height” means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the roof surface for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs (see illustration below).

“Building line” means a horizontal line that coincides with the front side of the main building.

“Building lot” means a lot occupied or intended to be occupied by a principal or main building or a group of such buildings and accessory buildings, or by a mobile home when designated for such, together with such open spaces as are required by this title, and having the required frontage on a street.

“Building, main” means a building within which is conducted the principal use permitted on the lot, as distinguished from an accessory use, as provided by this title.

Building (or Structure), Legal Preexisting. Any building or structure which was legally erected prior to the adoption of current city requirements shall be considered a “legal preexisting” building or structure. (Note: Although such buildings may be legal and allowed to continue, they may also be considered “nonconforming” by current standards and subject to the requirements for nonconforming uses, as contained in Chapter 18.195 TMC).

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such cemetery.

“City” means the city of Talent, a municipal corporation of the state of Oregon, where the provision involves a duty owed the city in either its governmental or its corporate capacity; otherwise, that officer, department or agency of the city indicated by the context; or where the context does not clearly indicate a specific officer, department or agency, then the city council of said city.

“City engineer” means the city engineer of the city of Talent.

“Clinic” means a place for group medical or dental services, not involving overnight housing of patients.

“Club” means any organization, group, or association supported by members thereof for a common purpose, the purpose of which is to render a service customarily rendered for members and their guests, but which shall not include any groups which are organized primarily to render a service customarily carried on as a business for profit.

“Cluster housing” means a cluster of three or more dwelling units around a central common space sharing site amenities such as parking and landscaping in a coherent site design, located either on a single lot or individually platted lots.

“Collocation” means the use of a wireless communications facility by more than one wireless communication provider.

“Commission” or “planning commission” means the planning commission of the city of Talent.

“Common area” means any area or space designed for joint use of tenants occupying a mobile home park, or residents in any residential development or area, but not including parking area or streets.

“Condominium” means an estate in real property, consisting of any undivided interest in common in a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building, such as an apartment, office, or store.

“Contiguous” means the same as “abutting.”

“Council” or “city council” means the city council of the city of Talent.

“Court” means an open unoccupied space, other than a yard, on the same lot with a building or group of buildings.

“Craft manufactory and retail” means a use established expressly for the on-site creation and retail sale of original artisan products. Each individual use is permitted no more than 15 employees at one time. The intent is that such uses are clearly retail, that they generate walk-in traffic, and that they maintain the quality of the zone while providing craftspeople the ability to run a small business and sell something on the same site. This definition does not include bakeries or other food-production businesses; such uses are classified as either “retail” or “industrial” depending on the disposition of the product.

“Curb cut” means the place where a curb is decreased in height to enable access to property from a street. A curb cut is used in terms of that distance from the place where the curb height is reduced for access to the place where it is increased back up to its standard height as a curb.

“Density” means the ratio expressed as the number of dwelling units per area of land, and computed by dividing the number of dwelling units by the acreage of the site, neighborhood, community, or other area. The result is “dwelling units per acre.”

“District” means the same as “zone.”

“Drive-in,” “drive-through,” or “drive-up” means any building, structure or use wholly or partly designed or intended to offer a service or product to a patron while the patron waits in her or his motor vehicle, generally while the engine is running, such as drive-through food service establishments, drive-up banks, and similar facilities; but not including automobile/truck service stations and parking lots.

“Driveway” means a road or other accessway that is located entirely on the parcel it serves and provides vehicular access from a street or road to the off-street parking area that serves a single-family home, group of dwellings, apartment building or other structure. An accessway that serves more than one parcel is considered a street.

“Driveway, one-way” means a driveway where either ingress or egress, but not both, is allowed.

“Driveway, two-way” means a driveway where both ingress and egress are allowed.

“Dwelling, common wall single-family” means a dwelling unit that shares a common wall with one other dwelling unit with a zero lot line setback, with each dwelling unit located on a separate lot.

“Dwelling, conventional” refers to any dwelling or multiple-dwelling structure that is constructed on the site and in conformance with Uniform Building Code standards.

“Dwelling, duplex” means a detached building containing two residential dwelling units on a single lot.

“Dwelling, manufactured home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was built on or after June 15, 1976, to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, or other federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

“Dwelling, mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Dwelling, multiple-family” means a building or portion thereof, containing five or more dwelling units on a single lot. Units may be attached or detached in any configuration.

