Chapter 18.10 GENERAL PROVISIONS

Chapter 18.10
GENERAL PROVISIONS

Sections:

18.10.010 Title.

18.10.015 Purpose.

18.10.020 Compliance and scope.

18.10.025 Rules of code construction.

18.10.030 Development code consistency with Comprehensive Plan and laws.

18.10.035 Development code and Zoning Map implementation.

18.10.040 Coordination of building permits.

18.10.045 Official action.

18.10.050 Lot of record and legal lot determination.

18.10.055 Nonconforming situations.

18.10.060 Violations and enforcement.

18.10.065 Definitions.

18.10.010 Title.

The official name of this code is “The City of Burns Development Code.” It may also be referred to as “development code” and “code.” [Ord. 23-887 (Exh. A), 2023]

This code is enacted to promote the public health, safety, and welfare; and to encourage the orderly and efficient development and use of land within the City of Burns, consistent with the City of Burns Comprehensive Plan and the following principles:

1. To promote the public health, safety, and welfare of the citizens of the City of Burns.

2. Full and efficient utilization of urban services (e.g., water, sewer, storm drainage, parks, and transportation facilities).

3. Development of an interconnected street system supporting multiple modes of transportation.

4. To comply with ORS 197 and 227. [Ord. 23-887 (Exh. A), 2023]

18.10.020 Compliance and scope.

1. Compliance with the Development Code. No structure or lot shall hereinafter be used, developed, or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or otherwise altered except as permitted by this code. Furthermore, annexations and amendments to the Zoning Map and amendments to the development code shall conform to applicable provisions of this code.

2. Obligation by Successor. The requirements of this code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.

3. Transfer of Development Standards Prohibited. Except as otherwise specifically authorized by this code, no lot area, yard, landscaping, or open space that is used to satisfy a requirement of this code for one use shall be used to satisfy the same requirement for another use. [Ord. 23-887 (Exh. A), 2023]

18.10.025 Rules of code construction.

1. Provisions of This Code Declared to Be Minimum Requirements. The provisions of this code, in their interpretation and application, are minimum requirements, adopted for the protection of public health, safety, and general welfare.

2. Highest Standard or Requirement Applies. Where the requirements of this code vary from another provision of this code or with other applicable regulations, the highest standard or regulation shall govern. The Planning Official or Planning Commission, as applicable, shall determine which code provision sets the highest standard.

3. Tenses. Words used in the present tense include the future; the singular form includes the plural; and the plural includes the singular.

4. Mandatory Versus Permissive Code Provisions. The use of the word “shall,” “must,” “required,” or similar directive terms means the code provision is a mandatory requirement. The use of the word “should,” “encouraged,” “recommended,” or similar terms means the provision may be imposed as a requirement but only where the applicable code criteria allow the City decision-making body to exercise such discretion.

5. Reasonable Interpretations to Resolve Ambiguities. After attempting to resolve any ambiguities in the code under subsections (1) through (4) of this section, the City Council may interpret ambiguities in the code provided such interpretations are reasonable.

6. Severability. The provisions of this code are severable. If any section, sentence, clause, or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the code. [Ord. 23-887 (Exh. A), 2023]

18.10.030 Development code consistency with Comprehensive Plan and laws.

1. City of Burns Comprehensive Plan. This code implements the City of Burns Comprehensive Plan. Except as otherwise required by applicable state or federal law, all provisions of this code shall be construed in conformity with the Comprehensive Plan, including any Comprehensive Plan elements or public facility master plans adopted pursuant to the Comprehensive Plan.

2. Compliance with Other Laws Required. In addition to the requirements of this code, all uses and development must comply with all other applicable City, state of Oregon, and federal rules and regulations.

3. References to Other Regulations. All references to other City, state, and federal rules and regulations are for informational purposes only and do not constitute a complete list of such requirements. The references do not imply any responsibility by the City for enforcement of state or federal regulations. Where a proposal, permit, or approval is subject to both City of Burns requirements and state or federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.

4. Current Versions and Citations. All references to the regulations of other jurisdictions refer to the most current version and citation for those regulations, except where this code, City Council policy, or applicable law requires otherwise. Where a referenced regulation has been amended or repealed, the Planning Official, Planning Commission or, upon referral, the City Council, shall interpret this code and, based on adopted City policy, determine whether an equivalent standard applies. Such determinations, unless made through a legislative process, may be appealed to City Council. [Ord. 23-887 (Exh. A), 2023]

18.10.035 Development code and Zoning Map implementation.

1. Zoning of Areas to Be Annexed. Concurrent with annexation of land to the City of Burns, the City Council shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant to Section 18.20.700, Amendments to the Zoning Map or land use regulations or the Comprehensive Plan. The Comprehensive Plan shall guide the designation of zoning for annexed areas.

2. Land Use Consistent With Development Code. Land and structures in the City of Burns may be used or developed only in accordance with this code, including all amendments thereto. A lawful use of land (“use”) is one that is permitted in accordance with this code, or is allowed as a legal nonconforming use, pursuant to Section 18.10.055, provided state or federal law does not prohibit the use.

3. Development Code and Zoning Map. The City’s Official Zoning Map (“Zoning Map”), which may be published, amended, and filed separately from this code, is part of this code. The zoning districts depicted on the Zoning Map correspond to the zoning districts in this code. In addition, this code may contain zoning regulations for special areas (i.e., overlay zones), and for certain uses or structures that do not appear on the Zoning Map.

4. Zoning Map Interpretation. Except as otherwise specified by this code, the City’s zoning boundaries are as designated on the Official Zoning Map, which is kept on file at City Hall. The City may adopt and publish supplemental Zoning Maps where it is impractical to illustrate all regulated features on one map. Examples of regulated features include, but are not limited to, historical landmarks, special street setbacks, base flood (flood hazard area) elevation, local wetland inventories, and specific area plans. In addition, the City may require field verification and mapping (e.g., survey) of a regulated feature as part of a development application, where the feature is thought to exist on or adjacent to the subject property, but its exact location is unknown.

