Chapter 17.501 DEFINITIONS

Division 17.500. Definitions

Chapter 17.501
DEFINITIONS

Sections:

17.501.010 Grammatical interpretation.

Words used in the masculine include the feminine, and words used in the feminine include the masculine. Words used in the present tense include the future, the singular number includes the plural, and the word “shall” is mandatory and not discretionary. Where terms or words are not defined, they shall have their ordinary accepted meanings within the context of their use. [Ord. 521-2013 § 3 (Exh. A)].

17.501.020 Definitions.

The following words and phrases, when used in this code, shall have the meanings ascribed to them in this chapter, except in those instances where the context clearly indicates a different meaning. Definitions with a “**” are provided with a visual design in DMC 17.501.030.

Abutting. See “Adjoining.”

“Access” means the way or means by which pedestrians, bicycles and vehicles shall have safe, adequate and usable ingress and egress to property.

“Access management” means measures regulating access to streets, roads, and highways from abutting public or private property.

“Access way” means an easement or right-of-way, not located within a street or road right-of-way, designated for pedestrian and/or bicycle passage. May also be called a multi-use path.

“Accessory building (structure)” means a detached, subordinate building or portion of a main building, the use of which is incidental to that of the main building or to the use of the land, but does not include dwellings or living quarters.

“Accessory dwelling unit” means an interior, attached, or detached secondary dwelling unit that is subordinate to a single-family dwelling unit.

“Accessory structure, exempt” means an accessory structure that is exempt from meeting yard setback requirements.

“Accessory use” means a use incidental, appropriate and subordinate to the main use of the lot or building.

“Adequate access” means direct routes of travel between destinations.

“Adequate area” means space sufficient to provide all required public services to standards defined in this code.

Adjacent. See “Adjoining.”

“Adjoining” means located next to another and being in contact at some point, or being separated only by a public right-of-way unless the text dictates otherwise.

“Administrative review” means a decision affecting land use within the city which is based on the application and/or enforcement of existing standards contained in this code. Administrative decisions will be made by the city planning official.

“Alteration, structural” means any change in the exterior dimensions of a building or a change or repair which would affect or materially change a supporting member of a building, such as a bearing wall, column, beam, or girder.

“Appeal” means a request for a review of the decision authority’s action on an application or interpretation.

“Applicant” means the owner of record or contract purchaser or other individual authorized by the owner to make an application under this code.

“Area of special flood hazard” means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V.

“Auction yard” means an open area where sale items are stored or displayed for not more than seven consecutive days within any given 30-day period and where persons are permitted to attend sales and offer bids on such items.

“Automobile, recreational vehicle or trailer sales areas” means a lot used for display, sale, or rental of new or used automobiles, recreational vehicles or trailers where no repair work is done except minor, incidental repairs of automobiles or trailers to be displayed, sold or rented on the premises.

“Automobile service station” means a building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles, but excluding major repair and overhaul.

“Babysitter” means a person who goes into the home of a child to give care during the temporary absence of the parent or legal guardian or custodian.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letter A or V.

**“Basement” means that portion of a building that is partly or completely below grade. A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is more than six feet above grade plane or more than 12 feet above the finished ground level at any point.

“Bed and breakfast establishment” means a structure designed and occupied as a single-family residence in which lodging rooms plus a morning meal are provided on a daily or weekly basis. A bed and breakfast structure must be owner or manager occupied.

“Bicycle facilities” means facilities which provide for the needs of bicyclists, including bikeways and bicycle parking.

“Bikeway” means a designated area located within and parallel to a street or road right-of-way for the primary use of bicycles; generally located abutting the roadway curb or shoulder.

**“Block” means an area of land bounded by three or more streets, excepting alleys.

“Boarding, lodging, or rooming house” means a building where lodging with or without meals is provided for a period of longer than 30 days at a time for compensation for not more than five persons in addition to members of the family occupying such building.

“Break in slope” is the transition point where a valley or riverbank slope flattens and represents an historic geologic terrace of a stream or river. The point at which the grade extending from a break in slope, away from the stream or river, is less than 25 percent. Break in slope is also commonly referred to as top of ravine in steeply sloped headwater environments. Break in slope does not include minor surface anomalies that result from localized landslide slumps or site grading.

“Building” means any structure used or intended for supporting or sheltering any kind of use or occupancy. A recreational vehicle or residential trailer is not considered a building.

“Building, main” means a building in which is conducted a main use of the building site on which it is situated.

“Building official” means an individual empowered by the city council to administer and enforce building regulations.

“Building site” means a parcel, lot, or plot of land occupied or to be occupied by a main use and accessory uses and/or building or group of buildings, which parcel, lot, or plot of land complies with all the requirements of this code relating to building sites.

“Business office” means an office for credit agencies, loan companies, investment companies, detective agencies, government agencies, contractors, or similar businesses. “Business office” excludes call centers and professional offices.

“Cabana” means a stationary structure which may be prefabricated or demountable, with two or more walls, used in conjunction with a manufactured home to provide additional living space and meant to be moved with the manufactured home.

“Call center” means an office set up to handle a large volume of telephone calls, especially for taking orders and providing customer service. A call center includes stations for at least 20 call-handling employees on site.