“Dwelling, quadplex” means four residential dwelling units on a single lot. Units may be attached or detached in any configuration.

“Dwelling, single-family attached” means an attached building containing a single dwelling unit on a single lot that shares a common or abutting wall(s) with one or more dwelling unit(s). Individual townhouse units are generally separated by common firewalls and their owners may or may not share in the ownership of a common area. Used synonymously with “townhouse” or “rowhouse.”

“Dwelling, single-family detached” means a detached building containing a single dwelling unit on a single lot. A mobile home, modular home, a factory-built home, and other housing “alternatives” are also considered single-family dwellings when intended and designed for that purpose.

“Dwelling, triplex” means three residential dwelling units on a single lot. Units may be attached or detached in any configuration.

“Dwelling unit” means a structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. If the individual units are self-contained, assisted living facilities for the elderly or disabled as defined by the state of Oregon, having common food preparation, dining, social, recreational, and/or housekeeping facilities are included in this definition.

“Encroachment” means any obstruction or illegal or unauthorized intrusion in a delineated floodway, right-of-way, or on adjacent land.

“Enlarge or extend” means to increase the cubic content of a building or increase a use of land to occupy a greater area than was previously occupied.

“Fence, sight-obscuring” means a fence, or a fence and evergreen planting, arranged in such a way as to obstruct vision of a building or use of land.

“Floodplain” means any land area susceptible to being inundated by water from any source; particularly any area designated as being within the floodway or 100-year flood boundary in the most recent available data of the Federal Insurance Administration and referred to as such by this title or any other city ordinance.

“Frontage” means that portion of a parcel or property which abuts a public street other than an alley.

“Garage” means a building or portion thereof in which a motor vehicle containing flammable liquids or gas in its tank is stored, repaired, or otherwise kept, or intended to be kept.

“Grade (ground level)” means the average of the finished ground level at the center of all walls of a building. In the case where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the elevation of the sidewalk.

“Guest, commercial” means any person who is temporarily occupying a room or suite in a hotel, motel, convalescent home, or other commercial facility that provides such “guest rooms” that are designed and intended to be rented or leased (short term) to persons or families. Such guests are not occupying the room or rooms as their primary residence.

“Guest house” means a building or structure on the same lot as, but appurtenant to, a primary single-family dwelling unit, and that is intended for the lodging of guests. A guest house may contain rooms and furnishings similar to those of any other dwelling except that it shall not have a designated kitchen area or kitchen facilities or appliances. A guest house shall be utilized solely for the lodging of residential guests and shall not be rented or otherwise managed for income purposes. A guest house may be used for the temporary residence of an infirm person under the care of the occupants of the primary dwelling.

“Guest lodging” (includes hotels, motels and bed and breakfast inns, but excludes short-term rentals) means a building containing six or more rooms, or suites of rooms, designed to be used for the temporary living and sleeping place of its commercial guests, and which customarily provides such services as linen, maid service, furnishings, and often recreational or meeting facilities. Bed and breakfast inns are exempt from the minimum six-room requirement.

“Guest, residential” means any person who is temporarily occupying a dwelling, guest house, recreational vehicle parking area, or any other portion of a dwelling at the invitation of that dwelling’s owner or legal occupant and is not paying rent or other type of reimbursement in return for that privilege.

“Guest room” means any room or rooms within a dwelling unit that are used or intended to be used for the lodging of residential guests, as defined above, and not including a separate kitchen area or kitchen facilities in addition to those already available in the primary dwelling unit.

“Historic building or structure exterior remodel” means the addition to, removal of or from, or physical modification or repair of an exterior part or portion of a historic building or structure.

“Historic building, structure, site” means any building, structure, site or other physical object and its site recognized by the city to be of particular cultural, aesthetic, educational or historic significance to its citizens, such as: a building, structure, physical object, or site in which the broad cultural history of the nation, state or community is reflected or exemplified; which is identified with historic personages or with important events in national, state or local history; which embodies the important distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or a notable work of a master builder, designer or architect.

