As used in this title, the singular includes the plural and the masculine the feminine and neuter; the word “may” is discretionary; the word “shall” is mandatory. The following words and phrases shall mean as follows:
“Access” means the way or means by which pedestrians and/or vehicles enter and leave property.
“Accessory structure or use” means a structure or use incidental and subordinate to the main use of a property and located on the same lot as the main use.
“Adult foster care” means any family home or facility in which twenty-four (24) hour care is provided for five or fewer adults who are not related to the provider by blood or marriage.
“Airport” means a tract of land or water that is maintained for the landing and take-off of aircraft and for receiving and discharging passengers and cargo and the repair, storage, supplying of aircraft and providing supplies to aircraft.
“Alley” means a public way, for the purpose of providing a secondary means of access to property.
“Apartment” means any building, or portion thereof, which is designated, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of four or more families living independently of each other and doing their own cooking in the building.
Automobile.
1. “Repair garage” is a use providing for the major repair and maintenance of motor vehicles and includes major mechanical and body work, straightening of body parts, painting, welding or storage of motor vehicles not in operating condition.
2. “Service station” means any premise used for any or all of the following: supplying gasoline, oil, accessories and services, and auto repair work, excluding body and fender repair, at retail direct to the customer and where inoperative car storage is limited to thirty (30) days.
3. “Wrecking yard” means any property where two or more vehicles 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.
4. “Auto detail shop” includes any or all of the following uses: (a) shampoo and cleaning of carpet and seats; (b) complete interior cleaning; (c) clean and vacuum trunks; (d) cleaning and treatment of vinyl and rubber surfaces; (e) machine buffing and waxing of exterior and chrome; (f) hand wash exterior; (g) clean and polish tires and wheels; (h) engine and compartment cleaning; and (i) decal and paint striping.
“Base flood (100-year flood)” means a flood having a one percent chance of being equaled or exceeded in any given year.
“Bed and breakfast inns” means an owner-occupied or resident operated single-family dwelling, in a portion of which lodging and breakfast are provided for compensation in accordance with all conditional use provisions for bed and breakfast inns.
“Caretaker/manager residence” means a residence, secondary to the main use of the property, for the sole purpose of providing living quarters for the owner, operator or caretaker of an ongoing commercial or industrial enterprise.
“Church” means a building, together with its accessory building or uses, where persons regularly assemble for worship; and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship, and meets tax exemption status as prescribed in Chapter 307 of the Oregon Revised Statutes.
“Clinic” means a building utilized by persons licensed in the state of Oregon to treat or analyze medical, dental or surgical needs of humans or animals on an out-patient basis.
“Commercial use” means the activity of purchasing, selling or conducting other transactions involving the handling or disposition, other than included in the term light and heavy “industry” as defined in the appropriate sections, of any article, substance, commodity or services for the livelihood or profit, and places where commodities, services or merchandise are sold or agreements are made to furnish them.
“Commission” means the Estacada planning commission.
“Common property” means a parcel of land, together with improvements that are to be used, maintained and enjoyed by the owners and occupants of the individual building units or sites in subdivisions with common open space, planned development or planned unit subdivisions.
“Community center” means a facility owned and operated by a governmental agency or a nonprofit community organization; provided, that the primary purpose of the facility is for recreation, social welfare, community improvement, or public assembly.
“Comprehensive plan” means the adopted comprehensive plan for Estacada as defined in ORS Chapter 197.
“Council” means the city council of Estacada.
“Day care facility” means a facility accommodating fewer than thirteen (13) children for the purposes of day care in the provider’s home, or meeting the definition and standards as contained in ORS 418. The provider’s children are included for the purposes of this definition.
Deck, Unenclosed. “Unenclosed deck” means a non-covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
Deck, Enclosed. “Enclosed deck” means a covered attached or unattached structure accessory to the main use of the property, having no components necessary to the structural support of the main use.
“Density” means the number of dwelling units allowed within a specified land area.
“Development” means any manmade change or improvement involving buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, partitioning or subdividing.
“Duplex” means a building containing two dwelling units.
“Dwelling” means a building or portion thereof designed for residential occupancy.
1. Dwelling, Single-Family. “Single-family dwelling” means a detached dwelling designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family.
2. Dwelling, Multifamily (Duplex). “Multifamily duplex dwelling” means a building designed for the occupancy of two families living independently of each other.
3. Dwelling, Multifamily. “Multifamily dwelling” means a building designed for the occupancy of three or four families.
a. Dwelling, Commonwall. “Commonwall dwelling” means a dwelling which shares at least one wall, or portion thereof, with another dwelling and which is allowed in a residential district subject to the same requirements as dwellings in those districts. A commonwall dwelling may, or may not, include a separate lot.