“Campground” means an area designated for overnight camping that provides space for tents, tent vehicles, camping vehicles, or recreational structures. “Campground” excludes recreational vehicle parks and mobile home parks.

“Carpool” means two or more persons each with a valid driver’s license commuting in a single vehicle.

“Carport” means a stationary structure consisting of a roof with its supports and not more than one wall or storage cabinet substituting for a wall and used for covering a vehicle parking space.

“Cemetery” means land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when operated in conjunction with and within the boundary of such cemetery.

“Church” means a permanently located building primarily used for religious worship. A church shall also include accessory buildings for related religious activities and a residence.

“City” means the city of Dundee, Oregon.

“City decision-making body” means the person or entity responsible for making a decision on a particular matter or application, such as the planning official, the planning commission, or the city council.

**“Clear vision area” means a triangular area at the intersection of two streets or a street and a driveway that is required to be kept free of objects that would impede motorists traveling on those streets or driveways from seeing other vehicles or pedestrians crossing their paths.

“Clinic” means a facility for examination and treatment of human ailments by a group of physicians, dentists, or other licensed practitioners on an out-patient basis and not involving overnight housing of patients.

“Club, lodge or fraternal organization” means an organization, group, or association supported by the members thereof, the purpose of which is to render a service primarily 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 for profit.

Commercial Storage. See “Warehouse.”

“Commission” means the city planning commission of Dundee, Oregon.

“Common open space” means an area, feature, or building or other facility within a development designed and intended for the use or enjoyment of all occupants of the development or for the use and enjoyment of the general public.

“Community building” means a publicly owned and operated facility used for meetings, recreation, or extracurricular education, such as a library.

“Comprehensive plan” means the comprehensive plan of the city of Dundee, Oregon.

“Condominium” means property submitting to the provisions of ORS 94.004 to 94.480, and 94.991.

“Conforming” means in compliance with the regulations of this code.

Contiguous. See “Adjoining.”

“Council” means the city council of Dundee, Oregon.

“Critical feature” means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

“Data center” means a facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and security devices.

“Day care facility” means an institution, establishment or place, not a part of a public school system, in which are commonly received three or more children, not of common parentage, under the age of 14 years, for a period not exceeding 12 hours per day for the purpose of being given board, care, or training apart from their parents or guardians for compensation or reward. “Day care facility” includes a preschool, but excludes a family child care home.

“Density” means the number of dwellings, manufactured dwellings, or manufactured dwelling or mobile home park spaces per gross acre.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Drive-through service” means a use where patrons can enter a site, carry out transactions or receive service, and exit the site without leaving their vehicles. “Drive-through service” includes drive-up ATM service.

“Driveway” means a minor private way used by vehicles to gain access from a street onto a lot, or to circulate within or between lots. “Driveway” excludes a private street.

Duplex. See “Dwelling, two-family.”

“Dwelling, multifamily” means a building containing three or more dwelling units designed for occupancy by three or more families living independently of each other.

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

“Dwelling, single-family attached” means a two-family dwelling so designed that each individual dwelling unit is located upon a separate lot or parcel.

“Dwelling, townhouse” means a multifamily dwelling so designed that each individual dwelling unit is located upon a separate lot or parcel.

“Dwelling, two-family (duplex)” means a detached building containing two dwelling units designed exclusively for occupancy by two families living independently of each other.

“Dwelling unit” means one or more rooms designed for occupancy by one family and not having more than one cooking facility. “Dwelling unit” includes an individual unit within a manufactured dwelling, but not within a recreational vehicle, a recreational structure, a hotel or motel room, or a campground space.

**“Dwelling, zero side yard” means a dwelling unit constructed so that at least one wall of the dwelling is constructed at a side lot line. “Zero side yard dwellings” include single-family attached dwellings, townhouse dwellings, and single-family detached dwellings constructed with one wall at a side property line. It excludes condominiums.

“Emergency service facility” means a facility for emergency response personnel and equipment, such as a police station, fire station, or ambulance station.

Exterior Lighting. Definitions commonly associated with Chapter 17.303 DMC, Exterior Lighting, are listed below. In the case where a term of this code is found to be in conflict with a definition of a term or any other ordinance, “IES” (Illuminating Engineering Society of North America) handbook or regulation, the more restrictive definition will apply.

A. “Decorative lighting” means luminaires that contain small individual bulbs on a string where spacing of bulbs is not closer than three inches and where output per bulb is no greater than 50 lumens.

B. “Exterior lighting” means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors and intended to light something outside are considered exterior lighting for the purpose of Chapter 17.303 DMC.

C. “Footcandle (fc)” means the amount of illumination the inside surface of a one-foot radius sphere would be receiving if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot.

D. Holiday Period. For the purposes of DMC 17.303.020, the “holiday period” is defined as the months of November, December, and January.

E. “Horizontal plane” means a plane parallel to the horizon.

F. “Illuminance” means the amount of light falling on any point of a surface measured in footcandles/lux.

G. “IESNA” means Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting engineers.

H. “Lamp” means the generic term for an artificial light source, to be distinguished from the whole assembly (see “Luminaire”). Commonly referred to as “bulb.”

