This Chapter is designed to provide and coordinate regulations
in the Roseburg Urban Area governing the development and use of lands,
and to implement the Roseburg Urban Area Comprehensive Plan. To these
ends, it is the purpose of this Code to:
A.
Ensure
that the development of property within the Roseburg urban area is
commensurate with the character and physical limitations of the land,
and, in general, to promote and protect the public health, safety,
convenience, and welfare.
B.
Protect
the economy of the Roseburg urban area.
C.
Conserve
the limited supply of prime industrial lands to provide sufficient
space for existing industrial enterprises and future industrial growth.
D.
Encourage
the provision of affordable housing in quantities adequate enough
to allow all citizens some reasonable choice in the selection of a
place to live.
E.
Conserve
all forms of energy through sound economical use of land and land
uses developed on the land.
F.
Provide
for the orderly and efficient transition from rural to urban land
use.
G.
Guarantee
the ultimate development and arrangement of efficient public services
and facilities within the Roseburg urban area.
H.
Provide
for and encourage a safe, convenient, and economic transportation
system within the Roseburg urban area.
I.
Protect
the quality of the air and water resources of the Roseburg urban area.
J.
Protect
life and property in areas subject to floods, landslides, and other
natural disasters and hazards. area.
K.
Provide
for the recreational needs of the residents of the Roseburg urban
area and visitors to the
L.
Provide
for adequate open space and protect historic, cultural, natural, and
scenic resources.
A.
A parcel
of land may be used or developed, by land division or otherwise, and
a structure may be used or developed, by construction, reconstruction,
alteration, occupancy, or otherwise only as this Code permits.
B.
In
addition to complying with the criteria and other provisions within
this Code, each development shall comply with the applicable standards
published by the Public Works Director.
C.
The
requirements of this Code apply to the person undertaking a development,
or the user of a development, and to the person's or user's successors
in interest.
A development may be used only for a lawful use. A lawful use
is a use that is not prohibited by law, and for which the development
is designed and arranged, as permitted or approved, or which is nonconforming,
pursuant to this Code.
A.
No
person shall engage in, or cause to occur, a development which does
not comply with these regulations.
B.
Neither
the Building Official nor any other State or local official shall
issue a permit for a use or the construction, reconstruction, or alteration
of a structure or a part of a structure which has not been approved.
C.
A development
shall be approved by the Community Development Director or other Approving
Authority according to the provisions of this Code. The Community
Development Director shall not approve a development or use of land
that has been previously divided or otherwise developed in violation
of this Code, regardless of whether the applicant created the violation,
unless the violation can be rectified as part of a development proposal.
D.
Unless
appealed, a decision on any application shall be final upon expiration
of the period provided for filing an appeal, or, if appealed, upon
rendering of the decision by the reviewing body.
This Code shall not interfere with or abrogate or annul any
easement, covenant, or other agreement between parties, provided that
where this Code imposes a greater restriction than that imposed by
the agreement, the provisions of this Code shall control.
A.
When in the administration of this Code there is doubt regarding the intent of the Code or the suitability of uses not specified, the Community Development Director may request an interpretation of the provision by the Planning Commission. The Planning Commission shall issue an interpretation to resolve the doubt, but such interpretation shall not have the effect of amending the provisions of this Code. Any interpretation of the Code by the Planning Commission shall be deemed an administrative action, shall be subject to review by the City Council pursuant to Sections 12.10.010(X) and 12.10.010(Y), and shall be based on the following considerations:
B.
Meanings
and Intent. Words and terms expressly defined in this Code have the
specific meanings assigned, unless the context expressly indicates
another meaning. Where words are not expressly defined in this Code,
the following sources shall be consulted: State statute, and any dictionary
of common usage, all of which shall be interpreted by context. Words
used in the present tense include the future; the singular includes
the plural; and the word "shall" is mandatory and not discretionary.
Whenever the term "this Code" is used herewith, it shall be deemed
to include all amendments hereto as may hereafter from time to time
be adopted.
C.
Headings
and Illustrations. Headings and illustrations are provided for convenience
and reference only and do not define or limit the scope of any provision
of this Code. In case of any difference of meaning or implication
between the text of this Code and any heading, drawing, table, figure,
or illustration, the text controls.
D.
Delegation
of Authority. Whenever a provision appears requiring the head of a
department or another officer or employee of the City to perform an
act or duty, that provision will be construed as authorizing the department
head or officer to delegate that responsibility to others over whom
they have authority. Delegation of authority is not allowed when the
provisions of this Code expressly prohibit such a delegation.
Where the conditions imposed by a provision of this Code are
less restrictive than comparable conditions imposed by other provisions
of this Code, the provisions which are more restrictive shall govern.
