Chapter 18.45
DEFINITIONS
Sections:
18.45.010 Definitions.
As used in the Monmouth City Code, the following words, terms and phrases are defined as shown in this section:
“Abutting” means touching; the term “abutting” implies a closer proximity than the term “adjacent.”
“Access” means a way, means or right to cross public and private property, allowing pedestrians and vehicles to enter and leave property.
“Access strip” means the narrow strip of lot or easement used to provide street access to a flag lot.
“Accessory building or structure” means a detached building or portion of a main building, the use of which is incidental, appropriate, and subordinate to that of the main building or to the use of the land.
“Accessory use” means a use incidental, appropriate, and subordinate to the main use of a building or land.
“Adjacent” means lying near or close to. “Adjacent” implies that the two objects are not widely separated, though they do not actually touch.
“Adult business” means shall have the meaning assigned to it in Chapter 5.05 MCC, Adult Businesses.
“Air contaminant” means any dust, fume, mist, odor, smoke, vapor, pollen, soot, carbon, acid, or particulate matter, which is emitted into the atmosphere.
“Airport” means a land area, field, runway, or other facility designed, used, or intended to be used for the landing and taking off of aircraft. Such definition shall also include structure and facilities for the storage, maintenance, or repair of aircraft, which use the landing field or runway.
“Alley” means a public way or thoroughfare, not more than 20 feet in width, which has been dedicated to the public and accepted by the City Council to provide a secondary means of access.
“Alteration, structural” means any alteration or repair, which changes a supporting member of a building such as bearing wall, column, beam, header or girder.
“Apartment” means a dwelling unit that is part of an apartment house.
Auto Court. See “Motel.”
“Auto-oriented uses” means uses related to the operation, sale, maintenance, or fueling of motor vehicles, and uses where the use of a motor vehicle is accessory to the primary use, including drive through uses.
“Automobile or trailer sales lot” means a lot or parcel used for the display, sale, or rent of new or used automobiles or trailers, and where no repair work is done except for the minor, incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
“Automobile service station” means premises used for the retail sale of gasoline, oil, and minor automobile accessories, and for the routine service, minor repair, and maintenance of automobiles.
“Automobile wrecking yard (junk yard)” means any property where more than two motor vehicles not in running condition or the parts of more than two vehicles are stored in the open; or any property used for the storage, sale, dismantling, or abandonment of wrecked automobiles, trailers, trucks, machinery, or parts thereof.
“Awning” means a movable shelter supported entirely from the exterior wall of a building and which can be retracted, folded, or collapsed against the face of a supporting building.
“Awning, mobile home” means a stationary structure, permanent or demountable, used in conjunction with a mobile home or trailer for the purpose of providing shelter from the sun and rain, and having a roof and no more than one wall or storage cabinet substituting for a wall.
“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, and which has a vertical distance from grade to the floor below equal to or greater than the vertical distance from grade to ceiling. If such portion of a building is not basement, then it shall be considered a story.
“Bed and breakfast facility” is an accessory use, located in a single-family dwelling or historic landmark building where guests are lodged for sleeping purposes and a morning meal is provided only to guests for compensation. A bed and breakfast facility can contain up to five rooms for rent on a daily basis and have a maximum of 10 guests and shall be owner or lessee occupied. The primary use of the residence must remain as a single-family dwelling and the building shall retain the characteristics of a single-family dwelling. A bed and breakfast facility shall be clearly incidental, accessory and subordinate to residential use. The use shall be conducted entirely within the single-family dwelling and shall not take an outward appearance nor manifest any characteristic of a business, except for allowed signage.
“Bed and breakfast facilities” do not include motels, health or limited care facilities, boarding houses, group quarters, hostels or rescue missions. The maximum length of stay for guests is 15 consecutive nights. Signs shall be limited to an area of two square feet. Parking shall be provided as specified in Chapter 18.130 MCC.
“Block” means the properties abutting on one side of a street between either:
(a) Two cross streets;
(b) Or between the City limits and the nearest cross streets;
(c) Or when there is only one cross street:
(i) Between a cross street and the dead end of a street;
(ii) Between a cross street and a line projected from the center line of an intersecting street, such as a “T” intersection;
(iii) Between a cross street and a point 600 feet from the particular property under consideration when there is no other cross street or intersecting street within 600 feet;
(d) Or when there are no cross streets, then the block shall be between the points 600 feet from each side of the property under consideration and along the street.
