City of Lake Oswego, OR Definitions and Rules of Measurement

Interpretation.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2841, Amended, 9-1-2020]

For the purposes of this Code certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense includes the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided.

In the case of conflict between two similar or identical terms, the term identified as Historic Preservation or Solar Access shall take precedence over the general term when applied to historic preservation or solar access requirements.

Definition of Terms.

[Ord. No. 2579, Repealed and Replaced, 3-20-2012; Ord. No. 2526, Amended, 12-18-2012; Ord. No. 2599, Amended, 12-18-2012; Ord. No. 2612-A, Amended, 5-21-2013; Ord. No. 2635, Amended, 5-6-2014; Ord. No. 2639, Amended, 6-3-2014; Ord. No. 2643, Amended, 11-4-2014; Ord. No. 2651, Amended, 2-17-2015; Ord. No. 2644, Amended, 4-7-2015; Ord. No. 2667, Amended, 10-20-2015; Ord. No. 2668, Amended, 12-1-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2695, Amended, 2-16-2016; Ord. No. 2709, Amended, 5-17-2016; Ord. No. 2723, Amended, 10-18-2016; Ord. No. 2725, Amended, 12-6-2016; Ord. No. 2732, Amended, 2-21-2017; Ord. No. 2762, Amended, 3-6-2018; Ord. No. 2783, Amended, 6-19-2018; Ord. No. 2784, Amended, 7-3-2018; Ord. No. 2797, Amended, 11-6-2018; Ord. No. 2815, Amended, 7-16-2019; Ord. No. 2832, Amended, 1-7-2020; Ord. No. 2841, Amended, 9-1-2020; Ord. No. 2851, Amended, 9-15-2020; Ord. No. 2853, Amended, 11-3-2020; Ord. No. 2847, Amended, 1-4-2022; Ord. No. 2884, Amended, 4-5-2022; Ord. No. 2892, Amended, 6-7-2022; Ord. No. 2909, Amended, 2-7-2023; amended 12-5-2023 by Ord. No. 2928; Ord. No. 2938, Amended, 4-2-2024]

The following terms shall mean, except as may be otherwise defined for a specific section:

100-YEAR FLOOD

See LOC § 50.05.011.3.c, "Flood, Base."

AASHTO

American Association of State Highway and Transportation Officials.

ABUT

Contiguous to; for example, two lots with a common property line. However, "abut" does not apply to buildings, uses, or properties separated by public right-of-way, rivers or canals.

ABUTTING PARCELS

Parcels of land that share a common boundary.

ACCESS

The place, means or way by which pedestrians or vehicles have ingress to and/or egress from a lot or use. (But see "Access" definition for purposes of Access/Access Lanes (Flag Lots) development standard, LOC § 50.06.003.1.a.)

ACCESS LANE

The area on private property that extends from the public right-of-way and is permitted to provide ingress and egress for two to three lots by applicable surface modes of travel.

ACCESSORY STRUCTURE (ACCESSORY BUILDING)

Any detached structure the use of which is subordinate and consistent with that of the primary structure and which is consistent with the structures and uses allowed in the zone in which it is located. Examples: play structures, sheds, and gazebos.

ACCESSWAYS

A strip of land intended for use by pedestrians and bicyclists that provides a direct route where the use of public roads would significantly add to the travel time and/or distance.

ADJACENT

Touching; across a public right-of-way from; across an easement from; across a small stream or creek from.

AERIAL

A privately owned and operated antenna for noncommercial uses subject to height limitations as specified in LOC § 50.04.003.4, General Exception to Structure Height Limitations. For the purposes of this Code, "aerial" includes ham radio antennas and is not a "telecommunications facility."

AGRICULTURE

Farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing and raising of livestock (except in feedlots); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise.

ALLEY

Public right-of-way which provides a vehicular means of access to abutting property from other than a street.

ALTER

To change or modify the construction or occupancy of a building, structure, site feature, or use of land.