5. Zoning Boundary Lines. Zoning district boundaries are determined pursuant to Section 18.30.125.

6. Changes to Official Zoning Map. Proposed changes to the Official Zoning Map are subject to review and approval under Section 18.20.700, Amendments to the Zoning Map or land use regulations or the Comprehensive Plan. [Ord. 23-887 (Exh. A), 2023]

18.10.040 Coordination of building permits.

1. Land Use Approvals and Building Permits. Land use and building approvals are processed by two officials: The Harney County Building Official administers building codes and issues building permits; and the Planning Official administers the development code (including flood hazard area regulations), processes land use approvals, and coordinates with the Building Official on development and building projects to ensure compliance with the development code.

2. Zoning Compliance Required for Building Permits. A building permit shall not be issued until the Planning Official has confirmed that all applicable requirements of this code are met, or appropriate conditions of approval are in place to ensure compliance.

3. Zoning Checklist. Where a zoning checklist is required prior to issuance of a building permit, pursuant to Section 18.20.015, the Planning Official, through a Type I procedure, shall review the project proposal. The Building Official shall not issue any building permit without an approved zoning checklist for the project. If in reviewing the project proposal the Planning Official determines that other permits or approvals are required before development may commence or a building permit may be issued, the Planning Official shall advise the applicant, in writing, accordingly. See Chapter 18.20, Land Use Regulation Application Procedures and Approval Criteria. [Ord. 23-887 (Exh. A), 2023]

18.10.045 Official action.

1. Official Action. The City of Burns Planning Official, Planning Commission, and City Council are vested with authority to issue permits and grant approvals in conformance with this code, pursuant to Chapter 18.20, Land Use Regulation Application Procedures and Approval Criteria. City officials shall issue no permit and grant no approval for any development or use that violates or fails to comply with conditions or standards imposed to carry out this code.

2. Void Future Actions. Any permit or approval issued or granted in conflict with the provisions of this code shall be void unless the City modifies it in conformance with the code. The Planning Official shall determine when an approval is void and, as applicable, he or she shall refer it back to the decision body for modification to ensure code compliance.

3. Referral to Planning Commission. In addition to those actions that require Planning Commission approval, the Planning Official may refer any question or permit request to the Planning Commission, who then shall take action on the request pursuant to the applicable provisions of this code. See also Section 18.30.135, Similar use determinations, and Chapter 18.20, Land Use Regulation Application Procedures and Approval Criteria.

4. Notices, Filing, and Validity of Actions. The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this code, provided a good faith effort was made to notify all parties entitled to such notice report or form. See Section 18.20.010, General review procedures. [Ord. 23-887 (Exh. A), 2023]

18.10.050 Lot of record and legal lot determination.

1. Purpose and Intent. The purpose of this section is to establish criteria and a process for determining when a lot of record exists for the purpose of allowing a use or development on a nonconforming lot (e.g., substandard lot that does not meet lot area, setback, or coverage regulations). The owner of a lot of record shall not be denied development of one single-family dwelling per lot of record, provided applicable building codes are met. The City shall accept a legal lot determination as sufficient evidence of a hardship for purposes of approving a variance under Section 18.20.525.

2. Criteria. A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 through 92.190:

A. The plot of land was lawfully created through a subdivision or partition plat in Harney County prior to annexation to the City of Burns.

B. The plot of land was created through a deed or land sales contract recorded with Harney County before the City or county, as applicable, adopted planning, zoning, subdivision or partition regulations.

C. The plot of land was created through a deed or land sales contract recorded with Harney County prior to January 1, 2007, and the subject plot of land would have complied with the applicable planning, zoning, subdivision, or partition regulations in effect at the time it was created.

3. Legal Lot Determination Procedure. The Planning Official, through a Type II procedure, shall process requests to validate a lot of record, pursuant to ORS 92.010 to 92.190. [Ord. 23-887 (Exh. A), 2023]

18.10.055 Nonconforming situations.

1. Purpose and Applicability. This section provides standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with current code standards (“nonconforming situations”). The code is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. The section contains three sections, as follows:

A. Nonconforming uses (e.g., industrial use in residential zone) are subject to subsection (2) of this section.

B. Nonconforming developments (e.g., a structure does not meet setback or height standards) are subject to subsection (3) of this section.

C. Nonconforming lots (e.g., a lot is smaller than minimum area standards) are subject to subsection (4) of this section.

2. Nonconforming Use. Where a use of land exists that would not be permitted under the current code, but was lawful at the time it was established, the use may continue, provided it conforms to the following requirements:

A. Expansion of Nonconforming Use Limited. Expansion of a nonconforming use up to 20 percent of the project site or building is permitted provided it does not create any new or increase any existing physical development nonconformities; expansions up to 20 percent are subject to a noticed Type I land use review; provided, however, that the Planning Official may elevate the application to a Type II site design review when additional information is required to process the request. Expansion of a nonconforming use greater than 20 percent or a request that proposes to change the site use from one nonconforming use to another shall only be approved with a Type III conditional use permit.

B. Location of Nonconforming Use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into conformance with this code.

C. Abandonment of Nonconforming Use. A nonconforming use is abandoned when it has been discontinued, for any reason other than fire or other catastrophe beyond the owner’s control, for a period of more than 24 months. For purposes of calculating the 24-month period, a use is discontinued when the approving authority concludes that a preponderance of the factual information on the historic use of the property most likely demonstrates the right to a nonconforming use has been abandoned, based upon information such as, but not necessarily limited to:

(1) The use of land is physically vacated;

(2) The use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods, stock, or office equipment, or the disconnection of telephone or utility service;

(3) Any lease or contract under which the nonconforming use has occupied the land is terminated; or

(4) A request for final reading of water and power meters is made to the applicable utility districts.

D. Application of Code Criteria and Standards to Nonconforming Use. Once the City deems a use abandoned pursuant to subsection (2)(C) of this section, any subsequent use of the subject lot shall conform to the current standards and criteria of this code. After the City has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership or management; any such activity is a violation of this code and subject to enforcement proceedings under Section 18.10.060.

E. Extension of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of subsection (2)(C) of this section, a nonconforming use that is discontinued shall not be considered abandoned where, through a Type III procedure, the Planning Commission approves an extension for repair, including as applicable ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the 24-month period of discontinuance.