“Block length” means the distance measured along all that part of one side of a street which is between two intersecting or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, watercourse, body of water, or undivided acreage.
“Boarding house” means a building or portion thereof used for the purpose of providing meals or meals and lodging for pay. An establishment where meals are served for compensation to more than five persons shall be considered a restaurant. An establishment with more than five sleeping rooms shall be considered a hotel.
“Boarding of animals” means the care and keeping of four or more dogs, cats, or other animals over the age of four months for a period of time greater than 48 hours. The care and keeping of animals at a veterinary clinic while such animals are undergoing treatment or are convalescing shall not be considered boarding of animals.
“Building” means a structure built or used for the shelter or enclosure of persons, animals, or property of any kind.
“Building lines” means the lines indicated on the subdivision plat or otherwise described, delineating the area upon which structures may be erected.
“Cabana” means a stationary light-weight structure which may be prefabricated or demountable and which has two or more walls, used adjacent to and in conjunction with a mobile home or trailer to provide additional living space and designed to be moved with the trailer or mobile home.
Cafe. Same as “Restaurant.”
“Campground” means an overnight area with facilities and space for tents, tent vehicles, camping vehicles, or recreational vehicles.
“Capacity” means the maximum holding or service ability, as used for transportation, utilities, parks, and other public facilities.
“Car port” means a stationary structure used to shelter an automobile, and having two or more open sides.
Cellar. See “Basement.”
“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. Such definition includes a columbarium, crematory, or mortuary, when operated in conjunction with and within the boundary of a cemetery.
“Childcare facility” means a facility that provides care and supervision of minor children for periods of less than 24 hours that does not otherwise meet the definition of “family daycare.”
“City” shall mean that area under the jurisdiction of the governing body of the City of Monmouth, the City Council, or a representative of the City authorized to act in that capacity by the City Council.
“City Council” means the governing body of the City of Monmouth, Oregon.
“Clinic” means an establishment where human patients who are not lodged overnight are admitted for treatment or examination by one or more physicians, dentists, chiropractors, or other practitioners of medicine.
“Club” means an organization, group or association supported by its members, the purpose of which is to render a service primarily for members and their guests. This shall not include any organization, group or association, the chief activity of which is to render a service customarily carried on as a business.
“Common area” means land commonly owned to include open space, landscaping or recreation facilities (e.g., typically owned by homeowners’ associations).
“Comprehensive Plan” means the Comprehensive Plan for the City of Monmouth as adopted by the City Council, and including the Comprehensive Plan Map and policies.
“Condominium” means the land, whether leasehold or in fee simple and whether contiguous or noncontiguous, all buildings, improvements, and structures thereon, and all easements, rights, and appurtenances belonging thereto, which are submitted to the provisions of ORS 100.005 to 100.625.
Convalescent Home. Same as “Nursing home.”
“Court” means a space, open and unobstructed to the sky, bounded on three or more sides by walls of a building.
“Curb line” means the line indicating the edge of the vehicular roadway within the overall right-of-way on improved streets.
“Day” means a calendar day.
“Dedication” means the designation of land by its owner for any public use as shown on a partition or subdivision plat or deed. The term may also be used for dedications to a private homeowners’ association.
“Density” means the number of dwelling units per acre of land within a subdivision, manufactured dwelling park, planned unit development, lot or parcel. The number of acres shall be determined by measurement of the gross area of the property; that is, to include the area of any future streets, common areas, or other rights-of-way to be dedicated to the public, but not to include any existing streets, parks or any other areas dedicated to the public which may lie within or abut the subject property.
“Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, grading and areas devoted to exterior display, storage or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes.
“Dormitory” means a building other than a hotel, boarding house, or rooming house and used primarily for sleeping purposes.
“Downtown core area” means the area bounded on the north by the south side of Jackson Street, on the east by the west side of Pacific Street (State Highway 99W), on the south by the north side of Clay Street and on the west by the east side of Monmouth Avenue.
