Chapter 17.04
INTRODUCTORY PROVISIONS
Sections:
17.04.050 Abatement and penalty.
17.04.010 Title.
This title shall be known as the city of Culver zoning ordinance. [Ord. 01-02 § 2 (Exh. 2 § 1.1), 2001.]
17.04.020 Purpose.
A. To implement the Culver comprehensive plan as adopted by the Culver city council.
B. To comply with ORS Chapters 195, 197 and 227.
C. To promote the public health, safety and welfare of the citizens of the city of Culver.
D. To repeal and replace Ordinance No. 2600, and all amendments thereto. [Ord. 01-02 § 2 (Exh. 2 § 1.2), 2001.]
17.04.030 Definitions.
As used in this title, the singular includes the plural and the masculine includes the feminine and neuter; the word “may” is discretionary, the word “shall” is mandatory. The following words and phrases shall mean:
“Access” means the way or means by which pedestrians and vehicles enter and leave property which is commonly open to use by the public.
“Accessory use or accessory structure” means a use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use.
“Alley” means a street which affords only a secondary means of access to the property.
“Automobile wrecking yard” means premises used for the commercial storage or sale of used automobile or truck parts or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof, unless said activity takes place solely within an enclosed structure.
“Apartment” means a building (or portion thereof) consisting of separate living units designed for occupancy by three or more families living independently of each other.
“Bed and breakfast” means an establishment in a residential district that contains up to five guest bedrooms, is owner or manager occupied, provides a morning meal, and limits the length of stay to 15 days.
“Boarding house, lodging, or rooming house” means a building where lodging with or without meals is provided for compensation, for over five guests to a maximum of 12 guests.
“Building” means a structure or mobile home unit built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.
“Carport” means a stationary, roofed structure or a portion of a building open on two or more sides primarily used for the parking of motor vehicles.
“Church” means a building or edifice used primarily for religious worship.
“City” means city of Culver.
“City council” means Culver city council.
“Contiguous land” means two or more parcels or units of land, including water, under a single ownership which are not separated by an intervening parcel of land under a separate ownership (including limited access rights-of-way) which would deny access between the two parcels under single ownership.
“Driveway apron” means a paved or concrete connection from the public street to the property line and/or driveway of a dwelling unit. Minimum width is 12 feet and the maximum is 20 feet. A driveway apron shall be constructed of either two and one-half inches of asphaltic concrete or four inches of concrete over six inches of one-and-one-half-inch minus aggregate base and two inches of three-quarter-inch minus aggregate leveling course.
“Duplex” means a building containing two dwelling units; each dwelling unit is designed for occupancy by a single family.
“Dwelling, single-family” means any building designed or used exclusively for occupancy by one family and containing one dwelling unit, including manufactured homes meeting the requirements of CMC 17.16.070.
“Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit. Family shall include two or more persons with a handicap as defined in the Fair Housing Amendments Act of 1988, 42 USC § 3601 and following, living as a single housekeeping unit.
“Fourplex” means a building containing four dwelling units; each dwelling unit is designed for occupancy by a single family.
“Home occupation” means the lawful occupation carried on by a resident of a dwelling as an accessory use solely within the same dwelling, or lawful accessory building, provided:
1. There is no more than one additional person employed other than the resident of the dwelling.
2. The use (home occupation) does not change the character of the dwelling.
3. The occupation is carried on in such a manner as not to impart the outward appearance of a business in an ordinary meaning of the term, or cause or lead to unreasonable increase of the flow of traffic in the neighborhood or production of noise or other forms of environmental pollution.
4. There is no commercial delivery or pickup of products at the dwelling.
5. A business license shall be obtained from the city recorder.
“Industrial” means the making of commodities by manufacturing, assembling, fabrication, or compounding by manual labor or machinery. The term includes physical or chemical processes or combinations thereof:
1. “Light industrial” is defined as those activities listed above which occur totally within an enclosed structure. There is no odor, vibration, dust, or noise discernable to the human sensory perception beyond the exterior walls of the structure.
2. “Heavy industrial” is defined as those activities listed above which can occur outside an enclosed structure. The uses include outside storage, loading and unloading, stockpiling, etc., for which there is no odor, vibration, dust, or noise discernable to the human sensory perception beyond the property line of the site.
“Lot” means a parcel or tract of land.
“Lot area” means the total area of the lot measured in the horizontal plane within the lot boundary lines.
“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.
“Lot line, front” means the line on the lot facing the street from which the access to the lot is commonly made.
“Lot line, rear” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or other shaped lot or parcel, a line 10 feet in length within the lot or parcel parallel to and at a maximum distance from the front lot line. In the above instance, and if the front line is curved and a determination of the parallel relationship to the front lot line is being made, a straight line connecting the two end points of the front lot line shall be used. In the case of a corner lot or parcel, either interior lot line may be the rear lot line, regardless of the placement of the front door.
“Lot width” means the average horizontal distance between the side lot lines ordinarily measured parallel to the front lot line.