“Home occupation” means an occupation carried on within a dwelling and/or accessory building by a member or members of the family occupying the dwelling, no employee or other persons being engaged in the same, said activity being secondary to the use of the dwelling for living purposes. A home occupation is conducted in such a manner as to not give an outward appearance nor outwardly manifest any characteristic of a business in the ordinary meaning of the term, except as permitted in any ordinance regulating signs, nor to infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their homes. A home occupation maintains the residential character of the building in which it is located.

Hotel or Motel. See “guest lodging.”

“Integrated shopping center” means a shopping complex designed to provide a broad range of retail products and services in one location.

“Kennel” means any lot or premises on which four or more dogs over three months of age are kept, and any business conducted for the purpose of boarding and/or sale of dogs and/or cats.

“Landscaping” means any combination of permanently maintained live trees, lawns, shrubs, or other plant materials, including inorganic accessory materials utilized to accent or complement the vegetation. Fountains, ponds, sculptures, lampposts, fences, benches, and other functional or decorative features may be integral components of a landscape plan.

“Live-work building” means a type of mixed-use development or home occupation. It can be either a detached building, or a building attached to one or more other buildings through common end walls (but not front or rear walls). The entire building must be constructed to commercial standards. It contains a ground floor, street-fronting unit with a retail, service, office, or artisan/light industrial use otherwise permitted in this zone, and a second story or rear residential unit that includes bathroom and kitchen facilities. The same person or persons occupy both units. The commercial unit shall be at least 200 square feet of gross floor area and no more than 5,000 square feet of gross floor area. The residential unit is at least 400 square feet of gross floor area and no more than 1,500 square feet of gross floor area.

“Lot” means a parcel of land lawfully created as such in accordance with the land division, partitioning, or subdivision laws or ordinances in effect at the time of its creation.

“Lot area” means the total land area, commonly measured in square feet, within the boundaries of a legal lot, exclusive of any street or alley rights-of-way.

“Lot coverage” means that portion of a lot covered by a building or any part of a building or mobile home, expressed as percentage of the total lot area.

“Lot depth” means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.

“Lot line” means the property line bounding a lot.

“Lot line, front” means the lot line separating a lot from the street other than an alley. For corner lots, one street lot line shall be considered the front lot line.

“Lot line, rear” means a lot line which is opposite and most distant from the front lot line. In the case of a triangular or other irregular lot, the “rear lot line” shall mean a line 10 feet in length within the lot, which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at a maximum distance from the front lot line.

“Lot line, side” means a lot line which is not a front or rear lot line.

“Lot of record” means a lot recorded with the Jackson County recording officer and designated by a separate tax lot number in the records of the county assessor.

“Lot width” means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot lines; or the mean distance between the side lot lines within the buildable area (not including required yards).

“Maintain” means to cause or allow to continue in existence. When the context indicates, “maintain” shall mean to preserve and care for a structure, improvement, condition or area to such an extent that it remains attractive, safe and presentable and carries out the purpose for which it was installed, constructed or required.

“Major south roof” means the largest single planar surface area of a roof of a dwelling or other building. This definition is used mainly in terms of solar energy. The major roof area exposed to the south provides the most available space to receive solar energy and utilize rooftop solar collection systems.

“Major south wall” means the largest single exterior planar surface area of a wall of a dwelling or other building. This definition is used mainly in terms of solar energy. A major wall area exposed to the south would afford a dwelling or other building the most surface area to utilize a solar collection system and receive solar energy.

Mobile Home. See “dwelling, manufactured home” and “dwelling, mobile home.”

“Mobile home accessory building or structure” means any awning, portable, demountable or permanent cabana, ramada, carport, porch, skirting or steps established for the use of the occupant of the mobile home which are designed or intended to be attached to and which depend, in whole or in part, upon the mobile home for structural support.

“Mobile home park” means any lot on which two or more mobile homes are located and being used for residential purposes, other than as an approved “guest house,” and where the primary purpose of the property owner is to rent or lease the spaces and related or necessary facilities to the owners or occupants of the mobile homes, or to offer same in exchange for trade or services.

“Mobile home stand” means that part of a mobile home space reserved for the placement of the mobile home.

Motel. See “guest lodging.”

