For the purpose of this code, certain terms or words used herein shall be interpreted as follows:

A.    The word “shall” is mandatory, the word “may” is permissive.

B.    The word “used” or “occupied” shall include the words “intended, designed, or arranged to be used or occupied.”

C.    The word “lot” or “parcel” includes the future tense, the singular number includes the plural, and the plural number includes the singular.

D.    Words not specifically defined herein shall have the meaning specified in Webster’s Third New International Dictionary of the English Language, Unabridged. (Ord. 1604 § 1, 2011; Ord. 1636 § 2, 2014; Ord. 1732 § 2 (Exh. A), 2022; Ord. 1739 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024)

For the purpose of these regulations, the following terms or words are defined as follows:

Accessory dwelling unit (ADU). Attached or detached dwelling unit which is secondary to the primary dwelling unit. The unit includes its own independent living facilities with provisions for living, sleeping, eating, cooking, and sanitation, and is designed for residential occupancy independent of the primary dwelling unit.

Accessory structure. A subordinate structure with a maximum area of 1,500 square feet, except for agricultural buildings, located on a lot or parcel with a principal use, the use of which is clearly incidental to and associated with the principal use. Examples of accessory structures include, but are not limited to, the following:

1.    Greenhouse or hothouse;

2.    Swimming pools;

3.    Children’s playhouses and structures;

4.    Sheds;

5.    Barns;

6.    Gazebos;

7.    Solar and wind energy systems;

8.    Garages;

9.    Dog houses for up to four dogs, bird feeders, or other pet shelters;

10.    Appurtenances such as mailboxes and heat pumps; and

11.    Similar structures as determined by the Planning Director.

Accessory use. A use which is incidental and subordinate to the principal use.

Adequate public facilities. Public facilities that must be adequate for an application for new construction, remodeling, or replacement of an existing structure to be approved are transportation, water, sewer, and storm sewer facilities. To be adequate, on-site and adjacent facilities must meet City standards, and off-site facilities must have sufficient capacity to (1) meet all existing demands, (2) satisfy the projected demands from projects with existing land use approvals, plus the additional demand created by the application, and (3) remain compliant with all applicable standards.

Administrator. The City Manager of West Linn, Oregon, or a duly authorized representative.

Agricultural building. A structure located on a farm and used in the operation of such farm for the storage, maintenance or repair of farm machinery and equipment or for the raising, harvesting and selling of crops or in the feeding, breeding management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees, or for dairying and sale of dairy products or any other agricultural or horticultural use, or animal husbandry or any combination thereof, including the preparation and storage of products raised on such farm for man’s use and animal use and disposal by marketing or otherwise.

Agricultural sales. Sale from the premises of feed, grain, fertilizers, pesticides, and similar goods. Typical uses include nurseries and hay, feed, and grain stores.

Agricultural services. Establishments or places of business engaged in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include tree and lawn service firms.

Agriculture. The tilling of the soil, the raising of crops, dairying and/or animal husbandry, but not including the keeping or raising of fowl, pigs, or fur-bearing animals unless such is clearly incidental to the principal use of the property for the raising of crops.

Alley. A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

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

Alteration, structural. Any change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of girders. In addition, any change in the external dimensions of the building shall be considered a structural alteration.

Amusement enterprise. Establishments or places primarily engaged in the provision of entertainment or recreation which require less personal physical activity than those uses included in indoor participant sports and recreation. Typical uses include: billiard parlors, bowling alleys, arcades, and electronic game room facilities or movie theaters.

Anchor-secured docks. Docks that are held in place by cables that are then attached to the riverbed or shoreline by an anchoring system.

Animal sales and services. Establishments or places of business primarily engaged in animal-related sales and services. The following are animal sales and services use types:

Animal sales and services, grooming. Grooming of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops.

Animal sales and services, kennels. Kennel services for dogs, cats, and similar small animals. Typical uses for a business venture include boarding kennels or dog training centers. Kennels will be further defined as any property where more than four dogs are kept, whether such animals are kept as personal property of the property owner or as a business venture, is deemed to be a kennel. A person may have more than four dogs and not be deemed a kennel, if one of the dogs is a female with a litter under the age of six months.

Animal sales and services, veterinary (large animals). Veterinary services for large animals. Typical uses include animal hospitals for large animals (horses, sheep) or veterinary hospitals for large animals.

Animal sales and services, veterinary (small animals). Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals for small animals.

Antenna(s). A device commonly in the form of a metal rod, wire panel, or dish, for transmitting or receiving electromagnetic radiation. An antenna is typically mounted on a supporting tower, pole, mast, or building.

Appeal. A request that a final decision by an approval authority be considered by a higher authority either on the basis of a de novo hearing or with the inclusion of evidence in addition to that considered by the maker of the initial decision.

Approval authority. Either the Director, the initial hearing body, or the Council, depending on the context in which the term is used.

Approval or approved. A determination by the City of West Linn approval authority that the provisions of this code have been met.

Arterial. A street whose primary function is to provide for the movement of through traffic between areas and across portions of the City or region, and having the subordinate function of providing direct access to abutting land. Depending on the nature and location of an arterial street, it may be designed to the standards of a minor arterial street or a major arterial street.

Authorized. Having been granted written permission from the property owner(s) to act on their behalf.

Authorized area. The area within the preference rights area, as determined by DSL, where the applicant may place their water-dependent structure (e.g., dock) is called the authorized area. (Also see “Preference rights” definition.)

Automotive and equipment. Establishments or places of business primarily engaged in motorized vehicle-related sales or services. The following are automotive and equipment use types:

Automotive and equipment, cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes.

Automotive and equipment, fleet storage. Fleet storage of vehicles used regularly in business operation and not available for sale or long-term storage of operating vehicles. Typical uses include taxi fleet, mobile catering truck storage, or auto storage garages.

Automotive and equipment; repairs, heavy equipment. Repair of trucks, etc., as well as the sale, installation, or servicing of truck or automotive equipment and parts together with body repairs, painting, and steam cleaning. Typical uses include truck transmission shops, body shops, or motor freight maintenance groups.

Automotive and equipment; repairs, light equipment. Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, or auto glass shops.

Automotive and equipment; sales/rentals, heavy equipment. Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment and trucks together with incidental maintenance. Typical uses include boat dealers, heavy construction equipment dealers, or truck dealers.

Automotive and equipment; sales/rentals, light equipment. Sale, retail or wholesale, and/or rental from the premises of autos, non-commercial trucks, motorcycles, motorhomes, and trailers with less than a 10,000 gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, car rental agencies, or recreational vehicle sales and rental agencies.

Automotive and equipment; storage, recreational vehicles and boats. Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles or boats.

Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Bed and breakfast. Overnight accommodations and a morning meal in a dwelling unit provided to transient guests for compensation.

Bike path. A way designed for and improved with a hard surface, and signed for use by bicycle traffic.

Block length. The distance measured along all that part of one side of a street which is (1) between the centerline of two intersecting or intercepting streets; or (2) between an intersecting or intercepting street and the end of a stubbed or dead-end street.