If any Chapter, Section, Subsection, Paragraph, Subparagraph,
clause, sentence, or provision of this Code shall be adjudged by any
court of competent jurisdiction to be unconstitutional or invalid,
such judgment shall not affect, impair, invalidate, or nullify the
remainder of this Code, and the effect thereof shall be confined to
the Chapter, Section, Subsection, Paragraph, Subparagraph, clause,
sentence, or provision immediately involved in the controversy in
which such judgment or decree shall be rendered, it being the intent
of the City Council to enact the remainder of this Code notwithstanding
the parts so declared unconstitutional or invalid. Further, should
any Chapter, Section, Subsection, Paragraph, Subparagraph, clause,
sentence, or provision of this Code be declared unreasonable or inapplicable
to a particular premises or to a particular use at any particular
location, such declaration or judgment shall not affect, impair, invalidate,
or nullify such Chapter, Section, Subsection, Paragraph, Subparagraph,
clause, sentence, or provision as to any other premises or use.
As used in this Chapter, unless the context in which used clearly
requires a different meaning, the following words or phrases shall
be defined as follows:
means adjoining with a common boundary line, except that
where two or more lots adjoin only at a corner or corners, they shall
not be considered as abutting if the common property line between
the two parcels measures less than eight feet in a single direction.
Synonymous with adjoining.
means the place means, or way by which pedestrians or vehicles
shall have adequate and usable ingress and egress to a property, use,
or parking space.
means any subordinate building or portion of a main building;
the use of which is incidental, appropriate, and subordinate to that
of the main building. No building shall be considered accessory if
it is the only building on a lot, parcel, or unit of land.
means an interior, attached, or detached residential structure
that is used in connection with, or that is accessory to, a single-family
dwelling. An accessory dwelling unit may either pass inspection for
compliance with the International Building Code (IBC) standards or
meet the definition of a manufactured home.
means a use incidental, appropriate, and subordinate to the
main use of a lot or building.
means a unit of land created by a lot line adjustment. Once
created, the term "adjusted lot" is synonymous with "lot" and "parcel"
for purposes of this Code.
means community-based group programs designed to meet the
needs of functionally and cognitively impaired adults through individual
plans of care that are structured, comprehensive, and provide a variety
of health, social, and related support services in protective settings
during part of the day but provide less than 24-hour care. These facilities
must be registered with the State of Oregon and meet local jurisdiction
requirements.
means a proceeding pursuant to this Code that is a land use
decision or a limited land use decision under State Law, in which
the legal rights, duties, or privileges of specific parties are determined,
and any appeal or review thereof.
means a public or private way having a maximum width of 20
feet affording only a secondary means of access to abutting property.
means any change, addition or modification in construction,
occupancy or use.
means a use providing for only emergency and non-emergency
transportation of injured or infirm persons, including a dispatching
office and living units for a caretaker resident and/or on duty personnel
and excluding retail sales.
means a change in a portion of the Roseburg Urban Area Comprehensive Plan Map pursuant to Chapter 12.10 of this Code; a change in the wording, text, or substance of this Code, or a change in the district boundaries or overlay boundaries upon the zoning map.
means the person or body given authority to decide applications
for development approval under the provisions of this Code.
means a use providing for the major repair and maintenance
of motor vehicles, and including any mechanical and body work, straightening
of body parts, painting, welding, or temporary storage of motor vehicles
pending such repair or maintenance.
means a use providing for the retail sale of motor fuels,
lubricating oils, and vehicle accessories, and including the servicing
and repair of motor vehicles as an accessory use, but excluding all
other sales and services except the sale of minor convenience goods
for service station customers as accessory and incidental to the principal
operation. Uses permitted at an automobile service station shall not
include major mechanical and body work, straightening of body parts,
painting, welding, tire recapping, storage of motor vehicles not in
operating condition, or other work generating noise, glare, fumes,
smoke, or other characteristics to an extent greater than normally
found in service stations. An automobile service station shall not
be deemed to include a repair garage or a body shop.
means any area of land used for the storage, wrecking, or
sale of two or more inoperable motor vehicles, trailers, farm equipment,
or parts thereof. Where such vehicles, trailers, equipment, or parts
are stored in the open and are not being restored to operating condition,
and including any land used for the commercial salvaging of any other
goods, articles, or merchandise.
means a story partly or wholly underground. A basement shall
be counted as a story for purposes of height measurements where more
than one-half (½) of its height is above the average level
of the adjoining ground.
means an area of land within a subdivision, which area may
be bounded on all sides by streets, railroad rights of way, un-subdivided
land, or water courses.
means a single-family dwelling where lodging and meals are
provided to guests, for compensation, for time periods of at least
16 consecutive nights.
