Chapter 17.16
GENERAL AND LAND USE DEFINITIONS

Sections:

17.16.010    General and land use definitions.

17.16.010 General and land use definitions.

Words used in this Development Code have their normal dictionary meaning unless they are listed below. Words listed below have the specific meaning stated, unless the context clearly indicates another meaning.

The definition of words with specific meaning in the Development Code are as follows:

“Abandonment” means the relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

“Abut/abutting” means adjacent/adjoining or contiguous; to physically touch or border upon; or to share a common property line.

“Accept” means to receive as complete and in compliance with all submittal requirements.

“Access” means a way or means of approach to provide physical entrance to a property.

“Accessory building” means a detached subordinate building, the use of which is clearly incidental to that of the main building or to the main use of the land and which is located on the same tract with the building or use.

Accessory Dwelling Unit. See “auxiliary or accessory dwelling unit.”

“Accessory structure” means a structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure. Accessory structures may be attached or detached from the primary structure.

“Accessory use” means a use or activity which is a subordinate part of a primary use and which is clearly incidental to a primary use on a site.

“Addition” means a modification to an existing building or structure which increases the site coverage.

“Administrative action” means a quasi-judicial action, including: (a) an action conducted pursuant to a portion of the St. Helens Community Development Code in which the legal rights, duties, or privileges of specific parties are determined, and any appeal or review therefrom; (b) a comprehensive plan map change for a small tract of land; or (c) any other proceedings as provided by ordinance, rule, or resolution adopted by the council.

“Administrator” means the city administrator of St. Helens, Oregon, or a duly authorized representative.

Adult Entertainment. See SHMC 17.100.150.

“Adult foster home” means any private or public institution maintained and operated for the care, boarding, housing or training of five or fewer physically, mentally or socially handicapped or delinquent, elderly or dependent persons by any person who is not the parent or guardian of, and who is not related by blood, marriage or legal adoption to, such persons and excluding foster care of children; same use as “dwelling unit.” See “residential home.”

“Advance financing district” means a financing district established by the St. Helens city council to reimburse the developer by future and intervening property in accordance with St. Helens Ordinance 2642.

“Agricultural building” means a structure located on a farm and used in the operation of such farm for the storage, maintenance or repair of farm machinery and equipment or for the raising, harvesting and selling of crops or in the feeding, breeding management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees, or for dairying and sale of dairy products or any other agricultural or horticultural use, or animal husbandry or any combination thereof, including the preparation and storage of products raised on such farm for man’s use and animal use and disposal by marketing or otherwise.

“Agricultural sales” means sale of feed, grain, fertilizers, pesticides, and similar goods. Typical uses include nurseries, hay, feed, and grain stores.

“Agricultural services” means establishments or places of business engaged in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include tree and lawn service firms.

Agriculture. See “farm use,” “forest use.”

“Aisle” means the traveled way by which vehicles enter and depart parking spaces.

“Alteration” means a change in construction or a change of or in occupancy classification. When the term is applied to a change in construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of or in occupancy from one trade or use to another or from one division of trade or use to another. Applied to land it means grading in excess of 10 cubic yards of land or removal of live, healthy trees in excess of six inches in diameter at four feet high.

“Amendment” means a change in the wording, context, or substance of this code or the comprehensive plan, or a change in the boundaries of a district upon the zoning district map or the boundaries of a designation on the comprehensive plan map.

“Amusement services” means establishments engaged in providing amusement or entertainment for a fee or admission charge and including such activities as dance halls; studios; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated games; amusement parks; amusement and bathing beaches; riding academies; carnival operations; expositions; game parlors and horse shows.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. See “animal sales and services, veterinary.”

“Animal kennel” means any structure or premises in which animals are kept, boarded, bred or trained for commercial gain. See “animal sales and services.”

“Animal sales and services” means establishments or places of business primarily engaged in animal-related sales and services. The following are animal sales and services use types:

“Animal sales and services, grooming” means grooming of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops.

“Animal sales and services, kennels” means kennel services for dogs, cats, and similar small animals. Typical uses for a business venture include boarding kennels or dog training centers.

“Animal sales and services, retail” means pet stores that include both live animals for sale and related retail items.

“Animal sales and services, veterinary (large animals)” means veterinary services for large animals. Typical uses include animal hospitals for large animals (horses, sheep) or veterinary hospitals for large animals. Small animals may be included as well.

“Animal sales and services, veterinary (small animals)” means veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals for small animals.

“Annexation” means the incorporation of a land area into St. Helens with a resulting change in the boundaries.

Apartment Unit. See “dwelling: multidwelling unit, apartment (multifamily).”

“Applicant” means a person submitting an application for development.

“Application” means materials submitted as required by this code.

“Approval authority” means the agency, board, group or other legally designated individual or authority, such as director, planning commission, or city council, which has been charged with review and approval of plans and applications.

Arcade. See “amusement services.”

“Archaeological site” means land or water areas which show evidence or artifacts of human, plant, or animal activity, usually dating from periods of which only vestiges remain.

Assisted Living. See “congregate housing.”

“Attached housing” means two or more primary buildings placed side by side, so that some structural parts are touching one another, located on a lot or portion thereof.

“Auto wrecker yard” means any property where two or more motor vehicles are not in running condition, or the parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles or the parts thereof. See “junkyard.”