Boat house. Roofed structure to store and protect a boat. Boat houses may also include roofed open-sided boat shelters.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building line. A line running parallel to a lot line that is the same distance from the lot line as the closest portion of a building on the site.

Building maintenance services. Establishments primarily engaged in the provision of maintenance and custodial services. Typical uses include janitorial, landscape maintenance, or window cleaning services.

Business equipment sales and services. Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional, and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms.

Business support services. Establishments primarily engaged in the provision of service, including instructional, of a clerical, employment, protective, or minor processing nature to firms rather than individuals and where the storage of goods other than samples is prohibited. Typical uses include: secretarial services, telephone answering services, or blueprint services.

Carport. A structure consisting of a roof and its supports that is entirely open on two or more sides and that is intended for shelter of vehicles.

Certified child care center. A certified child care center is regulated under OAR 414-300-0000 through OAR 414-300-0415. The use is defined in OAR 414-300-0005 generally as follows: The child care business is in a facility that has met zoning, occupancy, and building code requirements; usually a commercial building. The maximum number of children allowed in care depends on the square footage of the building, number of qualified staff, and various other factors. The Office of Child Care license reflects maximum number of children allowed in care at any one time.

Certified professional in erosion and sediment control. A person who has been so determined by the Soil and Water Conservation Society and the International Erosion Control Association (Urban Watershed Institute).

Channel. The channel is the physical confine of a stream within the “OHW.”

Child care. Duties and rules of the State of Oregon Office of Child Care are identified in ORS 329A.010 through 329A.030. “Child care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, provided to a child during a part of the 24 hours of the day, in a place other than the child’s home, with or without compensation. Child care is exempt from Office of Child Care regulation if it provides care for three or fewer children, not including their own children; for any number of children from the same family, not including their own children.

City. The City of West Linn, Oregon.

City Engineer. The City Engineer of West Linn, Oregon, or their authorized agent.

Clear vision area. An area which consists of a triangular area, two sides of which are property lines measured from the corner intersection of the access point lot lines for a distance specified in this regulation.

Co-location. The placement of two or more antenna systems or platforms by separate Federal Communications Commission (FCC) license holders on a structure such as a support structure, building, water tank, or utility pole.

Collector. A street supplementary to the arterial street system and a means of circulation between arterials and local streets; used to some extent for access to abutting properties and may be used to a limited extent for through traffic.

Commission. The Planning Commission of West Linn, Oregon.

Communications services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as utilities. Typical uses include: television studios, telecommunication service centers, or telegraph service offices.

Community building. A building operated by the public or a non-profit group, neighborhood or association for public assembly for meetings, arts, crafts or similar uses. Examples of a community building are a senior center or arts center.

Community recreation. Recreational, social, or multi-purpose uses typically associated with parks, play fields, or golf courses.

Comprehensive Plan. The official document of West Linn that includes goals and policies that direct how West Linn will develop. It also may include action measures or strategies for implementing the goals and policies. The Comprehensive Plan is adopted by ordinance, and thus, has the force of law and is the basis for the Community Development Code.

Conditional use. A use which may be permitted by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval.

Construction sales and services. Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures. Typical uses include: building materials stores, tool and equipment rental or sales, and building contracting/construction offices.

Consumer repair services. Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding “automotive and equipment” use types. Typical uses include: appliance repair shops, apparel repair firms, musical instrument repair firms and small repair shops.

Convenience sales and personal services. Small neighborhood oriented retail businesses (retail commercial and personal services) which provide for the daily needs of nearby residents. It includes uses such as grocery stores, drug stores, laundromats and dry cleaners.

Corner lot. A lot or parcel abutting on two intersecting streets other than an alley, excluding lots or parcels with boundary line angles greater than 135 degrees.

Cottage cluster. A grouping of at least four detached dwelling units per acre. Dwelling units have a building footprint of less than 900 square feet per dwelling unit that includes a common courtyard with at least 150 square feet per cottage. Units may be located on a single lot or parcel, or on individual lots or parcels. A maximum of eight cottages shall be permitted per courtyard. For example, 150 square feet of common courtyard area for eight cottages equals 1,200 square feet of common courtyard area.

Cottage cluster project. A development site with one or more cottage clusters. Each cottage cluster as part of a cottage cluster project must have its own common courtyard.

Council. The City Council of West Linn, Oregon.

Critical facility. A facility for which even a slight chance of flooding might be too great. Critical facilities include but are not limited to schools, nursing homes, hospitals, police stations, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.

Cul-de-sac. A street or streets having one end open to traffic and the other end or ends terminating in a vehicle turnaround.

Cultural exhibits and library services. Museums, exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

Cut or excavation. Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated.

DBH. Diameter at breast height is the diameter of a tree at four and one-half feet (54 inches) above the highest natural ground level at the base of the trunk.

Dedication. The legal conveyance of land, typically from a private property owner to the City.

Developable gross area. The total square footage of the lot(s), parcel(s), or unit(s) of land proposed to be developed.

Developable net area. The square footage subject to the maximum and minimum density calculations in CDC 05.025.

Developer. The owner of land proposed to be developed or partitioned, or representative. Consent shall be required from the legal owner of the premises for any proposed development or division of land as provided in this code. Within the flood management area, this term shall include storage of equipment or materials.

Development. Any manmade change defined as the construction of buildings or other structures, mining, dredging, paving, filling, grading or site clearing, and grubbing in amounts greater than 10 cubic yards on any lot, parcel, or lot of record. Within the flood management area, this term shall also include storage of equipment or materials. Within the Willamette and Tualatin River Protection Areas, this term shall also include any change of use or intensification of the use of land or water, including construction of structures (such as houses, structures, docks and associated pilings or piers), significant grading, or removal or addition of vegetation and groundcover unless specifically exempted per CDC 28.040. Development shall not include grading, site clearing, grubbing or filling where it is part of a submitted land use application that includes the restoration of grades and replanting the affected area with native vegetation per a re-vegetation plan. This definition is distinct and separate from previously disturbed areas (PDAs) and temporarily disturbed areas (TDAs).

Director. The Planning Director of West Linn, Oregon, or authorized agent.

Disturbance. For the purpose of this code, the terms “disturbance” and “development” may be used interchangeably.

Disturbed areas. Areas that have been subjected to disturbance or development. For the purpose of this code, the terms “disturbance” and “development” may be used interchangeably.

Division of land. The process of dividing a tract, lot or parcel by subdividing or partitioning. See “Partition land” and “Subdivide land.” A division of land shall be deemed to have occurred at the time when the final approved plat is recorded with the County Recorder’s office.

Dock. Dock/float means an individual secured and stationary or floating structure (other than a mooring buoy) used exclusively for mooring boats and for similar uses. Dock can also refer to water-dependent uses generically unless otherwise indicated from the context.

Drainageways. The channel of a drainage course, or other water course and the adjacent land areas that must be reserved in order to discharge surface runoff water.

Drive-through restaurant. An eating and drinking establishment organized so that motorists may order and pick up orders without the necessity of leaving the vehicle.

Drop box, trailer, or structure of similar function. A drop box, truck trailer or structure of similar function intended for the collection of donations which may include newspaper, household goods, clothes, cardboard, and other items. These drop boxes shall be operated by registered non-profit benevolent organizations, groups, associations or religious orders.

