Chapter 15.05
GENERAL PROVISIONS
Sections:
15.05.040 Scope and compliance.
15.05.050 Interpretation, conflict and separability.
15.05.110 Adoption of zoning map.
15.05.010 Title.
This title shall be known as the Newberg development code. [Ord. 2451, 12-2-96. Code 2001 § 151.001.]
15.05.020 Purpose.
A. The purpose of this code is to coordinate city regulations governing the development and use of land and to implement the Newberg comprehensive plan.
B. The Newberg development code constitutes the development and land use regulations for the incorporated area of the city. These regulations are adopted to protect and promote the public health, safety, and general welfare, and to provide the economic and social advantages which result from an orderly, planned use of land resources. Such regulations are designed to achieve the following objectives:
1. To implement the comprehensive plan for the city.
2. To advance the position of the city as a regional center of commerce, industry, recreation and culture.
3. To provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities, with adequate provision for sunlight, fresh air and usable open spaces.
4. To protect residential, commercial, industrial and civic areas from the intrusions of incompatible uses, and to provide opportunities for compatible uses to concentrate for efficient operation in mutually beneficial relationship to each other and to shared services.
5. To ensure preservation of adequate space for commercial, industrial, agricultural, and other activities necessary for a healthy economy.
6. To promote safe, fast and efficient movement of people and goods without sacrificing the quality of the city’s environment, minimize street congestion, and to provide for adequate off-street parking.
7. To achieve excellence and originality of design in all future developments and preserve the natural beauty of the city’s setting.
8. To stabilize expectations regarding future development, thereby providing a basis for wise decisions with respect to such development.
9. To preserve and enhance the quality of the city’s environment.
10. To secure safety from fire, flood, geological hazards, pollution and other dangers.
11. To provide adequate light and air, and to facilitate adequate provisions for transportation, water supply, wastewater disposal, drainage, education, recreation and other services and facilities. [Ord. 2451, 12-2-96. Code 2001 § 151.002.]
15.05.030 Definitions.
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Abut” means contiguous to; for example, two lots with a common property line.
“Access” means the place, means or way by which pedestrians or vehicles shall have safe, adequate and usable ingress and egress to a property, use or parking space.
“Accessory building” means any detached subordinate building the use of which is incidental, appropriate, and subordinate to that of the main building and separated from the main building by at least five feet. Buildings less than five feet from the main building shall be considered to be attached to the main building.
“Accessory structure, exempt” means a structure for which a permit is not required by the applicable building code, and which may or may not be subject to standards of this code. Until amended, this includes, but is not limited to, the following structures accessory to single-family and two-family dwellings:
1. Nonhabitable one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet and a height of 10 feet measured from the finished floor level to the average height of the roof surface.
2. Prefabricated swimming pools where the pool walls are entirely above grade, excluding barriers subject to building permit requirements.
3. Swings and other playground equipment.
4. Patio and porch covers not over 200 square feet and supported by an exterior building wall.
5. Porches and decks, where the floor or deck is not more than 30 inches above adjacent grade at any point and where in the case of a covered porch, the covered portion of the porch does not come closer than three feet to property lines.
6. Frame-covered nonhabitable accessory buildings not more than 500 square feet in area, one story in height and not closer than three feet to a property line, where the structure is composed of a rigid framework that supports a fabric membrane.
“Accessory use” means a use incidental and accessory to the primary use of the lot or a building located on the same lot.
“Accessway” means a drive or roadway which provides vehicular access within a development other than a street.
“Adjoin” means to be contiguous to a property boundary at a property line or property corner, or contiguous to a property line or corner as extended across an abutting right-of-way for an alley, street, or public walkway.
“Adjustment” means a limited adjustment to provisions of this code dealing with setbacks, spacing of trees, lot area, coverage, lot dimensions, parking and vision clearance (see also “variance”).
“Affected party, Type I application” means the person or party submitting the application.
“Affected party, Type II application” means the applicant, any party entitled to receive notice of the decision, anyone providing written comments within 14 days of the date of the notice, or anyone providing written comments prior to the decision.
“Affected party, Type III application” means the applicant, any party entitled to receive notice of the hearing, anyone providing written or oral comments at the hearing, anyone providing written comments prior to the close of the hearing, or any planning commissioner or city council member.
“Airport” means a facility, either on land or on water, where aircraft can take off and land, typically including hard-surfaced landing strips, a control tower, hangars, and accommodations for passengers and cargo.
“Airport hazard” means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.
“Airport imaginary surfaces” means those imaginary areas in space defined below. Any object extending above these imaginary surfaces is an obstruction. The imaginary areas in space are defined by:
1. Airport Approach Safety Zone. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface except as noted on Airport Overlay Map A (see Appendix B, Map 2). The inner edge of the approach surface is the same width as the primary surface and extends to a width of 1,250 feet for a utility runway having only visual approaches, and 1,500 feet for a runway other than a utility runway having only visual approaches. The airport approach surface extends for a horizontal distance of 3,000 feet at a slope of 20 feet outward for each foot upward (20:1) for all utility and visual runways.
2. Displaced Threshold Approach Surface Zone. The imaginary surface depicted on the Displaced Threshold Approach Surface Map (see Appendix B, Map 3). In the plan view, the centerline of this surface extends 3,000 feet along the extended runway centerline. This surface extends upward at a slope of 20 feet outward for each foot upward (20:1). This surface extends laterally 125 feet on each side of the centerline at the threshold and increases in width to 350 feet at a point 2,250 feet from the threshold; thereafter, it extends laterally 350 feet on each side of the centerline. The displaced threshold approach surface extends to the north and begins at the displaced threshold, 360 feet south of the end of the runway as it existed on July 9, 1990.
3. Transitional Zones. A zone extending seven feet outward for each one foot upward (7:1) beginning on each side of the primary surface which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (horizontal surface).
4. Horizontal Zone. A horizontal plane 150 feet above the established airport elevation the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the primary surface of each visual or utility runway and connecting the adjacent arcs by lines tangent to those arcs.
5. Conical Surface. Surface extending 20 feet outward for each one foot upward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the primary surface of each visual and utility runway at 150 feet above the airport elevation) and upward extending to a height of 350 feet above the airport elevation.
“Alley” means a public way not over 30 feet wide providing a secondary means of access for vehicular or service access to properties otherwise abutting on a street, except as otherwise allowed.
“Alter” or “alteration” means:
1. A change, addition or modification in construction or occupancy of a building or structure.
2. The addition to, removal of or from, or physical modifications or repair of any exterior part or portion of a landmark designated by the city; excluding, however, routine maintenance, painting, minor alterations subject to administrative review, and nondesignated vegetative features. Signs and fences which are not specifically excluded shall be considered a form of alteration and shall be treated as such.
“Amateur (“ham”) radio” means radio facilities operated for noncommercial purposes by licensed individuals interested in the construction and operation of radio equipment, usually as a hobby or avocation. For purposes of this code, “amateur (“ham”) radio” shall include, but not be limited to, radio facilities that are licensed in accordance with civil air patrol regulations or other similar organizations. The FCC definition is “a radio communication service established by the federal government for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without a pecuniary interest.”
“Amendment” means a change in the wording, context or substance of this code, or a change in the zone boundaries or area boundaries upon the zoning map.
“Antenna” means the surface from which telecommunication signals are sent and received by a personal wireless service facility.
“Antenna support structure” means a tower, pole, mast or other structure deemed to be a structure under the current edition of the Oregon Structural Specialty Code that is intended to support a source of RF energy and accessory equipment.
Applicability of Zoning Regulations. The zoning regulations are not intended to abrogate, annul, or impair any easement, covenant or other agreement between private parties, except that where the zoning regulations impose a greater restriction or higher standard than that required by such agreement, the zoning regulations shall control.
“Applicant” means the owner or the authorized agent acting on behalf of the owner.
“Area of shallow flooding” means areas designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on flood maps always includes the letter A or V.
“Arterial” means a street so designated in the Newberg transportation system plan. Arterials are intended to expedite the movement of traffic to and from major trip generators and between communities and to collect and distribute traffic from expressways to collector streets, or directly to traffic generators. Arterials are of two types:
1. Major Arterial. An arterial typically with or planned to have more than one travel lane in each travel direction.
2. Minor Arterial. An arterial typically with or planned to have one travel lane in each travel direction (see Appendix A, Figure 21).
“Assisted living facility” means a building, complex, or distinct part thereof, licensed as such by the State of Oregon, consisting of fully self-contained, individual living units where six or more seniors and adult individuals with disabilities may reside in homelike surroundings. The assisted living facility offers and coordinates a range of supportive services available on a 24-hour basis to meet the activities of daily living, health, and social needs of the residents. Assisted living facilities are considered a type of multifamily dwelling.
Automobile Sales. See “motor vehicle, manufactured dwelling, and recreational vehicles sales area.”
“Avigation easement” means a property right acquired from a land owner that grants the right-of-flight; the right to cause noise, etc., related to aircraft flight; the right to restrict or prohibit certain lights and electromagnetic signals; the right to unobstructed airspace over the property above a specified height.