“Noise” means unwanted sound. For commercial and industrial operations, the Department of Environmental Quality maintains rules and standards on noise. Typical noise sources include: refrigeration units, car wash dryers, air conditioners, boilers and gas turbines, particularly as they relate to adjacent “noise sensitive” uses. A noise sensitive use is a residence, church, library, and school. Other noise sources, which are not subject to DEQ regulation, include Interstate 5, Highway 99 and the trains running on the Southern Pacific railroad tracks. Another noise source but subject to DEQ regulation that commonly occurs in residential areas is a heat pump.

“Nonconforming lot” means a parcel of land which lawfully existed as a lot of record on the effective date of the ordinance codified in this title, or which is legally created after the effective date of the ordinance codified in this title, but which in either case does not conform to the lot area and lot dimension standards for the zone in which it is located.

“Nonconforming use” means a structure, building or use that was lawfully constructed or established, but no longer conforms to the regulations or requirements of the city’s codes and standards.

“Open space” means land which is mostly open and unobstructed from the ground to the sky except for natural features. Open space may be utilized to preserve a natural land area to provide a buffer, and/or to provide space for recreational use by persons occupying a residential development or mobile home park, or for the general public. Improved pedestrian, bicycle and equestrian ways may be provided.

“Owner” means the owner of record of real property, as shown on the latest tax rolls or deed records of the county, or a person who is purchasing a parcel of property under written contract.

“Parking area” means privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated or otherwise identified for use by the general public, customers and/or tenants, employees or property owners, either free or for remuneration, for the parking of automobiles. For purposes of calculating shading and landscaping requirements, parking facilities shall include those through areas which are intended as primary vehicular circulation areas into and through the parking lot.

“Parking space” means a permanently maintained area for the parking of one standard size automobile, with proper access and measuring not less than eight and one-half feet wide by 18 feet long.

“Person” means an individual, firm, partnership, corporation, company, association, syndicate, branch of government, social or fraternal organization or any other group or combination acting as a legal entity, and including any trustee, assignee, or other similar representative thereof.

“Planning commission” means the planning commission of the city of Talent, authorized under Chapter 2.20 TMC.

“Planning office/department” means a department or agency of the city created or designated by the city council to perform ministerial functions in the administration of the affairs of the planning commission; where no such department or agency has been created or designated, reference thereto herein shall mean the city council.

“Plot plan” means a scale drawing of a lot and the adjacent and surrounding areas, showing the use and location of all existing and proposed buildings, structures, and improvements, and drawn to such scale, detail and description as may be required by the city staff, the planning commission, or the specific provisions of this title or TMC Title 17.

“Premises” means the lot or plot of land upon which a structure or use is located.

“Public facilities and services” means basic facilities and services that are primarily planned for by the city but which also may be provided by other governmental agencies or private enterprise and are essential to the support of development in accordance with the city’s comprehensive plan. Public facilities and services include police protection; fire protection; sanitary facilities; public water facilities; storm drainage facilities; planning, zoning, and subdivision control; health services; recreation facilities and services; energy and communication services; and community governmental services (including schools and transportation).

“Public road or accessway” means a state highway, other road or accessway that has been dedicated for use by the public for roadway purposes, not including an alley. Also referred to as a “public street,” or simply a “street.”

“Recreation area” means land developed and maintained as usable open space, playgrounds, play fields, swimming pools, bicycle paths, community gardens and/or joint-use recreation buildings (subject to lot coverage requirements of the applicable zone) or similar uses, for the common use of residents of a development.

“Recreation vehicle” means a vacation trailer, camping vehicle, motor home, or other vehicle, with or without motor power, which is designed for short-term occupancy for recreational or vacation purposes, but not as a permanent or long-term residence. The vehicle is identified as a recreation vehicle by the manufacturer and licensed as such.

“Recreational vehicle park or campground” means an area designed to accommodate recreational vehicles and/or tent campers and to provide related and needed facilities and services.

“Relocated structure” means any structure requiring a building permit, as provided by the Uniform Building Code, current edition, which has been constructed and placed on a permanent foundation for the purpose of occupancy, at a location other than the proposed location within the city of Talent. This definition does not include the structures generally referred to as “manufactured houses,” “modular houses” or “mobile homes.”

“Residential care facility” is defined under ORS 430.010 (for alcohol and drug abuse programs), ORS 443.400 (for persons with disabilities), and ORS 443.880; residential facilities provide housing and care for six to 15 individuals who need not be related. Staff persons required to meet state licensing requirements are not counted in the number of facility residents and need not be related to each other or the residents.

