This title shall be known as the "City of Yachats zoning and
land use ordinance."
(Ord. 73E, 1992)
The purpose of this title is to promote the public health, safety
and general welfare and to assist in carrying out comprehensive plans
for the City including all future lands and subdivisions annexed into
the incorporated City.
(Ord. 73E, 1992)
As used in this title:
means the way or means by which pedestrians and vehicles
enter and leave property.
means a structure or use incidental and subordinate to the
main use of a property and located on the same lot as the main use.
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.
means a minor way for secondary access to properties which
abut other streets.
means any change, addition or modification of construction
or occupancy of a building or structure.
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.
means a dwelling unit as defined in this section.
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."
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.
means a premises used for supplying direct to the consumer
at retail: gasoline, oil, minor accessories and services for automobiles.
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.
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.
means a non-rigid sign designed to be hung either with or
without a frame.
means a story partly or wholly underground.
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.
means a single-family dwelling containing rooms for rent in accordance with Section 9.72.050.
means an area of land which may be bounded on all sides by
streets, unsubdivided land, water courses, or any combination thereof.
See "Rooming house."
means the line defining the perimeter of a lot, parcel, area
or tract of land.
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.
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.
means any boundary line not a front or rear line.
means the portion of a bridge spanning a waterway or wetlands,
not including supporting structures or fill.
means piers, piling and similar structures necessary to support
a bridge span but not including fill for causeways or approaches.
means a structure built or assembled for the support, shelter
or enclosure of persons, animals, chattels or property of any kind.
means created by assembling basic elements such as foundations,
floors, walls, roofs, plumbing and wiring systems, etc., by following
step-by-step construction procedures.
means a commercial enterprise carried on for profit.
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.
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.
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.
See "Basement."
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.
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.
means the incorporated City of Yachats, Oregon.
means the governing body of the City of Yachats.
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.
means a building utilized by persons licensed by the State
of Oregon to treat or analyze medical or surgical needs of humans.
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.
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.
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.
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.
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.
See "Nursing home."
means the County of Lincoln, Oregon.
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.
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.
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.
means an outside walking area, the floor of which is elevated
more than eight inches from grade.
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.
means the number of units per acre.
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.
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.
means a floating moorage facility constructed perpendicular
or parallel to the shoreline.
means a lot having frontage on two parallel or approximately
parallel streets.
consists of two coach units constructed on two separate chassis
that are combined horizontally at the site to complete the living
unit.
means the removal of materials from a wetland or body of
water for channel deepening, realignment, boat basin or other uses.
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.
means a building or portion thereof which is occupied in
whole or in part as a residence or sleeping place, either permanently
or temporarily by one or more families, but excluding hotels, motels
and tourist courts.
"Multifamily dwelling" means a building containing three
or more dwelling units.
"Single-family dwelling" means a building designed or used
exclusively for the occupancy of one family and having kitchen facilities
for only one family.
"Two-family dwelling" means one building containing two dwelling
units (duplex).
means one or more rooms designed for permanent occupancy
by one family and having not more than one kitchen facility.
means a right of usage of real property granted for a specific
purpose by an owner to specific persons, firms, corporations, or the
public.
means to build, construct, attach, hang, place, suspend or
affix; in the context of signs, shall also include the painting of
wall signs.
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.
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.
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.
means lighting relating to the outside of a building or structure.
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.
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.
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.
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.
"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.
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.
means the plane on which the footprint of the structure meets
the ground.
means a complete lighting unit including the light source
(bulb), mounting, and shielding.
means a lot meeting minimum lot area depth and width requirements,
excluding the access portion of the lot.
means a light that produces up to 1,800 lumens and is designed
to "flood'' a well-defined area with light.
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:
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.
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.
means a building or portion thereof in which a motor vehicle
is stored, repaired or kept.
"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.
"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.
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.
refers to a registered geologist, certified engineering geologist,
professional engineer, and geotechnical engineer.
Registered geologists (RG) provide geologic maps and documents
and are licensed by the Oregon State Board of Geologist Examiners
(OSBGE).