DSL. Department of State Lands.

Duplex residential units. Two attached or detached dwelling units on a lot or parcel in any configuration.

Dwelling unit. A single unit containing eight or fewer bedrooms designed for residential occupancy by one family for living purposes providing complete, independent living facilities including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement. A grant of the right to use a strip of land for a specific purpose.

Eating and drinking establishments. Establishments or places of business that are not drive-through restaurants and primarily engage in the sale of prepared or produced food and beverages for on-premises consumption, on-premises sale, or take out service. On-premises sales do not include sales to secondary retailers or wholesalers. Typical uses include, but are not limited to: fast food establishments, restaurants, delicatessens, brew-pubs, coffee shops, taverns, bars and lounges.

Elevation, building. The entire side of a building, from the grade adjacent to that side of the building to the roofline, as viewed perpendicular to the walls on that side of the building.

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

Engineer. The City Engineer of West Linn, Oregon, or a duly authorized representative.

Enhancement. See “Mitigation.”

Ephemeral streams. A stream or reach of a stream which flows only in direct response to precipitation and whose channels are always above groundwater or water table levels. Ephemeral streams typically drain sub basins of under 20 acres, have slopes of less than 10 percent as measured laterally from the stream thread and often traverse surficially with no recognizable drainage channel.

Erosion. The process in which, by the actions of wind or water, soil particles are displaced and transported.

Erosion control, post-construction. The reestablishment of groundcover or landscaping prior to the removal of temporary erosion control measures.

Erosion prevention and sediment control. Measures that are required for construction sites where the ground surface will be disturbed with clearing, grading, fills, excavations, and other construction activities, in order to prevent and/or control eroded material and sediment from leaving the construction site and entering the City storm system and/or a water quality resource area.

Erosion, visible or measurable. Visible or measurable erosion includes, but is not limited to: deposits of mud, dirt, sediment, or similar material, exceeding one-half cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping discharge, or as a result of the action of erosion; evidence of concentrated flows of water over bare soils, turbid or sediment-laden flows, or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on the site; and/or earth slides, mudflows, earth sloughing, or other earth movement that leaves the property.

Expedited land division. A type of land division application for subdivision or partitioning of land for residential development that meets all of the definitional requirements of expedited land division, as defined by ORS 197.360.

Extended-hour businesses. Businesses which are open to the public 17 or more hours a day on any given day of the week, or open between midnight and 6:00 a.m., including, but not limited to: eating and drinking establishments, convenience sales and personal services, drive-through restaurants, amusement enterprises, food and beverage retail sales, and general retail sales.

Fact-finding body. A body sitting for the purpose of determining the facts. The decision of the body is not discretionary.

Family. One or more persons, familial or non-familial, living together as a single housekeeping unit in a dwelling unit.

Family day care. Duties and rules of the Office of Child Care are identified in ORS 329A.010 through 329A.030. A certified family child care home or registered family child care home is identified in ORS 329A.250 and considered a residential use pursuant to ORS 329A.440; the use is defined as:

Certified Family Child Care Home. A certified family child care home, usually the provider’s home, providing child care for a maximum of 12 children (16 children with prior approval by the Office of Child Care). The provider’s own children are included in the determination of caregiver/child ratio and group size. A city may impose zoning conditions on the establishment and maintenance of a certified family child care home in an area zoned for residential or commercial use if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

Registered Family Child Care Home. A child care facility in the provider’s home. The child care business holding a registration with the Office of Child Care may care for a maximum of 10 children, including the provider’s own children. Of the 10 children:

1.    No more than six may be younger than school age; and

2.    No more than two may be 24 months of age or younger.

A city may impose zoning conditions on the establishment and maintenance of a registered family child care home in an area zoned for residential or commercial use if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

Fee simple. Land which is owned, typically by the owner of the house or building that occupies the land.

Fence. A vertical barrier for the purpose of screening, security and/or property delineation.

Fill. Placement of any soil, sand, gravel, clay, mud, debris and refuse, or any other material, organic or inorganic.

Final action, final decision, or final order. A determination reduced to writing, signed and filed under CDC 99.110(F) by the appropriate approval authority.

Financial and insurance. Establishments primarily engaged in the provision of financial, insurance, or securities brokerage services. Typical uses include: banks, savings and loans, or insurance agencies.

Findings. A written statement of the facts determined at a public hearing. The findings are applied to the relevant approval criteria or standards by the approval authority as the basis for making its decision.

Flag lot. A lot complying with all other provisions of the Community Development Code which does not meet the minimum street frontage requirement of 35 feet, and which gains access to the public right-of-way via an access strip no less than 15 feet in width.

Floor area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Attic spaces and unfinished basements shall not count for the purpose of determining maximum parking requirements.

Floor area ratio (FAR). The FAR is that percentage of the total lot size that can be built as habitable space. A FAR of 0.45 means that the square footage of the lot is multiplied by 0.45 to yield the total habitable square footage of the house including accessory dwelling units. For example, on a 10,000-square-foot lot, an FAR of 0.45 will allow a 4,500-square-foot house (10,000 X 0.45 = 4,500). The FAR does not include or apply to attached garages. The FAR does not apply to detached garages, accessory dwelling units and accessory structures. The FAR does not include basement areas that average less than 50 percent of the basement perimeter exposed above grade. Uninhabitable space such as crawlspaces, attics, and spaces designed under the Flood Management Area Permit program to allow the passage of floodwaters are also exempt.

Type I and II lands shall not be counted toward lot area when determining allowable floor area ratio, except that a minimum floor area ratio of 0.30 shall be allowed regardless of the classification of lands within the property. That 30 percent shall be based upon the entire property including Type I and II lands. Existing residences in excess of this standard may be replaced to their prior dimensions when damaged without the requirement that the homeowner obtain a non-conforming structures permit under Chapter 66 CDC.

Type I and II lands are excluded from FAR calculations. But the property owner is guaranteed at least a FAR of 0.30 (30 percent) for the total site including Type I and II lands.

Food and beverage retail sales. Establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include: groceries, delicatessens, or liquor stores, and excludes eating and drinking establishments.

Frontage. Property abutting on a street.

Frontage road. A minor street parallel and adjacent to arterial street providing access to abutting properties, but protected from through traffic.

Functions and values. Ecological functions describe the numerous functions that WRAs perform including water quality improvement, floodwater storage, terrestrial or aquatic habitat, aquifer recharge, etc. WRA values express the relative efficacy of the resource in meeting specific functions.

Gangway/Ramp. A variably sloped structure intended to provide pedestrian access from the shore to a dock.

Garage. A structure or portion thereof designed and intended for use for parking or storage that is within an enclosed space and has at least one door for vehicles to enter and exit.

General retail services. The sale or rental of commonly used goods, and merchandise for personal or household use, but excludes those classified as agricultural sales, animal sales and services, automotive and equipment, business equipment sales and service, construction sales and services, food and beverage retail sales, and vehicle fuel sales. Typical uses include: department stores, apparel stores, furniture stores, pet stores or book stores.

Glare. Light that causes visual discomfort or disability, and the wattage and/or light distribution is excessive for the purposes for which the illumination is necessary.