I. “Light” means the form of radiant energy acting on the retina of the eye to make sight possible.

J. “Light pollution” means artificial light emitted from a premises so as to be prejudicial to health, cause a safety hazard or create a nuisance.

K. “Light trespass” means light that shines onto neighboring properties.

L. “Lighting” means any or all parts of a luminaire that function to produce light.

M. “Lumen” means the unit of luminous flux, a measure of the power of light perceived by the human eye. If a light source emits one candela of luminous intensity uniformly across a solid angle of one steradian, its total luminous flux emitted into that angle is one lumen. This should be understood to be the initial lumens value for the lamp.

N. “Luminaire” means a complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as “fixture.”

O. “Milliampere” means a unit of current equal to one-thousandth of an ampere.

P. “Recessed” means when a light is built into a structure or portion of a structure such that the light is fully cut off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.

Q. “Shielded” means a luminaire incorporating a solid barrier (the shield), which permits no light to escape through the barrier and where the lamp is recessed and is not visible from the elevation of the luminaire, and no light is emitted from its sides.

1. “Shielded, fully” means a luminaire incorporating a solid barrier (the shield), which permits no light to escape through the barrier or shine above a horizontal plane through the luminaire’s lowest light emitting part, and where the lamp is recessed and is not visible from the elevation of the luminaire, and no light is emitted from its sides.

2. “Shielded, partially” means the bulb of the luminaire is shielded by a translucent siding and the bulb is not visible. Light may be emitted at the horizontal level of the bulb.

3. “Unshielded” means a luminaire that may emit light in any direction.

R. “Spotlight” means a light that incorporates a reflector or refractor to concentrate light output into a directed beam in a particular direction.

S. “Street light” means a luminaire approved by the city engineer to primarily provide illumination for the public right-of-way.

T. “Uplighting” means shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.

“Family” means an individual or two or more persons related by blood or marriage or a group of not more than five persons who need not be related by blood or marriage living together in a dwelling unit. “Family” includes a group of individuals with disabilities living as a single housekeeping unit.

“Family child care home” means a registered or certified family child care home under the laws of the state of Oregon. A registered family child care home generally provides care for a maximum of 10 children in the family living quarters of the provider’s home. A certified family care home is located in a building constructed as a single-family dwelling and has a certificate to care for a maximum of 16 children at any one time.

“Farm use” means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the production of, poultry, fur-bearing animals or honeybees or the sale of dairy products or any other agricultural or horticultural use or any combination thereof, as further defined in ORS Chapter 215. “Farm use” excludes the keeping of livestock and gardening.

“Fence” means an unroofed barrier or an unroofed enclosing structure or obstruction constructed of any materials including but not limited to wire, wood, cement, brick, and plastic.

“Fence, sight-obscuring” means a fence or evergreen planting arranged in such a way as to obstruct vision.

“Fish habitat” means those areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland or tidal waters; and/or

B. The unusual and rapid accumulation of runoff or surface waters from any source.

“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

“Flood plain development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of a special flood hazard. “Flood plain development” includes gas or liquid storage tanks that are principally above ground, manufactured dwellings, and recreational vehicles placed on the site for 180 consecutive days or more.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Floor area” means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:

A. Attic space providing headroom of less than seven feet;

B. Basements not considered a story above grade plane;

C. Uncovered steps or fire escapes;

D. Garages, carports, or porches;

E. Accessory water towers or cooling towers;

F. Off-street parking or loading spaces.

“Garage” means a detached accessory building or portion of a main building used for the parking or temporary storage of automobiles in which no business, occupation, or service is provided. “Garage” excludes a carport.

“Gardening” means the raising of plants primarily for use or consumption of the resident or tenant of the lot. “Gardening” may include community gardens that provide space for individuals to raise plants for their personal use, or for donation to charitable organizations. “Gardening” also may include keeping of a small number of chickens or other small animals for personal use by the resident where permitted by the Dundee Municipal Code.

“Golf course” means a large outdoor tract of land laid out for playing golf. “Golf course” may include a golf driving range or golf pro shop as accessory uses.

“Golf driving range” means an area laid out for practicing golf distance shots.

“Golf pro shop” means a retail store for selling golf merchandise, and which may include instructional facilities.

**“Grade” means the finished ground level adjoining the building at all exterior walls, or adjoining a structure not having walls.

**“Grade plane” means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls.

“Green roof” means a roof with a thin layer of living vegetation installed on top intended to provide stormwater management.

“Guest house” means a detached accessory building used as sleeping quarters for guests of the occupants of the main dwelling on a noncommercial basis and having no cooking facilities.

**“Height of building” means the vertical distance from the grade plane to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

“Home occupation” means a lawful occupation carried on by a resident of a dwelling unit as a secondary use within the same dwelling unit.

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

“Hotel” means a commercial establishment offering lodging to transient (less than 30 days) residents, and often having restaurants, meeting rooms, stores, or other facilities that are available to the general public.

“Junk yard” means the use of more than 200 square feet of the area of any lot for the storage of salvage materials, including scrap metals or other scrap materials, or for the dismantling or “wrecking” of automobiles or other vehicles or machinery, whether or not such uses are conducted as a business for profit or otherwise.