“Automobile service station” means any building, land area or other premises, or portions thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories (also “service station” or “gasoline station”).

Auxiliary or Accessory Dwelling Unit. See “Dwelling, auxiliary or accessory.”

“Awning” means a roof-like cover that is temporary in nature and that projects from a wall of a building for the purpose of shielding a doorway or window from the elements.

“Balcony” means a projection from a house not touching the ground.

“Bar” means a structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages by the drink. (In developing zoning regulations to regulate bars, a distinction is often made between bars that have live entertainment and those that do not. Those with live entertainment require considerably more parking and additional setbacks because of noise. Many bars also possess licenses which permit them to sell bottled goods. This is usually accessory to the principal use of dispensing liquor by the drink.)

“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.”

“Base flood elevation” means the highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.

“Basement” means a space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground with a floor-to-ceiling height of not less than six feet, six inches.

Bed and Breakfast. See “homestay.”

“Bike path” means a way designed for and improved with a hard surface, and signed for use by bicycle traffic.

“Boarding home or house” means a building or premises within which the owner or the owner’s agent resides full-time, where meals and lodging are offered for compensation for not more than three persons. See “lodging facilities.”

“Boat dock” means a structure built along the shore of a river, lake, canal, or navigable stream for use by boats for moorage and loading and unloading passengers and materials.

“Boathouse” means any structure supported wholly or partially by flotation, used wholly or partially to houseboat(s).

“Broadcasting facility” means a facility in which radio frequency signals are transmitted and/or received for establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Typical uses include television studio, telecommunication service center, telegraph service office, or Internet service center.

“Buildable lot” means a lot which meets the area and dimensional requirements of the underlying zone and is not constricted by hazards or significant resources protection. (See OAR 660-04-000.)

“Building” means any structure having a roof supported by columns or walls and intended to shelter, house, or enclose any individual, animal, process, equipment, goods, or materials of any kind or nature. An element of time is also included in this definition.

“Building envelope” means that portion of a lot or development site exclusive of the areas required for front, side, and rear yards and other required open spaces and which is available for siting and constructing a building or buildings.

“Building height” means the vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof.

“Building line” means a line that coincides with the front side of the main building, exclusive of eaves. Porches, but not steps, and any other attached appurtenances (things attached to the house) shall be included as part of the main building.

“Building maintenance services” means the provision of maintenance and custodial services. Typical uses include janitorial, landscape maintenance, or window cleaning services.

“Building official” means an individual designated by the appointing authority to enforce the provisions of the building code.

“Building supplies” means those products sold in retail and wholesale for use in construction industry or repair/remodel of homes.

“Business equipment sales and services” means establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional, and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms.

“Business support services” means establishments primarily engaged in the provision of service of a clerical, employment, protective, or minor processing nature to firms rather than individuals and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint services.

“Campground” means a plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

Car Wash. See “motor vehicle cleaning.”

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

“Carry-out restaurant” means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries.

“Certificate of compliance” means a certificate issued by the city for use of land, not including buildings.

“Certificate of occupancy” means a required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.

“Child care facility” means a commercial establishment enrolling children under the age of 13 years and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center (also “day care,” “children’s center,” “day nursery”).

“Church (religious institution)” means a building constructed or utilized primarily for worship, and buildings where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain worship (also “religious assembly”).

“Clear vision area” means an area which consists of a triangular area, two sides of which are lot lines measured from the corner intersection of the access point lot lines, for a distance specified in this code.

“Clinic” means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

“Club facility” means a building or structure in which a group of people organizes for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, and holds regular meetings (e.g., lodges, social clubs, veterans organizations, etc.).

“Commission” shall mean the city of St. Helens planning commission.

“Community building” means a building operated by the public or a nonprofit group, neighborhood, or association for public assembly and similar uses. Examples of a community building are a senior center or arts center.

“Community recreation facility” means a facility for a local neighborhood (e.g., swimming pool) not associated with a park.

“Compatibility” means efficient and orderly integration of housing types in an harmonious combination.

“Complex” means a building or group of buildings developed on one lot of record or adjacent lots of record under one ownership.

“Conditional use” means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the planning board.

“Condominium” means a building, or group of buildings, in which units are owned individually, and the structure, common area, and facilities are owned by all the owners on a proportional, undivided basis. (By definition, a condominium has common areas and facilities and there is an association of owners organized for the purpose of maintaining, administering, and operating the common areas and facilities. It is a legal form of ownership of real estate and not a specific building style. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior, and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction. The common elements usually include the land underneath and surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major utility systems, the interior areas between walls, the public interior spaces, exterior walls, streets and recreational facilities.) See “dwelling: multidwelling unit, apartment (multifamily).”

“Condominium unit” means a part of land which has had all buildings, improvements, structures, easements, rights, and appurtenances submitted to the provisions of ORS 100.005 to 100.627 and 100.990 consisting of a building or one or more rooms of a building intended for any type of independent ownership, the boundaries of which are described pursuant to ORS 100.105(1)(d), and with a direct exit to a public street, highway, or common area leading to a public street or highway.

Congregate Care Facility. See “congregate housing” and “continuing care retirement community.”

“Congregate housing” means a structure containing two or more dwelling units or living units providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance. Congregate housing provides a residential environment for the elderly who may be functionally impaired or socially isolated, but otherwise in good health. The residents can maintain a semi-independent lifestyle and do not require more intensive care as provided in an intensive care facility such as a nursing home (also “boarding home for sheltered care” or “group residential”).