Grade. The final elevation of the ground.

Grade, street. The slope of a road, street, other public way, or sidewalk specified in terms of percentage of slope.

Ground disturbing activity. Any activity that exposes soil through the use of motorized equipment.

Group residential. The residential occupancy of a dwelling containing nine or more bedrooms, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding houses, cooperatives, and halfway houses, but excluding residential facility and residential home as specified below.

Habitable floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

Habitat conservation areas (HCA). Areas identified on the Habitat Conservation Areas Map and subject to the standards found in Chapter 28 CDC, Willamette and Tualatin River Protection.

Habitat Conservation Areas Map (“HCA Map”). A map adopted by the Metro Council September 29, 2005, amended December 8, 2005, and which was incorporated into the CDC by the West Linn City Council on September 25, 2008. The HCA Map, as amended by the City, serves as the official map used by the City to determine the location and designations of Habitat Conservation Areas regulated under Chapter 28 CDC, Willamette and Tualatin River Protection.

Heliport. A place specially designed and used for the landing and take-off of helicopters.

Home occupation. Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit. Standards for home occupations are set forth in Chapter 37 CDC.

Horticulture. The cultivation of plants, garden crops, trees and/or nursery stock.

Hospitals. An institution where the ill or injured may receive medical, surgical or psychiatric treatment; and nursing, food and lodging during their stay.

Hotel/motel. Establishments primarily engaged in the provision of lodging on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests.

Household hazardous waste depot. A depot intended to receive, classify, then transfer elsewhere hazardous wastes that are typically found in a household such as paint, motor oil, household cleaners and solvents, etc.

Implementing ordinance. An ordinance adopted to carry out the Comprehensive Plan.

Initial hearing body. The decision-making body that renders the first decision in a land use case or legislative hearing.

Intentional. To act with a conscious objective to cause the result achieved or to engage in the conduct.

Intermittent streams. A stream that flows only during certain times of the year when it receives water from springs or surface sources such as precipitation. The term may be restricted to a stream that flows continuously during periods of at least one month; also may be a stream that does not flow continuously as when water losses from evaporation or seepage exceed the available stream flow. For the purpose of this code, intermittent and perennial streams are protected identically.

Intersection. A place where a street and access point adjoin each other.

Joint-use boat docks. These structures are designed for, and shall be used exclusively by, two or more riverfront property owners. Typically, two adjacent riverfront property owners share the joint dock. Owners of non-riverfront property may be co-applicants for a joint boat dock.

Knowing. To act with an awareness of the action committed.

Landscaping. An area covered by grass, trees, bushes, and other vegetative material. Bark mulch may only be allowed when trees, plants, or shrubs are planted in that area so that the drip line of the trees and shrubs covers 75 percent of the bark mulch, or can be expected to do so within two growing cycles or years. Patio areas, decks and walkways may only comprise 25 percent of the landscaped area. Walkways and sidewalks not adjacent to vegetative landscaped areas cannot be considered to be part of the landscaping.

Large wood (recruitment). Large wood comprises trees that have fallen down in the WRA due to chronic mortality, disease, windstorms, landslides, erosion, flooding, etc., which in turn may provide aquatic and terrestrial habitat opportunities, modify stream velocities, channel depths and flow patterns and stabilize banks in the WRA. “Large wood recruitment” describes forested WRAs of sufficient size that have the potential to supply these trees which ultimately become “large wood.”

Laundry services. Establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as “personal services.” Typical uses include: commercial laundry agencies, diaper services, or linen supply services, but excluding laundromats and dry cleaners.

Legislative. Any proposed action which would result in a change in City policy including:

1.    A change to the Comprehensive Plan text.

2.    A change to the Comprehensive Plan Map which involves a number of lots or parcels of land.

3.    A change to the text of an implementing ordinance.

4.    A change to the zoning map which involves a number of lots or parcels of land.

5.    A change to any land use plan or map which represents a change in City land use policy.

Limited duration. A temporary ground disturbing activity where water quality standards may be violated briefly, but not of sufficient duration to cause acute or chronic effects on beneficial uses.

Loading space. An off-street space or berth on the same lot, or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle which is loading or unloading persons, merchandise, or materials, and which space or berth abuts upon a street, alley, or other appropriate means of access or egress.

Local street. A street designated in the functional class system, the primary purpose of which is to provide access to land, services, and other streets as opposed to enhancing mobility. These streets typically have low volumes and are very short in relation to collectors and arterials.

Lodge, fraternal, community center and civic assembly. Meetings and activities primarily conducted for the members of a particular group. Excluded from this use type are uses classified as “group residential,” “residential care facilities,” “senior centers,” and “transient lodging.” Typical uses include meeting places for civic clubs, community centers, lodges, or fraternal or veteran organizations.

Lot.

1.    A single unit of land that is created by a subdivision of land.

2.    As a general term (lot) is retained to define characteristics or dimensional attributes of a lot or parcel (i.e., flag lot, lot area, lot coverage, lot line).

Lot area. The total area of a unit of land measured in a horizontal plane within the property lines exclusive of public and private roads, and easements of access to other property or the private driveway area of a flag lot.

Lot, coverage. The area covered by a building or buildings, expressed as a percentage of the total land area. For residential uses, these buildings shall include the principal residence or house, any accessory dwelling unit, and accessory structures requiring a building permit.

Lot, depth. The average horizontal distance between the front and rear property lines.

Lot, double-frontage. A unit of land having frontage on two streets.

Lot line. The property line bounding a lot.

Lot line, front.

1.    The lot line(s) common to the lot and a street (other than an alley) that separates the lot from the street.

2.    For a corner lot, the shortest lot line along a street (other than an alley) that separates the lot from the street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front.

Lot line, rear.

1.    A line separating one lot from another on the opposite side of the lot from the front lot line.

2.    In the case of an irregular or triangular-shaped lot, an imaginary lot line 10 feet in length shall be drawn within the lot parallel to and at the maximum distance from the front lot line.

3.    In the case of a double-frontage lot that is not a corner lot, there is no rear lot line.

Lot line, side. Any lot line that is not a front or rear lot line. An interior side lot line is a lot line separating more than one lot, or separating a lot and an alley. An exterior side lot line is a lot line separating a lot and a street other than an alley.

Lot of record. A 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 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 prior to zoning and partitioning regulations by deed or metes and bounds description, and recorded with the County Clerk.

Lot, through. A lot other than a corner lot with frontage on more than one street.

Lot width. The horizontal distance between side lot lines, measured at right angles to the lot depth. Average lot width is measured at the midpoints of opposite lot lines.

Manufacture or repackaging of goods for on-site sale. Small scale manufacturing use, limited to 5,000 square feet of building area, and commonly associated with general retail services where products are sold on site.

Manufactured dwelling. As defined in ORS 446.003, a residential trailer, mobile home or manufactured home.

Manufactured dwelling park. As defined in ORS 446.003, any place where four or more manufactured dwellings or prefabricated structures, as defined in ORS 455.010, that are relocatable and more than eight and one-half feet wide, are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

Manufactured home. As defined in ORS 446.003, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with Federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

Manufacturing of finished products (heavy industrial). Manufacturing, processing, or assembling of semi-finished or finished products from raw materials.