“Awning” means any stationary structure, permanent or demountable, used in conjunction with the mobile home or trailer, other than a window awning for the purpose of providing shelter from the sun and rain, and having a roof with supports and not more than one wall or storage cabinet substituting for a wall.
“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 flood maps always includes the letter A or V.
“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but is so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (see Appendix A, Figure 1).
“Basic utilities” means utilities that serve the needs of land uses in the immediate vicinity including wastewater and water lines, wastewater or water pump stations, water reservoirs, storm drains, stormwater retention or detention facilities, electric service substations, natural gas transmission lines, electric, telephone, and cable lines, and solar panels.
“Bed and breakfast establishment” means a structure designed as a single-family dwelling and occupied by an on-site manager in which sleeping units are provided for periods of less than 30 days for use by travelers or transients for a charge or fee paid or to be paid for the rental or use of the facility.
“Below-flood grade crawl space” means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.
“Bicycle storage space” means a space for one standard bicycle within an adequately lighted, secure bicycle rack, placed in a covered and paved area.
“Bikeway” means any road, path or way that is in some manner specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. The five types of bikeways are:
1. Multi-Use Path. A paved way (typically 10 to 12 feet wide) that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users.
2. Bike Lane. A portion of the street (typically four to six feet wide) that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
3. Shoulder Bikeway. The paved shoulder of a street that does not have curbs or sidewalks, that is four feet or wider and is typically shared with pedestrians.
4. Shared Roadway. A travel lane that is shared by bicyclists and motor vehicles.
5. Multi-Use Trail. An unpaved path that accommodates all-terrain bicycles; typically shared with pedestrians.
“Block” means a tract of land bounded by public or private street rights-of-way or public walkways.
“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 and/or rooming house” means a building where lodging, with or without meals, is provided for compensation, but shall not include homes for the aged, nursing homes or group care homes.
“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
“Building” means a structure built and maintained for the support, shelter or enclosure of persons, motor vehicles, animals, chattels, or personal or real property of any kind. The word “building” shall include the word “structure.”
“Building face” means an exterior wall of a building that generally faces one direction and that is visible from the public right-of-way. A building face is broken by a change in building direction of 60 degrees or more, except for minor extensions or indentations that are shorter than 50 percent of the building frontage (see Appendix A, Figure 15).
“Building frontage” means the longest horizontal distance between lines perpendicular to a building face (see Appendix A, Figure 15).
“Building height” 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. See Appendix A, Figures 23 and 24.
“Building line, front” means a line extending parallel with and abutting the front of the closest building to a front lot line.
“Building lines” means the lines dedicated on the subdivision plat or otherwise described, delineating the area upon which structures may be erected.
“Building, main” means a building within which is conducted the principal use permitted on the lot, as provided by this code.
“Building official” means the chief of the building division or designee. The building official is subordinate to the director.
“Cabana” means a stationary lightweight structure which may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with a mobile home or trailer, to provide additional living space meant to be moved with a mobile home or a trailer.
“Camouflaged” means a telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure such that its presence is not readily discernable as a telecommunications facility.
“Campus living organization (fraternity, sorority or dormitory)” means a living organization having six or more unrelated persons sharing a common kitchen, but providing facilities for student housekeeping, which has received official sanction from an institution of higher learning or hospital.
Caretaker Dwelling. See “dwelling, caretaker.”
“Carport” means a stationary structure consisting of a roof with supports, where 50 percent or more of its perimeter is open on its sides, and used for sheltering a motor vehicle, boat, trailer, RV, or similar item.
“Carrier” means a company that provides wireless service.
“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling (see Appendix A, Figure 2).
“Cemetery” means a place:
1. Dedicated to and used, or intended to be used, for a permanent memorial or the permanent interment of human remains; and
2. That may contain a mausoleum, crypt or vault interment, a columbarium, an ossuary, a cenotaph, a scattering garden, any other structure or place used or intended to be used for the interment or disposition of human remains or any combination of these structures or places.
“Citizen band (CB) radio” means two-way radio facilities operated for short-range personal and business communication at low power levels (15 W PEP TPO maximum) in the 27 megahertz (11 meter) band, without necessity of federal license, pursuant to 47 CFR Part 95.
“City” means the incorporated territory of the City of Newberg, Oregon.
“City coordinate system” means a system of monuments located at street intersections and various other points that are tied to the point of beginning at the centerline intersection of Main Street and First Street in the city. Said point of beginning is given a value of N 20,000 (feet) and E 40,000 (feet) with north-south based on the grid system.
“City council” means the city council of the City of Newberg, composed of an elected body of officials responsible for overseeing the management of the city.
“Clear area” means a land area required to be clear of obstructions per FAA regulations for airports and airspace.
“Clinic, small animal” means a business establishment in which veterinary services are rendered to small domestic pets on an outpatient basis with no overnight boarding allowed.
“Code” means the Newberg development code, primarily including ordinances regulating zoning and subdivisions.
“Collector” means a street so designated in the Newberg transportation system plan. Collectors are intended to channel traffic from local streets or other collectors to the arterial street system. They can also provide access to abutting properties. Collectors are of two types:
1. Major Collector. A collector that is intended to serve through traffic and that typically has sufficient traffic volume to warrant striped bike lanes.
2. Minor Collector. A collector that is not intended to serve through traffic and that typically does not have sufficient traffic volume to warrant striped bike lanes (see Appendix A, Figure 22).
“College category” means a category of uses under Chapter 15.303 NMC that includes public and private schools that provide postsecondary education primarily for adults, usually working toward a degree or certificate.
“Co-location” means the use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier. Each service on a co-location is a separate personal wireless service facility, so that a “tri-location” is comprised of three personal wireless service facilities. A carrier may own all three services, but since the services are different, the facility is generally called a “co-location” and has three distinct personal wireless service facilities.
“Commercial educational services category” means a category of uses under Chapter 15.303 NMC that includes educational services conducted in an office or studio setting and generally focusing on serving students with supplemental education, enrichment, and/or tutoring, where a fee is usually charged for services.
“Commercial recreation – indoor category” means a category of uses under Chapter 15.303 NMC that provide entertainment, recreation, and fitness activities for spectators or participants, within buildings. Fees usually are charged for admission or participation.
“Commercial recreation – motor-vehicle-related category” means a category of uses under Chapter 15.303 NMC that provide entertainment or recreation with motorized vehicles for spectators and/or participants.
“Commercial recreation – outdoor category” means a category of uses under Chapter 15.303 NMC that provide entertainment, recreation, and fitness activities for spectators or participants outdoors. Fees usually are charged for admission or participation.
“Commercial services category” means a category of uses under Chapter 15.303 NMC that provide services to the general public for compensation. Customers typically come to the site to receive the service. Items that are brought in and serviced are predominantly small, hand carried items. Outdoor storage of materials on site is limited to small (under 400 square feet), fenced and screened areas. The establishments use passenger or light duty vehicles at the site; larger vehicles rarely visit the site. Operators may include government or nonprofit organizations.
“Commercial vehicle services category” means a category of uses under Chapter 15.303 NMC that repair and service passenger vehicles, light duty vehicles and recreational vehicles for the general public. This includes fueling and washing services.
“Commission” means the planning commission of the city.
“Community center” means a publicly owned and/or publicly operated facility that serves the community at large and provides a venue for cultural events, entertainment, athletic, social, recreational, governmental and/or multipurpose uses. Uses may include, but are not limited to, commercial kitchens, classrooms, events involving social or fraternal gatherings, exercise areas, gymnasiums, meeting rooms, multipurpose rooms, office spaces, public and nonprofit social service organizations, spectator sports, swimming pools, and areas for public display, such as a museum, auditorium, theater and/or stage.
“Community services category” means a category of uses under Chapter 15.303 NMC that are of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.
“Comprehensive plan” means the master plan or development plan adopted by the city council for the guidance of physical, economic and social growth and improvement of the city.
“Concept master site development plan” means a master development plan for an institution or other large development which describes anticipated development over time in general terms, in lieu of detailed descriptions of each proposed phase of development. Such a concept plan can contain generic site development and design elements with which all future development will comply including but not limited to general architectural standards and materials, landscaping standards and materials, on-site vehicular and pedestrian circulation, institutional sign program, and/or baseline traffic and parking studies and improvement programs.
“Conditional use permit” means a discretionary permit for a use requiring special consideration due to items such as the size of area affected, the nature of the use, the creation of potential traffic problems, or the effect on adjoining land uses.
“Continuing care retirement community” means a facility which includes administrative offices, medical offices, ancillary services, independent living units, residential care facilities, assisted living facilities, adult foster care, and nursing and long-term care.
“Cottage cluster” means a grouping of no fewer than four detached dwelling units per acre, each with a footprint of less than 900 square feet, located on a single lot or parcel that includes a common courtyard. Cottage cluster may also be known as “cluster housing,” “cottage housing,” “bungalow court,” “cottage court,” or “pocket neighborhood.”