ALTERATION (HISTORIC PRESERVATION)

Alteration: An addition to, or removal of a portion of, or reconfiguration of a landmark that changes an elevation of a landmark or contributing resources (not applicable to National Register properties; see "Demolition"). Construction or placement of an accessory structure on a property that contains a historic landmark, except on sites over one acre in size or placement of an accessory structure more than 300 feet from the landmark structure or resource, is an "alteration" of the Landmark.

ALTERATION, MAJOR (HISTORIC PRESERVATION)

An exterior alteration that is not a minor alteration.

ALTERATION, MINOR (HISTORIC PRESERVATION)

An alteration (historic preservation) that does not:

Change the height of the building;

Make a substantial change to an elevation visible from the public right-of-way, a public open space, or Oswego Lake;

Increase the floor area more than 20% provided the building addition or accessory structure is not visible from the public right-of-way, a public open space, or Oswego Lake; and

Reduce the square footage of the original structure other than removing previous additions or treatments that did not contribute to the historical or architectural significance of the landmark as stated in the findings of fact for the landmark designation.

An alteration that is not a minor alteration is a major alteration.

AMBULANCE SERVICES

Facility that stores and dispatches ambulances that provide emergency medical services to patients during their transport to a medical facility for medical treatment and care.

APPLICANT

The owner of land, a representative designated in writing by the owner, a contract purchaser, City representative or other person requesting some action under the terms of this Code.

ARCADE, GAMING

An establishment or room set aside in a retail or commercial business where three or more amusement devices are operated. An “amusement device” is a machine or device for the purpose of amusement or skill and for the playing of which a fee is charged, such as a video game or pinball machine.

ARCHAEOLOGICAL RESOURCE

An archaeological site or materials for which a permit is required by ORS 390.235 to excavate or alter.

ART GALLERY

A room or series of rooms where works of art are publicly exhibited for display or sale.

AUTO AND LIGHT VEHICLE RENTAL

A business that uses a building or land area for the parking and short-term rental of automobiles, light trucks, snowmobiles, motorcycles, and other vehicles with a gross vehicle weight of under 10,000 pounds, including incidental storage, maintenance, and servicing. This does not include sales of boats, which is listed as a separate use.

AUTO AND LIGHT VEHICLE SALES

A business that is primarily engaged in the retail sale of new and used automobiles, light trucks, snowmobiles, motorcycles, and other vehicles with a gross vehicle weight of under 10,000 pounds, including incidental storage, maintenance, and servicing of the vehicles offered for sale. This does not include sales of boats, which is listed as a separate use.

AUTO SERVICE STATION AND LIGHT VEHICLE REPAIR

A business primarily engaged in selling and installing vehicle parts, gasoline and lubricating oils, batteries, and tires, or servicing automobiles, boats, and other light vehicles. This use may include accessory sales or related goods. The use does not include vehicle painting, body work, tire recapping or mechanical car washing equipment capable of washing more than one car at a time.

ARTIFICIAL SKY GLOW (LIGHTING)

The brightening of the night sky attributable to sources of light that are not generated by nature.

AVERAGE DAILY TRAFFIC

The known average of the number of vehicles which pass a given point in a 24-hour period.

AVERAGE DAILY TRIP (ADT)

The estimated or known trip average of the number of one-way trips generated by a particular use during a 24-hour period.

BACKFILL

The material placed in a trench over a sewer or water pipe, or other utility structure.

BAKERY

A facility for the production, distribution, or retail or wholesale sale of baked goods, primarily for consumption off site. The products may be prepared either on or off site. Such use may include incidental on-site food and beverage consumption that complements consumption of baked products.

BALANCED CUT AND FILL

The placement of fill material that is balanced with removal of an equal amount of material, such as sand, gravel, soil, rock, and building materials.

BAR

A business that primarily dispenses alcoholic beverages, such as beer, wine or liquor, and in which the sale of food products such as sandwiches and light snacks is secondary.

BASE FLOOD

See LOC § 50.05.011.3.c, "Flood, Base" definition.

BASE HEIGHT

The height allowed by the underlying zone district prior to the application of any height exceptions that may be authorized by the Code.