“Dwelling unit” means a building or portion thereof with one or more rooms designed for occupancy by one family for living purposes which provides a minimum of two hundred (200) square feet of floor area per resident.
“Easement” means a right of use over the property of another.
“Enclosed” means activities which take place entirely within a structure or building, excluding parking and off-loading facilities.
“Factory-built dwelling” means a dwelling unit built substantially or entirely at a place other than the residential site, including prefabricated or modular homes, inspected and certified as having been constructed in accordance with the requirements of the Uniform Building Code but excluding mobilehomes or manufactured homes as defined in ORS 446.003(26)(a)(B) and (C).
“Family” means any one of the following groups when living together in a single dwelling unit:
1. Persons related by blood, marriage, legal adoption or guardianships, plus not more than six additional persons, including foster and shelter care children;
2. Up to six unrelated persons; or
3. Members of a “residential home,” as defined in this chapter.
Each additional group described above, or portion thereof, shall be considered a separate family.
“Fence” means an accessory structure, including landscape planting, designed and intended to serve as a barrier or as a means of enclosing a yard or other area, or other structure, or to serve as a boundary feature separating two or more properties.
Fence, Sight-Obscuring. “Sight-obscuring fence” consists of either a continuous fence, wall, slated cyclone fence, evergreen planting, or combination thereof, constructed and/or planted so as to effectively screen the particular use from view. Fences, hedges and walls cannot exceed six feet in height. Fences described above are subject to clear vision regulations of Section 16.60.010.
“FIRM” means Flood Insurance Rate Maps that delineate both the area of special flood hazard and risk premium zones.
“Flag lot” means a lot, the major portion of which has access to a road or street by means of a narrow strip of land called the “staff.” The staff shall have a minimum width and frontage of not less than twenty-five (25) feet. The staff portion of a flag lot shall not be used in computing lot size for zoning and building purposes.
“Flood/flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff or surface waters from any source.
“Floodplain” means the area shown on designated maps for the city as being subject to inundation by delineation of a base flood as determined by the U.S. Army Corps of Engineers or other means.
“Heavy industry” means the manufacturing, processing, compounding, packaging or assembling of products, the process of which requires or creates emissions or discharges other than normal sanitary sewage wastes or the storage of materials which require permits be issued by the Oregon State Department of Environmental Quality.
“Home occupation” means an occupation carried on within a dwelling, or an accessory structure by a resident of the dwelling, where such occupation is secondary to the main use of the property as a residence, but excluding commercial businesses considered by the planning commission as inappropriate for residential areas.
“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care with nursing service on a continuous basis.
“Hotel” means a building that is designed or used to offer short-term lodging for compensation, with or without meals, for five or more people. A facility that is operated for the purpose of providing care beyond that of room and board is not a “hotel.”
“Junk yard” means any property utilized for breaking up, dismantling, sorting, storing, distributing, buying or selling of any scrap waste material, junk or used equipment or machinery of any nature.
“Kennel” means a lot or building which provides for the keeping of four or more dogs, cats or animals at least six months of age, where such animals are kept for purposes other than a veterinary clinic.
“Landscaping” means a compatible combination of natural and/or introduced vegetation and materials which provide visual enhancement to a development.
“Landscaping plan” means a schematic or plot plan which indicates:
1. Areas of landscaping, including percent of lot area;
2. Type(s) of vegetation and/or materials;
3. Maintenance type and schedule, i.e., irrigation method.
“Light industry” means the manufacturing, processing, compounding, packaging or assembling of products, the process of which does not require or create emissions or discharges other than normal sanitary sewage wastes or the storage of materials which require permits be issued by the Oregon State Department of Environmental Quality.
“Livestock” mean domestic animals and fowl or types customarily raised or kept on farms for profit or other purposes. This definition does not include domesticated household pets such as dogs or cats.
“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 while loading or unloading persons, merchandise or materials, and which space or berth abuts on a street, alley or other appropriate means of access.
“Lot” means a parcel or tract of land which is occupied or may be occupied by a structure or a use, together with yards and other open space and meets the definition of “lot of record.”
“Lot area” means the total horizontal area within the lot lines of a lot, exclusive of streets. The staff portion of a flag lot shall not be used in computing the size or area of the lot for zoning or building purposes.
Lot, Corner. “Corner lot” means a lot abutting on two or more streets other than an alley, at their intersection. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
“Lot depth” means the average horizontal distance between the front lot line and the rear line.
“Lot frontage” means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street other than an alley shall be considered frontage, and yards shall be provided as indicated in this section.
Lot, Interior. “Interior lot” means a lot other than a corner lot with only one frontage on a street.
“Lot line” means the property line bounding a lot.