“Cottage cluster project” means a development site with one or more cottage clusters. Each cottage cluster as a part of a cottage cluster project must have its own common courtyard.
Coverage. See “lot coverage.”
“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
“Cross-polarized (or dual-polarized) antenna” means a low mount that has three panels flush-mounted or attached very close to the shaft.
“Cul-de-sac” means a dead-end street intended for local traffic that typically terminates with a bulb or other vehicle turnaround.
“Curb line” means the line indicating the edge of the vehicular roadway within the overall right-of-way on improved streets.
“Data center” means a facility used to house computer systems and associated components, such as telecommunications and storage systems. Data centers are in the warehouse, storage, and distribution use category.
“Day care category” means a use category under Chapter 15.303 NMC that includes the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation. It also may include care or supervision of an adult during part of the 24 hours of the day where lodging is not provided.
“Density, gross” means density calculated including all buildable and unbuildable land such as streets, streams, slopes, open space, easements, and other rights-of-way. Generally expressed in units per gross acre.
“Density, net” means density calculated excluding nonbuildable land, such as streets, streams, slopes, open space, easements, and other rights-of-way. Generally expressed in units per net acre.
“Designated city official” means the city manager or any officer or employee designated by the city manager to perform duties outlined in this code.
“Development permit” means any land use or construction permit which is required by this code.
“Development plan” means any plan adopted by the planning commission or city council for the guidance of growth or improvement of the city.
“Development site” means:
1. A lot of record existing on the effective date of the ordinance codified in this code; or
2. A tract of land either unsubdivided or consisting of two or more contiguous lots of record, located within a single block which, on the effective date of the ordinance codified in this code, was in a single ownership; or
3. A tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single ownership. A development site may or may not coincide with a lot as shown on the recorded subdivision plat or deed.
4. For the purpose of this definition, ownership of a development site is deemed to include a lease of not less than 50 years’ duration, with an option to renew such lease so as to provide a total lease of not less than 75 years’ duration.
5. A development site may be subdivided into two or more development sites; provided, that all resulting development sites and all buildings on the sites shall comply with all the applicable provisions of this code. If such development site, however, is occupied by a nonconforming structure, such development site may be subdivided, provided such subdivision does not create a new noncompliance or increase the degree of noncompliance of such structure.
“Director” means the Newberg community development director or designee.
“DLCD” means the Oregon Department of Land Conservation and Development.
“Dormitory” means a living organization housing six or more unrelated people who share a common kitchen either on the site or elsewhere.
“Drainage land” means land required for drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein, to safeguard the public against flood damage or the accumulation of surface water.
“Driveway” means an area that provides vehicular access to a site, except for public streets. A driveway begins at the property line and extends into the site. “Driveways” include parking, maneuvering, or circulation areas in parking lots and parking spaces. See also “private drive,” “service drive” and Appendix A, Figure 12.
“Driveway approach” means an area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from a roadway of a public street to private property (see Appendix A, Figure 12).
Duplex. See “dwelling, duplex.”
“Dwelling” means a building or portion of a building which is occupied in whole or in part as a home, residence, or sleeping place, either permanently or temporarily by one or more families, but excluding hotels, motels and tourist courts.
“Dwelling, accessory” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling. A lot or parcel developed with a single-family dwelling and an accessory dwelling is excluded from the definition of “duplex dwelling.”
“Dwelling, caretaker” means a dwelling provided on an industrial site for an employee or owner to provide around the clock surveillance or service for the industry.
“Dwelling, cottage” means an individual dwelling unit that is part of a cottage cluster.
“Dwelling, duplex” means two dwelling units on one lot or parcel in any configuration. A duplex dwelling does not include a lot or parcel developed with a single-family dwelling and an accessory dwelling.
“Dwelling, mixed use” means a dwelling on a lot that has separate nonresidential uses on the same lot, such as an apartment provided on a second floor of a commercial building. “Mixed-use dwelling” excludes a caretaker dwelling.
“Dwelling, multifamily” means a building designed and used for five or more dwelling units on one lot or parcel, occupancy by three or more families, all living independently of each other, and having separate housekeeping facilities for each family. “Dwelling, multifamily” includes assisted living facilities.
“Dwelling, quadplex” means four dwelling units on one lot or parcel in any configuration.
“Dwelling room” means:
1. An enclosed room containing more than 70 square feet of floor space and commonly used for living purposes, but excluding:
a. Lobbies, halls, closets, or storage space.
b. Unfinished attics, cellars or basements.
c. Bathrooms, utility rooms or kitchens or other cooking spaces.
d. Dinette alcoves, dinettes or other dining spaces, if these are not separated by walls or doors from other dwelling rooms or cooking spaces.
e. Dining rooms in dwellings containing three or more bedrooms.
2. The room count for any dwelling unit is the number of dwelling rooms plus the constant figure of one and one-half, which represents the nondwelling rooms listed above. The minimum count for a dormitory or hotel type of structure shall be two for each dwelling room.
“Dwelling, single-family” means one dwelling unit on one lot or parcel.
“Dwelling, single-family detached” means one dwelling unit on one lot or parcel with no common walls attached to another dwelling unit.
“Dwelling, townhouse” means a dwelling unit constructed in a row of two or more attached units where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit, also commonly called a “single-family attached dwelling,” “row house” or “common-wall house.”
“Dwelling, triplex” means three dwelling units on one lot or parcel in any configuration.
“Dwelling unit” means a single unit of one or more habitable rooms providing complete independent facilities for occupants, including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Easement” means a right of use across or through a block, lot, tract or parcel.
“Electronic message center (EMC)” means a sign that is capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
Electronic Message Center Display Methods.
1. Static Message. The display on the entire electronic message center stays constant for a period of at least 10 minutes, and does not appear to change, move, scroll, vary color, or vary light intensity.
2. Alternating Message. The display on the entire electronic message center is held constant for a period of at least five seconds, and does not appear to change, move, scroll, vary color, or vary light intensity during that period, and where the image transitions to another image instantly or in a transition of less than one-half second.
3. Animated Message. The display on all or part of the electronic message center changes or appears to move, scroll, vary color, or vary light intensity. “Animated message” excludes static messages, alternating messages, extended video messages and flashing or rapid scrolling.
4. Extended Video Message. A display on an electronic message center that contains images that vary in a continuous, nonrepeating fashion, similar to television viewing. It includes messages or patterns of images that repeat in segments over 10 seconds in duration. It excludes images that serve as a background display, where a foreground display comprising at least 50 percent of the EMC surface is held constant for continuous one-second intervals. It also excludes flashing or rapid scrolling displays.
5. Flashing or Rapid Scrolling. “Flashing” means a display that includes a pattern of sudden alteration (less than one-half second) between an illuminated EMC face and a face without illumination, or an EMC face where the copy color and the background color alternate or reverse color schemes rapidly (in less than one-half second). “Rapid scrolling” means any letter or character in a message moves or appears to move across an EMC face faster than 10 feet in two seconds. Flashing or rapid scrolling excludes a transition of less than one-half second between messages on an alternating message display. Flashing or rapid scrolling is prohibited.
6. Strobe Lights. “Strobe lights” are high-intensity flashing lights that may impair vision. Strobe lights are prohibited on signs.
“Elevated building” means a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Emergency services category” means a category of uses under Chapter 15.303 NMC with personnel or equipment staged for quick response in case of emergency. The facility is operated by a public agency or private franchise agency.
“Enforcement official” means an official designated by the director who has the responsibility for enforcing the provisions of this code.
“Environmental assessment (EA)” means the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
“Ex parte contact” means contact from one side of an issue affecting a land use proceeding without the benefit of hearing the other point of view.
Exempt Accessory Structure. See “accessory structure, exempt.”
“Expedited land division” means a division of land under ORS 92.010 to 92.205, 92.205 to 92.245 or 92.830 to 92.845 by a local government that includes land that is zoned for residential uses and is within an urban growth boundary, is solely for the purposes of residential uses, and does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals.
“Expressway” means a highway designated in the Newberg transportation system plan that is intended to provide safe and efficient high-speed and high-volume traffic movements. Its primary function is to provide for interurban travel and connections with minimal interruptions. A secondary function is to provide for long-distance intra-urban travel. Access is limited to designated public street interchanges.
“Fall zone” means the area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
“Family” means (1) one or more persons related by blood, marriage, domestic partnership, legal adoption or guardianship, plus not more than five additional persons, who live together in one dwelling unit or (2) one or more handicapped persons as defined in the Fair Housing Amendments Act of 1988, plus not more than five additional persons, who live together in one dwelling 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.
“Final plan inventory of historic resources” means the list of significant resources which are included in the comprehensive plan. The final inventory includes an evaluation of the economic, social, environmental, and energy consequences of conflicting uses.
“Fixture, fully shielded” means an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.
“Fixture, outdoor lighting” means an electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot flood and area lighting.