“Kennel” means any lot or premises on which four or more dogs and/or cats over the age of four months are kept for sale, boarding, or training for other than the residents of the lot.

“Land division” means any partition or subdivision.

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

“Loading space” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

“Lot” means a lawfully established unit of land that includes any of the following:

A. A subdivision lot or partition parcel created pursuant to ORS 92.010 to 92.192, and as may have been adjusted through an approved property line adjustment;

B. Another unit of land created:

1. In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or

2. By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations at the time of creation; or

C. A unit of land validated using the process described in this code.

“Lot” does not mean a unit of land created solely to establish a separate tax account.

“Lot area” means the total area of a lot, measured in a horizontal plane within the lot boundary lines, exclusive of public and private streets and easements of access to other property. For flag lots, the access strip shall not be included in lot area for the purposes of minimum lot area requirements of this code.

**“Lot, corner” means a lot abutting on two intersecting streets, either currently improved or planned to be improved as a public street in the Dundee Transportation System Plan, other than an alley, where the angle of intersecting streets is no greater than 135 degrees.

**“Lot coverage” means the portion of a lot covered or occupied by buildings or other structures.

**“Lot depth” means the horizontal distance measured from the midpoint of the primary front lot line to the midpoint of the rear lot line, or on a through lot to the midpoint of the secondary front lot line.

**“Lot, flag” means a lot or parcel of land taking access by a relatively narrow strip of land between the major portion of the parcel and the point of public access to the parcel, all of which is in the same ownership or title.

**“Lot frontage” means the distance between the two side lot lines, or between the side and opposite front lot line, measured at the minimum front setback line, parallel to the front lot line.

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

**“Lot line, front” means a property line separating the lot from the street, other than an alley.

**Lot Line, Primary Front. On a corner lot or a through lot, it is generally the front lot line faced by the primary building entrance; however, the applicant may designate any one of the front lot lines as the “primary front lot line,” provided that designation would not result in an avoidable nonconforming setback, lot depth, or other standard. On lots with only one front lot line, that front lot line is the “primary front lot line.”

**“Lot line, rear” means a property line which is opposite and most distant from the primary front lot line, unless that property line is a secondary front lot line.

**“Lot line, secondary front” means a front lot line on a corner lot or through lot that is not the primary front lot line.

**“Lot line, side” means any property line which is not a front or rear lot line.

**“Lot, through” means a lot with frontage on two non-intersecting streets, other than alleys.

**“Lot width” means the diameter of the largest circle that may be inscribed within the lot lines of a lot.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the flood plain overlay.

“Manufactured dwelling” means a residential trailer, mobile home or manufactured home. “Manufactured dwelling” does not include any building or structure constructed to conform to the state of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer.

“Manufactured dwelling park” 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 park” does not include a manufactured home subdivision.

“Manufactured dwelling park space” means an area, tract of land, or portion of a manufactured dwelling park that is designed or used for occupancy by one manufactured dwelling or recreational vehicle.

“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 regulations in effect at the time of construction.

“Manufactured home subdivision” means a subdivision intended for and designed to accommodate manufactured homes on individual lots and developed pursuant to the provisions of this code.

“Manufactured structure” means a recreational vehicle, manufactured dwelling or recreational structure. “Manufactured structure” does not include any building or structure regulated under the state of Oregon Structural Specialty Code or the Oregon Residential Specialty Code.

“Marijuana facility” means any facility licensed or registered by the state of Oregon and in compliance with all provisions of Oregon law, including medical marijuana dispensary, grower, and processor, and recreational marijuana producer, processor, wholesaler, and retailer, and marijuana testing laboratory or research certificate facility. All terminology and definitions mean the same as in OAR 333-008 and 845-025.

“Master plan” means a sketch or other presentation showing the ultimate development layout of a lot or tract that is to be developed in successive stages or subdivisions.

“Miniature golf” means a recreational facility laid out for golf where all shots are short distance and normally played with a putter.

“Mini-storage warehouse” means a warehouse divided into multiple small units that are leased to individual tenants for storage of personal household goods.

“Mitigation” is a means of compensating for impacts to a riparian corridor including restoration, creation, or enhancement. Some examples of riparian impact mitigation actions are replanting trees, removal of nuisance plants, and restoring streamside vegetation where it is disturbed or where it has been degraded due to past practices.

“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.

“Mobile home park” means any place where four or more manufactured structures are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Mobile home park” does not include a manufactured home subdivision.

“Mobile home park space” means an area, tract of land, or portion of a mobile home park that is designed or used for occupancy by one manufactured structure.

“Modular or prefabricated home” means a dwelling unit whose components are assembled and brought to the site and erected. The dwelling unit is intended and designed to be placed upon a permanent foundation and substantial construction is needed before it is complete and ready for permanent occupancy. Modular or prefabricated homes are regulated by the applicable building codes.

“Mortuary” means an establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.

“Motel” means a commercial establishment offering lodging to transient (less than 30 days) residents, and which usually has each room open to the outside.

Multi-Use Path. See “Access way.”

