Chapter 18.05
GENERAL PROVISIONS
Sections:
18.05.040 Zoning of areas to be annexed.
18.05.060 Development permits.
18.05.010 Title.
This title together with the zoning map attached hereto as Appendix A shall be known as the zoning ordinance of the city of Pilot Rock, Oregon. [Ord. 514 § 1.10, 2001].
18.05.020 Purposes.
This title is enacted for the purpose of promoting the public health, safety, and welfare; to encourage the most appropriate use of property within the city; to stabilize and protect the value of property; to provide adequate light and air; to prevent overcrowding; to lessen traffic congestion; to facilitate adequate and economical provisions for public improvements, all to implement the comprehensive plan of the city of Pilot Rock, to provide a method of administration and to provide penalties for violations of the provisions herein. [Ord. 514 § 1.20, 2001].
18.05.030 Scope.
No structure or lot shall hereinafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or otherwise altered except as permitted by this title. [Ord. 514 § 1.30, 2001].
18.05.040 Zoning of areas to be annexed.
Prior to the annexation of any land to the city of Pilot Rock, the planning commission shall determine, by reference to the comprehensive plan, the appropriate zoning for the property to be annexed. The zoning of the property to be annexed shall be in accordance with the comprehensive plan. [Ord. 514 § 1.40, 2001].
18.05.050 Compliance.
(1) A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied, or used only as this title permits.
(2) No dimensional requirement of this title shall be violated after its terms become effective unless specifically provided for herein.
(3) No lot area, yard or other open space existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required except as allowed by this title.
(4) The requirements of this title apply to the person undertaking a development or the user of a development and to the person’s successors in interest. [Ord. 514 § 1.50, 2001].
18.05.060 Development permits.
(1) Prior to the construction, reconstruction, addition to or change of use of a lot, or the installation or replacement of a mobile home on a lot, a development permit shall be obtained from the city. Within a flood hazard area, a development permit shall be required for all other development including mining, paving, excavation or drilling. A development permit shall be void after one year unless construction has commenced. The planning commission or its authorized agent may extend the permit for an additional period not to exceed one year upon written request.
(2) Development permits shall be issued by the city recorder or the authorized official for the city if one is designated by the city. The recorder or zoning official shall not issue a development permit for the improvement or use of land that has been divided or developed in violation of this title or any other city ordinance, regardless of whether the applicant created the violation, unless the violation can be rectified as part of the development. [Ord. 514 § 1.70, 2001].
18.05.070 Definitions.
“Access” means the right to cross between public and private property, allowing pedestrians and vehicles to enter and leave property.
“Access classification” means a ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government’s adopted plan for the roadway, subdivision of abutting properties, and existing level of access control.
“Access connection” means any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.
“Access management” means the process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed.
“Accessory use or structure” means a use or structure incidental and subordinate to the main use of the property, located on the same lot with the main use.
“Accessway” means a walkway that provides pedestrian and bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved, or marked in a manner that provides convenient access for pedestrians.
“Adjacent” means bordering, contiguous or neighboring.
“Alley” means a street through a block primarily for vehicular access to the back or side of property otherwise abutting on another street.
“Alter” means any change, addition or modification in construction or occupancy of a building or structure.
“Amendment” means a change in wording, context or substance of this title, or a change in the zone of district boundaries or subdistrict boundaries upon the zoning map.
“Amusement establishment (commercial)” means an establishment engaged in providing amusement or entertainment for a fee or admission, which may include structures and buildings where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
“Base flood” means the flood that has a one percent chance of being equalled or exceeded in any single year as designated by the flood insurance study and rate maps prepared by the Federal Insurance Administration for the city.
“Basement” means a portion of a building included between a floor with its level two feet or more below the level from which the height of the building is measured and the ceiling next above said floor.
“Bicycle” means a vehicle designed to operate on the ground on wheels, propelled solely by human power, upon which any person or persons may ride, and with two tandem wheels at least 14 inches in diameter. An adult tricycle is considered a bicycle.
“Bicycle facilities” is a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
“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:
(a) “Multi-use path” means a paved 10- to 12-foot-wide way that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users.
(b) “Bike lane” means a four- to six-foot-wide portion of the roadway that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
(c) “Shoulder bikeway” means the paved shoulder of a roadway that is four feet or wider; typically shared with pedestrians in rural areas.
(d) “Shared roadway” means a travel lane that is shared by bicyclists and motor vehicles.
(e) “Multi-use trail” means an unpaved path that accommodates all-terrain bicycles; typically shared with pedestrians.
“Building” means any structure having a roof intended for the support, shelter or enclosure of any persons, animals, property or business activity.
“Change in use” means any use which substantially differs from the previous use of a building or land.
“City” means the city of Pilot Rock, Oregon.
“City council” means the city council of the city of Pilot Rock, Oregon.
“Comprehensive plan” means the comprehensive plan of the city of Pilot Rock, Oregon.