3. Nonconforming Development. In situations where a development exists on the effective date of adoption or amendment of this code that could not be built under the terms of the code today, for example, by reason of restrictions on lot area, lot coverage, location on a lot, setbacks, height, yard, equipment, access, parking, landscaping, or other physical restriction or requirement. If the development was lawful when constructed, it may remain on the site so long as it remains otherwise lawful and complies with the following regulations:

A. Alterations. A nonconforming development can be enlarged or altered in a way that does not increase its nonconformity through a Type I review; for example, an addition to an existing building that does not meet a required setback could be approved provided the building line does not further encroach on the nonconforming setback. Proposed alterations or expansions of existing nonconforming development that would increase the development’s nonconformity up to 50 percent can be approved subject to approval of a Type III conditional use permit. Notwithstanding the foregoing, nothing in this section shall be interpreted to allow violation of applicable building codes or fire codes.

B. Destruction. Should a nonconforming development or nonconforming portion of a development be destroyed by fire or other catastrophe beyond the owner’s control, the nonconforming development may be reconstructed within 24 months, in a manner that does not increase the nonconformity as it existed before the event. After 24 months, reconstruction shall only be in full conformity with this code; the time limitation for reconstruction has no effect on rights to reestablish a nonconforming use after a fire or other catastrophe as allowed under subsection (2) of this section.

C. Roadway Access. Notwithstanding subsections (3)(A) and (3)(B) of this section, the owner of a nonconforming driveway approach or access to a public street or highway, upon receiving land use or development approval, may be required as a condition of approval to bring the nonconforming access into conformance with the standards of the applicable roadway authority.

D. Relocation or Removal. Once a nonconforming structure or a portion of a nonconforming structure or development is moved, it shall thereafter conform to current code standards.

4. Nonconforming Lot. A legal lot or lot of record, as provided by Section 18.10.050, with an area or dimensions that do not meet the standards of the zoning district in which the property is located may be occupied by a use permitted in the zone, subject to other requirements of the zone. [Ord. 23-887 (Exh. A), 2023]

18.10.060 Violations and enforcement.

Except as provided under subsection (4) of this section, any person violating or causing the violation of any of the provisions of this code who fails to abate said violation has committed a misdemeanor, which, upon conviction thereof, is punishable as prescribed in ORS 161. Such person is guilty of a separate violation for each and every day during any portion of which a violation of this code is committed or continued. A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation.

1. Notice of Violation. After receiving a report of an alleged violation from the Planning Official, the City Attorney or other enforcement official duly designated by the City Council shall, upon determining that probable cause exists, promptly give notice of the alleged violation by certified first-class mail, return receipt requested, or by personal service to the owner of record for tax purposes and to the person in charge of the property; however, a defect in the notice of violation with respect to this notice delivery provision shall not prevent enforcement of this code. Such a notice shall indicate:

A. The location and nature of the violation;

B. The provision or provisions of this code or conditions of approval which allegedly have been violated;

C. Whether immediate enforcement shall be sought or if 15 days will be allowed to correct or remove the violation; and

D. The date when the notice was personally served or, if the notice was sent by first-class mail, the date three days after mailing if the address to which it was mailed is within this state and seven days after mailing if the address to which it was mailed is outside this state.

2. Enforcement. When the compliance deadline set forth in the notice expires, the City Attorney or other enforcement official duly designated by the City Council shall proceed with any action deemed appropriate, unless:

A. The City Attorney or other enforcement official duly designated by the City Council finds that the violation has been corrected, removed, or will not be committed; or

B. A court of competent jurisdiction has halted enforcement pending the outcome of a proceeding concerning the violation.

3. Penalties. Code violations may be subject to criminal, civil, or other sanctions authorized under ordinances of the City.

A. Criminal Penalties. Unless specified otherwise, every violation of the terms of this code is a Class A infraction, punishable by a fine not to exceed $500.00. Each day such violation continues, it shall be considered a separate offense.

B. Civil Penalties and Remedies. In addition to, or in lieu of, criminal actions, a violation of this code or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement.

4. Other Remedies. The City, in addition to finding a code violation is a misdemeanor, may use any of the other remedies available to it, including, but not limited to, the following:

A. Stop Work Order. The City may issue a stop work order.

B. Public Nuisance. The City may find a violation of this code is a public nuisance and take enforcement action pursuant to Chapter 8.10.

C. Mediation. The City and property owner may agree to engage in mediation. [Ord. 23-887 (Exh. A), 2023]

18.10.065 Definitions.

1. Purpose. The purpose of this section is to define terms that are used in the City of Burns Development Code and other terms that may arise in interpreting the code, particularly those that may be uncommon or have more than one meaning.

2. Applicability.

A. Definitions. The definitions in this section apply to all actions and interpretations under the City of Burns Development Code. The meanings of some terms in this section may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control.

B. When a Term Is Not Defined. Terms not defined in this code shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, shall be considered a standard reference.

C. Land Use Categories. This section defines the land use categories used in Chapter 18.30.

D. Conflicting Definitions. Where a term listed in this section is defined by another section of this code or by other regulations or statutes referenced by this code, the term is not redefined herein for purposes of that other code.

3. Definitions. The following definitions are organized alphabetically:

“Abutting” means contiguous or adjoining.

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

“Access control” means where the right of access between a property abutting the highway and the highway has been acquired by a roadway authority, or eliminated by law, pursuant to access or approach spacing standards.

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

“Access management” means the systematic control of the location, spacing, design, and operation of driveways, median openings, interchanges, and street connections to a roadway to minimize conflicts between turning and through vehicles, bicyclists, and pedestrians. The purpose of access management is to provide vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system. Public facility measures to support access management include roadway design applications, such as median treatments and auxiliary lanes, and the appropriate spacing of traffic signals. Measures that may be included as conditions of approval for development decisions include, but are not limited to, (A) standards such as minimum spacing of driveways and on-site vehicle storage requirements; (B) mitigations related to site conditions such as right-in-right-out only approaches, medians, dedicated turn lanes, and shared driveways; and (C) provision for future opportunities for mitigation by land dedication or easement.

“Access management plan” means a plan adopted by the City, or jointly by the Oregon Transportation Commission (OTC) in coordination with the City, for managing access on a designated section of an arterial street or highway, or within the influence area of a highway interchange.

“Access point” means a connection providing for the movement of vehicles between a lot or parcel and a public roadway.

“Access, reasonable” means access that does not require excessive out-of-direction travel or pose a safety hazard.

“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.

“Access way” means a walkway providing a through connection for pedestrians between two streets, between two lots, or between a development and a 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); it may also be designed to accommodate emergency vehicles. See also “Walkway.”