“Manufactured dwelling” means:
1. Residential trailer: 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.
2. Mobile home: 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.
3. Manufactured home: a dwelling constructed to U.S. Department of Housing and Urban Development (HUD) standards since June 15, 1976, but not to State Building Code standards.
a. For any purpose other than that set forth in subsection (2) of this definition, “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; or
b. For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, “manufactured home” has the meaning given the term in the contract.
c. “Manufactured dwelling” does not mean any building or structure subject to the Structural Specialty Code adopted pursuant to ORS 455.100 to 455.450 or any unit identified as a recreational vehicle by the manufacturer.
“Mobile home park” means any privately owned place where two or more mobile homes used for human occupancy are parked within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is the rental of spaces.
“Multiple-family dwelling” means dwelling designed or intended for the residence of three or more families.
“Nonconforming structure or use” means a lawfully existing structure or use at the time the ordinance codified in this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.
“Owner” means a person, his authorized agent or representative having legal authority to use, transfer or lease land.
“Parking place” means a rectangular area approximately 20 feet long and 10 feet wide, together with maneuvering and access space for an automobile, equipment or other vehicle to park within the rectangle without the necessity of maneuvering other parked vehicles. See Chapter 17.20 CMC for specific requirements.
“Person” means a natural person, firm, partnership, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.
“Planning commission” means city of Culver planning commission.
“Plot plan” means a drawing indicating the location of existing and proposed structures on a lot or parcel, together with other site information as required.
“Recreational vehicle” means a vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes and has a gross floor space of less than 400 square feet. The unit shall be identified as a recreational vehicle by the manufacturer.
“Recreational vehicle park” means any area designed to establish, operate, manage, or maintain the same for picnicking or overnight recreational vehicle or tent camping by the general public. This includes areas open to use free of charge or through a payment of a tax or fee or by virtue of rental, lease, license, membership, association, or common ownership. This further includes but is not limited to those areas divided into two or more lots, parcels, units, or other interests for the purposes of such use. Such recreational vehicle parks as defined are not intended for residential occupancy. The maximum stay shall be limited to 180 consecutive days. The facility shall be licensed by the state of Oregon.
“Residential facility” means a residential care, residential training, or residential treatment facility licensed or registered by or under the authority of the Department, as defined in ORS 443.400 under ORS 443.400 to 443.460, or licensed by the state of Oregon Division under ORS 418.205 to 418.327 which provides residential care alone or in conjunction with treatment or training, or the combination thereof, for six to 15 individuals who need not be related. Staff persons required to meet the licensing requirement shall not be counted in the number of facility residents and need not be related to each other or to any resident of the residential facility.
“Residential home” means a residential treatment or training or adult foster home licensed by or under the authority of the Department as defined in ORS 443.400, 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, which provides residential care alone or in conjunction with treatment or training, or a combination thereof, of five or fewer individuals who need not be related. Staff persons required 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 residents of the residential home.
“Residential use” means a structure or use designed or used for occupancy as a human dwelling or lodging place, such as single-family dwelling, duplex, apartment, boarding, lodging or rooming house, mobile home or mobile home park, or labor camp.
“Setback” means an area established for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained.
“Sign” means an outdoor display, message, emblem, device, figure, painting, drawing, placard, poster, billboard or other thing that is used, designed or intended for advertising purposes or to inform or attract the attention of the public. The term includes the sign supporting structure, display surface and all other component parts of the sign. When dimensions of the sign are specified, the term includes the panels and frames, and the term includes both sides of the sign of specified dimension or area, but the term shall not include a sign as reasonably necessary or required by any branch or agency of the government pursuant to any public law or regulation.
“Street” means the entire width between the right-of-way lines of every public way for vehicular and pedestrian traffic, and includes the terms road, highway, lane, place, avenue, alley or other similar designation which is commonly open to use by the public.
“Structure” means something which is constructed or built having a fixed base on or fixed connection to the ground or other structure.
“Tract or area” means the area within a measurable boundary of land or contiguous parcels of land.
“Triplex” means a building containing three dwelling units; each dwelling unit is designed for occupancy by a single family.
“Use” means the purpose for which land or building is designed, arranged or intended, or for which it is occupied or maintained.
“Yard” means an open space on a lot which is unobstructed except as otherwise provided in this title, and includes driveways.
“Yard, front” means a yard between the side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition abutting on a street other than an alley shall be considered a front yard.
“Yard, rear” means yard between the side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building.
“Yard, side” means the yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of a building. [Ord. 01-02 § 2 (Exh. 2 § 1.3), 2001.]
17.04.040 Interpretation.
Where a provision of this title is less restrictive than another ordinance or requirement of the city, the provision or requirement which is more restrictive shall govern. [Ord. 01-02 § 2 (Exh. 2 § 9.1), 2001.]
17.04.050 Abatement and penalty.
A. Violation of any provision of this title or of any amendment of this title is punishable upon conviction by a fine of not more than $100.00 for each day of violation where the offense is a continuing offense.
B. In case a building or other structure is or is proposed to be located, constructed, maintained, repaired, altered, or used, or land is or is proposed to be used, in violation of this title, the building or land thus in violation shall constitute a nuisance and the city may, as an alternative to other remedies that are legally available for enforcing this title, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful location, construction, maintenance, repair, alteration or use. [Ord. 01-02 § 2 (Exh. 2 § 9.3), 2001.]