Yoncalla City Zoning Code

“Access” means a way or means of approach to provide pedestrian, bicycle, and/or motor vehicular entrances or exits to a property.

“Access easement” means an easement recorded for the purposed of providing vehicle, bicycle, and/or pedestrian access from a public street to a parcel across intervening property under separate ownership from the parcel being provided access.

“Access spacing/intersection spacing” means the minimum required distance from an intersection of a public or private street to the nearest driveway or other access connection, measured from the closest edge of the pavement of the intersecting street to the closest edge of the pavement of the connection along the traveled way.

“Accessory structure” or “accessory use” means a structure or use incidental and subordinate to the main use of property and located on the same lot as the main use, including any required off-street parking within 200 feet (measured in a straight line) of the building or use it is intended to serve.

“Alley” means a right-of-way that provides vehicle access to a lot or common parking area. Generally, alleys provide secondary vehicle access; however, where vehicle access from the street is not allowed, not possible, or not desirable the alley may provide primary vehicle access.

“Alteration” means a change in construction or a change of occupancy, where the term “alteration” is applied 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” means a change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams or girders. In addition, any change in the external dimensions of the building shall be considered a structural alteration.

“Apartment house” means a building containing three or more dwelling units (see “dwelling, multifamily").

“Area, lot or parcel” means the total horizontal net area within the property lines of a lot or parcel, but not including that area within a road right-of-way.

“Arterial” means the highest order classification of streets; includes highways and other major streets with limited or no direct access from adjoining properties, generally providing between 8,000 and 30,000 auto trips daily.

“Automobile service station” means any premises used primarily for supplying at retail direct to the customer motor fuel, oil, auto accessories, and, as a secondary service, minor servicing, excluding body and fender repair.

“Automobile wrecking yard” means any property where two or more motor vehicles not in running condition, or the parts thereof, are wrecked, dismantled, disassembled, substantially altered or stored in the open and are not to be restored to operation.

“Basement” means the portion of a building included between a floor, with its level two or more feet below finished grade, and the ceiling next above said floor.

“Bed and breakfast home stay” means a private, owner-occupied, single-family residence with one to three guest rooms. The bed and breakfast home stay is subordinate and incidental to the main residential use of the building. The only meal provided to the guests shall be breakfast. Any home used as a bed and breakfast home stay shall easily revert to the main residential use.

“Bicycle Facility.” There are different types of bicycle facilities: In general, a bicycle facility is a public or private way designed for and dedicated to bicycle use. It may consist of a road, a lane within or on the shoulder of a road, a path, multi-use path, or other way that is specifically designated for bicycle travel or shared bicycle/pedestrian travel.

“Billboard” means any outdoor advertising sign or device or any portion of a structure upon which lettered or pictured material is displayed for advertising purposes, other than the name and occupation of the use or nature of the business conducted on such premises, or the products primarily sold or manufactured thereon.

“Block length” means the distance measured along all that part of one side of a street which is between two intersections or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, watercourse, body of water or unsubdivided acreage.

“Boarding or rooming house” means a building where lodging with or without meals is provided for compensation for not less than three nor more than 15 persons in addition to members of the family occupying the building.

“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

“Building height” means the vertical distance measured from the adjoining street centerline grade level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge for a gable, hip, or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.

“Building line” means a line established by an ordinance to govern the placement of a building with respect to the front lot line through the setback requirements of minimum front yard. A building line is ordinarily parallel to the front lot line and at a distance in accordance with the setback requirement.

“Building site” means that portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, light, air clearances, proper drainage, appropriate easements, and, if applicable, other items required by city ordinances.

“Bulk plant” means an establishment where commodities, including both liquids and solids, are received by tank vessel, pipeline, tank car, tank vehicle or other container, and are stored or blended in bulk for distribution by tank vessel, pipeline, tank car, tank vehicle or container.

“Care” means the provision of room and board and services that assist the resident in activities of daily living, such as assistance with bathing, dressing, grooming, eating, medication management, money management, or recreation.

“City” means the city of Yoncalla, Oregon.

“City council” means the city council elect of the city of Yoncalla, Oregon, which is the governing body of said city.

“Collector, minor/major” means a type of street that serves traffic within commercial, industrial, and residential neighborhood areas, generally providing between 1,500 and 5,000 auto daily trips daily. Connects local neighborhood or district streets to the arterial network. Part of the street grid system.

