As used in this title:
"A-frame or sandwich sign"means an advertising device which is ordinarily two-sided and in the shape of an "A" or some variation thereof, located on the ground and not permanently affixed.
"Access"means the way or means by which pedestrians and vehicles enter and leave property.
"Alley"means a minor way for secondary access to properties which abut other streets.
"Alter"means any change, addition or modification of construction or occupancy of a building or structure.
"Amendment"means a change in wording, content or substance of this title, or a change in the zone boundaries or area district boundaries upon the zoning map.
"Apartment hotel"means a building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units, but excluding all facilities coming within the definition of "bed and breakfast facility."
"Apartment house"means a building or portion thereof designed, built, rented, leased, let or hired out to be occupied, or which is occupied or is the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include flats and apartments.
"Automobile service station"means a premises used for supplying direct to the consumer at retail: gasoline, oil, minor accessories and services for automobiles.
"Awning"means a movable shelter supported entirely from the exterior wall of a building and of such a type which can be retracted, folded or collapsed against the face of a supporting building.
"Awning, manufactured dwelling"means any stationary structure, permanent or demountable, used in conjunction with a manufactured dwelling, other than a window awning, for the purpose of providing shelter from the sun and rain, and having a roof with supports and not more than one wall or storage cabinet substituting for a wall.
"Banner"means a non-rigid sign designed to be hung either with or without a frame.
"Basement"means a story partly or wholly underground.
"Beach"means gently sloping areas of loose material (e.g., sand, gravel, and cobbles) that extend landward from the low-water line to a point where there is a definite change in the material type or land form, or to the line of vegetation.
"Bed and breakfast facility"means any single-family dwelling containing rooms for rent in accordance with Section
9.72.050 of YMC, excluding any dwelling that meets the definition of "dwelling, vacation rental."
"Block"means an area of land which may be bounded on all sides by streets, unsubdivided land, water courses, or any combination thereof.
"Boundary line"means the line defining the perimeter of a lot, parcel, area or tract of land.
"Boundary line, front line"means the boundary line separating the lot or parcel from the street, other than an alley. In the case of a corner lot or parcel, the shortest boundary line along a street, other than an alley; or, in the case of a lot or parcel which does not front directly upon a public street, that line toward which most houses in the immediate area face.
"Boundary line, rear line"means a boundary line which is opposite and most distant from the front line. In the case of an irregular, triangular, or other shaped lot or parcel, a line a minimum of 10 feet in length, within the lot or parcel parallel to and at a maximum distance from the front line.
"Bridge crossing"means the portion of a bridge spanning a waterway or wetlands, not including supporting structures or fill.
"Building"means a structure built or assembled for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
"Building Code"means building, fire, safety, and other codes adopted by State, County and municipal agencies.
"Building coverage"means the portion of the lot area that is covered by buildings. The area of the buildings shall be measured at their exterior perimeter. Buildings include dwellings, accessory structures, garages and carports.
"Built"means created by assembling basic elements such as foundations, floors, walls, roofs, plumbing and wiring systems, etc., by following step-by-step construction procedures.
"Business"means a commercial enterprise carried on for profit.
"Cabana"means a stationary, lightweight structure, which may be prefabricated, or demountable, with two or more walls, used adjacent to and in conjunction with a manufactured dwelling to provide additional living space meant to be moved with the manufactured dwelling.
"Canopy"means a structure other than an awning made of cloth, metal or other material with a frame attached to the building and also supported by a frame on the ground.
"Carport"means a stationary structure consisting of a roof with its supports and not more than one wall or storage cabinet substituting for a wall and used for sheltering a motor vehicle.
"Cemetery"means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum or mortuary when operated in conjunction with and within the boundary of such cemetery.
"Church"means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which is maintained and controlled by a religious body organized to sustain public worship.
"City"means the incorporated City of Yachats, Oregon.
"Clear vision area"means a triangle defined on two sides by a minimum distance along vehicle pathways from the intersection of the curb line or, where no curb exists, the edge of the street, alley, or driveway surface edge, and on the third side by the line across the corner of the non-intersecting ends of the two other sides. See the regulations of Section
9.64.010(A) of this title.
"Clinic"means a building utilized by persons licensed by the State of Oregon to treat or analyze medical or surgical needs of humans.
"Club"means any organization, group or association supported by the members thereof, the purpose of which is to render a service, but not carried on as a business.