means a document, acceptable by the city, issued by a surety
company, in return for a fee or premium, guaranteeing the performance
of the terms and conditions of a development approval.
means the property line bounding a lot or parcel.
means the relocation of a common boundary line between lots
or parcels.
means a business that produces beer, wine or alcohol wholly
within an enclosed building. Macro-breweries must be able to facilitate
commercial trucks onsite for large-scale distribution. A tap room
is not required. Restaurants and other uses may be incorporated into
the building where permitted by the zoning district located therein.
means a business that produces beer, wine or alcohol wholly
within an enclosed building where the gross floor area dedicated to
production and storage is no greater than 20,000 square feet. Within
one year of beginning production, micro-breweries are required to
have a tap room that is open to the public at least three days or
ten hours per week. Tap Rooms shall have a minimum floor area equal
to 5% of the total floor area used for production and storage. Restaurants
and other uses may be incorporated into the building where permitted
by the zoning district located therein.
For the purposes of this Code, the terms "building" and "structure"
shall be synonymous. See "Structure."
means the vertical distance from the average finished grade to the highest point of a building, exclusive of chimneys and similar features referenced in Section 12.08.040(D). When the walls are parallel to and within five feet of a sidewalk, the grade shall be measured at the sidewalk.
means the ground area of a building or buildings, together
with all open spaces required by this Code.
means an area where facilities are provided to accommodate
the temporary use of tents, campers, recreational vehicles, and motor
homes by the traveling public.
means the provision of room and board, assistance with personal
care and activities of daily living, provision of protection, transportation,
or recreation, and assistance in time of crisis.
means a stationary structure consisting of a roof with its
supports and no more than two walls or storage cabinets substituting
for walls used for sheltering a motor vehicle.
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, when operated in conjunction
with and within the boundary of such cemetery.
means a change from an existing use to another permitted
use according to the applicable zoning.
means an individual under 13 years of age, or eighteen years
of age for those with special needs or disabilities as defined by
State law.
See Section 12.08.040(F).
means a building and facilities owned and operated for a
social or recreational purpose, to which membership is required for
participation, but is not operated primarily for profit or to render
a service which is customarily carried on as a business. A club does
not include a public rehabilitation facility of any kind.
means the Planning Commission.
means a facility constructed for the purpose of transmitting
telegraph, telephone, microwave, television, radio, and other similar
signals.
means a building and facilities owned and operated by a governmental
agency or non-profit community organization whose membership is open
to any resident of the community in which the center or hall is located.
means a public or private system of underground pipes of
sufficient capacity to carry domestic sewage from an area to connected
treatment and disposal facilities, as approved by the Oregon Department
of Environmental Quality.
means a public or private system of underground distribution
pipes providing a continuous supply of potable water from a center
source in quantities sufficient to meet domestic and fire protection
needs for three or more dwellings, as approved by the State of Oregon
Department of Human Resources, Health Division.
means the generalized, coordinated land use map and policy
statement for the urban area that interrelates all functional and
natural systems and activities relative to the use of lands, including
but not limited to sewer and water systems; transportation systems,
education systems, recreational facilities, and natural resources
and air and water quality management programs.
means property, any part of which is submitted and approved
in accordance with the provisions of ORS Chapter 100.
means touching at least one point or that which would be
so except it is separated only by a public right-of-way or a body
of water.
means nursing care that is required by, and provided to,
a resident each day on a 24-hour basis.
means the City Council of the City of Roseburg, Oregon.
means data storage and processing facilities, electronic
products manufacture, storage and assembly, together with all related
and supporting uses and facilities.
means supervision provided to a child during a part of the
24 hours of the day, with or without compensation. Day Care does not
include care provided: by the child's parent, guardian, or person
acting in loco parentis; by providers of medical services, in the
home of the child; by a person related to the child by blood or marriage
within the fourth degree as determined by civil law; on an occasional
basis; or by a school.
means a facility which provides day care for six or more
children on either a full or part-time basis and other than in the
home of the provider.
means the number of dwelling units to be contained within
a specified land area.
means any man made change to improved or unimproved real
estate, including, but not limited to, the construction, alteration,
or use of buildings, division of land, creation of private or public
streets, construction of public and private utilities and facilities,
mining, excavation, grading, installation of fill, open storage of
materials, or any other activity specifically regulated by the provisions
of this Code. Except when in conjunction with other development, installation
of less than 3,000 square feet of asphalt or other impervious paving
surfaces shall not be included in this definition.
Unless otherwise specified, the Community Development Director
or such other person as said Director or the City Manager may designate.
means a portion of the Roseburg Urban Area, whether unincorporated
or incorporated, within which certain uses of land and buildings are
permitted and certain other uses of land and buildings are prohibited,
as set forth and specified in this Code.