“Conditional use” means an activity specified by this title as a principal or accessory use, permitted when authorized by the planning commission and/or city council.
“Corner clearance” means the distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.
“Cross access” means a service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to construction, installation or change of a building or other structure, land division, establishment or termination of a right of access, storage on the land, tree cutting, drilling and site alteration such as that due to land surface mining, dredging, grading, paving, excavation or clearing.
“Development permit” means written authorization on approved city forms that a development is in compliance with this title.
“Dwelling, multifamily” means a building containing three or more dwelling units.
“Dwelling, single-family” means a detached building containing one dwelling unit.
“Dwelling, temporary” means a dwelling without any foundation or footings and which can be removed when the designated time period, activity or use for which the temporary dwelling was erected or placed has ceased.
“Dwelling, two-family” means a detached building containing two dwelling units.
“Dwelling unit” means a self-contained unit of accommodation with one or more rooms including a kitchen designed as a unit for occupancy for the purpose of cooking, living, and sleeping by a group of people.
“Easement” means a grant of one or more property rights by a property owner to or for use by the public, or another person or entity.
“Eave” means the projecting lower edges of a roof overhanging the wall of the building.
“Existing use” means the use of a lot or structure at the time of enactment of the ordinance codified in this title (July 17, 2001).
“Family” means two or more persons related by blood, marriage, legal adoption or guardianship, living together as one housekeeping unit, using one kitchen, and providing meals or lodging to no more than two additional unrelated persons, excluding servants; however, up to five additional unrelated persons may be allowed in the case of a foster care home, licensed by an appropriate state or county agency, or a group of not more than five unrelated persons living together as one housekeeping unit, using one kitchen.
“Farming” or “farm use” means the use of land for raising and harvesting crops, or for the feeding, breeding and management of livestock, or for dairying, or for any other agricultural or horticultural use, or any combination thereof, including disposal of such products by marketing or otherwise. Farming also includes the use and construction of buildings customarily used in the above activities.
“Flood hazard area” means the relatively flat area or lowlands adjoining the channel of a river, stream, or watercourse or lake or, reservoir, which has been or may be covered by a base flood or intermediate regional flood.
“Flood insurance rate map” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the county.
“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary and floodway maps, and the water surface elevation of the base flood.
“Floodproofing” means a combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Floor area (gross)” means the total area of all floors of a building as measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, attached porches and balconies, excluding open court yards and vent shafts.
“Frontage road” means a public or private drive which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street.
“Functional area (intersection)” means that area beyond the physical intersection of two roads that comprises decision and maneuver distance, plus any required vehicle storage length.
“Functional classification” means a system used to group public roadways into classes according to their purpose in moving vehicles and providing access.
“Grade” means the average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.
“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line on a mansard roof, to the mean point between the eaves and highest gable of a pitched or hipped roof.
“Home occupation (business)” means accessory use of a dwelling, employing only the inhabitants of the dwelling, wherein the residential character of the dwelling is maintained. The occupation must be lawful and must be conducted in such manner that storage or display of merchandise, equipment or machinery is not visible from off the property on which the occupation is located, and the occupation may not infringe upon the right of neighboring residents to enjoy the peaceful occupation of their dwelling.
“Intermediate regional flood” means the flood that has a one percent chance of being equalled or exceeded in any single year as designated by the floodplain information reports prepared by the U.S. Army Corps of Engineers.
“Landscaping” means changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. Landscaping requirements are included in this title for a number of reasons. They preserve natural features of a site for ecological and environmental reasons. They make land more attractive for residential and other uses. They can screen from view unattractive uses such as junkyards, parking lots, or gravel pits. And they can act as buffers, visually separating different types of uses.
“Loading space, off-street” means space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
“Lot” means a unit of land that is created by a subdivision of land. A parcel, tract, or area of land whose boundaries have been established by some legal instrument, which is recognized as a separate legal entity for purposes of transfer of title, has frontage upon a public or private street, and complies with the dimensional requirements of this code.
“Lot area” means the total area within the boundary lines of the lot.
“Lot, corner” means a lot abutting on two or more intersecting streets, other than alleys, where the angle of intersection of the streets does not exceed 135 degrees.
“Lot depth” means the average distance measured from the front lot line to the rear lot line.
“Lot frontage” means that portion of a lot extending along a street right-of-way line.
“Lot line” means the boundary line of a lot.
“Lot line, front” means the line separating the lot from the street other than an alley or the nearest line to the public street. In the case of a corner lot, the shortest lot line along a street other than an alley.
“Lot line, rear” means the boundary line opposite and most distant from a front lot line. In the case of an irregular, triangular, or other nonrectangular lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
“Lot line, side” means any lot line not a front or rear lot line.