BASEMENT

Any area of a building having its floor subgrade (below ground level) on all sides.

BAY WINDOW

A composite of two or more windows, or rounded windows, projecting (cantilevered) from the outer wall of a building and forming a recess within.

BIKEWAY

Any road, path, or way which is open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes.

BOARD (HISTORIC PRESERVATION)

The Historic Resources Advisory Board.

BOAT DOCK

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.

BOAT SALES AND REPAIR

A business primarily engaged in the retail sale and repair of new and used boats and boat accessories, including incidental storage and maintenance of boats offered for sale or to be repaired.

BOATHOUSE

A roofed structure built along the shore of a river, lake, canal or stream for the purpose of storing a boat or other watercraft and accessories. Incidental uses of a boathouse include, but are not limited to: sanitary facilities (including shower), cooking facilities, rooftop decks (including stairs, whether interior or exterior). The following uses are not permitted within a boathouse: habitable room(s), office, sleeping facilities, eating facilities.

BODIES OF WATER

Any outdoor swimming pool, spa or hot tub as defined by the State of Oregon One and Two Family Dwelling Specialty Code.

BUILD-TO LINE

The maximum distance a building may be set back from the front property line.

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy. If the building is located across separate parcels or lots and the portions of the building are separately owned, the "building" shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot.

BUILDING ENVELOPE

The area within the setback lines required by this Code for any lot.

BUILDING, MAIN

A building within which the principal use of a lot is conducted.

BUILDING REGULATIONS

The specialty codes as adopted by LOC Chapter 45.

BY-PASS

A drainage system to carry stormwater runoff around or through a specific area.

CABANA

Waterfront single-family dwelling or cluster development over the water on pilings.

CALIPER OR CALIPER INCH

Where this Code requires a minimum caliper or caliper inch tree, the caliper inch of the tree proposed to meet the requirement is determined by:

If the required caliper inch is less than four in., the circumference of the tree trunk is measured six in. above the root ball (for nursery stock or other trees not in ground), or, if planted, the ground.

If the required caliper inch is four in. or more, the circumference of the tree trunk is measured 12 in. above the root ball (for nursery stock or other trees not in ground), or, if planted, the ground. The circumference (in inches) is divided by 3.14 to determine the caliper inch of the tree.

CANDELA (LIGHTING)

The unit of luminous intensity of a lighting source emitted into a given direction.

CANOPY

A nonmovable roof-like structure attached to a building.

CANOPY FOOTPRINT (LIGHTING)

The area on the ground enclosed by vertical planes extending downward from the outer solid edge of a structure’s canopy.

CAPACITY

The effective ability of a pipe, conduit or other structure usually related to a sanitary sewer or water distribution system to carry the substance being transmitted by that system. Is usually expressed in gallons per minute or cubic ft. per second.

CAR WASH

A structure, or portion of a structure, containing facilities for the commercial washing of motor vehicles by hand or by using production-line, automated or semi-automated methods for washing, whether or not employing a chain conveyor, blower, steam-cleaning or similar mechanical devices.

CARPOOL

A group of two or more commuters, including the driver, who share the ride to and from work or other designation on a regularly scheduled basis.

CARPORT

A permanent roofed structure, open on at least one side, designed to provide covered parking for one or more motor vehicles (see "Garage").

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries.

CERTIFIED ARBORIST

An arborist who has passed the International Society of Arboriculture Certification Exam.

CITY

The City of Lake Oswego; its officers, employees and agents.

CITY ENGINEER

The person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer.

CITY MANAGER OR MANAGER

The person holding the position of City Manager or any officer or employee of the City of Lake Oswego.

CLEANOUT

A vertical opening providing equipment access to the end of a sanitary sewer line for purposes of flushing or cleaning the line.

CLOSED-END STREET

A street that has only one connection to any other existing through street or planned through street. Cul-de-sacs and dead-end streets are examples of closed-end streets.

COMMERCIAL EDUCATION

A school that offers special training in specific trades or occupations, such as mechanics or technology, or in a particular art or skill, such as music or business skills, and that does not meet the definition of a commercial recreation facility or an educational institution.