See "Dwelling, Duplex" definition.
means two attached or detached dwelling units on one lot
or parcel. This definition shall not include a single-family dwelling
and an accessory dwelling unit.
means a building designed and used for occupancy by three
or more families, each within a separate dwelling unit. Multiple-Family
Dwelling is synonymous with "multifamily dwelling/development."
means a building or portion thereof designed and used exclusively
for and containing facilities for the occupancy of one family, and
having housekeeping facilities for only one family.
means one or more habitable rooms that includes provisions
for sleeping, cooking, eating and sanitation for one family in compliance
with International Building Code (IBC) standards. This definition
shall include manufactured dwellings as defined herein. Synonymous
with "dwelling."
means a legal interest in land, granted by the owner to another
person, which allows that person(s) the use of all or a portion of
the owner's land, generally for a stated purpose including, but not
limited to, access, drainage or placement of utilities.
means a structure that is constructed, placed, or erected
for the purpose of furthering a permitted or conditional use.
means one or more persons related by blood, marriage, domestic
partnership, legal adoption or guardianship, plus not more than five
additional persons, who live together in one dwelling unit; or one
or more handicapped persons as defined in the Fair Housing Amendments
Act of 1988, plus not more than five additional persons, who live
together in one dwelling unit.
means a facility which provides day care in the home of the
provider to fewer than 17 children, including children of the provider,
regardless of full-time or part-time status.
For the purposes of this Code, the terms "Family Day Care
Home" and "Family Day Care Provider" shall be synonymous. See "Family
Day Care Home."
means a mobile home used temporarily during a family hardship situation, pursuant to Chapter 12.10 of this Code, when an additional dwelling is allowed to house aged or infirmed persons or persons physically incapable of maintaining a complete separate residence apart from their family.
means an obstruction arranged in such a way as to partially
or wholly impede vision or access.
means the protection, preservation, propagation, promotion,
and control of wildlife by either public or private agencies or individuals.
means the sum of the gross horizontal areas of the several
floors of a building, measured from the exterior faces of the exterior
walls or from the centerline of walls separating two buildings, but
not including attic space providing headroom of less than seven feet,
or basement if the floor above is less than six feet above grade.
See "Residential Home."
means a publicly or privately owned structure having one
or more tiers or heights used for the parking of automobiles for the
tenants, employees, or owners of the property for which the parking
spaces contained in or on said garage as required by this Code, and
which is not open for any use by the general public.
means a publicly or privately owned structure having one
or more tiers or heights used for the parking of automobiles, and
open garages may include parking spaces for customers, patrons, or
clients which are required by this Code, provided said parking spaces
are clearly identified as free parking space(s) for the building or
use which is required to provide said space(s).
means any floor usable for living purposes, which includes
working, eating, cooking, or recreation, or a combination thereof.
A basement, as that word is defined in the Oregon State Structural
Specialty Code and Fire and Life Safety Code, is a habitable floor.
means a substantial injustice which deprives the landowner
of beneficial use of his/her land. "Hardship" applies to the property
itself, including structures, and not to the owner or applicant, and
is applicable to property which is unique or unusual in its physical
characteristics so that the regulations render the property substantially
unusable.
means an area used or intended to be used for landing or
takeoff of helicopters or other vertical takeoff and landing (VTOL)
aircraft capable of hovering, and may include any or all of the area
or buildings which are appropriate to accomplish these functions.
means the development of lands which may be planned and developed as a single unit or subdivision, or developed as individual lots, identified on the City Slope Map and/or having areas of slope greater than 12%, being subject to the provisions of Section 12.04.100 of this Code providing flexibility from traditional siting and land use regulations.
means institutions devoted primarily to the rendering of
healing, curing, and nursing care, which maintain and operate facilities
for the diagnosis, treatment, and care of two or more non-related
individuals suffering from illness, injury, or deformity, or where
obstetrical or other healing, curing, and nursing care is rendered
over a period exceeding 24 hours.
means a building which is designed, intended, or used for
the accommodation of tourists, transients, and permanent guests for
compensation, and in which no provision is made for cooking in individual
rooms or suites of rooms.
means family member of the first degree of kinship or equivalent
thereof.
