Chapter 17.08 DEFINITIONS

Chapter 17.08
DEFINITIONS

Sections:

17.08.410 TOD overlay definitions and uses.

17.08.005 Definitions, general.

For the purpose of this section, the definitions and rules of construction set forth shall prevail, except when the context clearly requires otherwise:

A. Words used or defined in one tense or form shall include other tenses and derivative forms.

B. Words in the singular shall include the plural, and words in the plural shall include the singular.

C. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

D. The word “shall” is mandatory.

E. The word “may” is permissive.

F. The word “person” includes individuals, firms, corporations, associations, trusts, local agency, city, county, state or federal government or any district or division thereof.

G. The word “city” shall mean the city of Central Point.

H. The word “council” shall mean the city council of the city of Central Point.

I. The words “planning commission” shall mean the planning commission of the city of Central Point.

J. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used in this chapter. Webster’s Ninth New International Dictionary, copyright 1986, shall be considered as providing ordinarily accepted meanings. (Ord. 1867 §1(part), 2006; Ord. 1436 §2(part), 1981).

17.08.010 Definitions, specific.

When used in this chapter, the following terms shall have the meanings as herein ascribed:

“Abutting” means adjoining with a common boundary line except where two or more lots adjoin only at a single point, such as a corner.

“Access” means the way or means by which pedestrians and vehicles enter and leave property.

“Accessory dwelling unit (ADU)” means an interior, attached or detached residential structure that is used in connection with or as an accessory to a single dwelling. Accessory dwelling units differ from guest quarters, which do not provide independent living facilities.

“Accessory structure” or “accessory use” means a structure or use that is incidental and subordinate to the main structure or use of the property and located on the same lot as the main structure or use.

“ADA accessible” means accessible to a person with disabilities as required by the Americans with Disabilities Act.

“ADA accessible dwelling unit” means a dwelling unit constructed to accommodate persons with disabilities, in compliance with the Americans with Disabilities Act and applicable construction requirements in adopted building codes.

“Adjacent” means near, close; for example, a commercial business on an adjacent lot or across the street from a residence shall be considered “adjacent.”

“Adjoining” means the same as “abutting.”

“Advertising structure” means any notice or advertisement, pictorial or otherwise, and any structure used as, or for the support of, any such notice or advertisement, for the purpose of promoting the sale of or public awareness of any goods, services, or activities that are not located on the same lot as the advertising structure.

“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and accessory uses commonly associated with such uses.

“Alley” means a narrow public right-of-way that is primarily used for vehicular service access to the back of properties otherwise fronting on a public street.

“Amendment” means a change in the wording, context or substance of an official ordinance or other publication, including related maps, illustrations, concepts, or plans.

“Anchor tenant” means a large retail establishment such as a national or regional chain store strategically placed in a shopping center so as to generate the most customers for all of the stores located in the shopping center.

“Animal hospital” or “animal clinic” means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to the hospital or clinic use.

“Antenna” means a device, dish or array used to transmit or receive signals for telecommunication purposes. An antenna is typically mounted on a supporting tower, pole, mast or building.

“Apartment” means a dwelling unit within a multiple-family building. Commonly a rented unit.

“Applicant” means the owner or contract purchaser, or the person duly authorized in writing by such person or persons to act as agent to seek the applicable land use decision approval, and in connection therewith, to bind the owner or contract purchaser to any conditions imposed upon such approval.

“Assisted living” means a state-licensed program offered at senior residential facilities with services that include meals, laundry, housekeeping, medication reminders, and assistance with activities of daily living (ADLs) and instrumental activities of daily living (IADLs).

“At or near a major transit stop” means:

1. “At” means a parcel or ownership that is adjacent to or includes a major transit stop generally including portions of such parcels or ownerships that are within two hundred feet of a transit stop.

2. “Near” means a parcel or ownership that is within three hundred feet of a major transit stop.

“Automobile service station” means a building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold or offered for sale, and where repair service is secondary.

“Automobile, truck, boat, or mobile home sales lot” means an open lot used for the display, sale or rental of new or used motor vehicles, boats, trucks, trailers, or mobile homes in operative condition and where no repair work is done.

“Basement” means a space wholly or partly underground, and having more than one-half of its height, measured from its floor to its ceiling, below the average adjoining finished grade.

“Billboard” means the same as “advertising structure.”

“Block” means an area completely bounded by streets, or a combination of streets, major rights-of-way, waterways, city boundary, or other major physical features.

“Boarding and rooming houses” means a dwelling or part thereof, other than a hotel or motel where lodging with or without meals is provided, for compensation, for three or more persons.

“Buffer” means a land area or a physical barrier such as a wall, hedge, fence, waterway, or other feature that has been established for the purpose of reducing or mitigating the adverse effects of a land use upon another land use.

“Building” means any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind.