Accessible. Two meanings are possible depending on the specific code provision. In general, “accessible” means approachable by pedestrians, vehicles, or other transportation modes, as applicable. “Accessible” may also mean approachable and useable by people with disabilities, in conformance with the federal Americans with Disabilities Act. Either or both definitions may apply in a particular situation.

“Accessory structure” means a structure of secondary importance or function on a site. In general, the primary use of the site is not carried out in an accessory structure. Examples of accessory structures include, but are not limited to, garages, decks, fences, arbors, gazebos, heat pumps, workshops, and other structures. See also “Primary structure.”

“Accessory use” means a use or activity that is a subordinate part of a primary use and that is clearly incidental to a primary use on a site. See also “Primary use.”

“Adjacent” means abutting or located directly across a street right-of-way or easement.

“Agriculture (land use)” means small-scale cultivation of agricultural products such as vegetables and fruits, primarily for personal consumption/use. The keeping of livestock is also included in this definition subject to the provisions of Section 18.30.270.

“Alter/alteration” means a change in use or occupancy or physical change to a structure or site. Alteration does not include normal maintenance and repair. Alterations may or may not require land use approval, but property owners should check with the City before preparing project plans or commencing development. Alterations include, but are not limited to, the following:

A. Changes in use or occupancy;

B. Changes to the exterior of a building;

C. Changes to the interior of a building;

D. Increases or decreases in floor area of a building;

E. Changes to other structures on the site, or the development of new structures;

F. Changes to exterior improvements;

G. Changes to landscaping; and

H. Changes in the topography of the site.

“Alternate access” means the right to access a property by means other than the proposed approach or access connection. It may include an existing public right-of-way, another location on the subject street or highway, an easement across adjoining property, a different street, a service road, a local road, or an alley, and may be in the form of a single or joint approach.

“Animal services (land use)” means the treatment, boarding, training, or grooming of animals, including retail sales of associated products.

“Applicant” means a person who applies for a permit or approval under this code. An applicant can be the owner of the property, a contract purchaser, or someone who is legally authorized to represent the owner, such as a builder, developer, or contract purchaser.

“Block” means all property bound by streets, rights-of-way (pedestrian or vehicle ways), water features, or any combination thereof, but is not divided or separated in any way by streets or water features.

Block Frontage. See figure below.

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

“Building footprint” means the outline of a building, as measured around its foundation.

“Building/structure height” means the vertical distance from the average contact ground level at the front wall of the building to the highest top plate.

“Building line” means a line running parallel to a lot line that is the same distance from the lot line as the closest portion of a building on the site, typically used in reference to required setback yards.

“Building official” means the person who enforces the building ordinances and regulations for the City, and other ordinances and regulations as assigned.

“Capacity” means maximum holding or service ability, as used for transportation, utilities, parks, and other public facilities. See also definition of “occupancy” in applicable building codes.

“Carport” means a stationary structure consisting of a roof and its supports used to shelter motor vehicles, recreational vehicles, or boats; does not include temporary shelters or canopies not affixed to a permanent foundation per applicable building codes.

“Change of use” means change in the primary type of use on a site.

“Child family daycare (land use)” means care for not more than 16 children in a home. See ORS 657A.440(4) for applicable licensing and other requirements.

“City” means the City of Burns, Oregon.

“Clearing (as in clearing and grading)” means any activity that removes existing vegetation or strips surface material from any portion of the site and exceeding typical yard maintenance for a single-family dwelling.

“Clear and objective” means decision criteria and standards that do not involve substantial discretion or individual judgment in their application.

“Club, membership (land use)” means any organization, group, or association supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests, but shall not include any organization, group, or association the chief activity of which is to render a service customarily carried on as a business.

“Commercial” means land use involving buying/selling of goods or services as the primary activity. See also “Retail sales and services.”

“Commercial day care (land use)” means facilities that provide care and supervision of minor children for periods of less than 24 hours that do not otherwise meet the definition of family daycare.

“Common area” means land jointly owned to include open space, landscaping, or recreation facilities (e.g., may be managed by a homeowners’ association).

“Comprehensive Plan” means the current adopted Comprehensive Plan of the City of Burns.

“Conditional use” means a use that requires a conditional use permit. See Section 18.20.300.

“Condominium” means ownership of a single unit in a multi-unit structure that may contain common areas and facilities; includes both residential and commercial condominiums. See ORS 100 for applicable requirements.

“Contracting services (land use)” means businesses characterized by the installation of materials or equipment on the property of the purchaser.

Corner Lot. See “Lot, corner lot.”

“Corner radius” means the radius of a street corner, as measured around the curb or edge of pavement, except as otherwise specified by applicable engineering design standards.

“Council/City Council” means the City Council of Burns, Oregon.

“County” means Harney County.

“Cross access easement” means an easement providing vehicular access between two or more separate sites, so that the driver need not enter the public street system between sites.

“Days” means calendar days, unless specifically stated as working days. Working days include Monday through Friday, excluding federal holidays.

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

The term may also be used for dedications to a private homeowners’ association.

“Develop” means to construct or alter a structure or to make a physical change to the land, including excavations, clearing, and fills. See also “Alteration.”

“Development” means all improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities.

“Discontinued use” means a use that physically left the land it was on, a permitted use that ceased, or a use terminated at the end of a lease or contract. See Section 18.10.055, Nonconforming situations.

“Discretionary” means a permit action or decision that involves substantial judgment or discretion.

“Dormitory (land use)” means a residential building that provides private or semi-private rooms for residents, often along with common restroom facilities and recreation areas. Dormitories are often but not always associated with an educational institution.

“Drive-through/drive-up facility” means a facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities may serve the primary use of the site or may serve accessory uses. Examples are drive-up windows; automatic teller machines; coffee kiosks and similar vendors; menu boards; order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water, and windshield washing stations; quick-lube or quick-oil change facilities; and drive-in theaters. All driveways, queuing and waiting areas associated with a drive-through/drive-up facility are similarly regulated as part of such facility.

“Driveway” means the area that provides vehicular access to a site from a street, or the area that provides vehicular circulation on a site.

“Driveway apron” means the edge of a driveway where it meets a public right-of-way. Note: The design standards of the applicable roadway authority apply.

“Driveway approach” means a driveway connection to a public street or highway where it meets a public right-of-way. Note: The design standards of the applicable roadway authority apply. See also OAR 734, Division 51, for definitions specific to state highways.