"Common property"means a lot(s) together with the improvements thereon, the use and enjoyment of which are shared by owners and occupants of individual building sites in a planned unit development or standard subdivision.
"Community center"means a facility owned and operated by a governmental agency or a nonprofit community organization, provided that the primary purpose of the facility is for recreation, social welfare, community improvement, or public assembly, and further provided that no permanent commercial eating or drinking facilities shall be operated on the premises.
"Comprehensive plan"means the comprehensive land use plan of the City of Yachats. This plan is the document which: (1) interrelates functional and natural systems and activities related to the use of land and water; and (2) is adopted, reviewed and refined by the City as a guide to growth and improvement within the City.
"Condominium"means a system of ownership under which one may own an individual unit in an apartment or other building complex and share in the ownership of common elements such as the land; also refers to the buildings that are owned under such a system.
"County"means the County of Lincoln, Oregon.
"Cutoff angle (of a luminaire)"means the angle, measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare source is not visible.
"Day care center"means an institution, establishment or place not a part of the public school system, other than a family day care provider, in which are commonly received at one time five or more children not related by parentage to the provider of the day care service, 14 years of age or under, for the purpose of being given board, care or training, apart from their parents or guardians for compensation or reward.
"Day nursery"means any institution, establishment or place, other than a family day care provider, in which are commonly received at one time three or more children not of common parentage, under the age of six years, for the purpose of being given board, care or training apart from their parents or guardians for compensation or reward.
"Deck"means an unenclosed structure or platform, constructed outdoors, that may either be independent or attached to a building and is intended for the purpose of outdoor dining, lounging, and other similar accessory use.
"Deed restrictions"means a private, contractual agreement to limit the use (e.g., building height) of real property; a deed covenant. The City assumes no responsibility for enforcement of covenants and restrictions between private parties.
"Design"means the design of any street or alley alignments, grade or width, alignment of width of easements and rights-of-way for drainage or irrigation purposes and sanitary facilities, and lot area, width or layout.
"Development"means work done on any site resulting in physical changes to that site, including, but not limited to, grading and/or excavation, vegetation removal and/or any construction or placement of facilities on that site.
"Dock for marina use"means a floating moorage facility constructed perpendicular or parallel to the shoreline.
"Dredging"means the removal of materials from a wetland or body of water for channel deepening, realignment, boat basin or other uses.
"Driveway"means a minor private way used by vehicles and pedestrians on a lot or for common access to a small group of lots or common facilities.
"Dwelling"means a building or portion thereof which is occupied in whole or in part as a residence, either permanently or temporarily, by one or more families, but excluding hotels, motels, and resorts, with permanent provision for living, sleeping, eating, food preparation, and sanitation. Dwellings include both buildings constructed on site and manufactured homes.
"Dwelling unit"means one or more rooms designed for permanent occupancy by one family and having not more than one kitchen facility.
Dwelling, Single-Family."Single-family dwelling" means a building designed or used exclusively for the occupancy of one family and having kitchen facilities for only one family.
"Dwelling, vacation rental"means a single-family dwelling, duplex, or multifamily dwelling which is rented, or held out as available for rent, either in full or in part, for periods of less than 30 days, such as by the day or week, excluding any facility that meets the definition of "bed and breakfast facility." The dwelling may consist of individual units or be in a contiguous form to be considered a vacation rental dwelling but each individual unit is to be considered separately for licensing and regulation purposes in accordance with Chapter
4.08 of YMC.
"Easement"means a right of usage of real property granted for a specific purpose by an owner to specific persons, firms, corporations, or the public.
"Erect"means to build, construct, attach, hang, place, suspend or affix; in the context of signs, shall also include the painting of wall signs.
"Estuarine enhancement"means an action which results in a long-term improvement of existing estuarine functional characteristics and processes that is not the result of a restoration action or the creation of additional estuarine habitat. This activity may include snag removal.
"Estuary"means the body of water from the ocean to the head of tidewater that is partially enclosed by land and within which salt water is usually diluted by fresh water from the land, including all associated estuarine waters, tidelands, tidal marshes and submerged lands.
"Existing grade"means the existing condition of the elevation of the ground surface at the time of permit application and which represents: (1) the natural grade prior to placement of fill on the site or the excavation or removal of earth from the site; or (2) the manufactured grade following the completion of an approved grading operation including grading approved in conjunction with the subdivision of a site.