“Residential care home” means a residential treatment or training or adult foster home licensed by or under the authority of the Department of Human Services, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500, or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. (See also ORS 197.660.)

“Retirement home” means a facility that provides living quarters, owned or rented, to persons who have attained retirement age. The facility may be a single structure or a group of structures, designed primarily for residential purposes, but often including limited medical, recreational, commercial, or health services for the residents and their guests.

Row House. See “dwelling, single-family attached.”

“Screen planting” means an evergreen planting of trees or shrubs arranged in such a way as to obstruct vision of a building or use of land or create a buffer between incompatible land uses.

“Service station” means a place of business selling motor fuel and oil for motor vehicles and which may provide the following additional types of services: the sale and installation of motor vehicle accessories; the performance of motor tune-ups, tire patching, battery charging and other similar minor or emergency repairs to motor vehicles; and other accessory services and incidental sales.

“Setback” means the minimum allowable distance from a given point or line of reference, such as a street right-of-way or property line.

“Shaded” means an area or space that does not receive direct solar radiation from the sun. In terms of solar collectors, a solar energy collector is deemed shaded if vegetation or structures block the direct solar energy that would otherwise reach its collecting surface during a specified time period. However, such insubstantial shadows as those caused by utility poles, wires, flagpoles and slender antennas are not deemed to shade.

“Shadow patterns” means the area on the ground surface or structures or objects which is shaded during a specified time.

“Short-term rental” is an owner- or lessee-occupied dwelling unit that is rented, in whole or in part, to successive tenants for periods of less than 30 days’ duration over a 12-month period.

“Site development plan” means a plan, drawn to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land, and any other information required by the applicable provisions of this title.

“Solar access” means the ability of something to receive solar energy without being shaded.

“Solar collector” means a device, or combination of devices, structures, or part of a device or structure, that transforms solar energy into thermal, mechanical, chemical or electrical energy that satisfies a structure’s (or swimming pool’s) energy requirements.

Solar Collector, Active. These are generally, but not limited to, solar collectors that require external or mechanical power to move the collected heat.

Solar Collector, Passive. This term is typically considered in terms of “techniques.” Passive solar techniques are those that deal with the orientation of vegetation and architectural features such as buildings, eaves, windows, water or rock work to allow materials to shade and to collect, store, conduct or block heat. They are generally used to heat structures in the winter and allow for natural cooling in the summer.

“Solar energy” means radiant energy received from the sun.

“Staff advisor” means a member of the planning department designated to advise the planning commission and/or city council on planning matters.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above.

“Street” means the entire width between boundary lines of a public or private way to provide ingress or egress for vehicular or pedestrian traffic, and placement of utilities, to one or more lots, parcels, areas or tracts of land; including “highway,” “lane,” “place,” “avenue,” “alley,” or similar designations. The definitions for specific types of streets are set forth in TMC Title 17 and apply to this title.

“Street improvements” means improvements constructed within a street right-of-way, including but not limited to paving, curbs, gutters, sidewalks, storm water drainage facilities, planting of street trees and other improvements required by standards set and adopted by the city of Talent.

“Street line” means a lot line separating a street from other land.

“Structural alteration” means a change to the supporting members of a structure, including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.

“Structure” means anything constructed or built which requires location on the ground or is attached to something having a location on the ground including swimming pools, covered patios, fences and walls, but not including normal plants and landscaping materials, paved outdoor areas, walks, driveways, and similar improvements.

Temporary. Unless otherwise defined or specified, such as in a condition of approval of a particular land use, the term “temporary” shall mean 30 days or less within any 12-month period of time. An extension of time may be granted by the city for certain types of temporary uses or structures.

“Tent” means a shelter consisting primarily of a fabric supported by metal or wood poles and ropes, which is designed for temporary short-term occupancy for recreational or emergency purposes. A “tent” is not intended for permanent residential habitation.

Townhouse. See “dwelling, single-family attached.”

Trailer. See “dwelling, manufactured home,” “recreation vehicle” and “travel trailer.”

“Travel trailer” means a vehicle or other structure with wheels for highway use, that is intended for human occupancy and is designed for vacation, travel or recreational purposes but not residential uses to include “campers.” See also “recreation vehicle.”