“Building area” means the sum in square feet of the area of the horizontal projections of all buildings on a lot, excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, and minor ornamental features projecting from the walls of the building that are not directly supported by the ground.

“Building height” shall mean the vertical distance from the average contact ground level at the front wall of the building to the highest point of the roof surface for flat roofs, to the deck line for mansard roofs, and to the average height between eaves and ridge for gable, hip, and gambrel roofs (see Building Height Illustrations).

“Building roof-mounted antennas” means any wireless communication facility (WCF) antennas for cellular, personal telecommunications services (PCS) and similar radio services installed on a building roof (see Section 17.60.040).

“Building wall-mounted antennas” means any wireless communication facility (WCF) antennas for cellular, personal telecommunications services (PCS) and similar radio services mounted to the roof edge or sidewall elevation of a building or structure (see Section 17.60.040).

“Centerline” means the linear centerline of a right-of-way, as established by the city.

“Church” means a permanently located building wholly or partly used for the purpose of religious worship.

“City,” as used in this title, means the city of Central Point, Oregon.

“City council,” as used in this title, means the city council of the city of Central Point, Oregon.

“Clinic” means a place for group medical services not involving overnight housing of patients.

“Commercial parking lot” means a site without a primary use where vehicle parking spaces are rented or leased. It does not include shared parking.

“Common open space” means an area within a planned unit development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the general public.

“Communication facility tower (wireless)” means a structure, tower, pole or mast solely dedicated to support one or more wireless communications antenna systems. For the purpose of this section, such a support structure will be referred to generically as a “tower.” Tower types include:

1. “Guyed tower” means a tower that is supported by use of cables (guy wires) that are permanently anchored to the ground.

2. “Lattice tower” means a tower characterized by an open framework of lateral cross-members that stabilize the structure.

3. “Monopole” means a single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members.

“Condominium unit” means a part of the property consisting of a building or one or more rooms occupying one or more floors of a building or a part or parts thereof, intended for any type of independent ownership, the boundaries of which are described pursuant to ORS 94.029(1)(c) and with direct exit to a public street or to a common area or areas leading to a public street.

“Congregate (senior) housing” means a multifamily living arrangement, with common dining facilities, designed for healthy older adults in which residents live in their own living unit and have various opportunities for socialization with other residents. Housekeeping and maintenance services are provided, but health maintenance services are scheduled independently by the residents.

“Contiguous” means the same as “abutting” and “adjoining.”

“Convalescent home” means a group quarters type facility for either short or long term individual care, medical treatment, rehabilitation or recuperation from disability or illness.

“Day care center” means any type of regularly operated group day care programs, including nurseries for children of working parents, nursery schools for children under minimum age for education in a public school, parent cooperatives, nursery schools, playgrounds for preschool children and programs covering after school care for school children.

“Development” means making a material change in the use or physical appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 to 92.285, and creating or terminating a right of access.

“District” means a portion of the total area within the boundaries of the city of Central Point within which specific sections of the ordinance codified in this title apply. For example, the R-1, residential single-family district.

“Drive-in businesses” means all automobile service stations, businesses which dispense gas and oil as an ancillary use, car washes, commercial parking lots, convenience dairies, fast-food outlets, and any other commercial uses where products or services are delivered or administered directly to motor vehicles or their occupants.

“Dwelling group” means a group of two or more detached buildings used for residential dwelling purposes, located on a parcel of land in one ownership and having any yard or court in common.

Dwelling, Multiple Family. “Multiple family dwelling” means a building containing three or more residential dwelling units, where each family only has exclusive use of the portion of the parcel/lot that they are leasing or own (i.e., apartments, condominiums, lofts, and co-ops).

Dwelling, Single-Family. “Single-family dwelling” means a building on a parcel/lot designed to be occupied by only one family. Single-family dwellings may be detached or attached, but do not include manufactured homes or mobile homes, which are defined separately.

Dwelling, Two-Family. “Two-family dwelling” means a detached building containing two residential dwelling units.

“Dwelling unit, living unit” means one or more rooms designed for occupancy by one family and having no more than one cooking facility.

“Family” means an individual; or two or more persons related by blood, marriage, legal adoption or guardianship; or a group of not more than five unrelated persons living together in a dwelling unit.

“Farm use” means the use of land for the purpose of obtaining a profit from the production and sale of agricultural products, animals or animal products, including accessory uses.

“Fence” means a structure serving as an enclosure, barrier, or boundary, including freestanding walls, hedges and screen plantings.

Fence, Sight-Obscuring. “Sight-obscuring fence” means a fence constructed in such a manner or of such materials as to obstruct vision.

“Floor area” means the sum in square feet of all floor areas on each floor of a building, contained within the exterior walls of all buildings on a specific lot.

“Floor area ratio (F.A.R)” means a mathematical ratio determined by dividing the total floor area of a building or buildings by the area of the lot on which it (or they) is located.