Lot Line, Front. “Front lot line” means the property line separating the lot from the street, other than an alley. In the case of a corner lot, the shortest property line along a street, other than an alley; or, in a case where the lot does not front directly upon a public street, that lot line toward which most houses in the immediate area face.
Lot Line, Rear. “Rear lot line” means the lot line or lines opposite and most distant from the front lot line.
Lot Line, Side. “Side lot line” means any lot line or lines not a front or rear lot line.
“Lot of record” means any unit of land created as follows:
1. A lot in a platted subdivision;
2. A lot created by land partitioning;
3. A unit of land described by a conveyed deed or land sales contract established prior to requirements for partitions and which conformed with all zoning requirements in effect, if any, when the deed or contract creating the lot was recorded.
Lot of Record, Nonconforming. “Nonconforming lot of record” means a parcel of land which lawfully existed as a lot in compliance with all applicable ordinances and laws at the time of creation, but which, because of the application of a subsequent zoning ordinance, no longer conforms to the lot dimension requirement for the zoning district in which it is located.
Lot, Through. “Through lot” means an interior lot abutting on streets, other than an alley, on both of the opposite, exterior lot lines.
“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
“Manager/caretaker residence” means a residence, secondary to the main use of the property, for the sole purpose of providing living quarters for the owner, operator or caretaker of an ongoing commercial or industrial enterprise.
“Manufactured home” means a dwelling unit built substantially or entirely at a place other than the residential site as defined in ORS 446.003(26)(a)(C).
“Manufactured dwelling park” means a parcel or contiguous parcels of land divided into four or more manufactured home lots for rent or lease, under the same ownership.
“Marina” means a commercial boat launch, moorage or similar facility which may include dry or wet boat storage, boat houses and related commercial activities.
“Mine quarry” means premises from which any rock, sand, gravel, stone, topsoil, clay, mud, peat, or other mineral is removed or excavated as an industrial or commercial operation, and exclusive of excavating and grading for streets and roads and process of grading a lot preparatory to the construction of a building for which a permit has been issued by a public agency.
“Mini-warehouse (storage)” means a structure used for storing personal effects or small retail merchandise with individual compartments that do not exceed one thousand (1,000) square feet.
“Mobilehome” means a single-family dwelling unit built substantially or entirely at a place other than the residential site as defined in ORS 446.003(26)(B).
“Mobilehome park” means a parcel or contiguous parcels of land divided into four or more mobilehome lots for rent or lease, under the same ownership.
“Motel” means a building or series of buildings in which lodging only is offered for compensation and which may have more than five sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to and adjoining parking for each rental unit designed primarily for automobile tourists and transient persons. The term includes auto courts, tourist courts, tourist homes and motor lodges.
“Nonconforming structure/use” means use of structure or land, or structure and land in combination which was lawfully established in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance: (1) no longer conforms to the setback, height, maximum lot coverage or other building development requirements of this title; or (2) is clearly designed and intended for uses other than any use permitted in the zoning district in which it is located.
“Open space” means the area within the development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general. Open space includes the land area to be used for scenic, landscaping or open recreation purposes within the development. It shall not include street right-of-way, driveways or open parking areas.
“Owner” means the owner of a record of real property as shown on the tax rolls of the county, or a person who is purchasing a parcel of property under contract.
“Parcel” means a unit of land that is created by a partitioning of land.
“Park” means an open or enclosed tract of land set apart and devoted for the purposes of pleasure, recreation, ornament, light and air for the general public.
“Parking space” means an off-street enclosed or unenclosed surfaced area of not less than eighteen (18) feet by eight feet, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, connected with a street or alley which affords access for automobiles.
“Partition” means either an act of partitioning land or an area or tract of land partitioned as defined in ORS. Chapter 92.
“Partition land” means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exist as a unit or contiguous units of land under single ownership at the beginning of such year, and does not include exceptions as outlined in ORS 92.010(7).
“Partition plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
“Performance agreement” means a bond executed by a surety company licensed in the state of Oregon, or other security acceptable to the city, to insure completion of the conditions of approval.
“Person” means a natural person, the heirs, executors, administrators or assigns, or a firm, partnership or corporation, successors or assigns, or the agent of any of the aforesaid, or any political subdivisions, agency, board or bureau of the state.
“Pier” means a fixed moorage facility constructed outward from the river bank.
“Planned development” means a development in which the applicable code restrictions, other density requirements, may be modified and/or applied to the development as a whole rather than to each individual lot. A planned development involving the subdividing of property is a planned unit development.
“Planned unit subdivision” means a subdivision of land in which the individual building sites may be reduced in size but are compensated by area used in common for recreational or other open space purposes. Planned unit subdivisions involving dwelling or commercial units may incorporate detached, semi-detached, attached, single-story or multistoried units or any combination of the aforementioned. Such projects may also involve religious, cultural, recreational and commercial uses and purposes.