Manufacturing of finished products (light industrial). The manufacturing of finished products from previously prepared material (excluding raw materials).

Marginal access street. A local street or neighborhood route parallel and adjacent to an arterial street providing access to abutting properties, but protected from through traffic.

Massing. The overall size and shape of a structure or building.

Maximum disturbed area (MDA). The MDA, as measured in square feet, is the maximum area within a WRA that can be disturbed in hardship cases under Chapter 32 CDC, Water Resource Area Protection.

Medical and dental services. Establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment (including outpatient surgery), or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services, but excludes those classified as any civic use or group residential use types. Typical uses include: medical offices, eye care offices, dental offices and laboratories, or health maintenance organizations.

Middle housing. A type of housing that consists of duplexes, triplexes, quadplexes, townhouses, and cottage clusters as defined in ORS 197A.420.

Middle housing land division. The division of a lot or parcel of land that contains or is proposed to contain middle housing under the rules established in ORS 92.031.

Minor modification. A change in the approved design that is equal to or less than a 10 percent increase in the length, width or height of the facility. A change of location by under 20 feet laterally for any part of the structure, ramp, dock, etc., also constitutes a minor modification.

Mitigation. Mitigation is creating, restoring or enhancing WRAs (including wetlands) to replace or compensate for the WRA lost. Creation entails constructing a WRA in an area that never supported WRAs historically. Restoration entails re-establishing WRA hydrology and vegetation to sites that have lost most of their function and value such as a site that was historically a WRA but dried out by draining or filling. Enhancement entails improving an existing but degraded WRA by correcting the conditions that cause it to be degraded. This might include providing more water to the site or the removal of invasive plant species and replacement with appropriate native plant material and trees.

Mixed use development. A combination of different types of uses that are complementary and integrated. This refers to allowing residential and businesses to be located in the same area (e.g., apartments over shops or other businesses or apartments adjacent to grocery stores or other commercial establishments).

Mobile home. As defined in ORS 446.003, 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.

Mulch. Application of plant residue, netting, plastic, sheeting or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover. Plastic mulch may be used only temporarily, during construction activities.

Multiple family residential units. A structure containing five or more attached dwelling units in any vertical or horizontal arrangement and located on a single lot or parcel.

Native vegetation. Any vegetation native to the Portland metropolitan area or listed on the Metro Native Plant list as adopted by Metro Council resolution.

Natural resource. A functioning natural system such as a wetland or stream.

Natural resource area. The land containing the natural resource to be protected.

Negotiate. Any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation, and promotion of the sale of such land.

New construction. Structures for which the start of construction commenced on or after the effective date of this code.

Non-conforming lot. A lot or parcel which does not meet the requirements of the applicable zone in terms of required area, width, or depth.

Non-conforming structure or use. A lawful existing structure or use, at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

Non-conforming use of land. A lawful use of land which existed prior to the effective date of this code where the use involves no structure or building other than a single minor accessory structure of sign(s) and which would not be permitted by the applicable regulations of this code.

Nursery. The propagation of trees, shrubs, vines or flowering plants for transplanting, sale, or for grafting or budding; planting of seeds or cuttings; grafting and budding one variety on another; spraying and dusting of plants to control insects and diseases, and buying and selling the above plant stock at wholesale or retail. Seasonal labor may be employed. The term “nursery” contemplates the sale of products of the nursery. However, the use does not include the business of manufacturing and selling products composed of raw materials purchased off the premises. Plant-related products manufactured elsewhere may be resold on the premises.

Nursing home. A home, place or institution, or part thereof, in which convalescent and/or chronic care is rendered to two or more patients in exchange for compensation. Convalescent and/or chronic care includes, but is not limited to, the procedures commonly employed in nursing and caring for the sick; persons who are acutely ill or are surgical or maternity cases are excluded; qualified personnel and a consulting physician are available at all times; and isolation facilities are provided.

ODFW. Oregon Department of Fish and Wildlife.

Open space. Land that is undeveloped and that is planned to remain so indefinitely. The term encompasses parks, forests, and farm land. It may also refer only to land zoned as being available to the public, including playgrounds, watershed preserves, and parks.

Ordinary high water (OHW) mark (or “line”). The line on the bank or shore to which the water ordinarily rises in season. Also known as OHWM.

Ordinary low water (OLW) mark (or “line”). The line on the bank or shore to which the water ordinarily recedes in season. Also known as OLWM.

Owner. Any person, agent, firm, or corporation having a legal or equitable interest in the property.

Packaging and processing. The production, processing, assembling, packaging, or treatment of products from previously processed materials; or production, processing, assembling, and packaging of finished products from previously prepared materials.

Parcel. A unit of land that is created by a partitioning of land.

Parking facilities. Parking services involving garages and lots, and may exclude parking lots within the same lot of record of a particular development or use.

Parking space. A space as defined by the standards set forth in Chapter 46 CDC.

Parkway (parking strip). That portion of street right-of-way lying between the curb line of the improved roadway and the adjacent private property line.

Participant sports and recreation. Establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a non-recurring basis. The following are participant sports and recreation use types:

Participant sports and recreation, indoor. Those uses conducted totally within an enclosed building. Typical uses include: indoor tennis courts, racketball courts, swimming pools, or physical fitness centers.

Participant sports and recreation, outdoor. Those uses conducted in open facilities. Typical uses include: driving ranges, miniature golf courses, tennis courts or swimming pools.

Partition. Either an act of partitioning land or an area or tract of land partitioned.

Partition land. To divide land to create not more than three parcels of land within a calendar year.

Party. A person who has the right to pursue appeal or review of a decision of an approval authority.

Passive-oriented parks. Passive-oriented parks are more natural sites that provide trail-related recreation opportunities and passive outdoor activities such as wildlife watching, nature interpretation and picnicking. Accessory uses can also be (but not limited to) provided in this type of park, such as picnic areas, nature play features, trailheads, and environmental education facilities, provided they are accessory to the park’s passive uses. Amenities should be limited to those appropriate for the numbers and types of visitors the area can accommodate, while retaining its resource value, natural character, and the intended level of solitude.

Pedestrian way. A right-of-way for pedestrian traffic.

Permeable parking surface. A parking surface with proper base and subgrade preparation designed to incorporate pervious areas into paving systems, using either concrete or plastic products. A 100 percent gravel parking surface does not qualify as a permeable parking surface.

Permit. An official document issued by the City of West Linn authorizing performance of a specified activity.

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

Personal service facilities. Establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services. It includes uses such as photography studios, barbershops, salons, and fitness studios.

Petition for review. A review of a land use decision made by the Planning Commission or Hearings Officer.

Pilings. Plastic, wood, steel, or composite poles that are driven into, or otherwise attached to, the river bed to hold a dock in place or to support a pier.

Plat. The final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision which the subdivider submits for approval and intends in final form to record.

Postal services. Mailing services and processing as traditionally operated or leased by the United States Postal Service, United Parcel Service and other postal services.