"Expando"means a room or rooms that folds, collapses or telescopes into a manufactured dwelling during transport and which can be expanded at the site to provide additional living space.
"Factory built dwelling"means a dwelling unit built substantially or entirely at a place other than the residential site, meeting County and State building code requirements, and including prefabricated or modular homes and excluding manufactured dwellings.
"Family"means an individual or two or more persons related by blood, marriage, adoption or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons; or a group of not more than three unrelated persons, living together as one housekeeping unit using one kitchen.
"Family day care provider"means a day care provider who provides day care in the provider's home in the family living quarters to no more than 12 children including children of the provider, regardless of full-time or part-time status.
"Fence"means an unroofed barrier or an unroofed enclosing structure such as masonry, ornamental iron, woven wire, wood pickets of solid wood or any other material used as an unroofed barrier to light, sight, air or passage.
Fence, Sight-Obscuring."Sight-obscuring fence" consists of either a continuous fence, wall, evergreen planting, or combination thereof, constructed and/or planted so as to effectively screen the particular use from view.
"Fill"means the placement by man of sand, sediment or other material, usually in submerged lands or wetlands, to create new uplands or raise the elevation of land.
"Finished grade"means the final grade of the site after all clearing and grading has been completed that conforms to an approved clearing and grading plan.
"Flag lot"means a lot meeting minimum lot area depth and width requirements, excluding the access portion of the lot.
"Floodlight"means a light that produces up to 1,800 lumens and is designed to "flood" a well-defined area with light.
"Floor area"means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including:
1. Uncovered steps or fire escapes;
2. Accessory water towers or cooling towers;
3. Accessory off-street parking or loading spaces.
"Foot-candle"means a measure of luminance or a measure of how bright a light appears to the eye. One foot-candle is equal to one lumen per square foot. As an example, a 60 watt incandescent light (800 lumens) produces an illuminance of 0.1 foot candle at a distance of about 25 feet.
"Formula business"means a business that is required by contractual or other arrangement to adhere to prescribed standards and features, particularly for exterior color schemes, signs or architectural design.
"Garage"means a building or portion thereof in which a motor vehicle is stored, repaired or kept.
Garage, Private."Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles in which no business, occupation or service is provided for or is in any way conducted.
Garage, Public."Public garage" means a building, other than a private garage, used for the care, repair or equipping of motor vehicles, or where such vehicles are parked or stored for compensation, hire or sale.
"Geologic hazard"means a geologic condition that is a potential danger to life and property which includes, but is not limited to, earthquakes, landslides, erosion, liquefaction, fault displacement, and subsidence.
"Geoprofessional"refers to a registered geologist, certified engineering geologist, professional engineer, and geotechnical engineer.
1. Registered geologists (RG) provide geologic maps and documents and are licensed by the Oregon State Board of Geologist Examiners (OSBGE).
2. Certified engineering geologists (CEG) provide engineering geologic reports and are licensed by the Oregon State Board of Geologist Examiners (OSBGE).
3. A geotechnical engineer (GE) is a professional engineer (PE) with the specific training, expertise, and experience to qualify as a geotechnical engineer (GE). GEs provide geotechnical engineering reports and are licensed by the Oregon Board of Examiners for Engineering and Land Surveying (OSBEELS).
"Glare"means a light that causes a visual impairment sensation due to excessive brightness from the light source and can interfere with one's ability to see. See Figures 2 and 3 in Section
9.42.020.
"Grade"means the elevation of the ground at the midpoint from all corners of a building, post construction.
"Hardscape"means permanent hard landscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.
"Hedge"means typically vegetation planted for the purpose of serving as a boundary, buffer, or divider between areas, for landscaping or privacy.
"Height of building"means the maximum vertical height of a building or structure measured from average finished grade to the highest point of a building or structure. (See Section
9.52.171 of the YMC for determining the height of a building.)
"High intensity lighting"means lamps which produce visible light directly by the electrical heating or excitation of a gas. Examples of such lighting include, but are not limited to, metal halide, high-pressure sodium, low-pressure sodium and mercury vapor.
"High water line or mark"means the high water elevation as shown on the County Assessor's records, or as determined by the County Surveyor, based upon the line where normal high water elevation results in a pronounced change in vegetation characteristics.
"Home occupation"means a business, profession or other economic activity conducted full or part-time in the principal residence and/or accessory structure of the person conducting the business.