“Driveway, shared” means when land uses on two or more lots or parcels share one driveway. An easement or tract (owned in common) must be created and recorded for this purpose.

“Durable and electronic goods repair or services (land use)” means the repair and maintenance of consumer goods and electronics (e.g., household appliances, vehicles, computers, etc.).

“Dwelling” means a structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. If the individual units are self-contained, assisted living facilities for the elderly or disabled as defined by the state of Oregon, having common food preparation, dining, social, recreational, and/or housekeeping facilities are included in this definition. Typical accessory uses include: accessory storage buildings; private garage and parking areas; storage of not more than one commercial vehicle per dwelling unit; common area buildings for residents, guest houses, and guest quarters not in the main building, provided such houses and quarters are and remain dependent upon the main building for either kitchen or bathroom facilities, or both, and the guest facilities are used for temporary lodging only and not as a place of residence; and the taking of boarders or leasing of rooms by a resident family, providing the total number of boarders and roomers does not exceed two in any dwelling unit. For the purposes of this code, the following types of dwelling units are defined:

A. “Accessory dwelling” means a secondary dwelling unit on a lot where the primary use is a single-family dwelling.

B. “Attached, single-family” means a dwelling unit located on its own lot that shares one or more common or abutting walls with one or more dwelling units on adjacent lot(s).

C. “Duplex dwelling” means a structure that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.

D. “Dwelling unit” means a building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a person or a group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar.

E. “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.

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

G. “Multifamily development” means a structure or grouping of structures containing three or more dwellings on the same lot.

H. “Multifamily structure” means a structure containing three or more dwelling units. The land underneath the structure is not divided into separate lots.

I. “Recreational vehicle (RV)” means a vehicle, with or without motive power, that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes and is further defined by state law and/or administrative rules.

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

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

L. “Residential trailer” 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 before January 1, 1962.

M. “Single-family, detached dwelling” means a detached dwelling unit located on its own lot.

N. “Triplex dwelling” means a structure that contains three primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.

“Easement” means a grant of rights by a property owner that allows others to use the owner’s land for a specific purpose, such as access or to locate utilities.

“Eating or drinking establishment (land use)” means those businesses, such as restaurants, inns, bars, taverns, or any similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink.

“Emergency apparatus lane or fire lane” means an unobstructed area or driveway meeting Uniform Fire Code requirements; typically not to be used for parking or loading areas.

“Energy production (land use)” means commercial-scale energy production uses where the primary purpose of the use is to generate electricity.

“Entertainment establishment (land use)” means the operation of facilities that enable patrons to engage in cultural, entertainment, or recreational interests. Such businesses include, but are not limited to: cinemas and theaters; nightclubs; concert halls; amusement parks; arcades; billiard halls; card rooms; comedy clubs; etc.

“Final plat” means the diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division, pursuant to ORS 92 and Chapter 18.20, Article I, Land Divisions and Property Line Adjustments.

“Financial services (land use)” means institutions providing retail banking and investment services, mortgage lending, and similar services to individuals and businesses. Automatic teller machines (ATMs) and drive-throughs (where permitted) are common accessory uses.

“Flood hazard area/hazard area” means area as so indicated by the federal flood insurance rate map, as amended.

“Floor area” means area of building, which may be described in terms of gross (overall) square feet, or net marketable/leasable space.

“Garage” means a covered permanent structure designed to provide shelter for vehicles, and which is accessory to a dwelling or other primary use. Carports are considered garages.

“Goods and materials handling (land use)” means businesses involved in the movement of raw goods and materials from their native site to the point of use in manufacturing, and/or distribution of finished products to end users.

“Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. This is the definition used in the Oregon Structural Specialty Code (the International Building Code as amended by the state of Oregon).

“Grading” means all cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development.

“Ground cover” means living or processed plant material (e.g., mulch, bark chips), river rock, and cinders used for aesthetic purposes and to prevent erosion (i.e., cover bare ground) in designated landscape areas. See Chapter 18.50, Article III, Landscaping, Fences and Walls and Exterior Lighting.

“Ground floor” means building floor closest to street level and within four feet of finished grade.

“Hazardous substances” means any substance, material, or waste listed below:

A. Nuclear or radioactive materials or waste;

B. Chemicals subject to reporting under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, published July 1987, U.S. Environmental Protection Agency;

C. Hazardous Materials Table, in the Code of Federal Regulations (CFR), Title 49, Part 172.101;

D. Other substances as determined by applicable state or federal agency.

“Home occupation (land use)” means a business activity that is carried out on the same site as a dwelling unit, and which is accessory to the residential use on the site, subject to the special use provisions of Section 18.30.200.

“Hospital (land use)” means a licensed institution providing continuous medical and surgical treatment and nursing care for sick or injured people. A hospital is differentiated from medical services as a land use type.

“Hotel/motel (land use)” means a building or portion thereof designed and used for occupancy of transient individuals lodged with or without meals for a continuous period not to exceed 29 days. (See ORS 446.310.)

“House of worship (land use)” means a building constructed or utilized primarily for worship, and buildings where persons regularly assemble for religious worship, and which is controlled by a religious body organized to sustain worship.

“Incidental and subordinate to” means secondary to, and less apparent than, the primary use or other portion of the development.

“Intersection” means an at-grade connection of a public or private approach road to the highway.

[Reserved]

“Laboratory (land use)” means a facility for testing, analysis, and/or research. Examples of this use include medical or scientific labs, soils and materials testing labs, and forensics labs.

“Land division” means the process of dividing land to create parcels or lots. See Chapter 18.20, Article I, Land Divisions and Property Line Adjustments.

“Landscaping” means any combination of living plants such as trees, shrubs, plants, vegetative ground cover, or turf grasses, and may include structural features such as walkways, fences, benches, plazas, fountains, or the like. Also includes irrigation systems, mulches, topsoil, and revegetation or the preservation, protection, and replacement of trees.

“Land use” means the activity or activities that occur on a piece of land. Activities may be individually identified as primary or accessory uses.

“Land use decision” means a final decision or determination made by the City of Burns that concerns the adoption, amendment, or application of the statewide planning goals, the Comprehensive Plan, or any land use regulation (i.e., this code) where the decision requires the interpretation or exercise of policy or legal judgment (ORS 197.015). Note: All decisions requiring Quasi-judicial review by the City of Burns are land use decisions. Decisions subject to administrative review are considered limited land use decisions, pursuant to ORS 197.015.