“Drive-in or drive-through facilities” means sites and building features such as driveway approaches, internal circulation, and exterior vending facilities that allow motor vehicle drivers to complete transactions for retail goods or services without leaving their vehicle. Vehicle service and repair facilities are not considered drive-in facilities even if the service or repair can be conducted without the driver leaving the vehicle.
Dwellings.
“Accessory dwelling unit” (ADU) means a smaller dwelling unit with complete and independent living facilities on the same lot as an existing primary dwelling unit. ADUs can be detached, attached, or interior to a primary dwelling unit.
“Cottage” means an individual dwelling unit that is part of a cottage cluster.
“Cottage cluster” means a grouping of no fewer than four detached cottages, each with a footprint of less than 900 square feet, located on a single lot or parcel that includes a common courtyard.
“Dwelling, duplex” means two dwelling units on a lot or parcel in any configuration (attached or detached, stacked, or side-by-side). In instances where a development can meet the definition of a duplex and also meets the definition of a primary dwelling unit with an accessory dwelling unit (ADU), the applicant shall specify at the time of application review whether the development is considered a duplex or a primary dwelling unit with an ADU.
“Dwelling, multiple” means four or more dwelling units on a lot whether the units are attached, detached, stacked, or otherwise provided.
“Dwelling, single-detached” means a single detached dwelling unit on a single lot.
“Dwelling, townhouse or row house” means a dwelling unit that is part of a row of two or more attached units, where each dwelling unit is located on its own lot and shares a common side wall or walls with the adjacent units.
“Dwelling, triplex” means three dwelling units on a lot or parcel in any configuration (attached or detached, stacked or side-by-side).
“Dwelling unit” means one or more habitable rooms occupied or intended or designed to be occupied by one or more people and having facilities for living, sleeping, cooking and eating; such definition shall not include a hotel, motel, boarding house, campground or mobile home.
“Easement” means a right of usage of real property granted by an owner to the public or to specific persons, firms, or corporations.
“Educational institution” means a college or university supported by public funds, tuitions, contributions or endowments and giving general academic instruction, excluding elementary and high schools and trade or commercial schools.
“Family daycare” means a facility that cares for not more than 16 children in a home. See ORS 657A.440(4) for applicable licensing and other requirements.
“Flag lot” means a lot or parcel that has access to a road, street, or easement by means of a narrow strip of land or easement. Flag lot standards are in MCC 17.25.060(6).
“Food cart” means a mobile vehicle, such as a food truck, trailer, or cart, from which service of food and/or beverages is provided to walk-up customers.
“Food cart pod” means a site containing one or more food carts and associated amenities on private property.
“Foster home” means a home operated in a family-type setting for persons who are in need of housing, food, care and/or services, 18 years of age or younger.
“Fraternity, sorority, student home” means a residential building in which living accommodations are furnished to the students of an educational institution.
“Frontage” means the distance along which a lot or parcel abuts a street as defined in this title.
“Garage, private” means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles for the residents, tenants, employees, or owners of the building, and in which no business, occupation, or commercial service is conducted.
“Garage, public” means a building, other than a private garage or repair garage, used for the parking, storage and incidental repair of motor vehicles for compensation, hire or sale.
“Garage, repair” means a building in which automobiles or other motor vehicles are repaired or modified for compensation.
“Grade (ground level)” means the lowest elevation of the finished surface of the ground between the exterior wall of building and a point five feet distant from said wall; or the lowest elevation of the finished surface of the ground between the exterior wall of a building and the property line if such line is less than five feet distant from the wall. In the case that walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
“Height of building” means the vertical distance from the grade 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 pitch or hip roof.
“Heliport” means an area used or intended for landing or take-off of helicopters or other vertical take-off and land aircraft capable of hovering and which includes all of the area or buildings, which are accessory to these functions.
Home Occupation. A “home occupation” is any commercial activity or business conducted in a residential zone by the resident(s) of the dwelling, which is incidental and subordinate to the residential use of the property. Home occupations may be permitted only in accordance with the provisions and requirements of this title and may not be the primary land use on any lot or parcel in any residential zone.
“Homes for the aged and infirm” means any dwelling or other residential institution that maintains facilities for rendering board and care for compensation to three or more aged persons not related to the operator by blood or marriage. An “aged person” is a person having an age of 65 years or more, or a person of less than 65 years who by reason of infirmity requires domiciliary care.