“Conservation easement” means an easement normally precluding future or additional development of the land.

“Construction sales and services” means establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.

Container. As opposed to “building,” it is a structure intended to contain, enclose or hold item(s) but generally not permanently placed.

“Contiguous” means next to, abutting, or touching and having a boundary, or portion thereof, which is coterminous. (Notwithstanding this definition, for purposes of annexation, this term shall have the meaning set forth in ORS Chapter 222 and case law interpreting same.)

“Continuing care retirement community (CCRC)” means multiple types of senior living within single or multiple buildings or structures within a campus-like environment managed by a provider that agrees to furnish continuing care to a resident under a residency agreement or other type of service agreement. As established in the provisions of ORS 101.020. The continuing care retirement community includes independent, congregate care, assisted living, residential care, Alzheimer’s/dementia and skilled nursing care.

“Council” means the city council of St. Helens, Oregon.

“Court” means any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building.

“Cul-de-sac” means the turnaround at the end of a dead-end street (includes hammerhead and dead-end road ends).

“Cycle tracks,” also known as separated bicycle facilities, means an exclusive bikeway separated from vehicle travel lanes, parking lanes and sidewalks by a curb, landscaping area or other barrier. A cycle track can be one- or two-way in direction and can be even with the street, the sidewalk, or somewhere between. Intersections of cycle tracks and roadways require crossing treatments that are well marked and highly visible to vehicles and cycle track users.

“De novo” means that the proceeding will be held anew, without deference to any prior record or rulings.

“Deck” means a nonenclosed platform (excluding above-grade entry walkways) constructed on the ground (as per the applicable building code as administered by the building official) and attached to the main building.

“Dedication” means the act of permanently devoting (i.e., offer acceptance) a portion of private land to a public purpose such as road right-of-way or a public park.

“Density” means the number of countable units (e.g., families, individuals, dwelling units, or housing structures) per unit of land area.

“Detached housing, building” means the opposite of “attached housing.”

“Developing area” means an area which is included in the city’s buildable land inventory under the provisions of OAR 660-04-000.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, land clearing, grading, paving, excavation, or drilling operations, but not including maintenance such as grass mowing or planting, vegetation control, removal of noxious plants or nonnative vegetation, tree thinning for fire control or diseases, and removal of dangerous trees or materials.

“Development site” means a lot or combination of lots upon which development is proposed or exists.

“Director” means the planning director of St. Helens, Oregon, or authorized agent.

“Disability” means a physical or mental impairment, including blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness, that substantially limits one or more of a person’s major life activities, such as seeing, walking, hearing, breathing, performing manual tasks, caring for one’s self, learning, speaking or working.

“Division of land” means the process of dividing a tract, lot, or parcel into two or more lots or parcels by subdividing or partitioning.

“Drainageway” means undeveloped land inundated during a 25-year storm with a peak flow of at least five cubic feet per second and conveyed, at least in part, by identifiable channels that either drain to the Columbia River directly or after flowing through other drainageways, channels, creeks, or floodplain.

“Drive-through restaurant” means an eating and drinking establishment organized so that motorists may order and pick up orders without the necessity of leaving the vehicle.

“Drive-up” means any establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. Drive-up uses shall not include automobile service stations.

“Driveway” means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure on a property.

“Drop box, trailer, or structure of similar function” means a drop-box, truck trailer or structure of similar function intended for the collection of such things as newspaper, household goods, clothes, cardboard, and other items.

Duplex. See “dwelling: duplex or two units (two-family).”

“Dwelling, attached: single unit” means two to five dwelling units in a single row with common walls and separate lots (also “row house”).

“Dwelling, auxiliary or accessory” means an interior dwelling unit or attached or detached residential dwelling unit structure that is used in connection with, or that is accessory to, a detached single-family dwelling unit (principal dwelling) and is located on the same lot or parcel as the principal dwelling. Ordinance No. 3264 allows a second detached single-family dwelling or duplex on any lot that allows detached single-family dwellings as a permitted use. An allowed second dwelling unit is a principal use and may also be considered an auxiliary or accessory dwelling unit.

“Dwelling, detached: single unit (one-family)” means one dwelling unit, freestanding and structurally separated from other dwelling units or buildings, located on a lot.

“Dwelling: duplex or two units (two-family)” means two dwelling units placed so that some structural parts are in common and are located on a single lot or development site. No more than two units may be joined by common wall.

“Dwelling: multidwelling unit, apartment (multifamily)” means a structure containing at least three dwelling units in any vertical or horizontal arrangement located on a single lot (e.g., town-house, triplex, apartments and condominiums).

“Dwelling unit” means one or more rooms designed for occupancy by one or more persons for living purposes providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Easement” means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

“Eating and drinking establishment” means establishments or places of business primarily engaged in the sale of prepared food and beverages for on-premises consumption. See “restaurant.”

“Effective date of decision” means the date the final decision is made. In the case of land use decisions or limited land use decisions see SHMC 17.24.300. For legislative decisions see SHMC 17.20.150 and 17.20.155. Ministerial decisions are final at the time they are made.

“Egress” means an exit.

Elderly. See “seniors.”