“Frontage” means that portion of a lot which abuts a dedicated street.

“Garage” means a fully enclosed detached accessory building or portion of a main building, designed for the shelter or storage of an automobile.

“Grade” means the average elevation of the finished ground at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation opposite the center of the wall shall constitute the ground elevation or “grade.”

“Guest quarters” means an interior, attached or detached accessory building designed and used for the purpose of providing temporary living accommodations for guests or for members of the same family as that occupying the main building, and containing no kitchen facilities.

“Hedge” means a series of plants, shrubs, or other landscape material, so placed as to act as a buffer or to form a physical barrier or enclosure.

“Home occupation” means any occupation conducted within a residential dwelling unit by a member or members of the family residing in that unit, provided such occupation is clearly incidental and secondary to the primary residential use of that dwelling and is in accordance with Section 17.60.190.

“Independent living” means a multi-unit senior housing development, also known as congregate housing, that provides supportive services such as meals (common dining), housekeeping, social activities, and transportation.

“Junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or otherwise handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for the storage of salvaged materials, not including such places where these types of uses are conducted entirely within a completely enclosed building.

“Kennel” means any premises where five or more dogs, cats, or other small animals or any combination thereof are kept commercially or permitted to remain for board, propagation, training or sale, not including veterinary clinics and animal hospitals.

“Landscaping” means any combination of permanently maintained live trees, lawn, shrubs, or other plant materials, including inorganic accessory materials utilized to accent or complement the vegetation. Fountains, ponds, sculpture, lampposts, fences, and other functional or decorative features may be integral components of a landscape plan.

“Lot” means a parcel of land lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation.

“Lot area” means the total area within the boundary lines of a lot, exclusive of any street or alley rights-of-way.

Lot, Corner. “Corner lot” means a lot situated at the intersection of two or more streets, which have an interior angle of intersection of not more than one hundred thirty-five degrees.

“Lot coverage” means the percentage of the lot area, exclusive of rights-of-way, that is covered by structures or buildings, including accessory buildings.

“Lot depth” means the horizontal distance between the front and rear property lines of a lot measured along a line midway between the side property lines.

Lot Line, Front. “Front lot line” means the property line abutting a street. In the case of a corner lot, the property line having the shortest street frontage. In cases where both street frontage property lines are of equal length, the front lot line shall be the line located along the longer of the two block faces.

Lot Line, Rear. “Rear lot line” means a lot line not abutting a street, which is opposite and most distant from the front lot line.

Lot Line, Side. “Side lot line” means any lot line not meeting the definitions of a “front” or “rear” lot line.

“Lot width” means the perpendicular bisect of the lot depth measurement.

“Maintain” means to cause or allow to continue in existence. When the context indicates, the word means “to preserve and care for a structure, improvement, condition or area to such an extent that it remains attractive, safe and presentable and carries out the purpose for which it was installed, constructed or required.”

“Major transit stop” means existing and planned transit stations, including light rail stations and other transit transfer stations, except for temporary facilities; other planned stops designated as major transit stops in a transportation system plan and existing stops that:

1. Have or are planned for an above average frequency of scheduled fixed-route service when compared to region-wide service; or

2. Are located in a transit-oriented development or within one-quarter mile of an area planned for:

a. Medium or high-density residential development; or

b. Intensive commercial or institutional uses within one-quarter mile of land uses in subsection (2)(a) of this definition; or

c. Uses likely to generate a relatively high level of transit ridership.

“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.

“Master plan” means a long-term written and illustrated plan, prepared in accordance with Section 17.66.030(A)(1), providing overall guidance and instruction for the use and development of specific geographic areas within TOD overlays.

“Mobile home” means a structure designed with wheels for transporting from its place of manufacture to a permanent or temporary site where it is used as a residential dwelling having complete bath and kitchen facilities, but not necessarily a permanent foundation.

“Mobile home park” means any lot on which two or more mobile homes are located and being used for residential purposes, other than as a guest house, and where the primary purpose is to rent space, rent related or necessary facilities, or to offer space and facilities in exchange for trade or services.

“Multiple-family, multiplex, or apartment dwelling” means attached dwelling units in one or more structures, but having at least three or more dwelling units per structure.

“NAICS” means the North American Industry Classification System (NAICS), the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

“Nonconforming structure” or “nonconforming use” means a structure, building, or use that was lawfully constructed or established, but which no longer conforms to the regulations or requirements of this chapter.

“Nursing facility” means a facility licensed by the state that provides 24-hour nursing care, room and board, and activities for convalescent residents and those with chronic and/or long-term illnesses. The availability of regular medical supervision and rehabilitation therapy is required. This alternative may be referred to as a nursing or convalescent home.