“Lot width” means the mean horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
“Mobile home” means a structure designed or used for residential occupancy dependent upon external utility connections and built upon a frame or chassis to which wheels may be attached by which it may be moved upon a highway, irrespective of whether or not such structure has, at any given time, such wheels attached or is supported upon posts, footings or a foundation. A mobile home must contain separate bathroom, kitchen, living and sleeping areas. A mobile home located in Pilot Rock other than in an approved mobile home park must comply with the standards listed in Chapter 18.60 PRMC.
“Mobile home park” means a place where four or more mobile homes 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.
“Modular home” means a sectional or factory-built house built to meet the housing standards of the Oregon Department of Commerce, designed to be affixed to real property on a permanent foundation.
“Neighborhood activity center” means an attractor or destination for residents of surrounding residential areas. Includes, but is not limited to, existing or planned schools, parks, shopping areas, transit stops, and employment areas.
“Nonconforming access features” means features of the property access that existed prior to the date of adopting the ordinance codified in this title and do not conform with the requirements of this title.
“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
“Owner” means the owner of record of real property as shown in the records of the county assessor, or the registered agent of such owner.
“Parcel” means a division of land comprised of one or more lots in contiguous ownership.
“Parking space” means a nine-foot by 20-foot area having access to a public street, used or intended to be used for parking of a vehicle.
“Pedestrian facilities” is a general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, accessways, crosswalks, ramps, paths, and trails.
“Planning commission” means the planning commission of the city of Pilot Rock.
“Plat” means an exact and detailed map of the subdivision of land.
“Principal use” means the primary or predominant use which the property is or may be devoted and to which all other uses on the premises are necessary.
“Private road” means any roadway for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties.
“Public hearing” means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
“Public notice” means an advertisement of a public hearing in a newspaper of general circulation in the county indicating the time, place, and nature of the public hearing. Public notices may be advertised, in addition to a newspaper of general circulation, in other media forms such as radio or television.
“Public road” means a road under the jurisdiction of a public body that provides the principal means of access to an abutting property.
“Public use” means building or use such as a city hall, fire station, city shop, school, community center, park, and similar uses.
“Reasonable access” means the minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this title and any applicable plans and policies of the city.
“Reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.
“Recreational camps or resorts” means an area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon payment of a fee.
“Recreational vehicle” means a vehicle that is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; and (c) designed to be self-propelled or permanently towed by a light duty truck.
“Recreational vehicle (or travel trailer) park” means a lot which is operated on a fee or other basis as a place for the parking of occupied recreational vehicles.
“Right-of-way” means land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility, or other public purpose.
“Safe and convenient” means bicycle and pedestrian routes that:
(a) Are reasonably free from hazards; and
(b) Provide a reasonably direct route of travel between destinations, considering that the optimum travel distance is one-half mile for pedestrians and three miles for bicyclists.
“Semipublic use” means a building or use such as a church, hospital, sanitarium, rest home, nursing or convalescent home, utility structure, and similar uses.
“Setback” means the open yard space on a lot between any building and a lot line or a line defining an access easement or road right-of-way.
“Sidewalk” means a pedestrian walkway separated from a road, with or without a curb, constructed of a durable hard surface, usually concrete.
“Sight-obscuring fence” means a solid fence or a slat fence at least six feet in height that completely obscures vision.
“Sight-obscuring planting” means a dense perennial evergreen planting with sufficient foliage to obscure vision and which will reach an average height of at least six feet within 30 months after planting.
“Sign” means an identification, description or device which directs attention to a product, place, activity, person, institution or business, and which is affixed to or represented upon a building, structure or land. Each display surface of a sign structure shall be considered a separate sign.
“Significant change in trip generation” means a change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding:
(a) Local. Ten percent more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under local jurisdiction; or
(b) State. Exceeding 25 percent more trip generation (either peak or daily) and 100 vehicles per day more than the existing use for all roads under state jurisdiction.
“Street” means a public right-of-way for the use of pedestrian or vehicular traffic.
“Stub-out (stub street)” means a portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.
“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
“Urban growth area” means that land between the incorporated limits of the city and the urban growth boundary.
“Urban growth boundary” means the boundary designated in the city’s comprehensive plan which identifies and separates urbanizable land from rural land.
“Utility facility” means any major structure owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution or processing of its productions or for the disposal of cooling water, waste or byproducts, and including power transmission lines, major trunk pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding sewer, water, gas, telephone and power local distribution lines and similar minor facilities allowed in any zone.
“Variance” means a device which grants a property owner relief from certain provisions of this title when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces, or to increase the permitted size of a sign.
“Walkway” means a hard-surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title. Unless otherwise provided in this title, “paving” is defined as an obstruction.
“Yard, front” means that yard lying between the front lot line and the front of the building.
“Yard, rear” means that yard lying between the rear lot line and the rear of the building.
“Yard, side” means that yard lying between the front and rear yards, between the building and the side lot line. [Ord. 592 § 1, 2022; Ord. 574, 2016; amended during 2011 codification; Ord. 514 § 1.70, 2001].