“Elderly or convalescent care facility” means a living facility, licensed by the state of Oregon, that provides specialized care (such as meals, housekeeping and personal care assistance), supervision, treatment or training, or a combination of these services, for the elderly or for persons requiring daily nursing or medical care or supervision. This definition includes, but is not limited to, congregate housing, continuing care retirement community, extended care facility, long-term care facility, and nursing or convalescent homes, but does not include residential facility.

Entertainment, Adult. See SHMC 17.100.150.

“Equipment (heavy) sales and rental” means sale, retail or wholesale, and/or rental from the premises of heavy construction equipment and trucks together with incidental maintenance.

“Equipment (light) sales and rental” means sale, retail or wholesale, and/or rental from the premises of autos, noncommercial trucks, motorcycles, motor homes, and trailers with less than a 10,000-pound gross cargo weight together with incidental maintenance.

“Equipment (small) sales, rental and repair” means sale, retail or wholesale, and/or rental from the premises of trailers, lawn equipment, house maintenance and repair equipment, etc.

“Erect” means the act of placing or affixing a component of a structure upon the ground or upon another such component.

“Established area” means an area where land is not classified as buildable under OAR 660-07-000, etc.; see Chapter 17.112 SHMC.

“Excavation” means the removal, placement, or replacement of earth or manmade materials as necessary to facilitate development of buildings and/or infrastructure, not including natural mineral resources development.

When a property or a portion of it is predominately composed of rock, removal of more rock than the minimum necessary to facilitate development shall be considered “mining and/or quarrying.”

“Extended care facility” means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. See “long-term care facility” and “nursing or convalescent home.”

“Family” means one or more individuals occupying a dwelling unit and living as a single household unit.

Family Day Care Facility. See “home child care.”

“Farm use” means the current employment of the land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or by the feeding, breeding, management, and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees, or for dairying and the sale of dairy products, or any other agricultural or horticultural use or animal husbandry, or any combination thereof and includes the preparation and storage of products raised on such land for human use and disposal by marketing or otherwise.

“Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

“Fill” means placement of 11 or more cubic yards of any soil, sand, gravel, clay, mud, debris, and refuse, or any other material, organic or inorganic.

“Final action” means a determination reduced to writing, signed, and filed by the appropriate approval authority (also “final order,” “findings of fact” and “conclusions of law”).

“Findings” means a written statement of the facts determined to be relevant by the approval authority as the basis for making its decision. The approval authority applies the relevant facts to the approval criteria or standards in order to reach its decision.

“Flag lot” means a lot located behind a frontage lot, plus a strip out to the street for an access drive. A flag lot results from the subdivision or partitioning of a lot or parcel which is not less than twice as large as the minimum allowed in the underlying zone, but without sufficient frontage to allow two dwellings to front along a street. There are two distinct parts to a flag lot: the flag which comprises the actual building site located at the rear portion of the original lot, and the pole which provides access from a street to the flag. See figure below.

“Fleet storage” includes vehicles parked more than 24 hours at any one time and in an exclusive area for employee or business vehicles on property and in an area designated for parking by this code.

“Flood fringe area” means the area of the floodplain lying outside of the floodway.

Floodplain. See Chapter 17.46 SHMC.

“Floor area” means the gross horizontal area, under roof, of all floors of a building, measured from the exterior walls, excluding vents, shafts, courts, and space devoted to off-street parking. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

“Floor area ratio” means the gross floor area of all buildings on a lot divided by the net buildable (or development) lot area. See SHMC 17.56.020(1).

“Forest use” means the production of trees and the processing of forest products within a forest boundary.

“Freight terminal” means an area and/or building where cargo is transferred and where trucks load and unload cargo on a regular basis.

Front Lot Line. See “lot line – front.”

Front Yard. See “yard – front.”

“Frontage” means the property line fronting on one side of a street between intersecting or intercepting streets or between a street and a right-of-way, waterway, and/or dead-end street, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

“Frontage improvements” means any improvement within the right-of-way along the frontage of a parcel of land, including but not limited to construction or widening of travel lanes, on-street parking areas, sidewalks, bicycle lanes, multi-use paths, landscaping strips, street trees, storm water treatment facilities, or other utilities located within the right-of-way.

“Funeral home” means a building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.

“Garage, private” means a covered structure designed to provide shelter for vehicles, and which is accessory to a use in these structure types: houses, attached houses, duplexes, mobile homes, or houseboats. Carports are considered garages. Covered floor area adjacent to the space designed to provide shelter for vehicles, if not entirely separated from the garage area by floor-to-ceiling walls, is considered part of the garage. A garage may be attached to or detached from another structure. Floor area is that area supported or under cover only (also “structured parking”).

“Garage, public” means a publicly or privately owned structure having one or more stories, used for the parking of motor vehicles, and open for use by the general public, either free or for remuneration.

“Garage, repair” means any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

“Grade” means the degree of rise or descent of a sloping surface.

“Grade – natural” means the elevation of the ground surface in its natural state before manmade alterations.

“Grading” means any stripping, gutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.

Handicap. See “disability.”

“Hazardous (household) waste depot” means a depot intended to receive, classify, then transfer elsewhere hazardous wastes that are typically found in a household such as paint, motor oil, household cleaners and solvents, etc.

“Hazardous materials” are those materials as defined in OAR 340-142-0005(9).

“Hazardous waste storage or processing site” means ultimate storage or processing of hazardous materials.