“Nonconforming development” means physical development that was legally established, but that does not meet the current standards of this code, such as buildings that do not meet required height or setback standards, lot development that does not meet current standards for parking or landscaping, or sites that do not meet current standards for sidewalk, street frontage or utility improvements. This does not include development where the standard was varied through a variance, planned unit development, or similar approval.

“Nonconforming lot” means a lot, parcel, or tract of land that was legally established, but that does not meet the current standards for lots in that zone, such as lot dimensions or lot frontage requirements. This does not include lots that were approved to have lesser dimensions or lot standards through a variance, planned unit development, or similar approval.

“Nonconforming use” means a current and continuing use of property that was lawfully established but that is not now listed as a permitted or conditional use in the zone in which it located, or that does not meet specified limits on size, residential density, or similar limits.

“Nursing home” means any home, place or institution which operates and maintains facilities providing convalescent or nursing care, or both, for periods exceeding 24 hours for two or more ill or infirm patients not related to the nursing home administrator, or owner, by blood or marriage. Convalescent care may include, but is not limited to, the procedures commonly employed in nursing and caring for the sick and includes rest homes and convalescent homes, but does not include a boarding home for the aged, a retirement home, hotel, hospital, residential care home, residential care facility, or a chiropractic facility licensed under ORS.

“Official zoning map” means the map or maps upon which the zone locations in the city of Dundee are indicated.

“Owner” means the owner of record of real property as shown on the latest tax rolls or deed records of the county, or a person who is purchasing a parcel or property under written contract.

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

“Park and ride lot” means parking spaces, dedicated or shared use, that are provided for motorists who transfer to and from individual vehicles to public transportation vehicles or to a carpool or vanpool operation.

**“Parking area coverage” means that portion of a lot covered by public and private parking areas and drive aisles, excluding carports and garages.

“Parking area, private” means an open area, building or structure, other than a street or alley, used for the parking of the automobiles of residents and guests of a building. It includes maneuvering areas, drive aisles and driveways needed to access the parking area.

“Parking area, public” means an open area, building or structure, other than a private parking area, street or alley, used for the parking of automobiles and other motor vehicles, and available for use by persons patronizing a particular building or establishment. It includes maneuvering areas, drive aisles and driveways needed to access the parking area.

“Parking facility” means parking spaces that are not designated for use by those patronizing a specific use on site or a nearby site. This includes publicly owned parking lots designated for use by the general public, commercial parking lots open to the general public where a fee is charged to park, and park and ride lots.

“Parking space” means an enclosed or open surfaced area, exclusive of maneuvering and access area, permanently reserved for the temporary storage of an automobile and connected with a street or alley by a surfaced driveway which affords ingress and egress for automobiles. The following are not considered parking spaces for the purposes of OAR 660-12-045(5)(c): park and ride lots, disabled parking and parking for carpools and vanpools.

“Partial harvesting of timber” means a timber harvest that leaves at least 25 percent of the trees at least six inches DBH standing beyond the vegetative fringe.

“Partition” means either an act of partitioning land or an area or tract of land partitioned.

“Partitioning land” means dividing land to create not more than three parcels of land within a calendar year, but does not include:

A. Dividing land as a result of a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

B. Adjusting a property line as property line adjustment;

C. Dividing land as a result of the recording of a subdivision or condominium plat;

D. Selling or granting by a person to a public agency or public body of property for state highway, county road, city street or other right-of-way purposes if the road or right-of-way complies with the applicable comprehensive plan and ORS 215.213(2)(p) to (r) and 215.283(2)(q) to (s). However, any property sold or granted for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned; or

E. Selling or granting by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

“Pedestrian connection” means a continuous, unobstructed, reasonably direct route intended and suitable for pedestrian use between two points. Pedestrian connections include but are not limited to sidewalks, walkways, access ways, stairways and pedestrian bridges.

“Pedestrian plaza” means a small semi-enclosed area usually adjoining a sidewalk or a transit stop which provides a place for pedestrians to sit, stand, or rest.

“Person” means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

“Place of public assembly” means structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.

“Plan map” means an officially adopted map of the city, including land within the urban growth boundary, showing land use designations and other graphic information which is part of the city’s comprehensive plan.

“Planned unit development” means a type of development of a site which, as a single project, is based on a design which incorporates all elements of land, structures and uses in conformance with the applicable standards of this code.

“Planning commission” means the planning commission of Dundee, Oregon.

“Planning official” means the Dundee city administrator or an official designated by the Dundee city administrator with authority to administer the provisions of this code.

“Plat” means the final map which is a diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision or partition.

“Preschool” means an educational institution for children not old enough to attend elementary school.

“Principal” means a principal or governing member of any business entity, including but not limited to LLC member/manager, president, vice president, secretary, treasurer, CEO, director, partner, general partner, or limited partner.

“Principal structure” means a structure that is not an accessory structure and is not exempt from meeting minimum yard setback requirements.

“Professional office” means an office occupied by an accountant, architect, artist, attorney-at-law, professional engineer, land surveyor, land use planner, insurance agent, real estate broker, landscape architect, or practitioner of the human healing arts, or other professional business similar in type, scale and character. “Professional office” excludes a business office.

“Property line adjustment” means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

Psilocybin Facilities.