See "Nursing Home."
means the currently adopted and applicable International
Building Code and any amendment thereto, including the Oregon Structural
Specialty Code (OSSC) and the Oregon Residential Specialty Code (ORSC)
as applicable.
means a use providing for the accommodation of four or more
dogs, cats, at least four months of age, where such animals are kept
for board, propagation, training, or sale.
means any room, all or any part of which is designed, built,
equipped, or used for the preparation of food and/or the washing of
dishes.
means an off street space or berth on the same lot with a
building for the temporary parking of a commercial vehicle while loading
or unloading merchandise or materials, and which abuts upon a street,
alley, or other appropriate means of access.
means a unit of land created by a subdivision of land. Once
created, the term "lot" is synonymous with the term "parcel" for the
purposes of this Code.
means the total horizontal area within the lot lines of a
lot, exclusive of streets and easements of access to other property.
means a lot abutting 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 135 degrees.
means the area of a lot that is covered by a building, structure,
or surface that is impervious to water.
means a lot that has a narrow frontage on a public street
with access provided via a narrow accessway or "pole" to the main
part of the lot used for building, which is located behind another
lot that has street frontage. There are two distinct parts to the
flag lot; the development area or "flag" which comprises the actual
building site, and the access strip or "pole" which provides access
from the street to the flag.
means the portion of a lot line or lines abutting any kind
of a street (public or private) other than an alley.
means a lot other than a corner lot with only one frontage
on a street.
means the property line bounding a lot or parcel.
means the relocation of a common boundary between lots or
parcels or the elimination of a common boundary between lots or parcels.
means the lot line or lines common to the lot and a street
other than an alley, and in case of a corner lot, the shortest lot
line along a street other than an alley.
means the lot line or lines opposite and most distant from
the front lot line. In the case of an irregularly, shaped lot, the
rear lot line shall be a line or lines connecting the side lot lines
that is the most distant from the front lot line. For a triangular
shaped lot, the "rear lot line" shall be a line 10 feet in length
located entirely within the lot, connecting the side lot lines and
that is parallel to the front lot line.
means any lot line or lines not a front or rear lot line.
An interior side lot line is a lot line common to more than one lot,
or to the lot and an alley; an exterior side lot line is a lot line
common to the lot and a street other than an alley.
means a lot having frontage on two streets that are approximately parallel, other than an alley, and are not identified as intersecting street corners. Yards shall be provided as indicated under "Yards" in this Section, unless lots do not comply with the depth requirements for double frontage lots as provided in Chapter 12.12, Subsection 12.12.010(M), in which case the "Front Yard" shall be defined as the street for which address is assigned with the other frontage being a "Rear Yard" area.
means:
Depth of a lot shall be the distance from the midpoint of the
front lot line to the midpoint of the rear lot line.
Width of a lot shall be considered to be the average distance
between side lot lines measured parallel to the front lot line. The
"pole" of flag lots is not included when computing lot width.
means a unit of land created as follows:
A lot in an existing and duly recorded subdivision.
A parcel in an existing, duly recorded land partition; or
An adjusted lot resulting from an approved lot line adjustment;
or
An existing unit of land for which a survey has been duly filed
which conformed to all applicable regulations at the time of filing;
or
Any unit of land created prior to zoning and partitioning regulations
by deed or metes and bound description, and recorded with the Douglas
County Clerk; provided, however, that contiguous units of land so
created under the same ownership and not conforming to the minimum
property size of this Code shall be considered one lot of record.
means:
"Manufactured Dwelling"
for purposes of this Code is synonymous with "manufactured
home" and "mobile home" and means a structure constructed for movement
on the public highways that has sleeping, cooking, and plumbing facilities,
that is intended for human occupancy, and that is being used for residential
purposes.
"Manufactured Dwelling"
does not include any building or structure constructed to
conform to the State of Oregon One and Two Family Dwelling Code, as
adopted by the State Building Codes Division.
"Manufactured Dwelling"
does not mean a "recreational vehicle."
means a structure constructed for movement on the public
highways that has sleeping, cooking and plumbing facilities, that
is intended for human occupancy, that is being used for residential
purposes and that was constructed in accordance with federal manufactured
housing construction and safety standards and regulations in effect
at the time of construction, as defined in ORS 446.003.
means any facility or operation designed, intended or used
for purposes of delivering, dispensing, or transferring marijuana
to Oregon Medical Marijuana Registry Identification Card holders pursuant
to ORS 475B.785-475B.949.
means a person who processes marijuana in accordance with
ORS 475B.010-475B.545 for medicinal purposes pursuant to ORS 475B.785-475B.949.
means a person who processes marijuana in accordance with
ORS 475B.010-475B.545 for recreational purposes.
means a person who produces marijuana in accordance with
ORS 475B.010-475B.545.
means a person who sells marijuana items to a consumer in
accordance with ORS 475B.010-475B.545.
means a person who purchases marijuana items for resale to
a person other than a consumer in accordance with ORS 475B.010-475B.545.
means processes conducted for the exploration, mining and
processing of aggregate and mineral resources or other sub-surface
resources.
means a decision by the Community Development Director that
is not a limited land use or land use decision per State law.
means a commercial operation from a small permanent or temporary
structure, vehicle or cart (e.g. Food truck, coffee stand, vendor
cart) in an existing parking lot within the public reserve, commercial
or industrial zones. A certificate of occupancy and/or a business
registration shall not be issued until all conditions of approval
from various departments are satisfactorily met.