"Homeowners association"means an incorporated, nonprofit corporation to operate under recorded land agreement through which: (1) each lot owner in a planned unit development or other described land area is automatically a member; and (2) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities such as maintaining a common property.
"Homes for the aged or infirm"means any home or institution, other than a residential home or residential facility, that provides board and domiciliary care for compensation to three or more persons who are of the age of 65 years or more, or persons less than 65 years, who by reasons of infirmity, require domiciliary care.
"Hostel"means transient lodging where a traveler typically rents a bed in a shared room with communal bathrooms and access to shared kitchen facilities.
"Hotel"means any building used for lodging other than a motel or resort, containing six or more guest rooms available for rent on a short-term [30 or fewer days]. The building has a lobby and check-in area and is designed with interior corridors for accessing rooms without being outside. Guest rooms may include kitchen facilities, and guest amenities may include pool, gym, lounge, and accessory commercial uses such as restaurants, bars, gift shop, or day spa.
"Illumination, external"means illumination of a sign by an artificial source of light not contained within the sign itself.
"Illumination, internal"means illumination of a sign by an artificial source of light contained within the sign itself, including neon or other gas-filled light.
"Impervious surface"means a surface that has been compacted or covered with a layer of material so that it prevents or is resistant to the infiltration of water, including, but not limited to, structures such as roofs, buildings, storage sheds; other solid, paved, or concrete areas such as streets, driveways, sidewalks, parking lots, patios, decks, porches, tennis or other paved courts; or athletic playfields comprised of synthetic turf materials.
"Impervious surface ratio"means a measure of the intensity of the use of a piece of land. It is measured by dividing the total area of all impervious surfaces within a site by the gross lot area.
Inn.Synonymous with hotel or motel.
"Interpretation"means that the provisions of this title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any other provisions of this title are less restrictive than comparable conditions imposed by any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern. The only exception would be a planned unit development (P.U.D.).
"Junk yard"means any property utilized for breaking up, dismantling, sorting, storing, distributing, buying or selling of any scrap, waste material, junk or used equipment or machinery of any nature.
"Landscape"means to improve or ornament by landscape architecture or gardening appropriate to the scale of the development.
"License"means a certificate for operation issued by the City pursuant to any City ordinances.
"Light industrial"means a business that manufactures, fabricates, or assembles goods and that occupies less than 6,000 square feet.
"Light trespass/trespass lighting"means any light emitted from an outdoor luminaire that either shines directly beyond the property on which the luminaire is installed or indirectly shines beyond the property on which the luminaire is installed at a brightness that exceeds 0.1 foot candle at 25 feet from the light source or at the property line, whichever is more restrictive. See Figure 4 in Section
9.42.020.
"Lighting source height"means the distance from finished grade to the top most portion of any light emitting source (e.g., lamp, surface or lens).
"Loading space"means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
"Lot"means a unit of land that is created by a subdivision of land.
"Lot area"means the total area within the lot lines of a lot measured on a horizontal plane.
"Lot depth"means the average horizontal distance between the front lot line and the rear lot line.
"Lot line, front"means the property line separating the lot from the street, other than an alley. In the case of a corner lot, the shortest property line along a street other than an alley; or, in a case where the lot does not front directly upon a public street, that lot line toward which most houses in the immediate area face.
"Lot line, rear"means the property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line 10 feet in length, within the lot, parallel to and at a maximum distance from the front lot line.
"Lot width"means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
"Lot, corner"means a lot abutting on two or more streets, other than an alley, at their intersection.
"Main building"means a building within which is conducted the principal use permitted on the lot, as provided by this title.
"Maintenance and repair (estuarine areas)"means the work of keeping an existing structure or facility in good working order or in conformance with current engineering or building codes, or of restoring a structure or facility to sound condition after damage or injury. Maintenance and repair is confined to the same geographic area as the existing structure or facility, and does not result in an increase in floor area or surface area. Replacement of bridge crossing support structures and bridge approach ramps may be considered a form of maintenance if the resulting bridge support structure or ramp is the minimum size necessary to accommodate the same number of traffic lanes as exist on that portion of the highway.
"Manufactured dwelling"means:
1. A residential trailer, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962;
2. A mobile home, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction;
3. A manufactured home, a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with Federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
"Manufactured dwelling" does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer. |
"Manufactured dwelling park"means any place where four or more manufactured dwellings as defined in ORS
446.003 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 space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of the facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the City under an ordinance adopted pursuant to ORS
92.010 to
92.190.