“Outdoor advertising” means any signing, lettering, or use of flags, pennants, banners, or other devices for the purpose of attracting attention or promoting the sale or usage of a product or service not available on the premises on which the advertising is being done. This is generally not applicable to advertising generally associated with candidates for public office or for or against the adoption of any ballot measure.

“Outdoor advertising structure” means any structure erected and maintained for outdoor advertising purposes, including billboards, off-premises signs, and similar structures.

“Padlot” means a smaller-than-standard-sized lot, created within a padlot development, and subject to the requirements of Section 17.60.210 of this title.

“Padlot development” means the subdivision of a standard-sized parent lot into smaller-than-standard-sized padlots, together with a common area, if designed to include a common area, as defined and regulated in this title.

“Parking lot driveway” means a vehicle access provided between a street or lane and a parking area or a loading space, or between two parking areas, but shall not include a parking aisle.

“Parking mandates” means requirements to include a minimum number of off-street parking spaces with development or redevelopment, or a fee-in-lieu of providing parking for residential development.

“Parking maximums” means limits on the number of off-street parking spaces that can be included in a development.

“Parking spaces” means on- and off-street spaces designated for automobile parking, other than parking spaces reserved for carpools, vanpools or parking under the Americans with Disabilities Act.

“People with disabilities” means people who have a record or history of physical, mental, intellectual, or sensory impairments that in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

“Personal care facility” means a state licensed facility that specializes in caring for the memory impaired resident.

“Pets” means those animals, fowl, insects, or fish which are normally and reasonably kept as household pets, not including any animals that are prohibited by city code, considered wild or vicious, or other creatures which, if not contained, would be considered dangerous to the public health or safety.

“Planned unit development (PUD)” means the development of an area of land as a whole for a number of dwelling units or a number of uses, according to a plan which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or require open space to the regulations otherwise required by this title.

“Planning commission,” as used in this title, means the planning commission of the city of Central Point, Oregon.

“Plot plan” means a scale drawing of a lot and the adjacent and surrounding areas, showing the use and location of all existing and proposed buildings, structures and improvements, and drawn to such a scale, detail and description as may be required by staff, the planning commission or provisions of Chapter 17.72. Also commonly referred to as a “site plan.”

“Priority transit corridor” means a corridor that has a high existing or planned level of transit service relative to other transit service in the community, including service frequency and span of service. The corridor may be described as a series of stations when served by high capacity transit services with widely spaced stations.

“Professional office” means offices which deal primarily with professional services and in which goods, wares and general merchandise are not commercially created, sold or exchanged. Such offices commonly include medical, engineering, architecture, law, accounting, bookkeeping and brokerage offices.

“Recreational vehicle” means a motor home, travel trailer, tent trailer, or other vehicle, with or without motive power, which is designed for human habitation for recreational purposes and which may be legally moved on public roads and highways. Such vehicles generally do not contain complete kitchen, bath, sanitation, electrical or heating facilities and, therefore, are not considered to be permanent dwelling units.

“Residential facility” shall have the same meaning given that term in ORS 197.660(1).

“Residential home” shall have the same meaning given that term in ORS 197.660(2).

“Retail establishment, large” means a retail establishment (general merchandise sales), a retail grocery establishment (food and beverage sales), or an establishment with a combination of both uses, with a floor area of thirty thousand square feet or greater, which includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas.

For the purposes of determining the applicability of the thirty-thousand-square-foot area, the aggregate square footage of all adjacent stores, which share checkstands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store, shall be considered one establishment.

“Senior housing” means housing designed and constructed to accommodate the needs of seniors and includes the following as defined herein: independent living facility, personal care facility, and assisted living facility. Senior housing does not include nursing facilities.

“Shared parking” means parking spaces used to meet the parking mandates for two or more uses, structures, or parcels of land, to the extent that the owners or operators show the overall demand for parking spaces can be met by the shared parking.

“Shopping center” means a group of commercial establishments planned, developed, owned or managed as a unit; related in location, size and types of shops to the trade area it serves; and including an overall landscaping and parking plan and other design elements intended to tie the individual stores into the total “center” concept.

“Shopping center anchor tenant ratio” means the share of a shopping center’s total gross floor area that is attributable to its anchor tenants.

“Shopping center, community” means a shopping center with two or more anchor tenants and having a total gross floor area of not less than one hundred thousand square feet and not more than three hundred thousand square feet with a maximum anchor tenant ratio of fifty percent.

“Shopping center, neighborhood” means a shopping center designed to provide convenience shopping for the day-to-day needs of consumers in the immediate neighborhood and having one or more anchor tenants and having a total gross floor area of not less than fifty thousand square feet and not more than eighty thousand square feet with a maximum anchor tenant ratio of sixty percent.

“Shopping center, regional” means a shopping center with a minimum of three anchor tenants and having a total gross floor area of not less than three hundred thousand square feet with a maximum anchor tenant ratio of sixty percent.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business. Each display surface of a sign shall be considered a sign.