For purposes of this Code, "mobile home" is synonymous with
"manufactured home" and "manufactured dwelling."
means any place where four or more mobile homes are located
within 500 feet of one another on a lot, parcel, or unit of land under
the same ownership, the primary purpose of which is to rent or lease
space or mobile homes for a charge or fee paid or to be paid for the
rental, lease, or use of facilities, or to offer space free in connection
with securing the trade, patronage, or employment of such persons.
means a building which is not framed onsite in the conventional
manner but which does meet the definitional criteria for a single-family
dwelling under this Code.
means a building or group of buildings on the same lot containing
guest units, which building or group is intended or used primarily
for the accommodation of transient automobile travelers.
means a unit of land which lawfully existed in compliance
with all applicable ordinances and laws, but which, because of the
application of subsequent zoning regulations, no longer conforms to
the lot dimension requirements for the zoning district in which it
is located.
means any building which was lawfully established in compliance
with all applicable ordinances and laws, but which, because of the
application of subsequent zoning or development standards, no longer
conforms to current standards (e.g., height limits, yard setbacks,
coverage limits, off-street parking requirements, etc.).
means use of a structure or land, or in combination, which
was lawfully established in compliance with all applicable ordinances
and laws, but which, because of the application of subsequent zoning
regulations, no longer conforms to use restrictions for the zoning
district in which it is located.
means the performance by a licensed nurse of observation,
care and counsel of the ill, injured or infirm, which requires substantial
specialized skill and judgment as prescribed by a physician. Nursing
care does not include periodic treatment such as changing dressings
or injections provided by a visiting licensed nurse.
means any home, place, or institution which operates and
maintains facilities providing convalescent and/or chronic care, 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.
means a set of zoning requirements described in the zoning
regulations, mapped on the zoning map, and applied in addition to
the zoning requirements of the underlying districts.
means the owner of record of real property as shown on the
latest tax rolls or deed records of the County, or a person who is
purchasing a parcel of property under recorded contract.
means a unit of land created by a partition of land. Once
created, the term "parcel" is synonymous with the term "lot" for the
purposes of this Code.
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.
means space within a lot or a building, exclusive of driveways,
ramps, columns, office, and work area, for the temporary parking or
storage of automobiles.
means privately or publicly owned property, other than streets
and alleys, on which parking spaces are defined, designated or otherwise
identified for use by the tenants, employees, or owners of the property
for which the parking area is required by this Code, and which is
not open for use by the general public.
means an area within a private or public parking area, building
or structure, for the parking of one automobile.
means an act of partitioning land or an area or tract of
land partitioned, as defined in this Section.
means to divide an area or tract of land into two or three
parcels within a calendar year when such area or tract of land exists
as a unit or contiguous units of land under a single ownership at
the beginning of such year. "Partition land" does not include divisions
of land resulting from foreclosure; divisions of land resulting from
foreclosure of recorded contracts for the sale of real property; divisions
of land resulting from the creation of cemetery lots; 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; "partition land" does not include any adjustment
of a lot line by the relocation of a common boundary where an additional
parcel is not created and where the existing parcel reduced in size
by the adjustment is not reduced below the minimum lot size established
by applicable zoning or other provisions of this Code; and "partition
land" does not include a sale or grant by a person to a public agency
or public body for state highway, county road, City street, or other
right-of-way purposes provided that such road or right-of-way complies
with the applicable comprehensive plan.
means, with respect to administrative actions and quasi-judicial
hearings, the following persons or entities only, who file a timely
statement or request for hearing as provided by general provisions
of this Code, or provide testimony at a hearing of the approving authority
before the close of the evidentiary portion thereof, are hereby defined
as a party:
The applicant and all owners or contract purchasers of record,
as shown in the files of the Douglas County Assessor's Office, of
the property which is the subject of the application.
All property owners of record, as provided in (1) above, within
300 feet of the property which is the subject of the application.
Any affected unit of local government or State or Federal agency
which has entered into an agreement with the City to coordinate planning
efforts and to receive notices of administrative actions.
Any other person, or his/her representative, who is specially,
personally, adversely, and substantially affected in the subject matter,
or is aggrieved by the subject matter, as determined by the approving
authority. A person or entity interested in the correct application
of land use laws shall be deemed to be aggrieved for these purposes.
means an individual, his/her heirs, executors, administrators,
or assigns, or a firm, partnership, association, or corporation, its
successors, or assigns, or any political subdivision, agency, board,
or bureau of the State of Oregon, or the agent of any of the aforesaid.
means a dispensary for physicians, surgeons, dentists, chiropractors,
osteopaths, and other members of the healing arts, to handle merchandise
primarily of a nature customarily prescribed.
means a unit of land planned and developed with design flexibility from traditional siting regulations or land use regulations, and subject to the provisions of Chapter 12.12 of this Code.