“Laboratory” means a building or structure licensed under ORS 475A.594.

“Product manufacturer” means a building or structure, licensed under ORS 475A.290, used in whole or in part for the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.

“Service center” means a building or structure, licensed under ORS 475A.305, used in whole or in part for psilocybin administration sessions and at which other psilocybin services may be provided.

“Psilocybin waste” means:

A. Waste material that is a byproduct of manufacturing psilocybin products that contains a detectable amount of psilocybin.

B. Partially consumed psilocybin products, excluding client packaging.

C. Psilocybin products that a manufacturer, service center or laboratory disposes.

D. Any psilocybin product that is required to be designated as waste by OAR 333-333-8000.

“Public facilities and services” means projects, activities, and facilities which are necessary for the public health, safety, and welfare.

“Quasi-judicial review” means a decision affecting land use within the city which requires the interpretation and/or amendment of existing standards or maps contained in this code. Quasi-judicial decisions are heard by the planning commission. The decision of the planning commission is final except when the decision would necessitate an amendment to this code. In those cases the planning commission decision is forwarded as a recommendation to the city council for a final decision. Quasi-judicial review is required for variances, conditional use permits, subdivisions, planned unit developments, some comprehensive plan and zone changes, and urban growth boundary amendments.

“Ramada” means a stationary structure having a roof extending over a manufactured home, which may also extend over a patio or parking space and is used principally for protection from the elements.

“Recreational structure” means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the state of Oregon.

“Recreational vehicle” 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 as further defined, by rule, by the state of Oregon. The unit shall be identified as a recreational vehicle by the manufacturer and meet applicable federal standards for construction.

“Recreational vehicle park” means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose the renting of space and related facilities for a charge or fee, or the provision of space for free in connection with securing the patronage of a person. “Recreational vehicle park” excludes a manufactured dwelling park or mobile home park.

“Residential care facility” means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 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 resident of the residential facility.

“Residential care home” means a residential treatment or training home, as defined in ORS 443.400, 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. 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 resident of the residential care home.

“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.

“Retail trade” means the process of selling to the consumer for direct consumption and not for resale.

“Retaining wall” means a wall that is built to resist lateral pressure. That portion of a “retaining wall” that projects above the retained grade is a fence.

**“Right-of-way” means the full width and length of a street, access way, or other strip of land designated for passage of persons, vehicles, or utilities through a dedication, plat, easement, public designation, or other legal means.

“Riparian corridor” is a resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.

“Riparian corridor boundary” is a line that is a certain distance upland from the top bank that represents the transition from riparian area to upland area.

“Riparian forest, riparian corridor” is the area between a sensitive area and the break in slope.

“School, career” means any private proprietary professional, technical, business or other school instruction, organization or person that offers any instruction or training for the purpose or purported purpose of instructing, training or preparing persons for any profession at a physical location attended primarily by minors.

“School, college or vocational” means an institution offering post-secondary instruction primarily to adults, usually working toward a diploma, degree, or certificate.

“School, commercial” means a business that provides instruction to children or adults for a fee or other compensation, such as a music school or dancing school, where the instruction is normally beyond basic educational requirements for a high school diploma, post-secondary degree, or equivalent.

“School, elementary or secondary” means an institution offering instruction in the several branches of learning and study, in accordance with the rules and regulations of the State Department of Education, including grades kindergarten through 12.

“Sensitive area, riparian corridor” includes existing and created wetlands; rivers, streams, and springs, whether flow is perennial or intermittent; or natural lakes, ponds, and in-stream impoundments. A sensitive area does not include stormwater infrastructure; a vegetated corridor (a buffer) adjacent to the sensitive area; an off-stream recreational lake, wastewater treatment lagoon, fire pond or reservoir; or drainage ditches.

**“Setback” means the distance between a specified lot line and the foundation or exterior wall of a building or structure.

“Short-term rental” means a detached single-family dwelling or a manufactured home on an individual parcel or lot (not in a mobile home park or manufactured home park) in a residential zone (R-1, R-2, R-3) or an agriculture (A) zone that is rented out in its entirety for the purpose of overnight lodging to visitors for less than 28 consecutive days. “Short-term rental” does not include a dwelling in which individual rooms are rented out separately; this type of use would fall under “bed and breakfast establishment.” Any rental of dwelling units not located in residential zones or agriculture (A) zone for less than 28 continuous days is considered a hotel or motel use.

**“Sign” means any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign does not include any architectural or landscape features that may also attract attention. Additional sign definitions applicable to Chapter 17.306 DMC include the following:

A. “Abandoned sign” means a sign that is located on an improved site that has not had legal occupancy for a period exceeding two consecutive years.

B. “Address identification sign” means a wall sign, required to be placed by law, containing only the address of a building, such sign being located on the same site as the structure.

C. “Alteration” means any change in color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration.

D. “Animated sign” means a sign which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that moves, changes, flashes, oscillates or visibly alters in appearance.

**E. Area of Sign. Refer to measurement standards in DMC 17.306.020(A).

F. “Awning” means a shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

G. “Awning sign” means any sign painted on or attached to or supported by an awning, not including banner signs.

H. “Balloon sign” means a lighter-than-air gas-filled balloon, tethered in a fixed location, that has a sign with a message on its surface or attached in any manner to the balloon.