“Single-family detached dwelling” means detached dwelling units that do not have roofs, walls, or floors in common with any other dwelling units, and are located on individual tax lots.

“Stealth or concealed design” means the design of wireless communications facilities in a manner that camouflages, or conceals, or disguises the facilities as described below:

1. “Camouflage” means the use of shape, color, and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. “Camouflage” does not mean invisible, but rather appearing as part of or exactly like the structure used as a mount.

2. “Concealment” means fully hidden from view. For example, a wireless communication facility (WCF) is concealed when it is completely hidden or contained within a structure, and is compatible with or complements the architectural character of the building, wall, or roof.

3. “Disguised” means a wireless communication facility (WCF) that has been changed to appear to be something other than what it really is. For example, WCFs are sometimes disguised to appear as trees or flagpoles.

“Street” means the entire width between the right-of-way lines of every way for vehicular and pedestrian traffic and includes the terms road, highway, lane, place, avenue, and other similar designations (except alleys).

“Structure” means anything constructed or built which requires location on the ground or is attached to something having a location on the ground, including swimming pools, covered patios, fences and walls; but not including normal plants and landscaping materials, paved outdoor areas, walks, driveways, and similar improvements.

“Temporary structure” means a structure utilized on a short-term, seasonal or intermittent use. Temporary structures in residentially zoned districts may remain as long as needed, provided such structures meet the criteria listed in Section 17.60.030. Temporary structures located within other districts may remain for a duration of one month per calendar year unless approved for a longer period by the city manager.

“Tower-mounted antenna” means an antenna or a co-located antenna mounted on a communication facility tower.

“Transit-oriented development (TOD)” means a mix of residential, retail and office uses and a supporting network of roads and bicycle and pedestrian ways focused on a major transit stop designed to support a high level of transit use. The key features of transit-oriented development include:

1. A mixed-use center at the transit stop, oriented principally to transit riders and pedestrian and bicycle travel from the surrounding area;

2. High density residential development proximate to the transit stop sufficient to support transit operation and neighborhood commercial uses within the TOD;

3. A network of roads, and bicycle and pedestrian paths to support high levels of pedestrian access within the TOD and high levels of transit use.

“Trip cap” means the maximum permitted average daily trip (ADT) capacity of a specified area. ADT shall be calculated using the latest edition of the Institute of Transportation Engineers (ITE) Manual, Fitted Curve Equation.

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

“Wireless communication facility (WCF)” means a nonstaffed facility for the transmission of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet or other enclosed structure housing electronic equipment; a support structure; and antenna systems or other transmission and reception devices. This includes cellular antennas, satellite dishes, and microwave dishes.

“Yard” means an open space on a lot which is unobstructed, except for fences, from the ground upward, except as provided in Section 17.60.100.

Yard, Front. “Front yard” means an open, unoccupied and unobstructed space, except for fences, extending the full width of the lot between the minimum required front yard setback and the front lot line (see illustration below).

Yard, Rear. “Rear yard” means an open, unoccupied and unobstructed space, except for fences, extending the full width of the lot between the minimum required rear yard setback and the rear lot line (see illustration below).

Yard, Side, Corner Lot. “Side yard, corner lot” means an open, unoccupied and unobstructed space, except for fences, extending from the front yard to the rear lot line between the minimum side yard setback and the nearest side lot line (see illustration above).

Yard, Side, Interior Lot. “Side yard, interior lot” means an open, unoccupied and unobstructed space, except for fences, extending from the front yard to the rear yard between the minimum side yard setback and the nearest side lot line (see illustration above). (Ord. 2100 §§ 2, 3, 2023; Ord. 2064 §1, 2020; Ord. 2034 §2, 2017; Ord. 2014 §1(part), 2015; Ord. 2002 §2 (Exh. A) (part), 2015; Ord. 1989 §1(part), 2014; Ord. 1971 §4 (Exh. C) (part), 2013; Ord. 1969 §1(part), 2013; Ord. 1900 §1, 2007; Ord. 1880, 2006; Ord. 1867 §1(part), 2006; Ord. 1823 §3, 2001; Ord. 1818 §1(part), 2001; Ord. 1731 §1, 1995; Ord. 1726 §§1, 2, 1995; Ord. 1719 §1, 1995; Ord. 1684 §§15--26, 1993; Ord. 1615 §§61, 62, 1989; Ord. 1436 §2(part), 1981. Formerly 17.08.010--17.08.405).

17.08.410 TOD overlay definitions and uses.

A. Definitions of Land Use Types. The purpose of this section is to classify land uses and activities into use categories for the TOD overlay in Chapters 17.65, 17.66, and 17.67 on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain site factors. The types of uses allowed in the various zones are based on the goals and policies of the comprehensive plan.