“Home child care” means any care provider who provides care to children under the age of 13 years in the home of the provider to fewer than 13 children, including children of the provider, regardless of full-time or part-time status (also “family day care”).

“Home, convalescent” 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 two 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. See “nursing or convalescent home.”

“Home occupation” means any activity carried out for gain by a resident, conducted as an incidental use in the resident’s dwelling unit.

“Homeowners association” means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a planned development or other described land area is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property.

“Homestay” means overnight accommodation in a private home with one or two rooms providing a morning meal to paying guests. Homestays are only allowed in the primary residence.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

“Hotel” means a building or group of buildings used for transient residential purposes containing rental units which are designed to be used, or which are used, rented or hired out for sleeping purposes. The facility could provide additional services such as restaurants, meeting rooms, and recreation facilities (also “inn,” “motel”).

Houseboat. See floating structures ordinance, part of St. Helens building code (Chapter 15.16 SHMC). (“Floating home”: house on floats, like a boat.)

“Household” means as defined by the I.R.S. or the Census Bureau.

“Impervious surface” means any hard surface or manmade material which reduces and prevents absorption of storm water into previously undeveloped land.

“Implementing ordinance” means an ordinance adopted to carry out the comprehensive plan.

“Improvement” means any manmade, immovable item which becomes part of, placed upon, or is affixed to real estate.

“Incomplete application” means an application that does not address each element required by the form and the Development Code and/or is not accompanied by the fee.

“Industrial park” means a tract of land that has been planned, developed and operated as an integrated facility for several individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

“Infill” means development of vacant land which is substantially surrounded by other developed properties.

“Intermediate care facility” means a facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services (above the level of room and board) which can be made available to them only through institutional facilities such as these. See “long-term care facility” and “nursing or convalescent home.”

“Irregular lot” means a lot in which the front and rear lot lines are not parallel.

“Junk” means any scrap, waste, reclaimable materials or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.

“Junkyard” means the use of the area of any tract of land for the dismantling or “wrecking” of automobiles or other vehicles or machinery or for the storage or keeping of the parts or equipment resulting from such dismantling or “wrecking” or for the storage or keeping of junk including scrap metals or other scrap material.

“Laboratory” means a facility equipped to conduct scientific experiments or tests or to manufacture chemicals, medicines, or the like.

“Land use decision” means a final decision or determination made by the approval authority that concerns the adoption, amendment, or application of: (a) the statewide planning goals, (b) a comprehensive plan provision, (c) a land use regulation, or (d) a new land use regulation. See ORS 197.015 for more definition.

“Laundry services” means establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as “personal services.” Typical uses include commercial laundry agencies, diaper services, or linen supply services, but excluding laundromats and dry cleaners where listed.

“Legislative” means any proposed action which would result in a change in city policy including: (a) a change to the comprehensive plan text; (b) a change to the comprehensive plan map which involves a number of parcels of land; (c) a change to the text of an implementing ordinance; (d) a change to the zoning map which involves a number of parcels of land; and/or (e) a change to any land use plan or map which represents a change in city land use policy.

“Limited land use decision” means a final decision or determination made by a local government pertaining to a site within an urban growth boundary and concerns: (a) approval or denial of subdivision or partition; and/or (b) approval or denial of an application based upon discretionary standards designed to regulate the physical characteristics of a use permitted outright.

“Living unit” means, in assisted living facilities, residential facilities, and congregate care facilities, a room, apartment, cottage, or other area set aside for the use of a resident or residents.

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

“Local improvement district” means a geographic area created by the local government to which some improvement is proposed and those benefitting are responsible for it.

“Lodging facilities” means a building or premises within which the owner or the owner’s agent resides full-time, where meals and lodging are offered for compensation for three or more persons but not more than nine persons. See “boarding home or house.”

“Long-term care facility” means an institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption. See “extended care facility,” “intermediate care facility” and “nursing or convalescent home.”

“Lot” means a single unit of land that is created by a subdivision of land.

“Lot, corner” means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, except for flag lots.

Lot, Flag. See “flag lot.”

“Lot line” means the property line bounding a lot.

“Lot line – front” means, in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street (except for flag lot).

“Lot line – rear” means the side that parallels the front of the lot/parcel, or in the case of an irregular lot/parcel, the rear shall be determined by drawing a line 10 feet in length parallel to the front property line between two side lines.

“Lot line – side” means the sides of the lot/parcel not labeled as the front or rear.

“Lot, through” means a lot that has frontage on two parallel or approximately parallel streets.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the lot depths at a point midway between the front and rear lot lines.

“Manufactured dwelling” means a residential trailer, mobile home, or manufactured home, but not including any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 through 455.450 or any unit identified as a recreational vehicle by the manufacturer.

“Manufactured dwelling (mobile home) park” means any place where four or more manufactured dwellings (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.

“Manufactured home” means a structure constructed for transport on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for permanent residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction.

“Manufacturing” means an establishment engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. The term “manufacturing” covers all mechanical or chemical transformations, whether the new product is finished or semifinished as raw material in some other process. Manufacturing production usually is carried on for the wholesale market rather than for direct sales. (Processing on farms is not classified as manufacturing if the raw material is grown on the farm. The manufacturing is accessory to the major use of farming.)

“Marijuana” means all parts of a plant species of the genus Cannabis, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include: the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake; or the sterilized seed of the plant which is incapable of germination.