I. “Banner sign” means a sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of nondurable materials, including, but not limited to, cardboard, canvas, cloth and/or plastic. Banner signs do not include awning signs.

J. “Canopy” means (1) a freestanding permanent roof-like shelter not attached to or requiring support from an adjacent structure (for example, a freestanding canopy at a service station); or (2) a permanent projecting structure extending from a building over a walkway.

K. “Canopy sign” means any permanent sign attached to or constructed underneath a canopy. These signs are below a projecting structure which extends over the pedestrian walkway which effectively prevents the wall signs from being visible to the pedestrian walking under the canopy. See also “Projecting, wall sign.”

L. “Changeable copy sign” means a sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means or manually through placement of letters or symbols on a panel mounted in or on a track system.

M. “Event, construction” means a period beginning on the date of local structural permit approval and ending on the date the final certificate of occupancy is issued.

N. “Event, election” means a period 90 days prior to and 14 days after any local, state, or national election.

O. “Event, special” means one three-consecutive-day period within one 30-consecutive-day period.

P. “Flag” means a fabric that is attached to a pole on one end only.

Q. “Flag display” means one or more flags attached to a single pole.

R. “Footcandle” means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot.

S. “Freestanding sign” means any sign which is permanently affixed in or upon the ground, supported by one or more structural members, including a fence or freestanding wall.

T. Frontage, Building. Refer to measurement standards in DMC 17.306.020(C).

U. “Governmental sign” means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

V. “Grade” means the level of the site at the property line located at the closest distance to the sign.

W. Height of Sign. Refer to measurement standards in DMC 17.306.020(B).

X. “Illegal sign” means any sign placed without proper approval or permits as required by this code at the time of sign placement. “Illegal sign” shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applicable provisions of this code.

Y. “Illuminated sign” means any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing or radiating signs.

Z. “Logo,” “logogram,” or “logotype” means an emblem, letter, character, pictograph, trademark, or symbol used to represent any firm, organization, entity, or product.

AA. “Monument sign” means a freestanding sign mounted on a solid base with no exposed poles or pylons where the bottom of the sign face is located within three feet of ground level.

BB. “Nonconforming sign” means a sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this code.

CC. “Portable sign” means any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools.

DD. “Projecting, wall sign” means a wall sign which projects more than 12 inches from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also “Canopy sign.”

EE. “Revolving” or “rotating sign” means an animated sign.

FF. “Roof sign” means any sign erected upon a roof, parapet, or roof-mounted equipment structure.

**GG. “Sign face” means an exterior display surface of a sign including nonstructural trim exclusive of the supporting structure.

HH. “Temporary sign” means any sign which is installed for a period not to exceed the time limitations of DMC 17.306.030(D).

II. “Vehicle sign” means any sign permanently or temporarily attached to or placed on a vehicle or trailer.

JJ. “Wall sign” means any sign attached to or painted on the wall of a building in a plane parallel or approximately parallel to the plane of said wall.

KK. Window, Area of. The area of a single window includes all of the window panes in an area that is separated by mullions, muntins, or other dividers which are less than 12 inches wide.

LL. “Window sign, exterior” means any sign affixed in any manner to the exterior of a window. An exterior window sign shall be considered a wall sign for the purposes of this code.

MM. “Window sign, interior” means any sign affixed in any manner to a window or within two feet of a window and viewable from the exterior.

“Specialty trade contractor facilities” means facilities for plumbing, roofing, sheet metal, electrical, heating and air conditioners, tents and awnings, cabinet and carpentry, and similar construction and construction related activities. This may include an office, equipment and material storage, fabrication, and repair.

“Start of construction” means the date a building permit is issued; provided, that the actual start of construction, repair, reconstruction, placement or other improvement occurs within 180 days of the permit date.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such usable or unusable underfloor space shall be considered a story.

“Stream” is a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.

**“Street” means the entire width between the boundary lines of every way of travel which provides for public or private use for the purpose of providing ingress and egress for vehicular and pedestrian traffic and the placement of utilities to one or more lots, parcels, areas, or tracts of land. The following are types of “streets”:

A. “Alley” means a narrow street through a block used primarily for access by service vehicles to the back or side of properties fronting on another street.

B. “Arterial” means a street of considerable continuity which is used primarily for through traffic and interconnection between major areas of the city.

C. “Collector” means a street supplementary to the arterial street system, used partly by through traffic and partly for access to abutting properties.

D. “Cul-de-sac (dead-end)” means a short street with one end open to traffic and the other terminated by a vehicle turnaround.

E. “Dead-end street” means a street which terminates without a turnaround area and is intended to continue at some time in the future.

F. “Frontage road, marginal access road” means a service road parallel and adjacent to an arterial street providing access to abutting properties, but protected from through traffic.

G. “Half street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision or development. Typically this includes the near side curbs and sidewalks, a paved surface up to the eventual road centerline, and drainage facilities.

H. “Local street” means a street intended primarily for access to abutting properties, but protected from most through traffic.