B. Considerations.

1. Uses are assigned to the category whose description most closely describes the nature of the primary use. Developments may have more than one primary use, and accessory activities may also be present. Primary and accessory uses are addressed in subsections (B)(2) and (3) of this section.

2. The following factors are considered to determine what category the use is in, and; whether the activity(ies) constitute primary or accessory uses:

a. The description of the activity(ies) in relationship to the characteristics of each use category;

b. The relative amount of site or floor space and equipment devoted to the activity;

c. The relative amount of sales from each activity;

d. The number and type of customers for each activity;

e. The relative number of employees in each activity;

f. Hours of operation;

g. Building and site arrangement;

h. The number and type of vehicles used with the activity;

i. The relative number of vehicle trips generated by the activity(ies);

j. Signs;

k. How the use advertises itself; and

l. Whether the activity(ies) would be likely to be found independent of the other activities on the site.

3. Multiple Primary Uses. When a development has a number of primary uses that fall within one use category, then the development is assigned to that use category. For example, if a development includes a grocery store and pharmacy, the development would be classified as a commercial retail sales and service use. When the primary uses in a development are within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category.

4. Accessory Uses. These uses are allowed by right and are regulated in conjunction with the primary use unless otherwise stated in this title.

5. Examples and Exceptions. To help illustrate the types of uses allowed or not allowed under a specific uses category, examples and/or exceptions are given. They are based on the common meaning of the terms and not on what a specific use may call itself.

C. Residential Use Types.

1. Dwelling, Single-Family. An attached or detached dwelling unit located on its own lot.

a. Large and Standard Lot Single-Family, Detached. These include dwellings located on individual lots. Homes which are constructed on site or manufactured homes are included under this definition.

b. Zero Lot Line, Detached. These residences are detached with building setbacks on the property line. Examples include Charleston row houses and courtyard cluster residences.

c. Attached Row Houses. These residences are attached along common side lot lines with adjoining units. They are classified as single-family residences because each unit is located on a separate lot, and they do not share common floors or ceilings with other dwelling units.

2. Dwelling, Multifamily. A structure that contains two or more dwelling units which share common walls, floors, or ceilings on a single lot.

a. Plexes. These include two or more attached units on a single lot. They may have single or multiple stories. They share common walls with other dwelling units, but not common floors or ceilings.

b. Apartments and Condominiums. These include two or more attached units on a single lot. They typically have multiple stories. Common walls, floors and ceilings are shared with other dwelling units. Apartment complexes that have accessory services such as food service, dining rooms, and housekeeping are included under this use type.

3. Dwelling, Accessory Unit. An auxiliary living unit with separate kitchen, living and sleeping facilities in a single-family structure or in a separate accessory building on the same lot as a primarily single-family residence.

4. Boarding and Rooming Houses. See Section 17.08.010.

5. Family Care. This includes two types of child care services and one type for adults.

a. Family Day Care. As defined by Oregon state statute, refers to the provision of day care services for children, with or without compensation, in the home of the caregiver. Family day care may provide care for six or fewer children full-time, with an additional four or fewer part-time children. During the school year, a family day care provider may care for four additional day care children on the days and during the hours school is not in session. Such children must be at least three years of age up to a maximum of four hours per day. No more than a total of ten children including the provider’s own children may be present at any one time.

b. Day Care Group Home. As defined by Oregon state statute, is one in which care is provided in the home of the caregiver, with or without compensation, for seven through twelve children. It is subject to certification by the Children’s Services Division. For the purposes of this section, “full-time” is defined as eight or more hours in a twenty-four-hour period. “Part-time” is defined as four or fewer hours in a twenty-four-hour period.

c. Adult Day Care. A community-based group program designed to meet the needs of functionally or cognitively impaired adults through an individual plan of care. It is a structured, comprehensive program that provides a variety of health, social, and related support services in a protective setting during part of a day but for less than twenty-four hours. These facilities have an enrollment of ten or more individuals.

6. Home Occupation. See Section 17.08.010.

7. Residential Facility. A residential care, residential training, or residential treatment facility licensed or registered by the state (Mental Health and Developmental Services Division) as defined in ORS 443.400 where supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board or a combination thereof are provided for six or more physically disabled or socially dependent individuals, in one or more buildings on contiguous properties.

A residential facility does not include a residential school; state or local correctional facility; juvenile training school; youth care center operated by a county juvenile department; juvenile detention facility; nursing home; family care facility; or children’s or adult day care as defined by state law.

8. Residential Home. A residential treatment or training or an adult foster home licensed by or under the authority of the state (Mental Health and Developmental Services Division), which provides residential care alone or in conjunction with treatment or training or a combination thereof for less than six individuals. These individuals need not be related. Staff persons needed to meet 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.

9. Senior Housing. Housing designed and constructed to accommodate the needs of seniors and includes the following as defined in Section 17.08.010, Definitions, specific: independent living, senior apartments, and assisted living facilities. Senior housing does not include nursing facilities.