“Planning commission” means the planning commission of the city of Estacada.
“Plat” means a final subdivision plat, replat or partition plat.
“Principal use” means the intended and primary use of a structure or parcel of land.
“Public utility” means any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or any part of any plant or equipment for the conveyance of telegraph, telephone, with or without wires, for the transportation as common carriers, or for the production, transmission, delivery or furnishing of heat, light, water, power or cable services, directly or indirectly to the public.
“Public utility workshop” means a building used for the repair and/or maintenance of utility vehicles, machinery or other equipment.
“Recreational vehicle (R.V.)” means a temporary dwelling, for travel and recreation purposes, and licensed as a motor home, camper or travel trailer.
“Recreational vehicle park” means a development designed primarily for transient service in which travel trailers, pick-up campers, tent trailers and self-propelled motorized vehicles are parked and used for the purpose of supplying to the public a temporary location while traveling, vacationing or recreating.
“Replat” means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a re-configuration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
“Residential home” means any dwelling unit or residential building operated as a single housekeeping unit for the purpose of providing food, shelter, personal services and care, as defined in the ordinance codified in this chapter, and when appropriate, a planned treatment or training program of counseling, therapy, or other rehabilitative social service, for persons of similar or compatible conditions of circumstances.
“Road” means a public or private way created to provide ingress to, or egress from, one or more lots, parcels, areas or tracts of land, or that provides for travel between places by vehicles. The terms “street”, “access drive” and “highway” for the purposes of the ordinance codified in this chapter shall be synonymous with the term “road.”
1. “Arterial or major highway” means a street designed to carry traffic from one community to another, to carry traffic to and from major traffic generators and to carry through traffic.
2. “Collector or secondary street” means a street designed to carry traffic between minor streets and the arterial system, to function as primary traffic carries within a neighborhood, to carry traffic to local traffic generators, and in commercial and industrial areas, to provide access to commercial and industrial properties.
3. “Cul-de-sac” or “dead end street” means a minor street with only one outlet which provides a vehicular turnaround.
4. “Minor street” means a street designed to provide access to abutting residential property with only incidental service to through traffic.
5. “Private road” means a private way created by deed or easement to provide vehicular ingress to, or egress from, three to six lots or parcels. Any road serving more than six dwelling units must be a public road. Private roads may serve development when approved by the planning commission upon written findings that such roads are of adequate width, alignment, grade and length to afford the same degree of public safety as public roads and that extension of the public road system is impractical. In determining if the extension of the public road system is impractical, the planning commission shall consider criteria including, but not limited to, lot size or shape, topography, the location of existing structures. In no case shall a private street be less than twenty (20) feet in width. Greater width may be required where necessary to provide for public safety, accommodate traffic volume, or provide for underground utilities. A street maintenance agreement approved by the city and duly recorded, shall be required for the creation of any private road.
6. “Public road” means a road dedicated for public use.
7. “Access drive” means a private road, with a travel surface not less than twelve (12) feet in width, created by deed or easement to provide vehicular ingress, or egress from not more than two lots or parcels.
“School” means any institution for learning, whether public or private, meeting state of Oregon accreditation standards.
“Setback” means the horizontal distance measured perpendicular from the lot line to the nearest point of any structure on the lot or parcel.
1. Front: a setback between side lot lines and measured horizontally at right angles to the front line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley, shall be considered a front yard.
2. Rear: a setback between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line, to the rear most part of the main building.
3. Side: a setback between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the main building.
“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.
Street. (See “Road”).
“Structure” means a structure built or assembled for any use or occupancy.
“Subdivided land” means to divide an area or tract of land into four or more lots within a calendar year when such an area or tract of land exists as a unit of contiguous units of land under a single ownership at the beginning of a year.
“Subdivision” means an area or tract of land divided into four or more lots within a calendar year.
“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
“Temporary” means a specific period of time.
“Tentative plan” means an approved diagram showing the design of a proposed partition or subdivision, together with any other writing and information that may be required.
“Unit of ownership” means an area or tract of land described by a deed or by metes and bounds as a single entity.
“Use” means the purpose for which a structure is designed, arranged or intended; or for which land is maintained, occupied or zoned.
“Water-dependent” means a use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production or source of water.
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence or vegetation typically adapted for life in saturated soil conditions.
“Wholly enclosed” means everything is completely within a building. (Ord. 2007-6 § 1; Ord. 2004-2 § 1; Ord. 2003-8 § 1; Ord. 2000-25 §§ 2, 3; editorially amended during 2000 codification; prior code § 10.202)