“Undevelopable land” means areas that cannot be used practicably for a habitable structure because of natural conditions, such as slopes exceeding 25 percent, severe topographic relief, water bodies and floodways, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or manmade conditions, such as existing development that isolates a portion of the site and prevents its further development; setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area.

“Uniform Building Code standards” means the Uniform Building Code (UBC) standards promulgated by the International Conference of Building Officials (ICBO), as adopted by the city of Talent.

“Use” means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

“Wireless communications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Does not include any support structure upon which an antenna is mounted.

“Wireless communications facility” means any device or system for the transmitting and/or receiving of electromagnetic signals for cellular technology, personal wireless services, mobile services, paging systems and related technologies. Facilities include antennas and all other types of equipment used in the transmission and reception of such signals, structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory development.

“Wireless communications tower” means a structure intended to support one or more antennas and associated equipment to transmit and/or receive communications signals including monopoles, guyed and lattice construction steel structures.

“Yard” means open space on the same lot with a building, manufactured dwelling or other structure, unoccupied and unobstructed by any structure from the ground upward, except as otherwise provided herein.

“Yard, front” means the yard on a lot between the front lot line(s) and a line drawn parallel to and flush with the plane of any building facade of a principal building that faces a front lot line.

“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 building or mobile home.

“Yard, side” means a yard extending from the front yard to the rear yard and measured horizontally and at right angles from the side lot line to the nearest point of the building or mobile home.

“Yard, street side” means a yard extending from the front yard to the rear yard on the street side of a corner lot.

“Zone” means a district established by this title and shown on the zoning map, within which specified buildings and uses of land are permitted as set forth herein. [Ord. 966 § 2 (Exh. B), 2021; Ord. 952 § 1 (Exh. A), 2019; Ord. 943 § 1 (Exh. A), 2018; Ord. 902 § 1 (Exh. A), 2015; Ord. 847 § 4 (Exh. B), 2008; Ord. 844 § 2 (Exh. B); Ord. 817 § 8-3B.120, 2006.]

A. Use Characteristics.

B. Use of Examples.

C. Accessory Uses.

D. Exceptions. Some of the use categories may contain an “Exceptions” subsection. These subsections provide a cross-reference for uses that may seem to be part of a particular category, but which are explicitly classified into a different use category.

E. Prohibited Uses. Certain uses are specifically prohibited in the city of Talent, even though they may be construed to be part of a particular use category. These uses are listed in a subsection entitled “prohibited” under the relevant use category. As noted in subsection (A)(3) of this section, some uses may also be prohibited because they cannot be clearly classified within an existing use category by the procedures set forth in subsection (A) of this section.

F. Developments with Multiple Principal Uses. Developments with multiple principal uses will be categorized using the following rules:

A. Interpretations Authorized.

B. Interpretation Criteria. Any interpretation made through the foregoing procedures shall be based on the following criteria:

C. The interpretation is consistent with the opinion of the city attorney. [Ord. 966 § 2 (Exh. B), 2021.]

A. Adult Business Uses. [Reserved]

B. Animal-Related Commercial Uses. [Reserved]

C. Commercial Recreational Uses. [Reserved]

D. Commercial Parking Uses.

E. Eating and Drinking Establishments. [Reserved]

F. Office Uses.

G. Quick Vehicle Servicing Uses. [Reserved]

H. Retail Uses.

I. Surface Passenger Services. [Reserved]

J. Vehicle Repair Uses. [Reserved] [Ord. 966 § 2 (Exh. B), 2021; Ord. 846 § 2 (Exh. B); Ord. 817 § 8-3B.230, 2006.]

A. Basic Utility Uses.

B. Colleges. [Reserved]

C. Community Service Uses.

D. Daycare Uses. [Reserved]

E. Detention Facilities.

F. Educational Facilities.

G. Hospitals. [Reserved]

H. Parks and Open Space Uses.

I. Religious/Private Group Assembly Uses. [Reserved]

J. Public Works Facility Uses.

A. Agricultural Uses. [Reserved]

B. Communication Transmission Facility Uses.

A. The provisions of this chapter shall apply to all zoning districts.

B. When the conditions of subsection (A) of this section are satisfied, this section shall be emended. [Ord. 966 § 2 (Exh. B), 2021; Ord. 846 § 2 (Exh. B); Ord. 817 § 8-3B.280, 2006.]