Certified engineering geologists (CEG) provide engineering geologic
reports and are licensed by the Oregon State Board of Geologist Examiners
(OSBGE).
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).
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.
means the elevation of the ground at the midpoint from all
corners of a building, post construction.
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.
means typically vegetation planted for the purpose of serving
as a boundary, buffer, or divider between areas, for landscaping or
privacy.
means the vertical distance from the average finished grade
to the highest point of the building plus any fill above the natural
grade. To determine building height, calculate the average building
height for each side: Add the shortest building height and the tallest
building height, then divide the two building heights by two. Add
together the average height for each side and divide by the number
of sides.
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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.
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.
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.
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.
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.
means any building containing guest rooms which are rented
or hired out to be occupied for sleeping purposes for guests, excluding
any facility which meets the definition of "bed and breakfast facility."
"External illumination" means illumination of a sign by an
artificial source of light not contained within the sign itself.
"Internal illumination" means illumination of a sign by an
artificial source of light contained within the sign itself, including
neon or other gas-filled light.
means limit on output of any individual light source as enumerated in Section 9.42.040.
means the maximum for the sum of all exterior individual light sources on a given property as enumerated in Section 9.42.050(A) and (C).
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.).
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.
means to improve or ornament by landscape architecture or
gardening appropriate to the scale of the development.
means a certificate for operation issued by the City pursuant
to any City ordinances.
means a business that manufactures, fabricates, or assembles
goods and that occupies less than 6,000 square feet.
means the distance from finished grade to the top most portion
of any light emitting source (e.g., lamp. surface or lens).
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.
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.
means a unit of land that is created by a subdivision of
land.
means the total area within the lot lines of a lot measured
on a horizontal plane.
"Corner lot" means a lot abutting on two or more streets,
other than an alley, at their intersection.
means the average horizontal distance between the front lot
line and the rear lot line.
See "Double frontage lot."
"Interior lot" means a lot other than a corner lot.
means the property line bounding a lot.
"Front lot line" 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.
"Rear lot line" 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.
"Side lot line" means any property line not a front or rear
lot line.
means the average horizontal distance between the side lot
lines, ordinarily measured parallel to the front lot line.
See definition for "fixture."
means a building within which is conducted the principal
use permitted on the lot, as provided by this title.
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.
means:
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;
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;
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.
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.
means a plot of ground within a manufactured dwelling park
that is designed for the accommodation of one manufactured dwelling.
See subsection 3 of the definition of "Manufactured dwelling."
means a commercial boat launch, moorage or similar facility
which may include dry or wet boat storage and boathouses.
means light fixtures directed at the ocean and coastal tide
pools, and illuminating the marine area.
means a permanent roofed structure attached to and supported
by the building and projecting over public property.
means the average height of the high waters over a 19 year
tidal cycle (as per U.S.G.S. definitions).
is the average of the higher of the two high water heights
of each tidal day observed over the National Tidal Datum Epoch.
means the average height of the low waters over a 19 year
tidal cycle (as per U.S.G.S. definitions).
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).
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.
See subsection 2 of the definition of "Manufactured dwelling."
See "Manufactured dwelling park."
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.
means a dwelling unit, constructed partly on-site, consisting
of some prefabricated members; excluding manufactured homes.
means a series of sleeping units, each having a separate
entrance, composed of one or more bedrooms and bathroom, excluding
any facility which meets the definition of "bed and breakfast facility."
See "Recreational vehicle."
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.
means a lot which does not meet the area or width requirements
of the zone in which it is located.
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.
means the area 250 feet in all directions of the affected
property excluding road or street rights-of-way.
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.
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.
means a dune that is stable from wind erosion, and that may
include diverse forest cover. They include older foredunes.
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.
means a luminaire outside of an enclosed building or structure,
or any luminaire directed such that it primarily illuminates outdoor
areas.
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.
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.")
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.
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.
means a unit of land that is created by partitioning land.
"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.
"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.
means space within a private or public parking area, building
or structure, for the parking of one automobile.