D. Commercial Use Types.

1. Entertainment. Businesses such as restaurants, cafes, and delicatessens; bowling alleys; health clubs; gyms; and membership clubs and lodges.

2. Professional Office. A use that is conducted in an office setting generally for business, government, professional, medical, or financial services.

Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; television and radio studios; medical and dental clinics, medical and dental labs; and blood-collections facilities.

3. Retail Sales and Service. Businesses that are involved in the sale, lease, or rental of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Such uses are conducted indoors with limited provisions in this title to allow outdoor storage of material or merchandise. Categories and examples of retail sales and service uses include:

a. Sales-Oriented. Stores selling, leasing, or renting consumer, home, and business goods including appliances, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, liquor, pets, pet food, pharmaceuticals, plants, printed material, stationery, and videos; and food sales.

b. Personal Service-Oriented. Businesses such as branch banks; urgency medical care; dental and medical offices; laundromats; photo or laundry drop-off; photographic studios; photocopy and blueprint services; hair, tanning, and personal care services; business, martial arts, and other trade schools; dance or music classes; mortuaries; veterinarians; and animal grooming.

c. Repair-Oriented. Businesses such as repair of televisions, bicycles, clocks, watches, shoes, guns, appliances and office equipment; tailor; locksmith; and upholsterer.

d. Drive-Through Facilities. Vehicle drive-up windows associated with restaurants, banks, laundries, photo processing, and similar uses.

e. Quick Vehicle Service. A business that provides direct services for motor vehicles where the driver generally waits in the car before and while the service is performed. The use includes a drive-through facility and the area where the service is performed. Examples include:

i. Full-service and mini-serve gas stations;

ii. Unattended card key stations;

iii. Carwashes; and

iv. Quick lubrication services. This use type does not include servicing of vehicles over ten thousand pounds gross cargo weight (except for gasoline), body repairs, welding, or painting.

f. Vehicle Sales/Rental and Repair. Sale, retail, and/or rental of autos, noncommercial trucks, motorcycles, motorhomes, and trailers less than ten thousand pounds gross cargo weight, together with incidental maintenance, such as automobile dealers, car rental agencies, or recreational vehicle sales and rental agencies. Also, repair of automobiles and light vehicles under ten thousand pounds gross cargo weight, including body repairs, welding and painting.

Uses not included, thus prohibited, as part of this definition are:

i. Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation;

ii. Landscape materials stored outside, including bark chips, rock, fertilizer, and compost;

iii. Repair, sale, rental, or leasing of vehicles over ten thousand pounds gross cargo weight, commercial or consumer vehicles, and industrial vehicles and equipment.

4. Tourist Accommodations. This definition includes two use categories:

a. Bed and Breakfast Inn. A structure designed and occupied as a residence in which sleeping rooms are provided on a daily or weekly basis for use by travelers or transients for a charge or fee paid or to be paid for the rental or use of the facility. The bed and breakfast establishment has no more than five guest sleeping rooms provided on a daily or weekly basis for the use of no more than a total of ten travelers or transients at any one time;

b. Motel or Hotel. Establishments primarily engaged in providing lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests.

E. Industrial Use Types.

1. Manufacturing. The manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

2. Industrial Services. The repair, servicing, and storage of industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and building maintenance services and similar uses can perform services off-site. Few customers, especially the general public, come to the site. Categories and examples of industrial service uses include:

a. Light. These activities are generally conducted indoors, but may have related outdoor activities including parking or storage of operable vehicles and equipment and finished products. Examples include welding shops; machine shops; tool, electric motor, and scientific or professional instruments repair; metal and building materials; towing and vehicle storage; heavy truck servicing and repair; truck stops; building, heating, plumbing, or electrical contractors; printing, publishing and lithography shops; exterminators; janitorial and building maintenance services; laundry, dry-cleaning, and carpet cleaning plants; photo-finishing laboratories; and warehousing.

b. Heavy. Activities are conducted indoors and outdoors, and outdoor activities may include storage of inoperable vehicles and equipment, scrap metal, other salvage or recyclable materials, and stockpiled material such as gravel, construction debris, or compost. Examples include sales, repair, storage, salvage or wrecking of heavy machinery; auto and truck salvage and wrecking; tire retreading or recapping; fuel oil distributors; and solid fuel yards.

3. Wholesale Sales. The sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the public are limited. Products may be picked up on the site or delivered to the customer. Examples include sale or rental machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesale of food, clothing, auto parts, and building hardware.

F. Civic Use Types.

1. Community Services. Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide other service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities are open to the general public or have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, nonprofit, or charitable nature.

Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, drug and alcohol centers, social service facilities, vocational training for the physically or mentally disabled, cemeteries, crematoriums, and mausoleums.