"Manufactured dwelling space"means a plot of ground within a manufactured dwelling park that is designed for the accommodation of one manufactured dwelling.
"Marina"means a commercial boat launch, moorage or similar facility which may include dry or wet boat storage and boathouses.
"Marine lighting"means light fixtures directed at the ocean and coastal tide pools, and illuminating the marine area.
"Marquee"means a permanent roofed structure attached to and supported by the building and projecting over public property.
"Mean high water"means the average height of the high waters over a 19-year tidal cycle (as per U.S.G.S. definitions).
"Mean higher high water"is the average of the higher of the two high water heights of each tidal day observed over the National Tidal Datum Epoch.
"Mean low water"means the average height of the low waters over a 19-year tidal cycle (as per U.S.G.S. definitions).
"Mean sea level"means the average height of the surface of the sea for all stages of the tide usually determined from hourly height readings over the 19-year tidal cycle (as per U.S.G.S. definitions).
"Mitigation"means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features and water quality.
Mobile Home.See subsection
2 of the definition of "Manufactured dwelling."
"Mobile vending unit"means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any goods, wares, merchandise or food are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting solely of the goods, wares or merchandise being peddled, sold, served, displayed or offered for sale.
"Modular home"means a dwelling unit, constructed partly on site, consisting of some prefabricated members; excluding manufactured homes.
"Motel"means any building or group of buildings used for transient lodging other than a hotel or resort, containing six or more guest rooms or units available for rent on a short-term [30 or fewer days] basis. The building(s) is designed so that ingress/egress to guest rooms is from outside the building and a short distance from parked vehicles. Guest rooms may include kitchen facilities, and guest amenities may include a pool, gym, limited food and beverage services, lounge, and accessory commercial uses such as a gift shop.
"Natural grade"means the grade prior to grading or fill, and is defined as where the roots and stems meet to form the natural elevation of the lot or the grade that existed at the date of the adoption of this ordinance (February 13, 2008). Natural grade is the grade prior to cutting or filling.
"Nonconforming lot"means a lot which does not meet the area or width requirements of the zone in which it is located.
"Nonconforming structure or use"means a lawful structure or use, existing at the time the ordinance codified in this title or any amendment thereto becomes effective, and which does not conform to the requirements of the zone in which it is located.
"Notification area"means the area 250 feet in all directions of the affected property excluding road or street rights-of-way.
"Nursing home"means any home, place or institution which operates and maintains facilities providing convalescent or nursing care, or both, for a period exceeding 24 hours for two or more ill or infirm patients not related to the nursing home administrator, or owner, by blood or marriage. Convalescent care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. A nursing home includes rest homes and convalescent homes, but does not include a boarding home for the aged, a residential home, a residential facility, a retirement home, hotel, hospital or a licensed chiropractic facility.
"Ocean flooding"means the flooding of lowland areas by salt water owing to tidal action, storm surge, or tsunamis (seismic sea waves). Land forms subject to ocean flooding include beaches, marshes, coastal lowlands, and low-lying interdune areas. Areas of ocean flooding are mapped by the Federal Emergency Management Agency (FEMA). Ocean flooding includes areas of velocity flooding and associated shallow marine flooding.
"Older stabilized dune"means a dune that is stable from wind erosion, and that may include diverse forest cover. They include older foredunes.
"Open recreation area"means recreation development providing for picnicking, camping, hunting, fishing, riding or other similar activities, but excluding trailer parks and outdoor commercial amusements such as miniature golf courses, go-cart tracks, etc.
"Outdoor lighting fixture"means a luminaire outside of an enclosed building or structure, or any luminaire directed such that it primarily illuminates outdoor areas.
"Overstory"means the canopy of the uppermost level of a forest, formed by the tree crowns. Canopy trees refers to the trees in a forest which form the canopy. The uneven layers of the canopy are formed by both dominant and co-dominant trees.
"Owner"means the person 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 with a written contract. (See also "Person.")
"Owner-occupied dwelling"means a dwelling unit which is occupied by the owner for not less than seven months out of any calendar year. In any case, the burden of proof shall fall to the applicant to prove that a dwelling is owner-occupied.
"Pad"means a minimum foundation treatment for a permanent manufactured dwelling installation, the construction of which is to be in conformance with the State of Oregon Building Code Agency guidelines, extending the length and width of the manufactured dwelling unit or units.
"Parcel"means a unit of land that is created by partitioning land.