“Marijuana extract” means a product obtained by separating resins from marijuana.

“Marijuana items” means marijuana, marijuana products, and marijuana extracts.

“Marijuana products” means products that contain marijuana or marijuana extracts and are intended for human consumption.

“Marijuana retailer” means a facility that sells marijuana items to a consumer in this state as licensed by the Oregon Liquor Control Commission.

“Marina” means a facility providing moorage for boats and related repair and supply services.

“Medical marijuana dispensary” means a facility that is registered with the Oregon Health Authority and that sells, distributes, transmits, gives, dispenses or otherwise provides marijuana items to a person with a registry identification card.

Mini Mall. See “shopping center” and “shopping plaza.”

“Mini storage” means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

“Mining and/or quarrying” means the extraction of minerals including: solids, such as sand, gravel, rock, coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine site or as part of a mining activity.

Also see “excavation.”

“Ministerial decision” means a decision that is not a land use decision or a limited land use decision.

“Mobile home” means a structure constructed for transport on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for permanent residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Modular home” means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, able to meet the applicable building code as administered by the building official.

“Moratorium” means the legally authorized delay of new construction or development, usually based on the lack of adequate capacity for public facilities such as roads, sewer and water systems.

Motel. (Also “tourist home” or “transient lodging.”) See “hotel” or “resort.”

Motion Picture Theater. See “theaters.”

“Motor vehicle cleaning” means any commercial or industrial building or premises or portions thereof used for washing motor vehicles. Automotive cleaning means washing and polishing of automobiles. Typical uses include auto laundries or car washes and detailing establishments (also “detailing”).

Motor Vehicle Repair. See “garage, repair.”

“Heavy equipment” means repair of trucks, etc., as well as the sale, installation, or servicing of truck or automotive equipment and parts together with body repairs, painting, and steam cleaning. Typical uses include truck transmission shops, body shops, or motor freight maintenance groups.

“Light equipment” means repair of automobiles and the sale, installation, and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, or auto glass shops.

“Motor vehicle sales” means the use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service.

Multi-Use Path. See “shared-use path.”

Multifamily Dwelling. See “dwelling: multidwelling unit, apartment (multifamily).”

“Net buildable area of a lot” means the area of the lot excluding those features or areas which this Development Code excludes from the calculations.

“Nonconforming lot” means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision, or amendment of this code, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

“Nonconforming structure” means a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this code, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

“Nonconforming use” means a use not currently allowed in the underlying zoning district but which was legal prior to adoption of the ordinance codified in this code.

“Nurseries” means the propagation of trees, shrubs, vines or flowering plants for transplanting, sale, or for grafting or budding; planting of seeds or cuttings; grafting and budding one variety on another; spraying and using of plants to control insects and diseases; and buying and selling the above plant stock at wholesale or retail.

“Nursing or convalescent home” means a home, place or institution or part thereof in which convalescent and/or chronic care is rendered to two or more patients in exchange for compensation. Convalescent and/or chronic care includes, but is not limited to, the procedures commonly employed in nursing and caring for the sick; persons who are acutely ill or are surgical or maternity cases are excluded; qualified personnel and a consulting physician are available at all times; and isolation facilities are provided. See “home, convalescent.”

Occupancy Permit. See “certificate of occupancy.”

“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.

“Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

“Opponent” means one testifying against a proposal.

“ORS” means Oregon Revised Statutes.

“Outdoor storage” means the keeping, in an unroofed area, of any goods, junk, inoperable vehicles, material, or other merchandise, or vehicles in the same place for more than 24 hours.

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

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

“Park” means a tract of land designated and generally used for active and passive recreation.

“Parking area” means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

“Parking area, private” means a parking area for the private use of the owners or occupants of the lot on which the parking area is located.

“Parking area, public” means a parking area available to the public, with or without compensation, or used to accommodate clients, customers, or employees.

“Parking lot” means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.

“Parking space” means a space for the parking of a motor vehicle within a public or private parking area.

“Parkway” means that portion of street right-of-way lying between the curb line of the improved roadway and the adjacent private property line.

“Partition land” means division of an area or tract of land into two or three parcels or creation of street/road 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. Partitioning land does not include: (a) divisions of land resulting from lien foreclosures, foreclosures of recorded contracts for the sale of real property, and creation of cemetery lots; (b) 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 an applicable zoning ordinance; or (c) the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner.

“Pathway” means a public or private right-of-way for pedestrian or nonmotorized traffic.

“Pawn shop” means a facility operating as a licensed pawnbroker in accordance with ORS 726.010 through 726.990.

Permanent. For purposes of this code, “permanent” means anything not specifically limited in duration as a condition.

“Permit” means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

Person. The term “person” shall mean and include any natural person, copartnership, association or corporation, whether he, she, or it is acting for himself, herself, or itself, or as servant, employee, agent, or representative of another. The singular number shall include the plural and the plural the singular.

“Personal services facilities” means an establishment primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature but excludes services classified under spectator sports and entertainment facilities, participant sports, and recreation or transient lodging. Typical uses include photography studios, driving schools, and trade schools, or reducing salons.

“Planned development” means a physical development which is planned and designed to integrate residential uses with accessory and associated uses to achieve particular design objectives and to make provisions for common areas, open spaces, utilities, and public and private streets.