COMMERCIAL RECREATIONAL FACILITY

A facility that provides public amusement, or recreation, including swimming pools, water slides, athletic fields for organized competitive games, billiard and pool parlors, bowling alleys, ice or roller skating rinks, miniature golf, batting cages, skateboard parks, driving ranges, and go-kart tracks, that is operated primarily for financial gain.

COMMISSION

The City of Lake Oswego Development Review Commission or Planning Commission, depending on context.

COMMUNITY GARDEN

An area for cultivation of food crops and/or ornamental plants operated by a public or non-profit entity for more than one person or family with plots allocated among the participants or members, but where crops are not sold commercially.

COMPREHENSIVE PLAN

The Comprehensive Plan adopted by the City of Lake Oswego, as it now exists or is hereafter amended.

CONFLICTING USES

A "conflicting use" is one which, if allowed, could negatively impact a Statewide Planning Goal 5 resource site.

CONFLICTING USES (HISTORIC PRESERVATION)

The development or redevelopment planned for a property which may result in demolition, alteration or moving of a landmark or contributing resource. In the absence of a development proposal, the identified conflicting use is the most intensive use allowed in the zone.

CONGREGATE HOUSING

Multi-unit housing that: (a) consists of self-contained apartments with cooking facilities; and (b) complies with one of the following: (i) at least 80% of the apartments are occupied by at least one person 55 years of age or older; or (ii) the housing supports independent lifestyles for those who have a disability as defined in the federal Americans with Disabilities Act, including any amendments thereto, and who do not require residential care or skilled nursing services; and (c) provides varying levels of support services, such as meals, laundry, housekeeping, transportation, and social, recreation, cultural and education activities. The full range of services normally associated with a residential care facility are not provided in association with congregate housing.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

An age-restricted development that provides a continuum of accommodations and care, from independent living to convalescence care and long-term skilled nursing care, and enters into contracts to provide lifelong care. A CCRC typically includes a full range of living arrangements from independent living, congregate housing, residential care and skilled nursing and sometimes hospice care. CCRCs provide a range of ancillary facilities and services such as health care, meals with common dining facilities, physical therapy, education, recreation, and other social and cultural activities.

CONTRIBUTING RESOURCE (HISTORIC PRESERVATION)

A structure, site, or object in a historic district, and the property surrounding it, if so designated pursuant to this section, which is 50 years old or older, which may have received alterations, but retains its overall physical integrity, contributes to the integrity of the historic period represented in the district, but individually does not merit landmark status. A contributing resource must be specifically designated pursuant to the provisions of this section.

CONVENT

A local community or house of a religious order or congregation.

CORNICE

The horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on the street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential uses on levels above.

COTTAGE CLUSTER

A grouping of no fewer than five and no more than eight detached cottage cluster dwellings, which includes a common courtyard.

COURTYARD

An open space surrounded or mostly surrounded by walls or buildings. Commercial courtyards shall consist of some textured materials or pavers and shall contain one or more of the following elements: landscaping, fountain, arbor, or outdoor furniture.

COURTYARD, COMMON

A common area for use by residents of a cottage cluster.

CREEK

A natural stream of water typically smaller than and often tributary to a stream or a river.

CREMATORIUM

A building with a furnace for cremating dead bodies, either animal or human, that may be located in a mortuary or as a separate use.

CROWN COVER

The area directly beneath the crown and within the drip line of a tree or shrub. The crown consists of the above ground branches, stems, and leaves.

CULTURAL RESOURCE (HISTORIC PRESERVATION)

Evidence of an ethnic, religious or social group with distinctive traits, beliefs and social forms.

CURFEW (LIGHTING)

A time each night after which certain electric illumination must be turned off or reduced in intensity.

CUT OR EXCAVATION

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

DAMAGED

A building or site feature, or part of a building or site feature, that has been ruined or destroyed by intentional or unintentional actions of persons or inanimate objects, or by natural forces, so that its function and usefulness have been impaired, or its value has been diminished so that it needs to be reconstructed or repaired to restore its functionality and value. Damage does not include dismantling of a building or site feature or portion of a building or site feature in the course of voluntary reconstruction or repairs.