Potentially severe erosion hazard area. Surface areas where erosion can be easily caused by removal of vegetation cover, stripping topsoil or by placement of fill, whether by natural causes such as streams or surface runoff or by development activities. The placement of any new fill or severe cuts in such an area shall be considered as creating a potentially severe erosion hazard.

Potentially severe landslide hazard area. Areas where earth movement or failure, such as slumps, mud flows, debris slides, rock falls or soil falls, is likely to occur as a result of development activities. These activities include excavation which removes support of soils by changes in runoff, or groundwater flow or vibration loading such as pile driving or blasting.

Practicable. Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose.

Pre-application conference. A meeting between City staff and a prospective applicant, who is not necessarily the property owner but has the written permission of the property owner to schedule the conference, prior to the submittal of an application for a development permit.

Prefabricated structure. As used in this code, a prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-family dwelling.

Preference rights. The preference rights area represents the water surface that is allocated to each riverfront property owner by the Department of State Lands (DSL). Starting with the center thread of the river, DSL extends lines at right angles from that thread towards the OHW mark of the respective properties along the shoreline. (Because the thread of the river twists and turns, the line extending to shore can vary also in its angle.) The area within the preference rights area that the applicant may place their water-dependent structure (e.g., dock) is called the authorized area. (Also see “Authorized area” definition.)

Previously disturbed areas (PDA). Areas, such as old driveways, trails, gardens, graded areas, old abandoned structural foundations, storm water outfalls and intakes, manholes, utilities, etc. that existed and were altered or modified before January 1, 2006, typically as a result of clearing, grubbing, grading, excavation or construction whereby the topography, ground cover and vegetation have been modified from their original or natural state and not re-established or returned to their natural state. The burden shall be on the applicant to date the PDA through photographs or other credible evidence. The PDA definition applies to Chapter 32 CDC and is distinct and separate from temporarily disturbed areas (TDAs) and maximum disturbed areas (MDAs).

Principal structure. The structure that represents the main use of the property; to which all other structures on the property serve an incidental or subordinate purpose.

Private railed launch facilities. These are rail lines that usually extend from an on-shore boat storage facility above OHW, across the beach and into the water below OLW for the purpose of launching a boat.

Private street. An accessway which is under private ownership.

Professional and administrative services. Offices of private firms or organizations which are primarily used for the provision of professional, executive, management, or administrative offices, legal offices, architectural or engineering firms, or real estate firms.

Property line. The division line between two units of land.

Property line adjustment. The relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

Protected water feature. A wetland identified in the West Linn Local Wetlands Inventory or any major or minor open channel drainageway identified by the most recently adopted West Linn Surface Water Management Plan, except for small manmade open roadside drainage swales in residential areas, or any drainage course identified by the West Linn Riparian Corridor Inventory as significant (not including the Willamette or Tualatin Rivers).

Protection area. Collective term to describe areas within the Willamette River Greenway boundary and/or Tualatin River Protection Area boundary.

Provision of electric vehicle service capacity. Refers to service capacity for charging electric vehicles in newly constructed buildings, consistent with ORS 455.417.

Public right-of-way. The area between the boundary lines of a street, pedestrian way or bicycle path.

Public safety facilities. Providing protection pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

Public support facilities. Public services that deal directly with citizens, to include meeting and hearing rooms, together with incidental storage and maintenance of necessary vehicles, and exclude commercial use type “professional and administrative services.” Typical use types are associated with governmental offices.

Quadplex residential units. Four attached or detached dwelling units on a lot or parcel in any configuration.

Quasi-judicial action. An action which involves the application of adopted policy to a specific development application or amendment, as provided in this chapter.

Reasonable use. Uses, similar in size, intensity and type, to uses allowed on other properties in the City, that have the same zoning designation as the subject property.

Recreational vehicle. A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Rectilinear. Formed or bounded by straight lines.

Recycle collection center (civic). A place where recyclable materials are deposited by the residents and sorted for transport to processing plants. Yard debris depots shall also fall into this classification. (Yard debris is organic material: leaves, grass clippings, weeds, etc.)

Recycling collection center (commercial). A facility where glass, cans, and papers, or similar recyclable materials are collected for the purpose of being transferred to a paper salvage or recycling facility.

Referee. An individual or group appointed by the City to decide the appeal of an expedited land division and/or a middle housing land division. A referee may not be an employee or City official.

Religious institutions. A building constructed or utilized primarily for worship, together with its accessory uses, and buildings where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain worship.

Remodeling. The alteration of the physical condition of more than 50 percent of the floor area of an existing structure. Remodeling does not include normal maintenance or repair.

Renovate. To restore to a former better state by cleaning and repairing in-kind.

Research services. Establishments primarily engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis. Typical uses include: electronics research laboratories, environmental research and development firms, or pharmaceutical research labs.

Residential facility. A facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.460 which provides residential care alone or in conjunction with treatment or training, or a combination thereof, for six to 15 individuals who need not be related. Staff persons required to meet Department of Human Resources 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.

Residential home. A home licensed by or under the authority of the Department of Human Resources under ORS 443.400 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. This definition includes facilities categorized as “adult foster homes” under ORS 443.700 to 443.825. Staff persons required to meet the Department of Human Resources 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.

Restoration. The process of returning a disturbed or altered area or feature to a previously existing natural condition. Restoration activities reestablish the structure, function, and/or diversity to that which occurred prior to impacts caused by human activity.

Review. A request that a final decision by the initial approval authority be considered by a higher authority as set forth in Chapter 99 CDC.

Riparian. Those areas associated with streams, lakes, and wetlands where vegetation communities are predominately influenced by their association with water.

Riparian corridor. Any area within and adjacent to a WRA on the West Linn WRA Map for its vegetative, forested and habitat values.

Riparian vegetation. Plants native to the riparian areas.

Roadway. The portion of a street right-of-way developed for vehicular traffic.

Rough proportionality. The allowed relationship between an exaction imposed to comply with a City code standard and the impact of the proposed development that is alleviated through imposition of the exaction. The measure of rough proportionality involves the following steps:

1.    Identify the public problem caused or exacerbated by the proposed development which the proposed exaction is designed to address.

2.    Measure the impact of the proposed development upon the identified public problem.

3.    Analyze how the proposed exaction solves or alleviates the identified public problem.

4.    Analyze the proportionality of the proposed exaction to that part of the problem created or exacerbated by the proposed development.

Routine repair and maintenance. Activities directed at preserving an existing allowed use or facility, without expanding the development footprint or site use.

Schools. Public, private or parochial place or institution for teaching or learning. Typical uses include elementary, junior and senior high schools and related uses; excluding trade and business schools and colleges.

Scrap operations, salvage. Places of business primarily engaged in the storage, sale, dismantling, or processing of used or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yards, junk yards, or paper salvage yards.

Sediment. Any organic or mineral material that is in suspension, is being transported or has been moved from its site of origin by water, wind, or gravity as a product of erosion.

Senior center. Facility that provides meetings and activity space primarily for senior citizens. Ancillary uses that support the senior center are also permitted.

Senior citizen/handicapped housing facilities. Living facilities for seniors and/or persons with disabilities which provide living units, congregate dining, recreational facilities and other services and requiring 24-hour staffing assistance.