"Off-street parking space" means a parking space located
outside of public right-of-way with minimum dimensions of 18 feet
long and nine feet wide. Off-street parking spaces shall have surfaces
such as gravel, pavement, tile, brick or concrete suitable for parking
a vehicle. Required off-street parking spaces shall not be located
in a required yard that abuts a street.
means either an act of partitioning land or an area or tract
of land partitioned.
"Major partition" means a partition which includes the creation
of a road or street.
"Minor partition" means a partition that does not include
the creation of a road or street.
means to divide land into two or three parcels of land within
a calendar year, but does not include:
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;
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;
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).
means a final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a
major or minor partition.
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.
means a fixed moorage facility constructed outward from the
shoreline.
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.
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.
means a body appointed by the City Council to administer
the planning ordinances.
means a final subdivision plat, replat or partition plat.
means an outside walking area, the floor of which is elevated
more than eight inches from the ground.
means an office occupied by physicians, dentists, accountants,
attorneys, optometrists, architects, professional engineers, or surveyors,
or persons engaged in similar occupations.
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.
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.
means a State of Oregon official.
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.
means a lot or tract where the primary land use is the parking
on a fee or other basis of occupied recreational vehicles.
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.
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).
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.
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.
means the area of a lot within the building setbacks. The
required yard varies with the zoning of the property.
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.
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.
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.
means a tourist-oriented establishment, having recreational,
eating and sleeping accommodations located on the premises.
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.
See "Nursing home."
means an establishment where prepared food is served to the
public for consumption on the premises, or to "take out" to some other
location.
See "Restaurant, café."
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.
"Active restoration" means the use of specific positive remedial
actions to revitalize or reestablish functional characteristics and
processes of the estuary.
"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.
means a strip of land within which is located a passageway,
as conveyed for a specific purpose.
means of or pertaining to or living on the bank of a river
or lake or, of a tidewater.
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.
means a residential building or portion thereof providing
sleeping rooms where lodging for three or more persons is provided
for compensation.
has the meaning given to it in OAR 660-023-0020(2).
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.
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.
means minimal lighting for personal and building security
and safety after hours.
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.
means a City employee in charge of the Sewer Department.
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).
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.
means the protection of the banks of tidal or intertidal
streams, rivers, estuarine waters, and oceanfront by vegetative or
structural means.
means a continuous fence, wall, hedge, or combination thereof,
constructed and/or planted so as to effectively screen the particular
use from view.
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.
"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.
"Freestanding sign" means a sign supported by a structure
or supports upon the ground and not attached to or supported by any
building.
"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.
"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.
"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.
"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.
"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.
means a durable all-weather material having a finished exterior
surface surrounding a manufactured dwelling and effectively screening
the wheels and undercarriage from view.
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.
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.
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.
"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.
"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.
"Cul-de-sac or dead end street" means a minor street with
only one outlet which provides a vehicular turn-a-round.
"Minor street" means a street designed to provide access
to abutting residential property with only incidental service to through
traffic.
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.
means something constructed or built and having a fixed base
on, or fixed to the ground or another structure.
means to divide land into four or more lots within a calendar
year.
means either an act of subdividing land or an area or a tract
of land subdivided.
means a final map and other writing containing all the descriptions,
locations, specifications, dedications, provisions and information
concerning a subdivision.
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:
means any device designed to anchor a manufactured dwelling
securely to the ground.
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.
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.
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.
means lighting that is directed in such a manner as to shine
light rays above the horizontal plane.
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.
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.
means a City employee in charge of the Water Department.
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.
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.
means a space other than a court on the same lot with a building
open from the ground.
"Front yard" means a yard extending across the full width
of the lot, the depth of which is the minimum horizontal distance
between the front lot line and a line parallel thereto at the nearest
point of the foundation of the main building.
"Rear yard" means a yard extending across the full width
of the lot between the most rear main building and the rear lot line;
but for determining the depth of the required rear yard it shall be
measured horizontally from the nearest point of the rear lot line;
or, if the rear lot line adjoins an alley, then from the center line
of the alley, toward the nearest part of the foundation of the main
building.
"Side yard" 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.
(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)