DAY CARE CENTER

A business providing care, protection and supervision for any number of children or adults on a regular basis away from their primary residence for less than 24 hours per day that does not meet the definition of a Certified Family Child Care Home or a Registered Family Child Care Home. This use includes preschools and adult day care facilities.

dBA

The weighted sound pressure level measured by the use of a sound level meter using an A-weighted network and reported as decibels. Measurement used to describe the relative loudness of sounds in the air as perceived by the human ear.

DECK

A non-enclosed platform (excluding above-grade entry walkways) constructed on or above the ground, used for several purposes, including leisure, social gatherings, etc.

DELINEATED RESOURCE

An RP district stream corridor or wetland, or an RC district or HBA overlay tree grove delineated pursuant to LOC § 50.07.004.8.d.

DELINEATION (RESOURCE)

An analysis of a resource by a qualified professional that determines its boundary to plus or minus two ft. A resource delineation includes a survey map of the resource prepared by a professional surveyor or engineer.

DEMOLISH (HISTORIC PRESERVATION)

LANDMARK

To raze, destroy, dismantle, deface or in any other manner cause partial or total destruction of a landmark or contributing resource.

NATIONAL REGISTER PROPERTIES

See LOC § 50.06.009.9.b.

DENSITY TRANSFER AREA

Potentially hazardous or resource areas within which development may occur or from which density may be transferred to buildable portions of an eligible site, only after it has been demonstrated by the applicant that development can occur in compliance with criteria established by this Code, including the development standards. "Density transfer area" includes the following:

Area within the floodway and the floodway fringe as shown on the FEMA flood maps;

Area of over 25% slope;

Area in known landslide areas or in areas shown to have potential for severe or moderate landslide hazard;

Area in the RC or RP districts and HBA protection area pursuant to LOC § 50.05.010.4.c, Density Transfer, stream buffer areas of major stream corridors, wetlands and distinctive natural areas; and

Area to be dedicated as part of the development for public open space and parks.

DETACHED

A horizontal separation of three ft. or more, between the subject structure and nearby structures. The separation shall be from eave to eave, or where there are no eaves, the separation shall be measured between the closest elements (excluding breezeways no more than eight ft. in width measured from eave to eave, air conditioning units, heat pumps, and similar attached or connected fixtures to the structure) of the two structures. (If the distance of separation is less than three ft. between two structures, they shall be deemed to be "attached.")

DETENTION

The act of detaining or storing stormwater runoff for a short period of time during and after a storm.

DEVELOPMENT

Any manmade change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, mining, dredging, filling, excavation, drilling operations or removal of trees.

DEVELOPMENT PERMIT

Written authorization for a development to proceed as described in an application, such authorization having been given in accordance with this Code.

DEVELOPMENT SITE

The total area of parcel(s) or lot(s) prior to a development action, such as a partition or subdivision, or other development activity.

DEVELOPMENT (SOLAR ACCESS)

Any partition, subdivision or planned development for which a development permit is required.

DEVELOPMENT STANDARDS

LOC Article 50.06, inclusive, of this Community Development Code.

DIAMETER AT BREAST HEIGHT OR DBH

The tree trunk diameter measured at 4.5 ft. (54 in.) above mean ground level at the base of the trunk, except that if a tree splits into multiple trunks above ground but below 4.5 ft., the trunk is measured at its most narrow point beneath the split. The diameter is calculated by dividing the circumference by 3.14.

DITCH

A manmade water conveyance channel. Channels that are manipulated streams are not considered ditches.

DRAINAGE

A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; commonly applied herein to surface water.

DRAINAGE PATTERN

The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the man-made element which includes culverts, ditches, channels, retention or detention facilities, and the storm sewer system.

DRAINAGEWAY

An open linear depression, whether constructed or natural, which functions for the collection and drainage of surface water. It may be permanently or temporarily inundated.