Sidewalk. A pedestrian walkway with permanent surfacing built to City standards.

Significant tree. A tree with a minimum of six-inch DBH for Oregon white oak, Pacific madrone, and Pacific dogwood, and 12-inch DBH for all other tree species. If the tree splits into multiple trunks above grade but below breast height, the diameter shall be determined by adding the total diameter of all trunks two inches or greater DBH.

Significant tree cluster. Three or more significant trees with overlapping driplines.

Single-family attached residential units. Two or more dwelling units attached side by side with some structural parts in common at a common property line on separate lots or parcels. This may be further defined as a duplex, triplex, or quadplex.

Single-family detached residential units. One dwelling unit, freestanding and structurally separated from other dwelling units or buildings, located on a lot or parcel. This may be further defined as a duplex, triplex, or quadplex. Prefabricated structures, as defined in this chapter, are considered single-family detached residential units.

Slope. Measurement of the deviation of a non-level land feature from the horizontal, measured as a percent calculated as maximum rise divided by minimum horizontal run. Example: a rise of one foot divided by a run of 10 feet equals slope of 10 percent. Slope shall be measured in intervals corresponding with slope analysis requirements in the Community Development Code. Slope shall be measured at a right angle from the mapped elevation interval lines.

Slope determination (for WRAs). Slope (e.g., rise over run) is the average slope in the first 50 feet as measured at right angle from the OHW mark or outer edge of wetland.

Soil infiltration. The process by which water on the surface enters the soil and replenishes below ground water tables.

Start of construction. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings, or any work beyond the stage of excavation. Permanent construction does not include land preparation such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a structure (other than manufactured home) 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 homes not within a manufactured home subdivision, “start of construction” means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home subdivisions, “start of construction” is the date on which the manufactured home 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.

Stealth designs. The use of structures, etc., to accommodate and conceal a WCF, particularly as it may be seen from the adjoining right-of-way. An example would be the use of a cupola or clock tower to hide a WCF. Stealth designs can be either inside or outside a building.

Story. 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. If the finished floor level directly above a basement or unused under floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter, or is more than 12 feet above grade as defined herein at any point, such basement or unused under floor space shall be considered as a story.

Story, first. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point.

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 such story.

Stream. A body of water with a current or flow confined within the OHW mark. (See also ephemeral stream or water resource.)

Stream centerline or thread. The starting point of measurement for ephemeral streams which often lack an identifiable OHW mark.

Street. A public or private right-of-way whose primary function is to carry vehicular traffic or provide vehicular access to abutting property, and that may allow access for pedestrians and bicycles. For purposes of this code, facilities with other names meeting this definition (such as “road,” “highway,” “lane,” “avenue,” “alley,” “place,” “court,” “way,” “circle,” or “drive”) are also considered streets.

Street improvements. Typically includes sidewalk, planter strip, curb, gutter, drainage, and pavement improvements in the public right-of-way when conditioned as part of property development.

Stripping. Any activity which disturbs vegetated or otherwise stable soil surface, including clearing and grubbing operations.

Structure. Anything built or constructed.

Subdivide land. To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.

Subdivision. Either an act of subdividing land or an area or a tract of land subdivided as defined in this chapter.

Substantial construction. An approved application shall have undertaken substantial construction when any of the following have taken place: utilities have been installed to serve the project; approved grading has been undertaken representing at least 25 percent of all the required preliminary grading; foundation excavation has occurred; foundation or building construction has occurred; street improvements are being installed; or a major physical improvement, required as part of the approved permit, has clearly begun. Substantial construction is not satisfied by simply having approved pre-construction plans or building permits, or by site clearing and grubbing. Actual physical improvements as identified above must have taken place.

Substantial damage. Within the flood management area, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before damage occurred.

Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Super stores. Large box-like or monolithic retail and associated commercial use structures of 40,000 square feet or more in size. Stores over 40,000 square feet that are broken up into separate and distinct architectural buildings or separate and distinct elements, but still under the same ownership or operated by the same company, are also defined as super stores.

Temporarily disturbed areas (TDA). Area impacted by clearing, grubbing, grading, excavation, storage of building materials, building equipment, construction activity or other temporary activity whereby the area is modified from its original state but is subsequently fully restored in terms of soil character and grades and re-vegetated. TDAs will not have any new structures or other physical improvements built on them, but they may have buried utilities approved consistent with Chapter 32 CDC. The TDA definition is distinct and separate from disturbed areas, PDAs and MDAs. TDAs shall not include significant trees or wetlands that cannot be replicated in a timely way through restoration.

Temporary use. A use which, by its nature, will last under two years, with the exception of drop boxes and structures/trailers serving a similar function and construction related uses and facilities. Examples of temporary uses include, but are not limited to: uses associated with the sale of goods for a specific holiday, activity or celebration, such as the sale of Christmas trees and fireworks; uses associated with construction; seasonal uses, such as the sale of fresh fruits, produce, and flowers; uses associated with festivals, celebrations or special promotional events; a real estate office within a development limited to the sale of real estate in the development; and portable outdoor storage units or similar structures as are typically used for storing items in conjunction with a move, minor remodel or construction project. Temporary uses do not include businesses seeking a temporary or interim location.

Through street. A street that connects two or more streets.

Townhouse. A dwelling unit that is part of a row of two or more attached dwelling units, where each unit is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling unit.

Townhouse project. One or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.

Tract. A lot or parcel, or more than one contiguous lot or parcel, in a single ownership.

Trailhead. A trail access point as identified in the Comprehensive Plan. The purpose of the trailhead is to provide access to a trail and trail information, and to provide parking for trail users that do not live in the immediate area of the trail, or choose to arrive by automobile.

Transition area. The land around the edge of the natural resource area that constitutes a buffer, or transition, to protect the resource from conflicting development and activities.

Transportation facilities. Facilities and amenities that are used for transporting people and goods. Typical uses include streets, highways, sidewalks, transit stops and stations, bicycle and pedestrian facilities, bike lanes, and operation, maintenance, preservation, and construction of these facilities. There are two classifications of transportation facilities (Type I and Type II):

1.    Transportation facilities (Type I) are those which are designated in the adopted TSP or are part of an approved, active development order. Type I facilities are permitted uses in all zoning districts.

2.    Transportation facilities (Type II) are those which are not designated in the adopted TSP or part of an approved, active development order. Type II transportation facilities are allowed in all zoning districts subject to conditional use approval and the additional criteria of CDC 60.090.

Transportation System Plan (TSP). A component of West Linn’s Comprehensive Plan that describes the City’s transportation system and outlines projects, programs, and policies to meet the City’s needs now and in the future based on the community’s aspirations. All references in this code to the “adopted Transportation System Plan,” “current Transportation System Plan,” “Transportation System Plan,” “adopted TSP,” “current TSP,” or “TSP” shall refer to the City of West Linn’s 2016 Transportation System Plan, as amended and updated.

Tree. A woody perennial plant usually having one dominant trunk, the capacity to achieve a mature height greater than 16 feet, and primarily referred to as a tree in scientific literature.