“Flag” means fabric that is attached to a pole on one end only that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
“Flag display” means one or more flags attached to a permanently affixed single pole.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of 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 hazard 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.
“Floodplain development” means, within the floodplain, 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 or storage of equipment or materials located within the area of special flood hazard.
“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.
“Fully shielded fixture” means an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.
“Functional classification” means the classification given to streets and highways in the Newberg transportation system plan. The classification is intended to describe the purpose of the street relative to access and mobility. Classifications include, from highest to lowest, expressways, major and minor arterials, major and minor collectors, and local commercial, industrial and residential streets.
“Garage, private parking” means a publicly or privately owned structure having one or more tiers of height, used for the parking of automobiles for the tenants, employees or owners of the property for which the parking spaces contained in or on said garage are required by this code, and are not open for use by the general public.
“Garage, public parking” means a publicly or privately owned structure having one or more tiers of height, used for the parking of automobiles and open for use by the general public, either free or for remuneration. Public parking garages may include parking spaces for customers, patrons or clients which are required by this code, provided said parking spaces are clearly identified as free parking spaces for the building or use required to provide said spaces.
“Garage, single-car” means a covered parking space enclosed on all four sides designed for the parking of one motor vehicle.
“Garage, two-car” means a covered parking space enclosed on all four sides designed for the parking of two motor vehicles.
“Glare” means light that causes annoyance, discomfort, or loss in visual performance and ability.
“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 course” excludes a miniature golf course.
“Grade” means the average elevation of the finished surface of the ground at the midpoints of all walls or edges of a structure, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building or edge of a structure and the property line, if it is less than five feet distant from said wall or edge. In case walls are parallel to and within five feet of, or the edge of a structure with no walls is within five feet of, a public sidewalk, alley or public way, the grade shall be the elevation of the sidewalk, alley or public way.
Gross Acre. See “density, gross.”
“Gross floor area” means the floor area of a building, except areas used exclusively for the service of the building, such as: mechanical equipment spaces and shafts; elevators; stairways, escalators and ramps; public rest rooms, loading docks or ramps.
“Group care facility category” means a use category under Chapter 15.303 NMC that includes licensed facilities that provide residential care alone or in conjunction with treatment or training or a combination thereof for 16 or more 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.
“Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
“Hangar” means a building for storage and maintenance of aircraft.
“Hearing” means a time set to review a land use application by planning commission or city council.
“Hearing body” means the planning commission or city council of the City of Newberg.
“Hearing, legislative” means a hearing on a matter that is reviewed under the Type IV procedures, and usually relates to a change in a land use regulation or comprehensive plan amendment that is not site-specific.
“Hearing, new” means a hearing in which new testimony and other evidence may be submitted for consideration.
“Hearing, quasi-judicial” means a hearing that is reviewed through the Type III procedure, usually relating to a land use action or permit affecting one parcel or a small number of parcels.
“Hearing, record” means a hearing in which no new evidence or testimony is considered. These hearings shall be a review of the existing record or evidence previously submitted.
“Hearings officer” means the referee responsible for hearing appeals of expedited land division decisions made by the decision body (the director in the case of partitions and the planning commission in the case of subdivisions).
“Heavy manufacturing category” means a category of uses under Chapter 15.303 NMC that involve manufacturing, processing, fabrication, packaging, or assembly of large volumes of raw materials into refined products. These types of firms have significant external impacts. Outdoor storage and processing of goods and materials may exceed 10 percent of the site. Transportation needs are often met by both truck and rail. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).
“Helipad” means a transportation structure or area used for the landing and ascending of a helicopter, typically associated with a single use, such as a hospital.
“Heliport” means a facility used for the landing and ascending of helicopters, typically with a control tower, hangars, and accommodations for passengers and cargo.
“High density public use” means a structure or place which the public may enter for such purposes as deliberation, education, worship, entertainment, amusement, awaiting transportation or similar activity where the occupant load is greater than one person per 15 square feet of gross building lot coverage.
“Historic preservation commission” means the historic preservation commission of the City of Newberg, a body of officials appointed by the mayor with the consent of the city council, serving the city council by overseeing historic preservation issues affecting the city.
“Home gardening” means the cultivation of flowers, fruits, vegetables, or ornamental plants for personal use of the owner or tenants of a lot. “Home gardening” includes community gardens where the space is provided without charge for the space to individuals to raise produce for their personal use, or for nonprofit groups to raise produce to donate to individuals or charitable organizations.
“Home livestock and poultry raising” means the keeping and raising of livestock or poultry for the personal use of the owner or tenants of the lot.
“Home occupation” means an occupation or profession carried on by a member of the family residing on the premises.
“Horticulture” means the cultivation of a garden, orchard, or nursery, or the cultivation of flowers, fruits, vegetables, or ornamental plants for commercial purposes. It excludes farm stands or other on-site retail sale of the products.
“Hospital category” means a use category under Chapter 15.303 NMC that includes medical institutions that provide medical and surgical care to patients on an inpatient or emergency basis, which may be in addition to outpatient care.
“Hospital, small animal” means a building, together with animal runs, in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other small animals and domestic pets.
“Hotel” or “motel” means a structure with sleeping units or dwelling units rented or occupied for periods of less than 30 days, excluding vacation rental homes and bed and breakfast establishments.
“Housing project” means any work or undertaking of a nonprofit sponsor or limited dividend housing corporation for the purpose of operating, rehabilitating or constructing decent, safe and sanitary housing for families and individuals who cannot obtain such shelter in the open market for 25 percent of the gross family income.
“Industrial services category” means a category of uses under Chapter 15.303 NMC that provide services to other businesses or industries. Services often are provided off site at the customer location. Services to the general public are allowed, but general public visits to the site are infrequent. Items to be serviced may be brought in and out by truck, trailer or forklift. Materials may be stored in warehouses, or outside in enclosed areas. Trailers and medium or heavy duty vehicles may be used and stored on site.
“Initial inventory of historic resources” means a 1985 census of historical, architectural, archeological or cultural buildings, structures, objects, vegetation, sites, districts and signs. Each resource (i.e., building, structure, and the like) was documented in terms of location, a written description and a discussion of the resource’s significance.
“Institution” means a religious, public or quasi-public use, such as a church, library, college, university, public or private school, hospital, continuing care retirement facility, or government-owned or government-operated building, structure, or land used for public purposes.
Interested Party (Appeal). See “affected party” definitions.
“Kennel, commercial” means a lot or premises for the boarding, training, or breeding of dogs or cats for compensation, and where four or more of such adult animals are kept. An adult dog or cat is one that has reached the age of six months. “Commercial kennel” excludes pounds, pet stores (general retail sales), small animal hospitals, and hobby kennels.
“Kennel, hobby” means an accessory use to a single-family dwelling unit where four or more adult dogs are kept by the resident for their own use and enjoyment without compensation. An adult dog is one that has reached the age of six months.
“Landing field” means a facility, either on land or on water, where aircraft can take off and land, typically excluding hard surfacing, control towers, hangars, or accommodations for passengers and cargo. See also “airport.”
“Landmark” means properties selected from the historic inventory that are of individual importance based on architectural, historical, and/or environmental criteria. The H overlay designation shall be applied to landmark properties.
“Landscape” means the improvement of land by means such as contouring, planting, and the location of outdoor structures, furniture, walkways and similar features.
“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
“LCDC” means the Oregon Land Conservation and Development Commission, which directs the Department of Land Conservation and Development.
“Lease” means a written contract for the use, possession and occupancy of the property.
“Licensed carrier” means a company authorized by the FCC to construct and operate a commercial mobile radio services system.
“Light manufacturing category” means a category of uses under Chapter 15.303 NMC that involves manufacturing, processing, fabrication, packaging, or assembly of goods. These types of firms are involved in the secondary processing and assembly of materials and components into finished products, generally for the wholesale market, for transfer to other plants, or to order for firms or consumers. The external impact from these uses is generally less than heavy manufacturing. Outdoor storage and processing of goods and materials is less than 10 percent of the site. Transportation needs are often met by truck. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).
“Limited use overlay subdistrict” means a subdistrict of a zoning classification that places specific limits on the uses of properties in that area as defined in NMC 15.302.040 creating the subdistrict.
“Livestock and poultry farming” means the keeping and raising of livestock or poultry for commercial purposes.
“Loading space” means an off-street space or berth on the same lot with a main building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley or other appropriate means of ingress and egress.
“Local business office category” means a category of office uses under Chapter 15.303 NMC that serve the local area. General public visits to the office may be frequent. There is little or no outdoor storage of equipment and materials. Vehicles regularly on site are limited to passenger and light duty vehicles. No manufacturing occurs on site. Materials on site are mostly hand carried.
“Lot” means:
1. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as herein required. Such lot may consist of:
a. A single lot of record.
b. A portion of a lot of record.
c. A combination of complete lots of record, or complete lots of record and portions of lots of record.
d. A parcel of land described by metes and bounds; provided, that in case of division or combination there shall have been approval given to said division or combination under the conditions set forth in the subdivision ordinance.