DRIPLINE

The outer limit of a tree’s branches, projected to the ground. The point where water dripping off the canopy will hit the ground.

DRIVEWAY

A vehicular accessway that has, as its primary purpose, the provision of a driveable connection between a structure or parking area on a lot and connecting to the shared access easement, access lane, or public street system. "Driveway" may include parking pads, turnaround areas, and parking lot aisles.

DRIVEWAY APPROACH

That portion of the driveway that is situated in the public right-of-way.

DRIVEWAY GRADE

The ratio of the change in elevation to the change in horizontal distance traveled, measured along the steepest ten-ft. increment along the centerline of the traveled way. Grades are expressed in percent.

DRY CLEANING OR LAUNDRY PLANT

A business where laundry or dry cleaning is performed in bulk and primarily for commercial and institutional customers. This use does not include self-serve laundromats or facilities where the public drops off or picks up dry cleaning or laundry that is cleaned off site.

DUPLEX

Two attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling with an adjacent dwelling unit. The common wall shall consist of a structural wall that is shared for at least 25% of the length of the side of each dwelling unit or the common floor/ceiling shall consist of at least 25% of the floor area of each dwelling unit.

DWELLING, CARETAKER OR WATCHPERSON

A dwelling unit on a nonresidential property occupied by the person or family who oversees or guards the property.

DWELLING, COTTAGE CLUSTER

A single detached dwelling within a cottage cluster.

DWELLING, LIVE-WORK

A building that contains one or more commercial or office spaces on the first floor connected to residential units above or behind the commercial or office space, and the ownership of the building is not divided between the residential and commercial portions of the building.

DWELLING, MULTI-FAMILY

A building on one or more lots designed to contain five or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate lots. "Multi-family dwelling" includes structures commonly called garden apartments, apartments and condominiums.

DWELLING, SINGLE-FAMILY, DETACHED

A detached dwelling unit designed and used for that purpose, located on its own lot, that does not share walls with any other primary dwelling.

DWELLING UNIT

One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, sanitary facilities, cooking and eating.

[Cross-Reference: See also “Family” definition referring to occupancy of dwelling unit as a single housekeeping unit.]

DWELLING UNIT, ACCESSORY

An accessory dwelling unit (ADU), either internal to, attached, or separate from a detached single-family dwelling unit and on the same lot as that dwelling. The following dwelling configurations shall constitute an ADU regardless of whether the occupants of the second dwelling unit are a part of the family of the occupants of the primary dwelling unit:

An accessory structure that contains all of the elements of a dwelling unit within the accessory structure and the accessory structure complies with LOC § 50.03.004.1.b.vi; or

A portion of the primary structure that contains the elements of an ADU pursuant to LOC § 50.03.004.1.b.vi, and the other portion of the primary structure meets the definition of "dwelling unit," and the two portions are physically separated from each other so that the usual and customary use of the two portions of the structure is as separate dwelling units, not as a single, interconnected housekeeping unit.

EASEMENT

A grant of the right to use designated land for specific purposes.

ECOROOF

A vegetated roof system that serves as a stormwater facility as reviewed and approved by the City Engineer.

EDUCATIONAL INSTITUTION

Public or private institution at the kindergarten, primary, elementary, middle, high school, or post-secondary level that provides educational instruction to students, generally leading to a certificate or diploma based on a curriculum recognized by the state of Oregon, and that holds all required licenses from the state for the services it provides. This use does not include facilities meeting the definition of a "day care center," "certified family child care," "registered family child care," "commercial education," or "commercial recreation facility." Accessory uses may include play areas, cafeterias, recreational and sport facilities, auditoriums, administrative office facilities, and before- or afterschool day care.

ELIGIBLE/CONTRIBUTING (HISTORIC PRESERVATION)

A building, structure, object, or site originally constructed 50 years or more ago or is less than 50 years old, but is of exceptional historic or architectural significance and retains and exhibits sufficient historic integrity to convey a sense of history. If located within an existing or potential historic district, the building, structure, object, or site would strengthen the historic integrity of the district.