“Hospital” means an institution devoted primarily to the rendering of healing, curing, and nursing care; and which maintains and operates facilities for the diagnosis, treatment, or care of two or more nonrelated individuals suffering from illness, injury, or deformity; or where obstetrical or other healing or nursing care is rendered over a period exceeding 24 hours.
“Hospital, veterinary” means a building or premises for the medical or surgical treatment of domestic animals or pets.
“Hotel” or “lodging house” means a building or portion of a building containing rooms customarily occupied by travelers as temporary quarters and for which compensation is paid and which are not residences.
“Incident solar radiation” means solar energy falling upon a given surface area.
“Interested party” means the owner of the property to be subdivided or partitioned, or a proponent or opponent who is specially, personally, or adversely affected by the application.
Junk Yard. Same as “Automobile wrecking yard.”
“Kennel” means any lot or premises on which four or more dogs, cats, or other pets over the age of four months are kept for sale, lease, boarding, breeding, hunting or racing.
“Land division” means the creation of a lot or parcel of land through the subdivision or partition process.
“Land use action” means a quasi-judicial decision rendered by the Planning Commission or City Council on a request for a variance, conditional use, manufactured dwelling park, or planned unit development.
“Landscape” means to change the natural features of a site so as to make it more attractive, by adding trees, shrubs, ground cover, and other plants or built features such as paths, fountains and pools.
“Line, front building” means a horizontal line parallel to the front lot line and passing through that part of the main building’s foundation, which is closest to the front lot line. In the case of a lot, which has no improvements upon it, the front building line shall be considered to be a line located halfway between the front and rear lot lines and parallel to the front lot line.
“Liquid waste” means waste oils, septic tank pumpings, industrial wastes, or other similar liquids.
“Loading space” means an off-street space or berth for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such a space shall be on the same lot as the building or group of buildings that it serves and shall abut upon a street, alley, or appropriate means of access.
“Lot” means a unit of land created by a subdivision of land.
“Lot area” means the total area measured on a horizontal plane within the lines of a lot.
“Lot, corner” means a lot situated at the intersection of two or more streets.
“Lot coverage” means the percentage of a lot or parcel covered by buildings and structures (as defined by the foundation plan area) at 36 inches or greater above the finished grade. It does not include paved surface level developments such as driveways, parking pads, and patios that do not meet the minimum elevation of 36 inches above grade.
“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured in the mean direction of the side lot lines.
“Lot, double frontage” means a lot which has frontage on two streets but which is not a corner lot.
“Lot, exterior townhouse or row house” means a lot for a townhouse or row house dwelling with a similar townhouse or row house attached on only one side.
“Lot, interior” means any lot other than a corner lot.
“Lot, interior townhouse or row house” means a lot for a townhouse or row house dwelling with a similar townhouse or row house attached on each side.
“Lot line” means the lines bounding a lot as defined herein.
“Lot line adjustment” means an adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with all requirements of this title.
“Lot line, front” means in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot or double frontage lot, the line separating the lot from the street on which the improvements or contemplated improvement will face, or if that is not applicable, the line adjoining the street from which the property will take its access, or, if neither of the preceding is applicable, the line having the shorter street frontage.
“Lot line, rear” means a lot line, which is opposite and most distant from the front lot line. In the case of a triangular lot, the rear lot line for building purposes shall be assumed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
“Lot line, side” means any lot line, which is not a front or rear lot line.
“Lot of record” means a lot which is part of an approved, recorded subdivision, or a lot or parcel described by legal description or by metes and bounds and which has been recorded in the office of the County Clerk.
Lot, Through. Same as “Double-frontage lot.”
“Lot width” means the distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
“Main building” means a structure housing the primary land use that occurs on a lot or parcel. There may be several main buildings on a single lot or parcel. See “Accessory building.”
“Major partition” means a partition, as defined by this title, which includes the creation of a road or street.
“Manufactured dwelling” means:
(a) Manufactured home, as defined by this title.
(b) Mobile home, as defined by this title.
(c) Residential trailer, as defined by this title.
(d) Prefabricated structure, as defined by this title.