Legislative. A legislative action or decision is the making of law, as opposed to the application of existing law to a particular use (e.g., adoption of, or amendment to, a Comprehensive Plan or development regulation). See also Section 18.20.720.

“Level of service (“LOS”)” means a quantitative standard for transportation facilities describing operational conditions. See City of Burns transportation system plan.

“Loading area” means the area available for the maneuvering and standing of vehicles engaged in delivering and loading goods, freight, or other articles. See also Section 18.50.400, Parking, loading and drive-through queues.

“Lot” is a legally defined piece of land other than a tract that is the result of a land division. The following definitions for “lot” apply to the state definition of both “lot” (result of subdividing) and “parcel” (result of partitioning). See figures below.

A. “Corner lot” means a lot that has frontage on more than one intersecting street. A street that curves with angles of 120 degrees or less, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot. See figures below.

B. “Flag lot” means a lot with two distinct parts:

(1) The flag, which is the only building site and is located behind another lot; and

(2) The pole, which connects the flag to the street, provides the only street frontage for the lot, and at any point is less than the minimum lot width for the zone.

C. “Through lot” means a lot that has frontage on two parallel or approximately parallel streets.

“Lot area” means the total surface area (measured horizontally) within the boundary lines of a lot.

“Lot consolidation” means a reduction in the number of lots, i.e., the creation of one lot from two or more existing lots.

“Lot coverage” means the total area of a lot covered by building(s), as provided by the applicable land use district development standards.

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

“Lot frontage” means linear distance of property lines that coincide with a public right-of-way or City-approved private street easement.

Lot Line Adjustment. See “Property line adjustment.”

“Lot lines/property lines” means the property lines along the edge of a lot or site. See figures below.

A. “Front lot line” means a lot line, or segment of a lot line, that abuts a public street or City approved private street. On a corner lot, the front lot line is the shortest of the lot lines that abut a street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front lot line for the purpose of determining required setbacks. However, a through lot has two front lot lines regardless of whether the street lot lines are of equal or unequal length. See figures below.

B. “Rear lot line” means a lot line that is opposite a front lot line. A triangular lot has two side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are nearly opposite the front lot line. See figures below.

C. “Side lot line” means a lot line that connects front and rear lot lines. On a corner lot, the longer lot line that abuts a street is a side lot line. See figures below.

D. “Side street lot line” means a lot line that is both a side lot line and a street lot line. See figures below.

E. “Street lot line” means a lot line, or segment of a lot line, that abuts a street. “Street lot line” does not include lot lines that abut a dedicated alley. On a corner lot, there are two (or more) street lot lines. “Street lot line” can include front lot lines and side lot lines, however, both are considered front yards for the purpose of measuring required setbacks. See figures below.

Corner Lots

Flag Lot

Front and Side Lot Lines

Street Lot Lines

Lot Lines on Irregular Lots

F. “Lot of record” means a legally created lot or parcel meeting all applicable regulations in effect at the time of creation and held in separate ownership, or any other lot deemed a legal lot under Section 18.10.050.

“Lot width” means the diameter of the largest circle that can be inscribed within the lot boundaries.

“Main/primary building entrance” means the entrance to a building that most pedestrians are expected to use. Generally, each building has one main entrance; however, some buildings may have more than one primary entrance or may have entrances that open directly into the building’s lobby or principal interior ground level circulation space.

“Major remodeling” means projects where the floor area or the developed area of the site increases by 50 percent or more.

“Maneuvering area/aisle” means the driving area in a parking lot where motor vehicles are able to turn around and access parking or loading spaces.

Manufactured and Mobile Homes. See definitions under “Dwelling.”

“Manufactured dwelling and mobile home park (land use)” means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent or lease space, or keep space for rent or lease, to any person for a charge or fee paid, or to be paid, for the rental or lease or use of facilities, or to offer space free in connection with securing the trade or patronage of such person. “Manufactured dwelling and mobile home park” does not include a lot or lots located within an approved subdivision being rented or leased for occupancy by one manufactured dwelling per lot. See also ORS 446.

“Manufacturing (land use)” means the manufacturing, fabrication, packaging, or assembly of goods. Examples include, but are not necessarily limited to: wood products manufacturing; woodworking, including cabinet makers; production of finished chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; production or fabrication of metals or metal products; manufacture or assembly of machinery, equipment, vehicles, appliances; sign making; and production of prefabricated structures, including mobile homes.

“Materials processing (land use)” means the transformation of raw materials into products. Examples include, but are not necessarily limited to: food and related product processing; breweries and distilleries when not accessory to a commercial use; lumber mills, pulp and paper mills; slaughterhouses or meat packing; processing of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; concrete batching and asphalt mixing; processing of metals or metal products, including enameling and galvanizing.

“Medical services (land use)” means services provided by a health care professional, or by any individual working under the supervision of a health care professional, that relate to the diagnosis, prevention, or treatment of any human disease or impairment. Medical services are often provided in an office- or business-park-like setting and are differentiated from hospitals as a land use type.

“Mixed-use” means the combination of residential uses with commercial (e.g., office, retail, or services), civic, or light industrial uses on a site.

Multifamily Development and Structure. See definitions under “Dwelling.”

“Municipal utility collection, transmission, and facilities (land use)” means systems or facilities used to provide any of the following public services: water, sanitary sewage treatment and disposal, storm drainage, or waste management.

“Nonconforming development” means an element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk, or parking area, or lack thereof, that was created prior to or in conformance with development regulations but which subsequently, due to a change in the zone or applicable code standards, is no longer in conformance with the current applicable development regulations. See Section 18.10.055.

“Nonconforming situation” means a nonconforming development or nonconforming use. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. See also “Nonconforming development” and “Nonconforming use.” See Section 18.10.055.

“Nonconforming use” means a use that was allowed by right when established or a use that obtained a required land use approval when established, but that subsequently, due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See Section 18.10.055.

“Nursing home/long-term care facility (land use)” means a public or private residential facility that provides a high level of long-term personal or nursing care for persons (such as the aged or chronically ill) who are unable to care for themselves.