Parking Area, Private."Private parking area" means an open area, building or structure, other than a street or alley, used for the parking of the automobiles of residents and guests of a building.
Parking Area, Public."Public parking area" means an open area, building or structure, other than a private parking area, street or alley, used for the parking of automobiles and available for use by the public or by persons patronizing a particular building or establishment.
"Parking space"means space within a private or public parking area, building or structure, for the parking of one automobile.
"Parking space, accessible"means an off-street parking space for handicap access to or from a vehicle, designed in accordance with any local, State or Federal laws, including the Federal Americans with Disabilities Act (ADA).
"Parking space, off-street"means a parking space located outside of public right-of-way; the numbers, dimensions and construction materials of which are as required by Chapter
9.48 of YMC.
"Partition"means either an act of partitioning land or an area or tract of land partitioned.
"Partition land"means to divide land into two or three parcels of land within a calendar year, but does not include:
1. A division of land resulting from lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
2. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the rezoning complies with any applicable zoning ordinances;
3. A sale or grant by a person to a public agency or public body for State highway, County road, City street or other right-of-way purposes, provided that such road or right-of-way complies with the applicable comprehensive plan and ORS
215.213(2)(q) to
(s) and
215.283(2)(p) to
(r).
"Partition plat"means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a major or minor partition.
Partition, Major."Major partition" means a partition which includes the creation of a road or street.
Partition, Minor."Minor partition" means a partition that does not include the creation of a road or street.
"Patio"means a paved outdoor area adjoining a structure.
"Person"means a natural person, his or her heirs, executors, administrators, or assigns and also includes a firm, partnership or corporation, its or their successors or assigns or the agent of any of the aforesaid, and any political subdivision, agency, board or bureau of the State.
"Pier"means a fixed moorage facility constructed outward from the shoreline.
"Piling"means the driving of wood, concrete or steel piling into the bottom in aquatic areas to support piers or docks, structures, moored floating structures, or other purposes.
"Planned unit development"means a subdivision of land in which the individual building sites are reduced in size but are compensated by area used in common for recreation purposes. A planned unit development involving dwelling or commercial units may incorporate detached, semi-detached, attached, single-story, or multi-storied units or any combination of the aforementioned. Such projects may also involve religious, cultural, recreational and commercial uses and purposes.
"Plat"means a final subdivision plat, replat or partition plat.
"Porch"means a covered area adjoining an entrance to a building and usually having a separate roof.
"Professional office"means an office occupied by physicians, dentists, accountants, attorneys, optometrists, architects, professional engineers, or surveyors, or persons engaged in similar occupations.
"Public utility facility"means a pipe, transmission line, treatment facility, storage facility, substation, tower or other structure designed to provide the public with electricity, gas, heat, steam, water, communication, sewage collection or other similar service.
"Ramada"means a stationary structure having a roof extending over a manufactured dwelling which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain.
"Recreational vehicle"means a vacation trailer or other unit with or without motive power, which is designed for human occupancy and to be used temporarily for recreational or emergency purposes, and has a gross floor space of less than 400 square feet. "Recreational vehicle" includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. The unit shall be identified as a recreational vehicle by the manufacturer.
"Recreational vehicle park"means a lot or tract where the primary land use is the parking on a fee or other basis of occupied recreational vehicles.
"Recreational vehicle site"means the area or place used for parking occupied recreational vehicles, and may include sewer, water, gas or electrical hookups. Places to store unoccupied recreational vehicles are not considered to be recreational vehicle sites.
"Refuse"means any putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings and industrial wastes (including waste disposal in industrial salvage).
"Repair"means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall apply to any structural alteration.
"Replat"means a final map of the reconfiguration of lots and easements of a recorded subdivision or partition plan and other writings containing all the descriptions, location, specifications, dedications and provisions and information concerning a recorded subdivision.
"Required yard"means the area of a lot within the building setbacks. The required yard varies with the zoning of the property.
"Reserve strip"means a strip of land usually one foot in width, across the end of a street or alley which shall be under the ownership of the City to insure street extensions where needed.
"Residential facility"means 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 training or treatment 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"means a home licensed by or under the authority of the Department of Human Resources under ORS
443.300 to
443.825 which provides residential care alone or in conjunction with training or treatment or a combination thereof for five or fewer 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 home.