Manufactured Dwelling Park. A “manufactured dwelling park” is a privately owned property where four or more manufactured dwellings, used as residences, are within 500 feet of one another on the same 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 lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the City as a subdivision.
Manufactured Home. A “manufactured home” is a structure constructed for movement on the public highways, which 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 standard regulations in effect at the time of the construction.
“Map” means a final diagram drawing or other writing concerning a major partition.
“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in ORS 571.300.
“Marijuana waste” means the unwanted part or parts of a marijuana plant including but not limited to trimmings, shake, stems, remnants, by-products or any other vegetative elements of a marijuana plant that a generator wishes to dispose of. Marijuana waste, for the purposes of this code, does not include part or parts of a marijuana plant that have been treated or contaminated with solvents, or other chemicals that would be considered household hazardous waste or hazardous waste.
“Minor partition” means a partition, as defined by this title, which does not include the creation of a road or street.
“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.
“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 Uniform Building Code (UBC).
“Motel (auto court, tourist court)” means a series of attached, semi-detached, or detached units customarily occupied by travelers as temporary quarters and for which compensation is paid. Such units shall have an entrance directly from the outside into the building and shall not be used as residences.
“Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.
“Nonconforming development or use” means a development or use lawfully existing at the time this title became applicable to the development by being in compliance with the standards applicable to it at the time it came into existence, but that would not be lawful except for its preexistence.
“Nonconforming lot of record” means a lot, which is lawfully created in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance or amendments no longer conforms to the requirements for the zone in which it is located.
Notification Area. As applied to a request for a land use action, the “notification area” shall be deemed to include the area bounded by lines 250 feet from and parallel to the boundaries of the property that is the subject of the request. The notification area also includes the property that is the subject of the request. In those cases where the subject property is adjoined by property under the same ownership, the notification area shall be measured from the outermost property line of all the contiguous properties under that ownership.
“Nursing home (convalescent home, rest home)” means any home, place or institution which operates and maintains facilities providing convalescent or nursing care or both for a period exceeding 24 hours for two or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent care may include but need not be limited to the procedures commonly employed in nursing and caring for the sick. A nursing home includes rest homes and convalescent homes, but does not include a boarding home for the aged, a retirement home, hotel, hospital, or a chiropractic facility licensed according to Oregon Revised Statutes. A nursing home must be licensed according to the Oregon Revised Statutes.
“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 property according to the terms of a recorded contract.
“Parcel” means a single unit of land that is created by a partitioning of land.
“Parking area, private” means an open area other than a street or alley used for the parking of the automobiles of residents, occupants, or a guest of a building.
“Parking area, public” means an open area other than a private parking area, street, or alley used for the parking of automobiles and available for use by the public or by persons patronizing a particular building or establishment.
“Parking space, automobile” means an area within a private or public area, building, or structure for the parking of one automobile.
“Partition land” means to divide an area or tract of land into two or three parcels when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.
“Partition land” does not include:
(a) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
(b) An adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance;
(c) The division of land resulting from the recording of a subdivision or condominium plat;
(d) A sale or grant by a person to a public agency or public body for State highway, County road, City street or other right-of-way purposes; provided, that such road or right-of-way complies with the applicable comprehensive plan. However, any property divided by the sale or grant of property for State highway, County road, City street or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or
(e) A sale or grant 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.
“Partition plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
“Person” means a natural person or his heirs, executors, administrators, or assigns; or a firm, partnership, or corporation, or its successors or assigns; or the agent of any of the aforesaid; or any political subdivision, agency, board, or bureau of government.
“Plan amendment” means a change of the plan designation of a property, as shown on the Comprehensive Plan Map.
“Plan designation” means the designation of a property as shown on the Comprehensive Plan Map.
“Planned unit development” means a complex of residential and/or commercial structures designed and developed as a single development unit, built by a single owner or group of owners and maintained by an association. Conversion of existing multiple dwelling unit structures or condominiums shall constitute a planned unit development. The phrase “planned unit development” may be abbreviated “PUD.”
“Planning Commission” means the Planning Commission of the City of Monmouth, Oregon.
Plat. See “Partition plat” and “Subdivision plat.”
“Prefabricated structure” means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on site.
Property Line. Same as “Lot line.”