2. For zoning purposes as covered by this code, the words “lot(s)” and “parcel(s)” are used interchangeably (see also “lot types”).
“Lot coverage” means that portion of a lot which, when viewed directly from above, would be covered by a building, or any part of a building, except any area covered by a structure where 50 percent or more of the perimeter of such structure is open from grade, or any exempt accessory structure. (See also Appendix A, Figure 4.)
“Lot frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements, all sides of a lot adjacent to a street shall be considered frontage and yards shall be provided as indicated under “yard.”
“Lot line, front” means a property line contiguous with the street line (see Appendix A, Figure 5).
Lot Measurements.
1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front, and the rearmost points of the side lot lines in the rear (see Appendix A, Figure 5).
2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the outer radius of cul-de-sacs, where the 80 percent requirement shall not apply (see Appendix A, Figure 5).
“Lot of record” means a lot shown as part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county recorder; except, that no lot or parcel of land created without complying with the provisions of the land division requirements of the state and this code is entitled to the waiver of this section.
Lot Types.
1. Corner Lot. A lot or development site situated at the intersection of two streets.
2. Interior Lot. A lot or development site other than a corner lot with frontage only on one street (see Appendix A, Figure 6).
3. Through Lot. A lot or development site other than a corner lot with frontage on more than one street. Through lots with frontage on two streets may be referred to as “double frontage” lots (see Appendix A, Figure 7).
4. Zero Lot Line Lot. A lot that is designated to have a “zero” interior yard setback.
“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 nonelevation design requirements found at NMC 15.343.040(B)(1).
“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 where the use of lots is limited to one manufactured home per lot or uses accessory to the home or the subdivision.
“Manufactured structure accessory building or structure” means any portable, demountable or permanent structure established for use of the occupant of the manufactured structure and specifically includes but is not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, and ramps.
“Marijuana laboratory” means a laboratory certified by the Oregon Health Authority under ORS 438.605 to 438.620 and authorized to test marijuana items for purposes specified in these rules.
“Marijuana processor” means a person who processes marijuana items in this state.
“Marijuana producer” means a person who produces marijuana in this state.
“Marijuana retailer” means a marijuana retailer licensed by the Oregon Liquor Control Commission.
“Marijuana wholesaler” means a marijuana wholesaler licensed by the Oregon Liquor Control Commission.
“Marina” means a boat basin offering dockage and other service for small watercraft, including marine gas facilities, boat launching, and moorage.
“Master site development plan” means a detailed plan for the construction or redevelopment of a site which will be undertaken in two or more phases.
“Medical marijuana dispensary” means a medical marijuana facility registered by the Oregon Health Authority and in compliance with all other provisions of Oregon law.
“Medical marijuana grow site” means a location registered under ORS 475.304 where marijuana is produced for use by a registry identification cardholder.
“Medical marijuana processor” means a medical marijuana processing facility registered by the Oregon Health Authority.
“Medical office category” means a category of uses under Chapter 15.303 NMC that provide medical or surgical care to patients within the office. Care is provided by or under the direction of a government licensed medical practitioner. Services are provided on an outpatient basis only. Regular office hours are during the day with only occasional nighttime emergency care.
“Middle housing” means any individual or combination of duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings and/or cottage clusters.
“Middle housing land division” means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197.758(2) or (3).
“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 space” means an area, tract of land, or portion of a manufactured dwelling park that is designed or used for occupancy by one manufactured structure.
“Modular home” means a dwelling meeting the Oregon Residential Specialty Code standards and constructed and inspected prior to installation on a preformed foundation. Modular homes are not constructed with attached wheels and are not intended for moving on the highway without a special trailer. A modular home is treated the same as a site-built dwelling for purposes of the development code.
“Monopole” means the type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
Motel or Tourist Court. See “hotel.”
“Motor vehicle, manufactured dwelling and recreational vehicles sales area” means a lot used for display, sale or rental of any new or used motor vehicles, manufactured dwellings or recreational vehicles, where no repair work is done except minor, incidental repairs of motor vehicles, manufactured dwellings or recreational vehicles to be displayed, sold or rented for use off of the premises.
“Mount” means the structure or surface upon which antennas are mounted, including the following four types of mounts:
1. Roof-Mounted. Mounted on the roof of a building.
2. Side-Mounted. Mounted on the side of a building.
3. Ground-Mounted. Mounted on the ground.
4. Structure-Mounted. Mounted on a structure other than a building.
Mural-related definitions include:
“Alteration” means any change to the permitted original art mural, including but not limited to any change to the image(s), materials, colors or size of the permitted original art mural. “Alteration” does not include naturally occurring changes to the permitted original art mural caused by exposure to the elements or the passage of time. Minor changes to the permitted original art mural which result from the maintenance or repair of the permitted original art mural shall not constitute “alteration” of the permitted original art mural. This can include slight and unintended deviations from the original image, colors or materials that occur when the permitted original art mural is repaired due to the passage of time, an accident, or as a result of vandalism such as graffiti.
“Changing image mural” means a mural that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of mural image or message. Changing image murals do not include otherwise static murals where illumination is turned off and back on not more than once every 24 hours.
“Compensation” means the exchange of something of value. It includes, without limitation, money, securities, real property interest, barter of goods or services, promise of future payment, or forbearance of debt. “Compensation” does not include:
1. Goodwill; or
2. An exchange of value that a building owner (or leaseholder with a right to possession of the wall upon which the mural is to be placed) provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the mural.
“Original art mural” means a hand-produced work of visual art which is tiled or painted by hand directly upon, or affixed directly to, an exterior wall of a building. Original art mural does not include:
1. Mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl;
2. Murals containing electrical or mechanical components; or
“Permitted original art mural” means an original art mural for which a permit has been issued by the City of Newberg.
Net Density. See “density, net.”
“Noise-sensitive areas” means within 1,500 feet of an airport or within established noise contour boundaries exceeding 55 Ldn.
“Nonconforming lot” means a parcel of land which lawfully existed as a lot on the effective date of the ordinance codified in this code, or which is legally created after the effective date of the ordinance codified in this code, but in either case, does not conform to the lot area and lot dimension standards for the district in which it is located.
“Nonconforming use” means a use of a building or land which lawfully existed on the effective date of the ordinance codified in this code and which is not a use permitted in the district in which it is located.
“Nursing home” means a home, place or institution which operates and maintains facilities providing convalescent or chronic care, or both, for a period exceeding 24 hours for 15 or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick.
“Object-free area” means an area on the ground centered on a runway or taxiway centerline provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes.
“ODOT” means the Oregon Department of Transportation.
“Official map” means the map established by the city council on which the planned locations, particularly of streets, are indicated with detail and exactness so as to furnish the basis for property acquisition, building restrictions, building permits, zoning, or other uses, the original whereof is on file in the office of the city recorder.
“Omnidirectional (whip) antenna” means a thin rod that beams and receives a signal in all directions.
“Open space category” means a category of uses under Chapter 15.303 NMC that provide outdoor space for natural feature preservation, or for walking, sitting, watching, or observing. Most of the area is left in native vegetation. Open spaces may be publicly or privately owned, and public access may be restricted or prohibited.
“Outdoor lighting fixture” means an electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot, flood and area lighting.
“Outdoor living area” means an outdoor or semi-outdoor area designed to provide a more pleasant and healthful environment for the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, paved or rooftop areas, balconies, porches, patios, terraces, verandas or similar areas developed for active or passive recreational activities. That portion of exterior balconies which serves as required exits for the building shall not be considered as outdoor living areas.
“Owner” means the owner of record of real property as shown on the latest tax rolls of the county or by deed record of the county for a person who is purchasing the parcel of property under recorded contract.
“Panel antenna” means a flat surface antenna usually developed in multiples.
“Parcel” means a unit of land that is created by a partitioning of land.
“Park category” means a category of uses under Chapter 15.303 NMC that provide areas for outdoor recreation, whether passive or active. Parks may be privately or publicly operated, but no admission fee is charged.
“Parking apron” means a paved or grass area intended for parking aircraft.
“Parking area, private” means privately or publicly owned property, other than streets and alleys, used for parking by the tenants, employees, or owners of the property for which the parking area is intended, and not open for use by the general public.
“Parking area, public” means privately or publicly owned property, other than streets or alleys, identified for parking used by the general public either free or for remuneration. Public parking areas may include but are not limited to parking lots intended for retail customers, patrons and clients.
“Parking coverage” means that portion of a lot covered by parking lots, aisles and access, and parking structures, where 50 percent or more of the perimeter of such structure is open on its sides. It includes one-half the area covered by approved pervious paving materials such as grasscrete, permeable asphalt, or permeable pavers.
“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, long-term” means a designated parking area for the purpose of parking vehicles for a length of time greater than four hours.
“Parking lot, commercial” means a parking area specifically designated for commercial public parking.
“Parking space” means a permanently maintained space with proper access for one standard-size automobile.