I. “Private street” means a street that is privately owned and maintained and that serves two or more lots. “Private street” excludes a driveway in a private access easement that serves as the required frontage for no more than three lots in a land division, or a shared driveway that serves no more than two lots.

J. “Three-quarter street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision or development. Typically this includes the near side curbs and sidewalks, a paved surface roughly three-quarters the ultimate width and adequate to allow passage of vehicles both directions, and drainage facilities.

“Street wall” means an exterior building wall that faces a public street and is located within the maximum setback distance for the applicable zone.

“Structural alteration” means any change to the supporting members of a structure, including foundation, bearing walls or partitions, columns, beams or girders, or any structural change in the roof or in the exterior walls.

“Structure” means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner.

“Subdivide” means to divide land to create four or more lots within a calendar year.

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

A. Before the improvement or repair is started; or

B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

“Top of bank” shall have the same meaning as “bankfull stage” defined in OAR 141-085-0010(12).

“Tract” means a defined area of land that has been or is proposed or reserved for land division, open space, utilities, access or similar purposes not normally associated with single lot development.

“Transportation facilities and improvements” means the physical improvements used to move people and goods from one place to another. “Transportation facilities and improvements” includes the following:

A. Construction of streets, walkways, and associated improvements as part of an approved subdivision, partition, design review, or similar application.

B. Projects identified in the city’s adopted transportation system plan.

C. Installation of culverts, pathways, medians, fencing, guardrails, walls, lighting, and similar types of improvements.

D. Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.

E. Landscaping as part of a transportation facility.

F. Transit stops.

“Transportation facilities and improvements” does not include airports, landing fields, heliports, helipads, transit centers, or parking areas.

“Unstable soil” means any soil type, as defined by the U.S. Soil Conservation Service and identified in the comprehensive plan, which has severe limitations for development due to potential flooding, erosion, structural instability or inadequate sewage waste disposal.

“Upland forest, riparian corridor” is the area between the break in slope and the outer edge of the riparian corridor.

“Urban growth boundary” means the acknowledged boundary shown in the Dundee comprehensive plan that provides land for urban development needs and identifies and separates urban and urbanizable land from rural land.

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

“Utility, area” means utility structures and buildings that serve all or large parts of the community. The facility is not typically limited to siting in a particular neighborhood. The facility may have regular personnel stationed at the site. This includes water and wastewater treatment plants, and public works maintenance yards. It includes energy production facilities that use resources shipped to the site, such as biomass energy production.

“Utility, local” means utility structures and buildings that primarily serve the local neighborhood and that typically must be sited at a specific location in order to provide the service. The facility typically has no regular personnel stationed at the site. This includes wires, cables, underground pipes, pump stations, storm drains, detention basins, reservoirs, electrical substations, and necessary right-of-way. It includes energy production facilities that use the resources at the site, such as windmills, hydropower generation facilities, and solar panel arrays.

“Vanpool” means more than five persons commuting in a single vehicle.

“Vegetative fringe” means a line generally parallel with the water line at least 30 feet upland from the ordinary high water mark including riparian and other vegetation screening upland development or activity areas from visibility from the water surface in the summer months.

“Veterinary clinic” means a facility designed to contain treatment and temporary care facilities for the cure and prevention of ailments or injuries of domestic animals, including both domestic pets and farm animals, under the direction of a licensed veterinarian.

“Walk-up service window” means a facility that patrons may use to transact business and exchange materials with a person inside the building while remaining just outside the building. “Walk-up service window” excludes ATMs or similar facilities where the transaction is made entirely electronically or automatically, and drop boxes where material is deposited only for processing after the patron has left.

“Warehouse” means a place for the safekeeping of goods and materials necessary for the proper functioning of an industrial or commercial enterprise. Also a facility designed and intended to be used for the rental of storage units to individuals for the safekeeping of personal items.

“Water-dependent” means a use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.

“Water-related” means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories and trailer parks are not generally considered dependent on or related to water location needs.

“Wholesale trade” means the bulk sale of goods for resale to a person other than the direct consumer.

“Yard” means an area on a lot that is not covered by the foundation of principal structure.

**“Yard, front” means a yard adjacent to a front lot line, the depth of which is the minimum front yard setback for that zone.

**“Yard, interior” means a yard that is not a front, side, or rear yard.

**“Yard, primary front” means the front yard adjacent to the primary front lot line.

**“Yard, rear” means a yard adjacent to a rear lot line, excluding a front yard, the depth of which is the minimum rear yard setback for that zone.

**“Yard, secondary front” means a front yard on a corner lot or through lot that is not the primary front yard.

**“Yard, side” means a yard adjacent to a side lot line, excluding a front yard or rear yard, the depth of which is the minimum side yard setback for that zone. [Ord. 588-2024 § 1 (Exh. A); Ord. 586-2024 § 1 (Exh. A); Ord. 582-2023 § 3 (Exh. C); Ord. 572-2021 § 1 (Exh. B); Ord. 563-2018 § 1 (Exh. A); Ord. 545-2016 § 1; Ord. 544-2016 § 2 (Exh. A); Ord. 539-2015 § 1; Ord. 537-2014 § 1; Ord. 534-2014 § 1 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].