"Resort"means any building or group of buildings used for transient lodging other than a hotel, motel, or inn, containing six or more guest rooms or units available for rent on a short-term [30 or fewer days] basis, and designed primarily to accommodate vacationers, conferences, or events such as weddings. The building(s) have a lobby and a check-in area, and often occupy sufficient land area for multiple lodging options, conference facilities, guest amenities (example: pool, tennis, gym), vehicle (including RV) parking, and accessory commercial uses, such as restaurants, bars, gift shop, day spa, and the like.
"Resource capability"means a use is consistent with the resource capabilities of the natural estuarine management unit area when either the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant or that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner to protect significant wildlife habitats, natural biological productivity, and values for scientific research and education.
"Restaurant, cafe"means an establishment where prepared food is served to the public for consumption on the premises, or to "take out" to some other location.
"Restoration"means to revitalize or reestablish functional characteristics and processes of the estuary diminished or lost by past alterations, activities or catastrophic events. A restored area must be a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed, and may not have been a functioning part of the estuarine system when alteration work begins.
Restoration, Active."Active restoration" means the use of specific positive remedial actions to revitalize or reestablish functional characteristics and processes of the estuary.
Restoration, Passive."Passive restoration" means the use of natural processes, sequences, and timing which occurs after the removal or reduction of adverse stresses without other specific positive remedial action.
"Right-of-way"means a strip of land within which is located a passageway, as conveyed for a specific purpose.
"Riparian"means of or pertaining to or living on the bank of a river or lake or, of a tidewater.
"Riprap"means a layer, facing or protective mound of stones placed to prevent erosion, scour or sloughing of a structure or embankment; also, the stone so used.
"Rooming house"means a residential building or portion thereof providing sleeping rooms where lodging for three or more persons is provided for compensation.
"Screening buffer"means a fence, hedge, or wall that blocks at least 70% of the view between uses. The buffer shall not be less than five feet in height, nor more than eight feet in height, except in a clear-vision area.
"Seasonal lighting"means exterior lighting that is specifically directed at a holiday season such as Christmas, Halloween, and others. This will consist of small, low wattage bulbs of less than 10 lumens each.
"Security lighting"means minimal lighting for personal and building security and safety after hours.
"Selvage"means the finished top edge of a chain-link fence, consisting of either knuckle or twist (barb). Knuckle selvage is rounded and safer because it has no sharp points to catch on clothing or people, and is appropriate for residential chain-link systems. Twisted or barbed selvage has sharp ends for high security purposes and is appropriate for commercial or high-security fence systems.
"Shielding"means an opaque covering for an outdoor lighting fixture such that no light rays are emitted above the horizontal plane running through the lowest point of the fixture. Shielding can be extended downward to prevent "light trespass" as defined above. See examples in Section
9.42.080(D).
"Shoreline"means the boundary line between a body of water and the land, measured on tidal waters at mean higher high water, and on non-tidal waterways at the ordinary high-water mark.
"Shoreline stabilization"means the protection of the banks of tidal or intertidal streams, rivers, estuarine waters, and oceanfront by vegetative or structural means.
"Sign"means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business. Each display surface of a sign other than two surfaces parallel and back-to-back on the same structure shall be considered a sign.
Sign, Directional."Directional sign" means a sign having no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, including, but not limited to, signs identifying restrooms, public telephones, parking areas and other similar facilities.
Sign, Freestanding."Freestanding sign" means a sign supported by a structure or supports upon the ground and not attached to or supported by any building.
Sign, Projecting."Projecting sign" means a sign attached to a building or wall and extending more than 16 inches beyond the line of the building or wall.
Sign, Roof."Roof sign" means a sign erected or maintained in whole or in part upon, against or directly above the roof or parapet of a building.
Sign, Temporary."Temporary sign" means a sign advertising a specific, occasional event or activity of limited duration. "Temporary" defines the activity, not the sign. A portable or movable sign which is displayed from time to time, such as during business hours, is not a temporary sign.
Sign, Wall."Wall sign" means a sign attached to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign substantially parallel to the exterior building wall. For the purpose of this title, a sign attached flat against a sloping surface of a mansard roof shall be considered a wall sign.
Sign, Window."Window sign" means a sign attached to, placed upon, or painted on a window or glazed door of a building, which is intended for viewing from the exterior of the building.
"Site plan"means a two-dimensional plan accurately drawn, clear, measurable, and fully dimensioned, of a property (or group of adjacent parcels or lots under the same ownership) that is subject to a permit application under this Code.