“Commission” means the duly appointed planning commission of the city of Yoncalla, Oregon.

“Comprehensive plan” means the comprehensive development scheme for the city comprising plans, maps or reports, or any combination thereof, relating to the future economic and physical growth and development or redevelopment of the city.

“County” means the county of Douglas, Oregon.

“Court” means an open, uncovered and unoccupied space contained within or completely surrounded by buildings.

“Cul-de-sac” means a dead-end street with a turnaround.

“Curb-cut” means a driveway opening delineated by a concrete apron along a street.

“Dead-end street” means a street that connects to another street at only one end and does not have a city-approved turnaround on its other end. A pedestrian connection may extend from the end of a dead-end street to connect with another street of any type, or with another pedestrian connection.

“Dedication” means the designation of land by its owner for any public use as shown on a subdivision plat or deed.

“Depth, lot or parcel” means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the rear, excluding any strip of land used primarily for access purposes.

"Division” means to divide or separate an area or tract of land by sale, lease, or separate building development and, when used herein, refers collectively to both partitions and subdivisions; provided, that the following types of transactions shall not constitute division of land:

“Drainage land” means land required for drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein, to safeguard the public against flood damage or the accumulation of surface water.

“Dwelling”

“Dwelling, multifamily” means a building, or portion thereof, designed for occupancy by two or more families living independently of each other.

“Dwelling, single-family” means a detached building containing one dwelling unit and designed for occupancy by one family only.

“Dwelling unit” means one or more rooms in a building or structure designed for occupancy by one family and having not more than one cooking facility.

“Family” means an individual or two or more persons related by blood, marriage, legal adoption, or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen.

“Farm use” means the current employment of land for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of or the produce of livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. “Farm use” includes the preparation and storage of the products raised on such land for man’s use and animal use and disposal by marketing or otherwise. It does not include the use of land subject to the provisions of ORS Chapter 321, or to the construction and use of dwellings and other buildings customarily provided in conjunction with the farm use.

“Farm use, limited” means the use of animals for providing food or daily products for personal use by the landowner or as pets. Animals are subject to conditions and limitations provided herein and require a permit to house on property.

“Fence” means an accessory structure, including landscape planting, designed and intended to serve as a barrier or as a means of enclosing a yard or other area, or other structure; or to serve as a boundary feature separating two or more properties. The fence shall be constructed of metal, masonry, or wood fencing. The fence shall not exceed six feet high on the side and back yards nor exceed four feet on the front property line. The fence height must conform to the clear-vision areas as defined in YMC 18.55.140.

“Fence, sight-obscuring” means a fence, consisting of wood, metal, or masonry, or an evergreen hedge or other evergreen planting, arranged in such a way as to obstruct vision.

“Final plat” means a plat for a major subdivision duly submitted to the secretary of the planning commission for planning commission consideration and approval and conforming in all respects to the requirements therefor specified in Chapter 18.80 YMC.

“Finished plat” means a plat for a minor partition duly submitted to the secretary of the planning commission for planning commission consideration and approval and conforming in all respects to the requirements therefor specified in Chapter 18.80 YMC.

"Flood or flooding” means, as designated by the National Flood Insurance Act of 1968, the general and temporary condition of partial or complete inundation of normally dry land areas:

“Floodplain (flood-prone area)” means, as designated by the National Flood Insurance Act of 1968, an area:

“Floodway” means, as designated by the National Flood Insurance Act of 1968, the minimum areas of a riverine floodplain reasonably required for passage of flood water, so the limits of the floodway vary according to conditions within the floodplain.

"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 centerline of walls separating two buildings, but not including:

“Foster home” means any family home or facility in which 24-hour care is provided for five or fewer persons who are not related to the provider by blood or marriage.

“Frontage” means property abutting on the street.

“Grade, ground level” means the average of the finished ground level at the center of all walls of a building. Where the walls are parallel to and within five feet of a street right-of-way, the ground level shall be measured at the street right-of-way.

“Grazing” means the use of land for pasture of horses, cattle, sheep, goats, and/or domestic herbivorous animals, alone or in conjunction with agricultural pursuits.

“Gross area” means the total usable area including accessory space dedicated to such things as streets, easements, and uses out of character with the principal use, but within a unit of area being measured.

“Hammerhead” or “T-end street” means a dead end street with a turnaround (see Figure 1 at the end of this chapter and YMC 18.56.160 through 18.56.380.