“Ramada” means a stationary structure having a roof extending over a mobile home or trailer, which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain.
“Recreational marijuana processing facility” means a building or structure used in whole or in part for processing recreational marijuana as defined in ORS 475B.015(26), as the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, and which is licensed by the Oregon Liquor Control Commission. Processing does not include packaging or labeling.
“Recreational marijuana production facility” means a building or structure used in whole or in part for producing recreational marijuana as defined in ORS 475B.015(25), as the manufacture, planting, cultivation, growing or harvesting of marijuana, and which is licensed by the Oregon Liquor Control Commission. Producing does not include drying or cultivation of immature plants received from a producer, or the cultivation and growing of an immature marijuana plant by a processor, wholesaler, or retailer if that party purchased or otherwise received the plant from a licensed producer.
“Recreational marijuana retail facility” means a building or structure used in whole or in part for retail sales to a consumer of marijuana, cannabinoid products, and miscellaneous items, and which is licensed by the Oregon Liquor Control Commission.
“Recreational marijuana testing laboratory” means a building or structure used in whole or in part for testing of marijuana items, and which is licensed by the Oregon Liquor Control Commission.
“Recreational marijuana wholesale sales facility” means a building or structure used in whole or in part for wholesale sales of marijuana, cannabinoid products, and miscellaneous items to a person other than a consumer, and which is licensed by the Oregon Liquor Control Commission.
“Recreational vehicle” means any vehicle, with or without motive power, which is designed and constructed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes. Such definition shall include pickup campers, motor homes, camper trailers, and similar vehicles regardless of whether they are self-propelled, carried or towed.
“Recreational vehicle park” means a plot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.
“Refuse” means any putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings, and industrial waste (including waste disposal from industrial salvage).
“Regulated affordable housing” means residential property: (a) in which each unit on the property is affordable to own or rent to families with incomes of 80 percent of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development; (b) in which the average of all units on the property is affordable to families with incomes of 60 percent of the area median income; and (c) whose affordability is enforceable, including as described in ORS 456.270 to 456.295, for a duration of no less than 60 years.
“Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance or improvement. The word “repair” or “repairs” shall not include any structural alteration.
“Reserve strip” means a strip of land usually one foot in width, reserved across the end of a street or alley terminating at the boundary of a subdivision, or a strip of land between a dedicated street of less than full width and adjacent acreage, in either case reserved or held for future street extension or widening.
“Residence” means any dwelling unit, apartment, building, mobile home, or other structure in which residential activities are conducted and which is occupied by one person, family, or group of persons for a period exceeding 30 days within any 12-month period.
“Residential” means that which pertains to the activities normally conducted within a residence (i.e., living, sleeping, cooking, and eating).
“Residential facility” means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, licensed or registered under ORS 443.400 to 443.460 or licensed under ORS 418.205 to 418.327 by the Department of Human Services, 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 flat” means a residential dwelling unit situated on a second floor or higher above permitted nonresidential uses.
“Residential home” means a residential treatment or training or an 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, 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 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.
Rest Home. Same as “Nursing home.”
“Restaurant (cafe)” means an establishment where prepared food is served to the public for consumption within the building or to take out to some other location.
“Right-of-way (R.O.W.), public” means a defined area of land dedicated to the public so that it may be used or passed across by the public.
“Road” or “street” means a public or private way that is created to provide ingress or egress to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. The term “street” shall include such designations as highway, thoroughfares, parkway, throughway, road, avenue, boulevard, lane, court, place or other such terms.
(a) “Arterial” means a major facility for moving large volumes of inter-area traffic, primarily carrying through traffic.
(b) “Collector street” means a facility that allows intra-area traffic to connect to the arterial system. It supplies abutting property with the same degree of land service as a local street but is given priority over local streets in any traffic control installation.
(c) Local Street. It serves primarily to provide direct access to abutting land and offers the lowest level of traffic mobility. Through traffic movement is deliberately discouraged.
(d) “Cul-de-sac” means a short, dead-end street with vehicular turnaround at the dead-end.
(e) “Dead-end street” means an arterial, collector, local or cul-de-sac street which will be completed or extended and with no turnaround at the present dead-end.
(f) “Marginal access street (frontage road)” means a minor street parallel and adjacent to an arterial or collector street providing access to abutting properties but protected from through traffic.