“Partition” means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.
1. “Partition” does not include divisions of land resulting from the creation of cemetery lots; and “partition” does not include any 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 code.
2. “Partition” does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired with other contiguous lots or property by a single owner.
“Partition plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
“Party to a hearing” means anyone determined to have legal standing at a hearing, generally for purposes of appeal. This would typically include the applicant, anyone providing written comments prior to the close of a hearing, and anyone providing oral testimony during the public comment portion of a hearing.
“Person” means any individual, firm, partnership, corporation, company, association, syndicate or other legal entity, and including trustee, receiver, assignee or other similar representative of an individual, firm, partnership, corporation, company, association, syndicate or other legal entity.
“Personal services category” means a category of uses under Chapter 15.303 NMC that are engaged primarily in physical aesthetic services or nonmedical treatment to individuals at the site.
“Personal wireless service facility” means a facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
“Personal wireless services” means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as described in the Telecommunications Act of 1996.
“Planning commission” means the planning commission of the City of Newberg, a body of officials appointed by and serving the city council by overseeing planning issues affecting the city.
“Planning manager” means the superintendent of the planning division. The planning manager is subordinate to the director.
“Plat” means a final subdivision plat, replat or partition plat.
“Play structure” means swing sets, slides, playhouses, jungle gyms, sandboxes or other similar structures intended specifically for outdoor recreational activity for persons but not including dwellings, garages, carports, accessory structures, or sheds.
“Pound, dog or cat” means premises where animals are impounded temporarily while their owners are being located or while awaiting adoption or final disposition.
“Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway. When the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is 250 feet for utility runways having only visual approaches and 500 feet for other than utility runways.
“Prison” means a facility that lodges persons being legally detained. It excludes jails associated with a police station that provide short-term detention, which is considered an accessory to an emergency service use.
“Private club, lodge, meeting hall” means a category of uses under Chapter 15.303 NMC that provide meeting areas that are restricted to those with membership in the host organization, or to individuals or organizations renting the space for special events. The activities may either be religious or nonreligious. The activities may be nonprofit or for profit, though for-profit activities are limited to those with membership or prospective membership in the organization renting the space.
“Private drive” means a private way which affords principal means of access to three or fewer lots (see also “service drive”).
“Private street” means a private way which affords principal means of access to four or more lots (see also “service drive”).
“Property consolidation” means the elimination of common property lines between two or more abutting properties.
“Property line adjustment” means the relocation of common property lines between two or more abutting properties.
“Public building” means a building used by a governmental agency, municipal corporation, or any public utility to serve the general public. It includes fire stations, substations and pump stations. It does not include any other use listed elsewhere in this code, such as schools, colleges, churches, or day nurseries.
Quadplex. See “Dwelling, quadplex.”
“Radio” is a generic term referring to communication of impulses, sounds, and pictures through space by means of an electromagnetic wave, including but not limited to short-wave, FM, AM, land mobile, common carrier, low and high power television, and microwave transmissions.
“Radio frequency energy (RF)” means energy, consisting of related electric and magnetic fields, produced by alternating currents of sufficiently high frequency, which may be emitted or collected by an antenna and which presents a self-sustaining, self-propagating electromagnetic wavefront. RF energy may, among other uses, be modulated (encoded) so as to convey intelligence such as voice, digital data, and still or moving pictures, between radio frequency facilities. The RF spectrum occupies, for practical purposes, but not exclusively, wavelengths from 10 kilometers to 10 millimeters, representing a frequency range of three kHz to 300 GHz.
“Readerboard” means a portable sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. “Readerboard” does not include animated signs, nor does it include signs where less than 20 percent of the sign area can be so changed or rearranged.
“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” or “RV park”:
1. 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:
a. The renting of space and related facilities for a charge or fee; or
b. The provision of space for free in connection with securing the patronage of a person.
2. Does not mean:
a. An area designated only for picnicking or overnight camping; or
b. A manufactured dwelling park or mobile home park.
“Recreational vehicle space” means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
“Redevelopment” means a remodel or addition that requires a Type II application.
“Religious institution, place of worship category” means a category of uses under Chapter 15.303 NMC that primarily provide meeting areas for religious activities.
“Replat” means a final plat of the reconfiguration of lots and easements of a recorded subdivision or partition plat and other writings containing all the descriptions, locations, specifications, dedications and provisions and information concerning a recorded subdivision.
“Reserve block” 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.
“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 care 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.
“Restaurant” means a place where meals are served to the public either for dining in or takeout, which does not include a walk-up or drive-up window.
“Restaurant, drive-up,” “restaurant, drive-through” or “restaurant, walk-up” means a restaurant which serves all or a portion of its meals to the public, for purposes of takeout, via a drive-up, drive-through, or walk-up window.
“Retail food and beverage production category” means a category of uses under Chapter 15.303 NMC that prepare and package food and beverages for retail sale or consumption on site, and for shipment for sales at other locations. These are medium-sized operations, using 10,000 square feet or less of floor for production. The area on site devoted to retail sales and dining is at least 25 percent of the floor area.
“Retail sales – bulk outdoor category” means a category of uses under Chapter 15.303 NMC that sell or rent large items to the general public from stock displayed or stored in whole or in part outdoors. Large items include vehicles and materials that require forklifts, tow trucks, or other loading equipment to load to customers. Sales may include sale of other items indoors or outdoors.
“Retail sales – convenience category” means a category of uses under Chapter 15.303 NMC that sell items to the general public that mostly are used or consumed the same day. Store size is limited to a specific floor area established by the zoning district. Items are sold predominantly indoors.
“Retail sales – general category” means a category of uses under Chapter 15.303 NMC that sell or rent goods to the general public. Items are sold indoors, or, if outdoors, are limited to small items that do not require machinery to load to customers. Most items for sale are stored on or picked up from the site. Operators may be commercial or nonprofit entities.
“Right-of-way” means a strip of land over which public facilities such as streets, railroads, or power lines are built.
“Runway” means a defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes.
“Runway protection zone” extends from the primary surface to a point where the approach surface is 50 feet above the runway end elevation. Where the runway protection zone meets the primary surface, the width is 250 feet. The outer width of the runway protection zone is 450 feet and is measured 1,000 feet from the primary surface.
“Safety area” means a defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.
“School, primary or secondary category” means a category of uses under Chapter 15.303 NMC that includes public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education primarily to minors.
“Secondhand store” means a retail shop where all or nearly all goods sold are previously used household items. “Secondhand store” excludes used vehicle sales.
“Self-service storage category” means a category of uses under Chapter 15.303 NMC that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.
“Service drive” means a vehicular access which provides ingress and egress from a driveway approach to an improved parking space(s). A service drive is either a “private street” or a “private drive” as defined in this code.
“Sidewalk” means a pathway adjacent to a public or private street with a durable, hard, smooth surface intended for pedestrian use.
“Sign” means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. “Sign” includes banners, flags, balloons with graphics, letters, or advertising, and murals.
“Sign, animated” means a sign that has a display that changes more than once in any 10-minute period.
“Sign area” means the area of a sign which is computed by means of the smallest square, circle, rectangle, triangle, or combination of the smallest square, circle, rectangle, or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the requirements of this code and is clearly incidental to the display itself. The sign area for a sign with more than one face shall be computed by adding the area of all sign faces visible from any one point. When two sign faces are placed back to back or at an angle of less than 45 degrees to one another so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of the largest face (see Appendix A, Figure 16).
“Sign, attached” means any sign attached to any part of a building, as contrasted to a freestanding sign. Attached signs are of two types:
1. Minor Attached. A sign not to exceed six square feet in area (three square feet in residential zones) that does not extend above the roof line of the building it is attached to.
2. Major Attached. All other attached signs.
“Sign, freestanding” means any sign supported by structures or supports that are anchored or inserted in the ground and that are independent from any other building or structure. Freestanding signs are of two types:
1. Minor Freestanding. A freestanding sign that is less than or equal to six square feet in area (three square feet in residential zones) and three feet in height.
2. Major Freestanding. All other freestanding signs.
“Sign, portable” means any sign not inserted in or attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs connected to A- or T-frames; menu and sandwich board signs; umbrellas, balloons, flags, or banners containing signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said sign is permanently affixed to the vehicle and said vehicle is licensed for movement on public streets.
“Sign, public” means any sign that is placed within public right-of-way by or under direction of a governmental agency.
“Sign, temporary” means a portable sign that is limited by law to placement for a specified period of time.
“Skirting” means the enclosure for the area between the floor of a mobile home or manufactured home and the ground.
“Special needs housing” means group housing specially designed or adapted for those with particular physical, developmental, or social needs.
“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 the building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar 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 basement, cellar or unused underfloor shall be considered as a story.
“Story, half” means a basement or cellar, except as provided in this code, which has less than six feet of its height above grade.
“Stream” means a body of running water flowing within the boundaries of the stream corridor overlay zone.