See "Commission."
means a final map, diagram, drawing, replat, or other writing
containing all the descriptions, locations, specifications, dedications,
provisions, and information concerning a subdivision, a partition
or a common boundary line adjustment.
means the place of business of persons engaged in a profession,
such as accounting, architecture, law, estate brokerage, landscape
architecture, and medical or dental practice.
means a building or use principally of an institutional nature
and serving a public need, such as governmental agencies, religious
institutions, public utilities, schools, hospitals, libraries, museums,
fire and police stations, clubs and lodges, parks, and other public
buildings or uses, but not including uses that are open to the public
such as bars, restaurants or recreational facilities that are used
for commercial enterprise.
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 plat or equipment for the
conveyance of telegraph, telephone messages, with or without wires,
for the transportation as common carriers, or for the production,
transmission, delivery, or furnishing of heat, light, water, or power,
or sanitation services, directly or indirectly to the public.
means the Public Works Director or his/her duly authorized
representative.
means a vacation trailer or other unit with or without motive
power that is designed for human occupancy and to be used temporarily
for recreational, seasonal, or emergency purposes.
means a building wherein persons regularly assemble for religious
worship and which is controlled and maintained by a religious body,
together with all accessory buildings and uses, including day school
facilities, parking, caretaker's housing (limited to one single-family
dwelling or dwelling unit) a Residential Facility or Residential Home,
and day care facilities when operated by the religious body. All buildings
and uses shall adhere to applicable standards.
means a residential care facility, residential training facility,
or a residential treatment facility, as defined in ORS 443.400 and
licensed under ORS 443.410, that provides residential care and treatment
or training for six or more socially dependent individuals, individuals
with mental emotional or behavioral disturbances or alcohol or drug
dependence, individuals with physical disabilities, individuals with
mental retardation or other development disabilities, in one or more
dwellings on contiguous properties.
means a residential treatment or training home, as defined
in ORS 443.400 and licensed under ORS 443.410, that provides residential
care and treatment or training for five or fewer individuals with
mental retardation or other developmental disabilities, individuals
with mental, emotional or behavioral disturbances or alcohol or drug
dependence in one or more dwellings on contiguous properties. No "Residential
Home" shall admit persons requiring continuous nursing care.
means an engineered structure designed to maintain an earthen
bank.
means a single-family dwelling where lodging, but not meals,
is provided to guests for compensation, for time periods of at least
16 consecutive nights.
means any property where scrap, waste material, or other
goods, articles or secondhand merchandise are dismantled, sorted,
stored, distributed, purchased, or sold in the open.
means any public or private institution for learning meeting
State of Oregon accreditation standards.
means the required minimum distance between a property line
and the buildable area of a lot. Within the setback, certain development
is restricted (e.g., buildings, parking and auto maneuvering areas,
fence height, etc.). See "Lot Lines" and "Yards."
means an act of nature or unforeseen circumstance that constitutes
an uninhabitable living experience for an individual or group.
means a temporary use within a building, typically not used
as a residence, meant to provide relief during a severe event to individuals
who are homeless or at risk of exposure to a severe event.
means any group of tables and chairs, and its authorized
decorative and accessory devices, situated and maintained upon the
public sidewalk or along the private porches and arcades for use in
connection with the consumption of food and beverage sold to the public
from or in an adjoining indoor restaurant or delicatessen.
See Section 12.08.020.
means a structure that provides individual rooms with sleeping
accommodations for no more than two persons per room and shared or
communal bath, toilet, and cooking facilities for residents.
means a household containing an individual such as an elderly
or handicapped person with special housing needs.
means a pushcart, wagon, or any other wheeled vehicle or
device which may be moved without the assistance of a motor and is
used for the displaying, sorting, or transporting of articles offered
for sale by a vendor.
means that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
above. (See Basement.)
means any street or road, which is not a public street as
defined in this Code.
means a street or road which has been dedicated or deeded
for the use of the public. For the purposes of this Code, public street
may include "alley," "lane," "place," "court," "avenue," "boulevard,"
and similar designations, and any County roads and State highways.
means that which is built or constructed. An edifice or building
of any kind or any piece of work artificially built or composed of
parts joined together in some manner and which requires location on
or in the ground. This definition shall include, for the purpose of
this Code, a mobile home and accessories thereto.
means to divide an area or tract of land into four or more
lots within a calendar year when such areas or tract of land exists
as a unit or contiguous units of land under a single ownership at
the beginning of such year.
means either an act of subdividing land or an area or a tract
of land subdivided as defined in this Section.
means any constructed or prefabricated pool used for swimming
or bathing, 24 inches or more in depth.
means an accessory use within or physically connected to
a brewery that allows customers to purchase beer, wine or alcohol
for onsite consumption and in containers for offsite consumption.