“Plat” means the final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision or partition of which the subdivider submits for approval and intends in final form to record.

“Plug/residential strip” means a small section of land used to restrict uncontrolled access to a public right-of-way.

“Primary or principal use” means an activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use in accordance with specific provisions of this code.

“Principal building” means a structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory structure is generally determined by comparing the size, placement, similarity of design, use of common building materials, and the orientation of the structures on a site.

“Professional services” means establishments primarily used for the provision of professional, executive, management, or administrative offices, legal offices, architectural or engineering firms, or real estate firms.

“Property line” means the artificial boundary which marks the confines of and forms the imaginary line of division between two contiguous separately owned and/or legally recorded parcels of land.

“Proponent” means a person testifying in favor of a proposal.

“Public facility, major” means any public service improvement or structure developed by or for a public agency that is not defined as a minor public facility.

“Public facility, minor” means the following public service improvements or structures developed by or for a public agency:

(a) Minor utility structures, except substations, but including poles, lines, pipes or other such facilities.

(b) Sewer, storm drainage, or water system structures except treatment plants, reservoirs, or trunk lines, but including reconstruction of existing facilities, pump stations, manholes, valves, hydrants or other portions of the collection, treatment and distribution systems located within public property or specified easement.

(c) Street improvements within existing development including sidewalks, curbs, gutters, catch basins, paving, signs and traffic control devices and street lights.

(d) Transit improvements, such as shelters or pedestrian and bicycle safety improvements, located within public right-of-way or on public property.

“Public safety facilities” means providing protection pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

“Public service” means any service provided by a public agency including but not limited to power, water, streets, sewers, parks, recreation facilities, schools, police and fire protection. This term includes utilities provided by regulated utility companies such as telephone, gas and electric power.

“Quasi-judicial” means an action or decision which involves the application of adopted policy to a specific development application or amendment.

Radio/TV Towers, Studio. See “broadcasting facility.”

Rear Lot Line. See “lot line – rear.”

“Reasonable accommodations” means approval of modifications or exceptions to applicable rules, policies, practices or services, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling as required by the Federal Fair Housing Act.

“Recreation facility” means establishments or places primarily engaged in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis.

“Recreational storage site” means storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles or boats.

“Recreational vehicle” means towed or self-propelled vehicles such as motor homes, pickup campers, and travel trailers, intended for human occupancy for vacation and recreational purposes.

“Recycle collection center” means a place where recyclable materials are deposited by the residents and sorted for transport to processing plants. Yard debris depots shall also fall into this classification. (Yard debris is organic material: leaves, grass clippings, weeds, etc.)

Religious Assembly. See “church (religious institution).”

“Remodel” means an internal or external modification to an existing building or structure which does not increase the site coverage.

Repairs. See “garage, repair.”

“Research services” means establishments primarily engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis. Typical uses include electronics research laboratories, environmental research and development firms, or pharmaceutical research labs.

“Residence” means a structure designed for occupancy as living quarters for one or more persons.

“Residential care” means services such as supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board, as defined in ORS 443.400(4).

“Residential facility” means a residential care, residential training or residential treatment facility, as defined in and licensed by the Department of Human Services under ORS 443.400 through 443.455 or ORS 418.205 through 418.327, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 16 individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.

“Residential home” means a residential treatment or training home or an adult foster home as defined in and licensed or certified by or under the authority of the Department of Human Resources under ORS 443.400 through 443.455 or ORS 443.705 through 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 are not to be counted in the number of residential home residents, and need not be related to each other or to any resident of the residential facility.

“Resort” means a facility for transient guests where the primary attraction is generally recreational features or activities.

Rest Home. See “nursing or convalescent home.”

“Restaurant” means an establishment where food and drink is prepared, serviced and consumed primarily within the principal building (also “eating and drinking establishment,” “fast-food restaurant,” “retail food establishment”). See “carry-out restaurant,” “drive-through restaurant.”

“Retail establishments” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; and establishments providing services or entertainment, as opposed to products, to the general public, if not elsewhere classified.

“Right-of-way” means:

(a) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses;

(b) Generally, the right of one to pass over the property of another.

Roadway. See “street.”

Rooming House. See “lodging facilities.”

Row House. See “dwelling, attached: single unit.”

“School” means any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge, excluding vocational, trade, business schools and colleges.

“Seniors” shall be interchangeable with “elderly.” “Seniors” or “elderly” shall be anyone 62 years of age or older.

Service Station. See “automobile service station.”

“Setback” means the minimum allowable horizontal distance from a given point or line of reference, which shall be the property line unless otherwise stated, to the nearest foundation wall of a building or structure.

“Shared-use path” means combined bicycle and pedestrian facilities separated from motor vehicle traffic by an open space or barrier such as but not limited to a curb, landscaping strip, or other barrier or space, either within the roadway right-of-way or within an independent right-of-way. Shared-use paths may be used by bicyclists and pedestrians as one- or two-way facilities. Intersections of shared-use paths and roadways require crossing treatments that are well marked and highly visible to vehicles and trail users. The paths can be made of a variety of surface types, provided they are smooth and firm enough to meet Americans with Disabilities Act (ADA) requirements.

“Shopping center” means a group (at least eight business units) of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements (also “mini mall”).

“Shopping plaza” means a group (two to seven business units) of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements (also “mini mall”).