“Stream corridor” means an area including the stream bed and a required strip or buffer of land on each side of the stream bed. The width of the stream corridor area varies with the site conditions and shall be determined by on-the-ground investigation as provided by this code.
“Street” means a public thoroughfare or right-of-way dedicated, deeded or condemned, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare. The word “street” shall include all arterial highways, freeways, traffic collector streets, and local streets.
“Street line” means a lot line separating a street from other land (see Appendix A, Figure 5).
“Structure” means anything constructed or built, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Structure, affected” means a walled and roofed building including a gas or liquid storage tank that is principally above ground, that may be affected by or affect a flood.
“Subdivision” 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 (see also “partition”).
“Subdivision plat” means a final plat and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
“Substantial damage” means damage of any origin sustained by an affected structure whereby the cost of restoring the affected structure to its before-damaged condition would equal or exceed 50 percent of the market value of the affected structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, or improvement of an affected structure, the cost of which equals or exceeds 50 percent of the market value of the affected structure either:
1. Before the improvement or repair is started; or
2. If the affected 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 affected structure.
The term does not, however, include either:
1. Any project for improvement of an affected structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of an affected structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
“Substantially complete” or “substantial completion” is defined as meaning that the city has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:
1. The water supply system;
2. The fire hydrant system;
3. The sewage disposal system;
4. The stormwater drainage system, excepting any landscaping requirements that are part of the system;
5. The curbs;
6. The demarcating of street signs acceptable for emergency responders; and
7. The roads necessary for access by emergency vehicles.
Further, the term is defined as meaning that, in the opinion of the city engineer, the city will not be adversely impacted by issuance of building permits prior to acceptance of the public improvements. This definition is and shall remain consistent with ORS 455.175 as amended.
“Sun exposure plane” means an imaginary, inclined plane (see Appendix A, Figure 8):
1. Northerly Exposure. Beginning on a line parallel to a front, side or rear property line and 10 feet within the abutting property or properties northerly from the northerly line or lines of the development site to which the sun exposure plane applies and projecting thence due south at a 30-degree slope over the applicable development site.
2. Easterly, Westerly and Southerly Exposures. Beginning on lines parallel to front, side or rear property lines, and five feet within the abutting property or properties easterly, westerly and southerly from the easterly, westerly and southerly lines of the development site to which the sun exposure plane applies and projecting thence due west from the easterly line, due east from the westerly line, and due north from the southerly line, at a 60-degree slope over the applicable development site to a maximum distance of 30 feet measured horizontally from each development site line.
“Taxiway” means a defined path established for the taxiing of aircraft from one part of an airport to another.
“Telecommunications facility” means a land use which generates, detects or processes radio frequency (RF) energy for purposes of wireless telecommunication and which provides commercial transmission capabilities to convey intelligence such as voice, digital data, and still or moving pictures. Services include cellular communication, personal communication services (PS), enhanced specialized mobile radio, specialized mobile radio and paging. The facility may include a cellular tower or monopole; antennas; feedlines; structures to support antennas, feedlines, and other receiving and/or transmitting devices; transmitters, receivers and transceivers; accessory equipment, development and structures; and the land on which they are situated. This definition does not include amateur radio and citizen band radio equipment (see “amateur (“ham”) radio” and “citizen band (CB) radio”).
“Telecommunications facility equipment shelter” means an enclosed structure, cabinet, shed or box at the base of the pole or tower within which are housed batteries and electrical equipment.
“Telecommunications facility security barrier” means a locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass to the facility.
“Temporary merchant” means a person or persons occupying a temporary, fixed location, not within a permanent building, and selling or delivering from stock on hand, doing business in much the same manner as a permanent business.
“Top hat antenna” means a triangular or square platform for mounting purposes.
Townhouse. See “Dwelling, townhouse.”
“Townhouse project” means one or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.
“Traded sector industry office category” means a category of uses under Chapter 15.303 NMC that includes corporate offices for traded sector industries that design, research, or create a product where the manufacturing is done at a different facility, or the product is intangible or intellectual. It may include offices for management of corporations or sales of products where the primary market is beyond the local region. General public visits to the office are very infrequent.
“Trailer” or “travel trailer” means a device that is towed by a passenger vehicle and is licensed to travel on public roads. Travel trailers typically include a bath and/or cooking facilities and are intended for temporary occupancy as a residence.
“Transit center” means a location for the boarding or departing of passengers from buses, trains, taxis or similar common passenger carriers (excluding aircraft), typically for several fixed routes. “Transit center” may include accessories such as multiple shelters, rest rooms, food vending, parking lots, offices for transit personnel, and transit vehicle storage and repair areas.
“Transit stop” means a location for the boarding or departing of passengers from buses, trains, taxis or similar common passenger carriers (excluding aircraft), typically for one or two fixed routes. “Transit stop” may include accessories such as a single shelter, passenger parking for up to 20 vehicles, trash receptacles and a rest room. See also “transit center.”
“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:
1. Construction of streets, walkways, and associated improvements as part of an approved subdivision, partition, design review, or similar application.
2. Projects identified in the city’s adopted transportation system plan.
3. Installation of culverts, pathways, medians, fencing, guardrails, walls, lighting, and similar types of improvements.
4. Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.
5. Landscaping as part of a transportation facility.
6. Transit stops.
“Transportation facilities and improvements” does not include airports, landing fields, heliports, helipads, transit centers, or parking areas.
Triplex. See “Dwelling, triplex.”
Type I Procedure – Administrative Decision. These actions shall be decided by the director without public notice or public hearing. These actions include, but are not limited to, design review permits, accessory dwelling units, home occupation permits, signs, adjustments, and processing final land division maps and plats.
Type II Procedure. These actions shall be decided by the director. Type II actions shall include, but not be limited to, future street plans, site design review, partitions, subdivisions, variances, and manufactured dwelling and mobile home parks.
Type III Procedure – Quasi-Judicial Hearing. All Type III decisions shall be heard and decided by the planning commission. In addition, some Type III actions may be forwarded to the city council for additional hearing. Type III actions include, but are not limited to, appeals of Type I or Type II decisions, future street plans, conditional use permits, planned unit developments, establishment of a historic landmark, comprehensive plan map amendments, zoning map amendments, and annexations.
Type IV Procedure – Legislative Hearing. All Type IV decisions shall be heard and decided by both the planning commission and city council. Type IV actions include, but are not limited to, amendments to the comprehensive plan text, amendments to the Newberg development code and the creation of any land use regulation.
“Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
“Utilities” means any water, gas, wastewater system, electrical, telephone and wire communication service, and all persons and companies supplying the same.
“Utility distribution plant or yard” means a facility that collects, distributes, or treats water, storm drainage, electrical power, natural gas, or similar material to serve areas beyond the immediate vicinity. It includes facilities that store and distribute equipment and material to repair streets and utilities. “Utility distribution plants and yards” include water treatment plants, street maintenance yards, and energy production facilities using material imported to the site. It excludes basic utilities and wastewater treatment plants.
“Utility runway” means a runway that is constructed and intended to be used by propeller- driven aircraft of 12,500 pounds maximum gross weight or less.
“Vacation rental home” means a single-family dwelling unit that is used, rented or occupied for periods of less than 30 days, or is available, advertised, or listed by an agent as available for use, rent for occupancy for periods of less than 30 days. “Vacation rental home” excludes bed and breakfast establishments.
“Variance” means an exception to provisions of this code where strict or literal interpretation of the ordinances contained herein would result in practical difficulty and unnecessary physical hardship.
“Vehicle, heavy duty” means a Class 7 or Class 8 vehicle under the U.S. DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards, which has a gross vehicle weight rating of greater than 26,000 pounds.
“Vehicle, light duty” means a Class 1, 2, or 3 vehicle under the U.S. DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards, which has a gross vehicle weight rating of 14,000 pounds or less.
“Vehicle, medium duty” means a Class 4, 5, or 6 vehicle under the U.S. DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards, which has a gross vehicle weight rating of greater than 14,000 pounds but less than or equal to 26,000 pounds.
“Vision clearance area” means a triangular area of a corner lot at the intersection of two front lot lines, and through which it is necessary to retain vision clearance in the interest of public safety. The two legs of the triangle are of equal length and coincide with the curb or street lines. The apex is located at the intersection of the curb or street lines, extended if necessary. The base of the triangle extends diagonally across the corner of the lot intersecting the two legs an equal distance from the apex (see Appendix A, Figure 9).
Walkway. See “walkway, public,” “walkway, private,” and “sidewalk.”
“Walkway, private” means a pathway within a lot with a durable, hard, smooth surface intended for pedestrian use, including general pedestrian areas such as plazas and courts.
“Walkway, public” means a pedestrian path within a public right-of-way or a dedicated public easement other than sidewalks adjacent to a street, that is designed to allow travel through a block.
“Warehouse, storage and distribution category” means a category of uses under Chapter 15.303 NMC that involve the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. It includes data centers that store and distribute electronic data. There is little on-site sales activity with the customer present.