“Home occupation” means a lawful occupation carried on by a resident in no more than 20 percent of the living area of a dwelling as an accessory use in connection with which there is no person employed other than a member of the family and there is no activity conducted in such a manner as to give an outward appearance of a business in the ordinary meaning of the term.

“Horticulture” means the cultivation of plants, garden crops, trees and/or nursery stock.

“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.

“Hotel” means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the rooms.

“Improvement agreement” means an agreement that under prescribed circumstances may be used in lieu of required improvements or a performance agreement. It is a written agreement that is executed between the city and a developer, in a form approved by the city council, in which the developer agrees to sign at a time any and all petitions, consents, etc., and all other documents necessary to improve an abutting road or other required improvements to city standards and to waive all rights or remonstrances against such improvements, in exchange for which the city agrees that the execution of the improvement agreement will be deemed to be in compliance with the improvement requirements of this title.

“Junk yard” means any property used for breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap, waste material, or other junk.

“Kennel” means a lot or building in which four or more dogs, cats, or animals at least four months of age are kept commercially for boarding, propagation, training or sale.

“Livestock” means domestic animals and fowl or types customarily raised or kept on farms for profit or other purposes.

“Livestock feed lot” means an enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for marketing.

“Livestock sales lot” means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means.

“Local street” means a street which is used primarily for access to abutting properties, generally serving less than 1,500 auto daily trips daily.

“Lot” means a unit of land that is created by a subdivision of land.

“Lot” means a parcel or tract of land as shown on a legally recorded plat of a subdivision, or a parcel or tract of land under one ownership, which can be a portion of the above.

“Lot area” means the total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads, the stem of a flag lot, and easements of access to other property.

“Lot, corner” means a lot abutting on two or more streets, other than an alley, at their intersections.

“Lot coverage” means the portion of a lot expressed as a percentage of the total lot area that is occupied by the principal and accessory buildings, including all projections.

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

“Lot, interior” means a lot other than a corner lot.

“Lot Line.” (See Figures 2, 3 and 4 at the end of this chapter.)

“Lot, through” means an interior lot having frontage on two streets.

“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

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

“Manufactured home park” means any property used for the accommodation of two or more manufactured homes on a tenancy or lease basis.

"Minor partition” means any division of land which:

“Motel” means a building or group of buildings on the same lot containing guest units with separate entrances and consisting of individual sleeping quarters detached or in connected rows, with or without cooking facilities, for rental to travelers.

“Nonconforming structure or use” means a lawful existing structure or use, at the time this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

“Owner” means one who possesses title in property or to whom property belongs, with the requisite intent to own. This term includes an authorized agent of the owner.

“Owner” means an individual, association, partnership or corporation having legal or equitable title to land sought to be divided, other than legal title held for purpose of security only.

“Parcel” means a unit of land that is created by a partitioning of land.

“Parcel map” means a final diagram and other documentation relating to a major or minor partition prepared pursuant to this title.

“Parking space” means an enclosed or unenclosed surfaced area of not less than 18 feet by eight and one-half feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, and connected with a street or an alley which affords ingress and egress for automobiles.

“Partition” means either an act of partitioning land into two or three parcels or an area or tract of land partitioned.

“Partition land” means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.

“Pedestrian way” means a walkway or multi-use pathway providing a through connection for pedestrians between two streets, between two lots, or between a development and adjoining public right-of-way. It may be an access way for pedestrians and bicyclists (with no vehicle access), or a walkway on public or private property (i.e., with a public access easement).

“Performance agreement” means a proper petition submitted to and approved by the city council for construction and improvements as required in YMC 18.55.190; or a performance bond executed by a surety company duly licensed to do business in the state of Oregon, in an amount equal to the full cost of the work to be done, and conditioned upon the faithful performance thereof in accordance with YMC 18.55.190.

“Person” means every natural person, firm, partnership, association, estate, trust, receiver, or syndicate.

“Planning commission” means the planning commission of the city of Yoncalla, Oregon.

“Planning office” means the Yoncalla City Hall, Yoncalla, Oregon.

“Plat” means a final map and other documents relating to a subdivision.

“Preliminary plat” means a tentative map and plan for a subdivision duly submitted to the secretary of the planning commission for planning commission consideration and approval and conforming in all respects to the requirements therefor specified in Chapter 18.80 YMC.