Office Services, Professional (Land Use). Professional office services are characterized by activities conducted in an office setting and generally focusing on business, government, professional, or financial services. For medical services in office settings, please see “Medical services” definition.

“Off-street parking” means all off-street areas designed, constructed, used, or required, or intended to be used, for the parking of motor vehicles. See Section 18.50.400 for parking standards.

“On-street parking” means parking in the street right-of-way, typically in parking lanes or bays, when allowed by the applicable roadway authority. See Section 18.50.400 for parking standards.

“Orientation” means to cause to face toward a particular point of reference (e.g., “A building oriented to the street”).

“Owner” means the owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the office of the County Assessor. “Owner” also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the City a copy of a deed or contract of sale signed by the owner of record.

“Parcel” means a legally defined area of land created through a partition.

Parking Area. A parking area is all the area devoted to the standing, maneuvering, and circulation of motor vehicles. Parking areas do not include driveways or areas devoted exclusively to non-passenger loading or fire apparatus lanes.

“Parking lot perimeter” means the boundary of a parking lot area that usually contains a landscaped buffer area.

“Parking lot, stand-alone (land use)” means a facility or enterprise that provides parking services for motor vehicles for a fee.

“Parking space” means an improved space designed to provide standing area for a motor vehicle. See Section 18.50.400 for parking space standards.

Parking Versus Storage. “Parking” is to leave a motor vehicle for a temporary time. “Storage” is to place or leave in a location for storage, maintenance, repair, future sale or rental, or future use for an indefinite period of time.

“Partition” 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. See ORS 92.010(8).

“Passive open space (land use)” means undeveloped public or private land that is set aside for low intensity outdoor activities such as walking, hiking, bicycling, boating, picnicking, nature education, bird watching, etc.

“Pathway” means a walkway, bikeway, or access way conforming to City standards and separated from the street right-of-way, that may or may not be within a public right-of-way.

“Personal services (land use)” means the on-site provision of frequent or recurrent services to individuals who may receive services by appointment or as walk-in customers. Such uses include but are not limited to: photocopy/blueprint service; beauty/barber shops; seamstress/tailor shops; massage/day spas; tattoo parlors; etc. The sale of goods related to the services provided is allowed as an accessory use.

“Planned road or street” means a highway, road, street, or alley identified in an adopted corridor plan, Comprehensive Plan or transportation system plan in accordance with administrative procedures of OAR 660-012 and ORS 197, but that has not been constructed.

“Planter strip” means a landscape area for street trees and other plantings within the public right-of-way, usually a continuous planter area between the street and a sidewalk.

“Plat” means diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division. This term includes the state law definitions of “partition plat” and “subdivision plat.” See also Chapter 18.20, Article I, Land Divisions and Property Line Adjustments.

“Posted speed” means the statutory speed established by ORS 811.105 or 811.180, or the designated speed established by ORS 810.180.

“Practicable” means capable of being done after taking into consideration reasonable cost, existing technology, and logistics in light of overall project purposes.

“Primary structure” means a structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory structure is determined by comparing the size, placement, design, appearance, and the orientation of the structures on a site.

“Primary use” means an activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use.

“Project” means an existing or proposed use or development subject to one or more land use approvals.

“Property line adjustment” means the relocation of a single common property line between two abutting properties not resulting in an increase in the number of lots, pursuant to Chapter 18.20, Article I, Land Divisions and Property Line Adjustments. See figure below.

Property Line Adjustment

“Public access easement” means an easement granted to the public for vehicular and pedestrian access, or for nonmotorized access.

“Public improvements” means development of public infrastructure, as required by the City, a special district, or road authority, as applicable. See Chapter 18.40.

“Quasi-judicial” means an action or decision that requires substantial discretion or judgment in applying the standards or criteria of this code to the facts of a development or land use proposal, and requires a public hearing. See Sections 18.20.025 and 18.20.030.

“Recreational vehicle park (land use)” means a commercial use providing space and facilities for motor homes or other recreational vehicles for recreational use or transient lodging. There is no minimum required stay in a recreational vehicle park, however, the City may establish a maximum length of stay. Uses where unoccupied recreational vehicles are offered for sale or lease, or are stored, are not included as recreational vehicle parks.

“Recycling center (land use)” means a facility or building where recyclable materials are collected, stored, and/or processed by crushing, breaking, sorting and/or packaging, but does not include any uses defined as a wrecking or salvage yard.

“Rental services (land use)” means the leasing (short- or long-term) of products/goods other than vehicles or equipment.

“Residential facility (land use)” means a facility that provides residential care, treatment, or training for six or more individuals with intellectual or developmental disabilities, or with mental, emotional or behavioral disturbances, or alcohol or drug dependence in one or more buildings on contiguous properties. See also ORS 443.400.

“Residential home (land use)” means a facility that provides residential care, treatment, or training for five or fewer individuals with intellectual or developmental disabilities, or with mental, emotional or behavioral disturbances, or alcohol or drug dependence in one or more buildings on contiguous properties. See also ORS 443.400.

“Retail sales (land use)” means a business that sells new or used products, goods, or services.

“Retirement or congregate living facility (land use)” means a noninstitutional, shared living environment which integrates shelter and service needs of persons who maintain an independent or semi-independent lifestyle and do not require continual supervision or intensive health care services.

“Right-of-way” means real property or an interest in real property owned by a roadway authority for the purpose of constructing, operating, and maintaining public facilities.

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

“Road/roadway authority” means the City or other agency (e.g., Oregon Department of Transportation or Harney County) with jurisdiction over a road or street.

“Self-storage (land use)” means mini-storage or other storage facilities for individual or business uses. The storage areas are designed to allow private access by the tenant for the storage of personal property.

“Setback/setback yard” means the minimum distance required between a specified object, such as a building, and another point, measured from lot lines to a specified object. Typically, a setback refers to the minimum distance (yard dimension) from a building to a specified property line.

“Shared driveway” means a driveway used to access two or more parcels.

“Shared parking” means required parking facilities for two or more uses, structures, or lots or parcels, which are satisfied jointly with the same facilities. See Section 18.50.400.

“Short-term rental (land use)” means a furnished dwelling unit occupied by overnight guests for less than 30 days and for which a rental fee is paid.

“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 planter strip.

“Sight distance” means the unobstructed viewing distance measured from one object or location to another object or location, usually required for the purpose of traffic safety (e.g., a length of street or highway that a driver can see with an acceptable level of clarity, pursuant to the standards of the applicable roadway authority).