“Rooming house” means a dwelling or portion thereof where sleeping rooms are provided, where no meals are provided, and where lodging for three or more persons is provided for compensation. An establishment having more than five sleeping rooms shall be considered a hotel.
“School (elementary, middle school, or high)” means an institution, public, private or parochial, offering instruction in several branches of learning in accordance with the rules and regulations of the State Department of Education.
“School, trade or commercial” means a school in which instruction is given to pupils for a fee in money, and which is not a public school, and which specializes in the teaching of a particular skill, trade or profession.
“Service station” means a premises used for the retail sale of gasoline, oil, and minor automobile accessories, and for the routine service, minor repair, and maintenance of automobiles.
Service Utility. Whenever the term “service utilities” or “service utility” is used it shall mean and include public street lighting and water mains and facilities for fire protection and the following utilities for residential service: water, sanitary sewer, electricity, gas, telephone, wireless communication services and television cable service.
“Setback” means the distance between a building (or other feature of development) and a property line. Minimum and maximum setbacks may be required for front, rear, and side yards.
“Shared parking” means any parking spaces intended for use by more than one use, where persons occupying the spaces are unlikely to need the spaces at the same time of day.
“Short term rental” means a dwelling unit, or part of a dwelling unit, that is rented, available for rent, or advertised or listed as available for rent as transient lodging, within the meaning of MCC 5.50.010.
“Short term rental, hosted” means a short term rental where one or more members of the resident family over the age of 18 are present within the dwelling unit during the short term rental stay.
“Short term rental, not hosted” means a short term rental where no member of the resident family over the age of 18 is present within the dwelling unit during the short term rental stay.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the next floor 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 and level directly above a basement or unused under-floor 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 basement or unused under-floor space shall be considered a story.
“Structure” means that which is built or constructed; an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, regardless of whether it is wholly or partly above or below grade.
“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
“Subdivider” means any person who proposes a land division.
“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided as defined by this title.
“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision prepared as specified by ORS Chapter 92.
“Subject property” means the lot or parcel that is the subject of a request for a land use action as defined in this title.
“Tentative plat” means a preliminary map of a partition or subdivision.
Tourist Court. Same as “Motel.”
Trailer (Travel or Vacation). Same as “Recreational vehicle.”
“Use” means the purpose for which land or a structure is arranged, designed or intended, or for which land or a structure is used.
“Utilities” means water, gas, sewer, electrical, telephone and wire communication service, and all persons and companies supplying the same.
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term is defined more specifically by the Federal Clean Water Act (Section 404) and Oregon Administrative Rules (OAR 141-85-500).
“Wireless communication facility (WCF)” means an unstaffed facility for the transmission and/or reception of radio or microwave signals used for communications, usually consisting of an equipment shelter or other enclosure containing electronic equipment, a support structure, antenna or other transmission and/or reception devices or an antenna attached to an existing structure.
“Yard” means the area defined by setbacks (i.e., between the setback line and respective property line).
“Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum distance between the front lot line and a line parallel thereto at the nearest point of the foundation of the main building.
“Yard, landscaped” means an open area devoted primarily to the planting and maintaining of trees, grass, shrubs, and plants together with sufficient permanent irrigation equipment to maintain properly all vegetation. As complementary features, fountains, pools, screens, decorative lighting, lighting, sculpture, and outdoor furnishings may be placed within said area.
“Yard, rear” means a yard extending across the full width of the lot between the nearest main building and the rear lot line. The required rear yard depth shall be measured horizontally from the nearest point of the rear lot line, or, if the rear lot line adjoins an alley, then from the center line of the alley, toward the nearest part of the foundation of the building.
“Yard, side” means a yard between the main building and the side lot line extending from the front yard or front lot line to the rear yard; the required side yard depth shall be measured from the nearest point of the side lot line toward the nearest part of the foundation of the main building.
“Zone change” means a change of the zoning of one or more properties as shown on the zoning map adopted by the City of Monmouth. (Amended by Ord. 1260, January 3, 2008; Ord. 1267, November 4, 2008; Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1372, § 1 (Exh. A), February 7, 2017; Ord. 1387, § 1 (Exh. A), November 19, 2019; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.905.)