Triplex residential units. Three attached or detached dwelling units on a lot or parcel in any configuration.

Types of land. Lands are categorized into one of four types (I, II, III or IV), depending on their features including slope, drainage and geology. In considering slope of the site, lands shall be classified into the steepest category for which they qualify.

Type I lands. Lands that have severe constraints that preclude the use of standard development techniques and technical criteria. Type I lands exist in one or more of the following areas:

1.    Slope: Land that has slopes of 35 percent or more, as shown on the RLIS topography GIS layer.

2.    Drainage: All lands within the designated floodway as shown on the appropriate FEMA flood panel.

3.    Geological hazard: All landslide areas shown on the City’s Natural Hazard Mitigation Plan (“NHMP”) and identified as “landslide potential exists” on Map 16 of the NHMP, or areas outside Map 16, but within Map 17, Landslide Vulnerable Analysis Area.

Type II lands. Lands which have constraints that are sufficient to preclude most standard types of development. Constraints in these areas generally do not constitute a health or safety hazard, but require the use of non-standard technical design criteria. Type II lands exist in one or more of the following areas:

1.    Slope: Land that has slopes over 25 percent, as shown on the RLIS topography GIS layer.

2.    Drainage: All drainage courses identified on the water resource area maps or areas identified as protected Goal 5 Wetlands, and areas outside the floodway, but within the floodway fringe, also known as the 100-year floodplain.

3.    Geology: All known mineral and aggregate deposits identified on the Comprehensive Plan map as protected Goal 5 resources.

Type III lands. These lands are considered within the major portion of the City’s developable lands. Standard development criteria can be applied through normal implementation measures. Type III lands have slopes over 10 percent, as shown on the RLIS topography GIS layer.

Type IV lands. These lands are considered to have few, if any, constraints to development and are within the major portion of the City’s developable lands. Normal development standards will apply in these areas. Type IV lands have slopes 10 percent or under, as shown on the RLIS topography GIS layer.

Unhealthy or disturbed state. Defines an area of a WRA that is dominated by non-native vegetation and/or grading which is an appropriate candidate for restoration to its natural condition.

Unlisted use. A use that is not listed as either a use permitted outright or a conditional use in a particular zone.

Urgent care. A facility which provides emergency medical care on a non-appointment basis, but does not have overnight sleeping facilities.

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

Utilities. All lines, facilities and services related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity, or similar service. There are two classes of utilities – major and minor:

Utility, major. A major utility facility or service includes, but is not limited to: a substation; pump station; water storage tank; sewerage treatment plant; water treatment plant; and transmission lines for water, drainage or sewerage collection systems, gas or electric, or other similar use.

Utility, minor. A minor utility facility or service includes, but is not limited to: overhead or underground electric, telephone or cable television poles and wires, and distribution lines for electric, gas, water, drainage or sewerage collection systems, or other similar use.

Variance. A discretionary decision to permit modification of the terms of an implementing ordinance based upon specific findings delineated in the Community Development Code. No variance shall violate regulations mandated by the Oregon Revised Statutes or Oregon Administrative Rules.

Vehicle fuel sales. Establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with incidental sale of tires.

Walkway/boardwalk. A floating or non-floating platform that either provides pedestrian access along a shoreline or within a riparian area; it may also act as a bridge between two bodies of land.

Water-dependent uses. Any use that requires access to, or use of, the rivers.

Water resource area (WRA). Any water resource or riparian area identified in the West Linn WRA Map and the adjacent area of varying widths, established pursuant to Chapter 32 CDC, in which development activities are restricted in order to protect the functions and values of the associated water resource (see graphic below).

Water resource area transition and setback area. The land adjacent to the protected water feature that constitutes a buffer, or transition, to protect the resource from conflicting development and activities.

Water resource (or feature). Any stream or wetland identified on the West Linn WRA map.

Wetlands. Those areas 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. Wetlands are also defined by the subcategories of “high quality wetlands” and “locally significant wetlands.”

Wholesale, storage, and distribution. Establishments or places of business primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types:

Wholesaling, storage and distribution (heavy industrial). Open air storage, distribution, and handling of materials and equipment. Typical uses include monument or stone yards, or grain elevators.

Wholesaling, storage and distribution (light industrial). Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms.

Wholesale, storage, and distribution, mini-warehouses. Storage and warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store materials for operation of an industrial or commercial enterprise located elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale business, or service use.

Spaces shall not be used for workshops, hobbyshops, manufacturing, or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials.

Willamette River Greenway Area. The area designated by the City of West Linn Comprehensive Plan as within the Willamette River Greenway and thus subject to the provisions of Goal 15 (Willamette Greenway) of the Oregon Statewide Planning Program.

Wireless communication facility (WCF). An unstaffed facility for the transmission or reception of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet, or other enclosed structure containing electronic equipment, a support structure, antennas, or other transmission and reception devices. It may also include stealth designs.

Wireless communication facility (WCF), attached. A wireless communication facility that is affixed to an existing structure; e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole. It cannot include an additional new wireless communication support structure.

Wireless communication support structure. A new structure, tower, pole, or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles, and guyed towers.

Yard. A required area of land unoccupied and unobstructed by any structure that is 30 inches or more above the general ground level, with the exception of fences, walkways/staircases, retaining walls, poles, posts, customary yard accessories, appurtenances, ornaments, furniture and accessory structures or uses permitted subject to the provisions of this code. (See Figure A below.)

Figure A

Yard, front. A yard between side lot lines and measured horizontally at right angles to the front lot line from the lot line to the nearest point of the building. In the case of flag lots, the front yard may either face an adjacent street right-of-way or the access driveway along the flag lot stem. The front of the house or dwelling faces the front yard. (See Figure B.)

Figure B

Yard, rear. A yard between side lot lines or between a street side yard and opposite side lot line and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building. The rear of the house or dwelling faces the rear yard. In the case of corner lots, the rear yard is not always on the opposite side of the house or dwelling as the front yard. (See Figure A.)

Yard, side. A yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the building. The side of the house or dwelling faces the side yard. (See Figure A.)

Yard, side street. For dwellings or homes on corner lots, this is the yard on the side of the house that faces a street right-of-way and does not include the front of the house or front yard. (See Figure A). (Ord. 1604 § 2, 2011; Ord. 1613 § 1, 2013; Ord. 1614 § 1, 2013; Ord. 1622 §§ 22, 29, 2014; Ord. 1623 § 2, 2014; Ord. 1635 § 3, 2014; Ord. 1636 § 3, 2014; Ord. 1647 § 1, 2016; Ord. 1655 § 1, 2016; Ord. 1662 § 1, 2017; Ord. 1675 § 1, 2018; Ord. 1686 § 1, 2018; Ord. 1694 § 1, 2019; Ord. 1732 § 2 (Exh. A), 2022; Ord. 1735 § 2 (Exh. A), 2022; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1739 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1754 § 1 (Exh. A), 2024; Ord. 1755 § 1 (Exh. A), 2024; Ord. 1763 § 1 (Exh. A), 2025)

As used in this code, the following acronyms and abbreviations reference the statute, agency, organization or item indicated:

(Ord. 1745 § 1 (Exh. A), 2023)