“Sign” means any outdoor device, or device visible from outdoors, providing identification, advertising, or directional information for a specific business, group of businesses, service, product, brand, person, organization, place or building. Included in this definition of signs are: graphic devices such as logos and trademarks; attention-attracting objects such as wind-driven spinners, portable sign devices, logo sculptures, banners, balloons, streamers, strobe lights, flags, inflatable structures, projected picture signs, holographic projection signs, and laser projected designs/images/copy; and other attention attracting media and devices.

Site. For land divisions, property line adjustments, and lot consolidations, the site is the lots, lots of record, parcels, or tracts proposed to be divided or reconfigured. For all other purposes, the site is an ownership except as follows:

A. If a proposed development includes multiple ownerships, then the site is the combined area of all contiguous ownerships.

B. If a proposed development includes only a portion of an ownership, and the balance of the ownership is vacant, then the applicant may choose to define the site as the portion of the ownership that is proposed for development.

C. If a proposed development includes only a portion of an ownership, and there is other development on the ownership, then the applicant may choose to define the site as the portion of the ownership that is currently developed plus the portion proposed for development.

“Site frontage” means the part of a site that abuts a street. See also “Block/street frontage.”

“Solid waste, other (land use)” means uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location; uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Also included are uses that receive, store, sort, and distribute post-consumer recyclable materials; and those that receive hazardous wastes from others and are subject to the regulations of OAR 340-100-110, Hazardous Waste Management.

“Spacing standards” means the minimum distance required between a proposed street or driveway connection, as applicable, and the center of the nearest existing street or driveway connection on the same side of the highway in both directions, as set forth by the standards of the applicable roadway authority. Spacing standards for state highways are contained in OAR 734-051-4020.

“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 and rail rights-of-way that do not also allow for motor vehicle access, or freeways and their ramps.

“Street connectivity” is expressed as the number of street and/or access way connections within a specific geographic area. Higher levels of connectivity provide for more direct transportation routes and better dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through neighborhoods.

“Street-facing/oriented to street” means a wall plane of a structure that faces or is oriented within 45 degrees or less from a street lot line.

“Street stub” means a temporary street ending where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end or dead-end street.

“Structure” means, except as provided by applicable building codes, any object constructed in or on the ground. “Structure” includes buildings, decks, fences, towers, flag poles, signs, utility vaults, and other similar objects. “Structure” does not include paved areas or vegetative landscaping materials.

“Subdivision” means to divide land into four or more lots within a single calendar year. See also Chapter 18.20, Article I, Land Divisions and Property Line Adjustments, and ORS 92.010.

“Surface transportation facilities and improvements (land use)” means public or private facilities constructed for the purposes of moving people, goods, or commodities via roads, rail lines, or pipelines.

“Through street” means a street that connects to other streets at both ends or is planned to do so in the future, pursuant to a Comprehensive Plan, transportation system plan, access management plan, or land use approval.

“Topographical constraint” means where existing slopes, landforms (e.g., streams, canals, rock outcropping, etc.) or existing manmade features (e.g., embankment or berm) make conformance with a code standard impracticable.

“Tract” means a piece of land within a platted subdivision reserved for open space, utility corridor, recreation facilities, sensitive lands, or other purpose; may be dedicated to a homeowners’ association or other entity for maintenance.

“Traffic impact analysis” means a report prepared by a professional engineer that analyzes existing and future roadway conditions, and which may recommend transportation improvements and mitigation measures.

“Transit facilities (land use)” means structures or other improvements whose primary function is to facilitate access to and from a transportation system, such as bus and train stations, park and ride lots, transit stops/shelters/kiosks, etc.

“Transmission facilities, above-ground (land use)” means structures and other equipment built or erected to provide for the transmission of power or telecommunications. Examples include but are not limited to: power generation stations and substations, transformers, power poles/towers and lines, telecommunication poles and lines, associated facility access routes, etc.

“Transmission facilities, underground (land use)” means power or telecommunications cables and/or equipment that are installed beneath the ground.

“Travel trailer” means a vacation structure or self-propelled vehicle equipped with wheels for street or highway use; intended for human occupancy; equipped with plumbing, sink, or toilets; used for vacation and recreational purposes; and not used as a residence. See ORS 446.003(5), (24), and “Recreational vehicle.”

“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.

Utilities. For the purposes of this code, there are two types of utilities: (1) Private: telephone, electric, telecommunication, and similar franchise facilities; and (2) Public: water and wastewater conveyance and treatment facilities.

“Variance” means a City Council decision to lessen or otherwise modify the requirements of this code. See Section 18.20.525.

“Vehicle areas” means all of the areas on a site where vehicles may circulate or park, including parking areas, driveways, drive-through lanes, and loading areas. See also “Driveway and parking area.”

“Vehicle or equipment rental services (land use)” means leasing of passenger vehicles, trucks or other motor vehicles such as motorcycles, boats and recreational vehicles, as well as equipment such as tools, tractors, lifts, etc.

“Vehicle fueling station (land use)” means gas stations, unattended card key fuel stations, car washes, commercial vehicle maintenance and/or oil and lubrication services, and similar uses.

“Vision clearance area” means areas near intersections of roadways and motor vehicle access points where a clear field of vision is required for traffic safety and to maintain adequate sight distance. See Section 18.50.220, Vehicular access and circulation.

“Walkway” means a sidewalk or path, including any access way, improved to City standards, or to other roadway authority standards, as applicable. See also “Access way,” “Pathway,” and “Sidewalk.”

“Warehousing or logistics (land use)” means the storage or organized movement of goods, except as accessory to a primary permitted use on the subject site.

Waste/Trash Collection Areas. Waste collection areas include areas set aside or designed to be used for garbage collection and collection of materials for recycling. Waste collection areas include areas occupied by dumpsters and other solid waste receptacles.

“Wireless communication facilities (land use)” means cellular towers, antennas, monopoles, and related facilities used for radio signal transmission and receiving.

“Wrecking/salvage yard (land use)” means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, auto wrecking yards, salvage yards, scrap yards, auto recycling yards, used auto parts yards and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises.

[Reserved]

“Yard” means the area defined by setbacks (i.e., between the setback line and nearest property line).

[Reserved]

[Ord. 23-887 (Exh. A), 2023]