"Skirt"means a durable all-weather material having a finished exterior surface surrounding a manufactured dwelling and effectively screening the wheels and undercarriage from view.
"Slope"means the relationship, as expressed in percent, of the number of feet of vertical rise or fall for each 100 feet of horizontal distance as determined from a common reference point. For example, a 12% slope means that for every 100 feet the terrain changes 12 feet in distance up or down.
"Specifications"means a written or printed description of work to be done, forming part of a contract and describing qualities of material and mode of construction, and also giving dimensions and other information not shown in the drawings.
"Street"means a right-of-way that is intended for motor vehicle travel or for motor vehicle access to abutting property. A street may be dedicated, conveyed, deeded or granted to the public for public use and under the control of a public agency, or it may be privately owned. A street includes the land within the ingress/egress easement area serving multiple residential lots, but does not include the "flagpole" portion of flag lots.
Street, Arterial."Arterial street" means a street designed to carry traffic from one community to another, to carry traffic to and from major traffic generators, and to carry through traffic.
Street, Collector or Secondary."Collector or secondary street" means a street designed to carry traffic between minor streets and the arterial system, to function as primary traffic carriers within a neighborhood, to carry traffic to local traffic generators.
Street, Minor."Minor street" means a street designed to provide access to abutting residential property with only incidental service to through traffic.
"Structural alteration"means any change to the supporting members of a building including foundations, bearing walls, or partitions, columns, beams or girders, or any structural change in the roof or in the exterior walls.
"Structure"means something constructed or built and having a fixed base on, or fixed to the ground or another structure.
"Subdivide land"means to divide land into four or more lots within a calendar year.
"Subdivision"means either an act of subdividing land or an area or a tract of land subdivided.
"Subdivision plat"means a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
"Temporary alteration"means dredging, filling or any other estuarine alteration occurring over a specified short period of time which is needed to facilitate a use allowed in the applicable estuary zone. Temporary alterations may not be for more than three years and the affected area must be restored to its previous condition. Temporary alterations include:
1. Alterations to establish mitigation sites, alterations for bridge construction or repair; and
2. Minor structures (such as blinds) necessary for research and educational observation.
"Tie-down"means any device designed to anchor a manufactured dwelling securely to the ground.
"Tip-out"means a movable section of a mobile home, recreational vehicle or manufactured dwelling which can be extended from the main structural frame to increase living space.
"Top of bank"means that vertical point along a stream bank where an abrupt change in slope is evident. For streams in wider valleys it is the point where the stream is generally able to overflow the banks and enter the floodplain. For steep and narrow valleys, it will generally be the same as the top of slope.
"Townhouse"means an attached, single-family dwelling, usually with two or more stories, living and dining areas on the first floor, and bedrooms on the upper floors.
"Transient lodging"means any facility, structure, or portion thereof occupied or intended or designed for occupancy by a guest or guests who pay rent or other consideration for dwelling, lodging, or sleeping purposes for a period of 30 or fewer days.
"Uplighting"means lighting that is directed in such a manner as to shine light rays above the horizontal plane.
"Use"means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is, or may be, occupied.
"Vision clearance"means a triangular area at an intersection; the space being defined by a line across the corner, the ends of which are on the street lines or alley lines, an equal and specified distance from the corner.
"Water-dependent"means a use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.
"Wetlands"means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions.
"Yard"means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
"Yard, front"means an area lying between the side lot lines, the depth of which is a specified horizontal distance between the street line and a line parallel thereto on the lot.
"Yard, rear"means an area lying between side lot lines, the depth of which is a specified horizontal distance between the rear property line and a line parallel thereto on the lot.
"Yard, side"means an area adjacent to any side lot line the depth of which is the specified horizontal distance measured at right angles to the side lot line and being parallel with the side lot line.
"Yard, street side"means a yard on a corner lot that is adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.
(Ord. 73C, 1986; Ord. 73E § 17.010, 1992; Ord. 73I, 1994; Ord. 218, 2000; Ord. 232, 2002; Ord. 277, 2008; Ord. 281, 2008; Ord. 314, 2012; Ord. 318, 2013; Ord. 323, 2013; Ord. 348 § 1, 2017; Ord. 354 § 1, 2018; Ord. 363 § 2, 2019; Ord. 367 § 1, 2021; Ord. 368 § 1, 2021; Ord. 372, 8/16/2024; Ord. 376, 11/20/2024)