“Waste-related category” means a category of uses under Chapter 15.303 NMC that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, collect sanitary wastes, or manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100-110, Hazardous Waste Management.
“Wastewater treatment plant” means a facility for treatment and disposal of human waste collected from a large area. It excludes wastewater pump stations and septic systems.
“Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
“Wholesale and industry sales category” means a category of uses under Chapter 15.303 NMC that sell goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services. Items are only occasionally sold directly to the general public.
“Wineries, breweries, and distilleries” means manufacturing, processing, and packaging of alcoholic and nonalcoholic beverages. The external impact from these uses is typically limited to outdoor storage of materials. These uses include a warehouse and distribution element, with goods being shipped out to retail markets. There also may be a retail element to these uses with goods being sold and/or consumed on site.
“Wrecking yard, motor vehicles and building materials” means a premises used for the storage, dismantling or sale of either used motor vehicles, mobile homes, recreational vehicles, machinery and/or building materials or parts of used motor vehicles, mobile homes, recreational vehicles, machinery and/or building materials.
“Yard” means required space on the same lot with a building, unoccupied and unobstructed from a point 30 inches above grade upward, excepting as otherwise provided herein.
“Yard, front” means a yard extending between lot lines which intersect a street line, the depth of which is the minimum horizontal distance between the street line and a line parallel thereto on the lot. It includes a yard adjacent to a private street on any lot that accesses that private street. It does not include a yard adjacent to an alley only (see Appendix A, Figures 5 and 10).
“Yard, interior” means a yard adjacent to any lot line(s) which is not a street line, the depth of which yard shall be the horizontal distance measured at right angles to the interior lot line(s) and a line(s) being parallel with said interior lot line(s) (see Appendix A, Figures 5 and 10).
“Zero lot line” means a lot line having no setback or yard therefrom; primarily used in conjunction with single-family attached dwelling units. [Ord. 2929 § 1 (Exh. A-1 § 1), 9-3-24; Ord. 2928 § 1 (Exh. A-1 § 1), 9-3-24; Ord. 2916 § 1 (Exh. A § 1), 6-5-23; Ord. 2912 § 1 (Exh. A § 1), 5-1-23; Ord. 2889 § 2 (Exh. B § 1), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 1, 2), 6-7-21; Ord. 2832 § 1 (Exh. A), 7-2-18; Ord. 2813 § 1 (Exh. A § 1), 9-5-17; Ord. 2810 § 2 (Exhs. B, C), 12-19-16; Ord. 2801 § 1 (Exh. A § 1), 6-6-16; Ord. 2798 § 1 (Exh. A § 1), 4-4-16; Ord. 2793 § 1, 2-1-16; Ord. 2782 § 1 (Exh. A), 9-8-15; Ord. 2780 § 1 (Exh. A § 1), 4-6-15; Ord. 2765 § 1 (Exh. A § 2), 11-4-13; Ord. 2764 § 1 (Exh. A § 1), 10-7-13; Ord. 2763 § 1 (Exh. A § 2), 9-16-13; Ord. 2747 § 1 (Exh. A § 3), 9-6-11; Ord. 2746 § 1 (Exh. A § 2), 8-15-11; Ord. 2736 § 1 (Exh. A § 2), 3-21-11; Ord. 2733 Att. A, 2-7-11; Ord. 2731 § 2, 10-18-10; Ord. 2730 § 1 (Exh. A (6)), 10-18-10; Ord. 2720 § 1(1), 11-2-09; Ord. 2719 § 2 (Exh. B), 3-1-10; Ord. 2710 § 1, 3-2-09; Ord. 2709 § 2, 2-17-09; Ord. 2647, 6-5-06; Ord. 2619, 5-16-05; Ord. 2565, 4-1-02; Ord. 2561, 4-1-02; Ord. 2550, 5-21-01; Ord. 2537, 11-6-00; Ord. 2536, 11-6-00; Ord. 2519; Ord. 2513, 8-2-99; Ord. 2507, 3-1-99; Ord. 2505, 2-1-99; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.003.]
15.05.040 Scope and compliance.
A. A parcel of land or structure may be used, developed, and occupied only as this code allows. In addition to complying with the requirements of this code, each development shall comply with the Newberg comprehensive plan and implementing ordinances by and through compliance with applicable implementation provisions of this code.
B. The requirements of this code apply to the person undertaking a development, to the user of a development, and to the person’s successors in interest.
C. No land shall be divided within the corporate limits of the city except as provided by this code.
D. No building permit or certificate of occupancy shall be issued for any lot which was created through a land division after the effective date of the ordinance codified in this code. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity to this code. [Ord. 2451, 12-2-96. Code 2001 § 151.004.]
15.05.050 Interpretation, conflict and separability.
Where the conditions imposed by a provision of this code are less restrictive than comparable conditions imposed by any other provisions of this code, the most restrictive provisions shall govern.
A. In their interpretation and application, the provisions of this code shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. Conflict with Public and Private Provisions.
1. Public Provisions. The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of this code imposes restrictions different from those imposed by any other provision of this code or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2. Private Provision. This code is not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of this code are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this code shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirement of this code, or the determinations of the city in enforcing this code and such private provisions are not inconsistent with this code or determinations thereunder, then such private provisions shall be operative and supplemental to this code and determinations made thereunder. [Ord. 2451, 12-2-96. Code 2001 § 151.005.]
15.05.060 Saving provision.
This code shall not be construed as abating any action now pending under, or by virtue of, prior existing land use and development regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of this code, or as vacation, by lawful action of the city except as shall be expressly provided for in this code. [Ord. 2451, 12-2-96. Code 2001 § 151.006.]
15.05.070 Conditions.
Regulation of zoning, land division and land use provisions are an exercise of valid police power by the city. The owner has the duty of compliance with reasonable conditions laid down by the city for design, dedication, improvement, land division and restrictive use of the land so as to conform to the physical and economic development of the city and to the safety and general welfare of the future lot owners and the city at large. [Ord. 2451, 12-2-96. Code 2001 § 151.007.]
15.05.080 Amendments.
For the purpose of providing for the public health, safety and general welfare, the city may from time to time amend the provisions imposed by this code. [Ord. 2451, 12-2-96. Code 2001 § 151.008.]
15.05.090 Fee schedule.
In order to defray the expenses connected with the application for hearing requests, the city shall charge and collect a filing fee for each such application as established by resolution of the city council.
A. The applicant shall be held responsible for submitting the required filing fee upon completion and submittal of an application.
B. Whether the request is granted or denied by the commission, hearing official, city council or director, the petitioner shall not be entitled to the refund of the initial fee paid, except as allowed by ORS 227.175(10)(b). [Ord. 2451, 12-2-96. Code 2001 § 151.009.]
15.05.100 Enforcement.
All officials, departments, and employees of the city, vested with authority to issue permits, certificates or licenses, shall adhere to and require conformance with the zoning regulations.
A. Inspection and Right of Entry. Whenever they shall have cause to suspect a violation of any provision of the zoning regulations, or when necessary to investigate an application for or revocation of any zoning approval under any of the procedures prescribed in this code, officials responsible for enforcement or administration of this code, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigations, provided they shall do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant. No owner or occupant or agent of the owner or occupant shall, after reasonable notice and opportunity to comply, refuse to permit such entry.
B. Abatement. Any use which is established, operated, erected, moved, altered, enlarged, painted or maintained contrary to the zoning regulations shall be and is declared to be unlawful and a public nuisance, and may be abated as such.
C. Enforcement Official. It shall be the duty of the designated city enforcement official to enforce the provisions of this code pertaining to land use and to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures. The enactment of this code shall not invalidate any prior, existing or future prosecutions for violation of the regulations committed under previous applicable city ordinances then in effect.
D. Legal Proceedings by City Attorney. The city attorney, upon request of the city council or city manager, shall institute any necessary legal proceedings to enforce the provisions of this code.
E. Enforcement by Chief of Police. The chief of police and the chief of police’s authorized representatives shall have the power, upon request of the city manager, to assist in the enforcement of the provisions of this code.
F. Suits in Equity to Enjoin Violations. On the direction of the designated city official, the city attorney may institute a suit in equity in the Circuit Court of the State of Oregon, to enjoin the maintenance of any provision of this code.
G. Remedies Cumulative. It is the intent that the remedies provided for within this code pertaining to enforcement of the provisions of this code shall be cumulative and not mutually exclusive. [Ord. 2451, 12-2-96. Code 2001 § 151.010.]
15.05.110 Adoption of zoning map.
In addition to the provisions of this code, this code includes a land use map which designates use districts and subdistricts to specific areas. The map is entitled “Newberg, Oregon Zoning Map,” and is adopted as a part of this code and referenced by this section number. [Ord. 2451, 12-2-96. Code 2001 § 151.011.]
15.05.120 Penalty.
Violation of any provision of this code is a city Class 2 civil infraction and shall be processed in accordance with the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each day of a continuing violation constitutes a separate violation. [Ord. 2451, 12-2-96. Code 2001 § 151.999.]