“Short-term rental” means the use of a dwelling unit or rooms within a dwelling unit by a person or groups of persons entitled to occupy for rent for a period of less than 31 consecutive days. Short-term rental does not include: (a) bed and breakfast, homestay, boarding house; (b) lodging facilities or rooming house; or (c) hotels and motels.

Side Lot Line. See “lot line – side.”

“Sidewalk” means a pedestrian walkway with permanent surfacing built to city standards.

Single Unit, Attached. See “dwelling, attached: single unit.”

Single Unit, Detached. See “dwelling, detached: single unit (one-family).”

“Skirting” means a covering that totally obscures the undercarriage of a manufactured dwelling, extending from the top of the undercarriage to the ground.

“Solid waste disposal site” means a site of ultimate disposition of solid waste that cannot be salvaged or recycled.

“Spot zoning” means rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.

“Steep slope” means land where the slope exceeds 20 percent.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

“Street” means a public or private way that is created to provide ingress or egress for vehicles to one or more lots, parcels, areas, or tracts of land, and including the terms “road,” “highway,” “lane,” “avenue,” “alley,” “place,” “court,” “way,” “circle,” “drive,” or other designations.

“Strip development” means commercial or retail development, usually one store deep, that fronts on a major street.

“Structure” means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure, and platforms, walks, and driveways more than 30 inches above grade and not over any basement or story below. Tents used for carports and/or other storage in excess of 15 consecutive days or 30 accumulative days in a calendar year shall be considered structures for purposes of this code.

“Studio” means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.

“Subdivide (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, owned by a person, at the beginning of such year.

“Temporary parklet” means the use of a vehicle space (e.g., on-street parking space) or curb extension for public use, social interaction, and passive or active recreation. Temporary parklets in an on-street parking space are typically comprised of a platform, barriers to traffic, and seating, yet creativity in incorporating landscaping, art, and other elements is encouraged, given safety requirements are met. The duration of temporary parklets and the design vary accordingly. See SHMC 18.12.190.

“Temporary structures” means structures not allowed on a permanent basis.

“Temporary use” means a use which, by its nature, will last less than a year. Examples of temporary uses are uses associated with the sale of goods for a specific holiday, activity or celebration, uses associated with construction, and seasonal uses.

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

“Tent” means a portable shelter or temporary structure of fabric or skins supported by poles and usually secured by stakes to the ground and that defines volume.

“Theater” means a building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

Tourist Home. See “hotel.”

Transient Lodging. See “hotel.”

“Travel trailer” means a portable vehicular structure not built to the UBC, Manufactured Housing Construction and Safety Standards Code, or the Mobile Home Design and Construction Standard, designed for travel, recreational camping or vacation purposes, either having its own motor power or mounted onto or drawn by another vehicle, fully licensed and ready for highway use, and including but not limited to travel and camping trailers, truck campers, and motor homes.

“Travel trailer park” means a park where four or more travel trailers are located within 50 feet of one another on a lot, tract, or parcel 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 for the rental or use of facilities.

“Tree” means any living, standing woody plant having a trunk two inches or more in diameter, four feet above the ground level. See SHMC 17.132.020.

“Unincorporated” means those areas situated outside of an incorporated city’s legal boundary.

“Unlisted use” means a use which is not listed as either a use permitted outright or as a conditional use in a particular zone.

“Urban area” means, generally, the area inside a municipality’s limits.

“Urban growth area” means area between city limits and urban growth boundary.

“Urban growth boundary” means an adopted line at or outside the current city limits defining an area that would accommodate future city growth for a specific period of time.

Utility, Major. See “public facility, major.”

Utility, Minor. See “public facility, minor.”

“Variance” means permission to depart from the specific requirements of this code.

“Warehouse” means a building used primarily for the commercial storage of goods and/or materials.

“Warehousing” means terminal facilities for storing freight on a temporary basis, with or without maintenance facilities.

“Wetlands” means as determined by the Oregon Division of State Lands. See ORS 196.800(16): those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

“Yard” means an open space on a lot which is unobstructed from the ground upward, by buildings and structures for example, except as otherwise provided in this code. There are four types of yards: front, interior, rear, and side. When determining setback, “yard” does not include an access easement or street right-of-way.

“Yard – front” means a yard the front of which is the front lot line measuring at right angles toward the building/structure the required distance or to the front exterior wall of the building/structure.

“Yard – interior” means a yard between buildings/structures on the same lot, parcel, or otherwise lawfully established unit of land per ORS Chapter 92.

“Yard – rear” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the building/structure.

“Yard – side” means a yard not defined as front, rear, or interior. On corner lots (see “Lot, corner”) the side yard along the flanking street is the exterior side yard.

“Zone” means a specifically delineated area or district in the city of St. Helens within which regulations and requirements govern, among other things, the use, placement, spacing and size of land and buildings. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3241 § 3 (Att. B), 2019; Ord. 3232 § 2 (Att. A), 2018; Ord. 3215 § 4 (Att. D), 2017; Ord. 3203 § 2 (Att. A), 2016; Ord. 3190 § 2 (Att. A), 2015; Ord. 3186 § 21, 2015; Ord. 3181 § 4 (Att. C), 2015; Ord. 3164 § 3 (Att. B), 2012; Ord. 3144 § 2 (Att. A), 2011; Ord. 3032 §§ 1(1), 1(2), 2007; Ord. 2875 § 1.040, 2003)