Not included as part of this definition are:

a. Private lodges;

b. Clubs; or

c. Private or commercial athletic or health clubs (these uses are classified as retail sales and service).

2. Hospital. A use which provides medical or surgical care to patients and offers overnight care.

3. Public Facilities. Public uses that provide support, transportation, safety, and emergency services to the general public. Examples include police stations, fire stations, ambulance stations, public utility offices, operations centers, transit stations, and park-and-ride facilities for transit. This definition excludes streets.

4. Religious Assembly. Institutions that are intended to primarily provide meeting areas for religious activities. Examples include churches, temples, synagogues, and mosques.

5. Schools. Public and private kindergarten, primary, elementary, middle, junior high, or high schools that provide state mandated basic education and colleges and trade schools.

6. Utilities. Infrastructure services which need to be located in or near the area where the service is provided. Basic utility uses generally do not have regular employees at the site. Services may be public or privately provided. Examples include water and sewer pump stations; electrical substations; water towers and reservoirs; stormwater retention and detention facilities; telephone exchanges; and recycling drop-off. This definition excludes wireless communication facilities and structures as defined in this chapter.

G. Open Space Use Types.

1. Parks and Open Space. Public or private land that is primarily left in a natural state or landscaped with few structures. Examples include parks, play grounds, golf courses, public squares, recreational trails, botanical gardens, and nature preserves.

H. Sign-Related Definitions.

1. A-board sign. A double-face temporary rigid sign which is self-supporting.

2. Area of Sign. The area of a sign shall be the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, figure, or character. If the sign is enclosed in a frame or cabinet, the area is based on the inner dimensions of the frame or cabinet surrounding the sign face. When a sign is on a base material and attached without a frame, such as a wood board, the dimensions of the base material are to be used. The area of a sign having no such perimeter, border, or base material shall be computed by enclosing the entire area within the parallelogram or a triangle of the smallest size sufficient to cover the entire message of the sign and computing the area of the parallelogram or a triangle. For the purpose of computing the number of signs, all writing included within such sign structure, which shall be counted as one sign per structure.

3. Balloon. See definition under Temporary Sign.

4. Banner. See definition under Temporary Sign.

5. Building Face. The single wall surface of a building facing a given direction.

6. Directional Sign. A permanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed.

7. Flashing Sign. A sign any part of which pulsates or blinks on and off. This excludes message signs.

8. Freestanding Sign. A sign supported by any structure primarily for the display and support of the sign.

9. Height of Sign. Height is measured from the grade of the curb line closest to the base of the sign to the highest point of the sign. In the absence of a curb line, the edge of the street pavement shall be used. In the absence of street pavement, the ground level shall be used to measure the height.

10. Lawn Sign. See definition under Temporary Sign.

11. Lighting Methods.

a. Direct. Exposed lighting or neon tubes on the sign face;

b. Flashing. Lights which blink on and off randomly or in sequence;

c. Indirect or External. The light source is separate from the sign face or cabinet and is directed toward the sign so as to shine upon the exterior surface of the sign;

d. Internal. A source of illumination from within a sign.

12. Message Sign. A sign with a maximum area of eight square feet, which can change its message electronically and is designed to display various messages, including but not limited to signs displaying time and temperature.

13. Multi-Faced Sign. A sign which has two or more sign faces, contained in a single sign structure.

14. Projecting Sign. A sign that is mounted perpendicular to the face of a building or that hangs from a canopy or awning.

15. Real Estate Sign. A sign for the purpose of rental, lease, sale, etc., of real property, building opportunities, or building space.

16. Roof Sign. A sign any portion of which is displayed above the highest point on the roof.

17. Sign Face. Surface of a sign containing the message. The sign face shall be measured as set forth in the definition for sign area.

18. Temporary Sign. A sign not permanently affixed to a structure on a property. These signs primarily include, but are not limited to, canvas, cloth, or paper banners or posters hung on a building wall or on a permanent pole such as on a free-standing sign support.

a. Temporary Rigid Sign. A temporary sign, other than a lawn sign, made of rigid materials such as wood, plywood, or plastic. This includes A-board signs.

b. Lawn Sign. A freestanding sign in a residential zone which is exempt from sign permit requirements for one or two signs which do not exceed six square feet per sign face or three feet in height. Examples include real estate signs and election signs.

19. Wall Sign. Any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the wall.

20. Reader Board. A sign that conveys information about a variety of subjects, including advertising for products or services, travel, news or event information.

21. Scoreboard. A large internally illuminated sign located within a sports stadium or in conjunction with a sporting event field on which the score of the sporting event is shown and intended for viewing primarily by persons participating in such sporting events and/or spectators of such sporting events. (Ord. 2100 § 4, 2023; Ord. 2028 §1, 2016; Ord. 2014 §1(part), 2015; Ord. 1815 §1(part), Exh. D, 2000).