“Public access easement” means a public access easement is an easement granted to the public for all the purposes for which a public sidewalk may be used, including but not limited to, pedestrian and bicycle travel.

“Public use” means a structure or use intended or used for a public purpose by a city, school district, county, state or by any other public agency or by a public utility.

“Recreational vehicle” means a self-propelled vehicle or similar portable device originally designed or presently constructed to permit human occupancy for living or sleeping purposes on a temporary basis.

“Residential care facility” means a facility that provides, for six or more physically handicapped or socially dependent individuals, residential care in one or more buildings on contiguous properties.

“Residential facility” means a residential care facility, residential training facility or residential treatment facility licensed under ORS 443.400 through 443.455 for liar fewer unrelated physically or mentally handicapped persons or elderly persons and not to exceed two staff persons who need not be related to each other or to any other facility resident.

“Residential home” means a residence for five or fewer unrelated physically handicapped or socially dependent individuals providing residential care in one or more buildings on contiguous properties.

“Residential training facility” means a facility that provides, for six or more mentally retarded or other developmentally disabled individuals, residential care and treatment in one or more buildings on contiguous properties.

“Residential treatment facility” means a facility that provides, for six or more mentally, emotionally or behaviorally disturbed individuals, residential care and treatment in one or more buildings on contiguous properties.

“Retail store” means a store or place of business engaged in the sale of commodities or goods in small quantities to ultimate consumers.

“Right-of-way” means an area that allows for the passage of people or vehicles. Right-of-way includes passageways such as freeways, pedestrian connections, alleys, and all streets. A right-of-way may be dedicated or deeded to the public for public use and under the control of a public agency, or it may be privately owned. A right-of-way that is not dedicated or deeded to the public will be in a tract.

“Roadway” means the portion of a right-of-way that is improved for motor vehicle travel. Roadway includes vehicle travel lanes and on-street parking areas. Roadway does not include area devoted to curbs, parking strips, or sidewalks.

“Semi-public use” means a structure or use intended or used for a semi-public purpose by a church, lodge, club or any other nonprofit organization.

“Sidewalk” means a paved walkway within a public street right-of-way that is generally located adjacent to and separated from the roadway by a curb or curb and planter strip.

“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.

“Single-family density area” means an area abutting a local street not a business street, where for one block length or more, all property on both sides of said street is, or as determined by the planning commission will be, occupied by no more than nine families per acre exclusive of street right-of-way.

“Solar access” means the skyspace between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.

“Solar collector” means a device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure’s energy supply.

“Solar energy” means radiant energy (direct, diffuse, and reflected) received from the sun.

“Statutory subdivision” means a subdivision as defined in Oregon Revised Statutes (ORS).

“Story” means the portion of a building included between the upper surface of any floor and the upper floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, each basement or cellar shall be considered a story.

“Story, half” means 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.

“Street” means a right-of-way that is intended for motor vehicle, pedestrian or bicycle travel or for motor vehicle, bicycle or pedestrian access to abutting property. For the purposes of this code, street does not include alleys, rail rights-of-way that do not also allow for motor vehicle access, or freeways and their onramps.

“Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street.

“Street tree” means a tree planted in a planter strip or tree well between the street and sidewalk.

“Structure” means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.

“Subdivide land” means 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.

“Subdivider” means any owner commencing proceedings under this title to effect a division of land by himself or through his lawful agent.

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided as defined in this section.

“Temporary” means a use allowed during the construction of a permitted use and subject to removal upon expiration of a valid building permit.

“Travel trailer” means a vehicle or structure equipped with wheels for highway use that is intended for human occupancy, is not being used for residential purposes and is being used for vacation or recreational purposes.

“Turnaround” means a vehicle maneuvering area at the end of a dead-end street (e.g., hammerhead, cul-de-sac, or other configuration) that allows for vehicles to turn around.

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

“Vision clearance area” means a triangular area on a lot at the intersection of two streets, or a street and an alley, or a street and a railroad, two sides of which are lot lines measured from their comer intersection for a distance of 25 feet on each side. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded comers, the lot lines will be extended in a straight line to a point of intersection.

“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.

“Yard, front” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley shall be considered a front yard.

“Yard, rear” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest portion of a building.

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

“Yard, street side (corner lot)” means a yard adjacent to a street between the front yard and rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.