Such areas may include retail sale of merchandise and/or entertainment
activities. Permitted restaurants (whether outright by zoning or upon
conditional approval) that serve the brewery's product may satisfy
a micro-brewery's requirement to have a tap room onsite.
means a residential building containing multiple dwelling
units, each located on its own parcel with a common or abutting wall
along shared parcel lines. Each dwelling unit has its own external
entrance. No more than one dwelling unit may be located on a single
parcel. There are two types of townhouses: two-unit townhouses and
three+-unit townhouses (buildings containing three or more dwelling
units).
means an area of contiguous land of at least sufficient size
to meet minimum zoning requirements for use, coverage, and area, and
to provide such yards and other open spaces as are required by this
Code; such property shall have frontage on a public street or such
other access approved by the approving authority under provision of
this Code. A unit of land may be:
means all territory, whether incorporated or unincorporated,
located within the Roseburg Urban Growth Boundary.
means the purpose for which land or a structure is designed,
arranged or intended, or for which it is occupied or maintained.
means a building, structure, or use permitted outright in
a zoning district, and which complies with all of the regulations
applicable in that district.
means the primary use of a lot or site, and includes a permitted
or conditional use.
means a deviation from the strict application of standards
established by this Code with respect to lot area and dimensions,
setbacks, building height, and other such standards. The authority
to grant a variance does not extend to use regulations.
means the sale of food or merchandise from a stand operating
on private property within the Downtown area.
means a business establishment in which veterinary services
are rendered to domestic animals.
means a business where the principle operation is to receive,
store and move goods for the business, other businesses or customers.
means a business where the principle operation is the selling
and/or distributing merchandise to retailers; to industrial, commercial,
institutional, or professional business users, or to other wholesalers;
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies. This is not considered
a general retail use.
means the required minimum open space on a property, determined
by required setbacks, which is unobstructed from the ground upward,
except as otherwise provided in this Code.
means a yard between side lot lines measured horizontally
at right angles from the front lot line.
means a yard between side lot lines measured horizontally
at right angles from the rear lot line.
means a yard between the front and rear yard measured horizontally
at right angles from the side lot line. Side yard widths shall be
determined based on setback requirements for interior and exterior
side lot lines. See "Lot Line, Side."
means a principal residential building containing one dwelling
unit located on a single lot that is either unattached to another
dwelling unit, or attached to only one other dwelling unit by a common
wall. The building is shifted to one side of the parcel so that there
is a more usable side yard on one side of the building and very little
or no private yard on the other side.
A zero-lot-line house development must consist of at least two
contiguous parcels with frontage on the same street.
Zero-lot-line house developments require that the planning for
all house locations be done at the same time.
The interior side setback on one side of the lot containing
a zero-lot-line house may be reduced to as little as zero. The zero
or reduced setback side of a zero-lot-line house may not abut a street
and may not abut a lot that is not part of the zero-lot-line house
development. On the "non-zero" side, a setback must be provided equal
to at least two times the minimum side setback requirement of the
subject Zoning District.
Driveways may not be located in the required side setback.
Eaves on the side of a house with a reduced setback may not
project over the property line.
When the zero-lot-line building's exterior wall or eaves are
set back less than two feet from the abutting property line, a perpetual
maintenance easement at least five feet in width and of a length equal
to the depth of the structure it benefits as measured from the front
property line, must be provided on the parcel abutting the zero-lot-line
property line, which must be kept clear of structures that would prevent
maintenance of the zero-lot-line house. A copy of the recorded easement
(unless the dwelling units are joined by a common wall) must be provided
prior to site plan approval. This provision is intended to ensure
the ability to conduct maintenance on the zero-lot-line house.
The side of the house which faces the reduced or zero-lot-line
setback of the parcel on which it is situated shall not have windows,
doors or other openings that allow for visibility. Windows that do
not allow visibility into the side yard of the parcel abutting the
zero or reduced setback side, such as clerestory windows or translucent
windows, are allowed, subject to compliance with the building code.
(Ord. 3514, § 1, 11-26-2018; Ord. 3520, § 1, 3-11-2019; Ord. 3538, § 1, 3-23-2020; Ord. 3545, § 1, 12-14-2020; Ord. 3561, § 1, 6-28-2021; Ord. 3566,
§ 1, 3-28-2022)