ELIGIBLE/SIGNIFICANT (HISTORIC PRESERVATION)

A building, structure, object, or site originally constructed 50 years or more ago or is less than 50 years old but is of exceptional historic or architectural significance and retains and exhibits sufficient historic integrity to convey a sense of history. If located within an existing or potential historic district, the building, structure, object, or site would strengthen the historic integrity of the district and would qualify to be considered for designation as a landmark or contributing resource.

EMERGENCY

Any event or circumstance causing or threatening life, injury to persons or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

EQUESTRIAN FACILITY

A facility designed and intended for boarding horses, educational programs, and the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, and similar events of other equestrian disciplines.

EROSION

Detachment and movement of soil or rock fragments by water, wind, gravity, frost and ice or by mechanical action caused by development activities.

ESEE ANALYSIS (HISTORIC PRESERVATION)

An evaluation in which the economic, social, environmental and energy consequences to the community of designating or preserving a historic or cultural resource are considered and balanced with the community benefit of allowing change or loss of the historic or cultural resource to a conflicting use.

ESEE PROCESS ANALYSIS

The Economic, Social, Environmental, and Energy Analysis required under Statewide Land Use Planning Goal 5. The purpose of the ESEE analysis is to balance the relative value of an inventoried natural resource against conflicting uses and thereby determine an appropriate level of protection through land use regulations. The ESEE analysis that formed the factual basis for the Sensitive Lands Overlay Districts (LOC § 50.05.010) and was used initially to designate properties for protection under the program is the Lake Oswego Resource Areas Report and ESEE analysis, dated April 1, 1997, as revised on July 15, 1997.

EXCEPTIONAL SIGNIFICANCE (HISTORIC PRESERVATION)

As used in "exceptional historic significance" or "exceptional architectural significance," the quality of historic significance achieved outside the usual norms of age, association, or rarity.

EXCHANGE CARRIER

A provider of telecommunications services.

FACADE

All the wall planes of a structure as seen from the one side or view. For example, the front facade of a building would include all of the wall area that would be shown on the front elevation of the building plans.

FACADE LIGHTING (LIGHTING)

Floodlighting aimed solely at the facade of a building or structure.

FAMILY

Persons living together in a dwelling unit as a single housekeeping unit.

FAMILY CHILD CARE HOME, CERTIFIED

A certified family child care home is a child care facility located in a building designed as a single family dwelling that has a valid certificate issued by the state of Oregon under OAR 414-350 to care for a defined maximum number of children at any one time.

FAMILY CHILD CARE HOME, REGISTERED

A registered family child care home is the residence of a child care provider who has a current family child care registration issued by the state of Oregon under OAR 414-205 at that address and who provides care in the family living quarters.

FARM STAND

A temporary or permanent structure used for the sale of fresh produce and seasonal items, including flowers, holiday trees, and wreaths.

FARMING

To cultivate or produce a crop on.

FENCE

A freestanding structure, not including a hedge or other natural growth, resting on or partially buried in the ground and rising above ground level, used for confinement, screening, enclosure, security, or partition purposes. A railing provided for public safety purposes does not constitute a fence.

FENESTRATION

Doors and/or windows.

FILL

Placement of any soil, sand, gravel, clay, mud, debris and refuse or any other material, organic or inorganic.

FIRE CODE

The Oregon Fire Code as adopted or amended by LOC Chapter 15, and any other applicable provisions of LOC Chapter 15.

FIRE DEPARTMENT/DELIVERY VEHICLE TURNAROUND

An area providing space for the maneuvering of fire fighting vehicle or other vehicles (in the case of a delivery or loading area) consistent with LOC Chapter 15 (Fire Protection).

FISH AND WILDLIFE HABITAT

Lands that contain significant food, water, or cover for native terrestrial and/or aquatic species of animals. Examples include forests, fields, riparian areas, wetlands, and water bodies.

FITNESS AND EXERCISE FACILITY

A business providing facilities primarily used for personal exercise or fitness, including but not limited to gyms, dance studios, martial arts schools, weight or aerobic training rooms, and yoga centers, but not for amusement, and that is operated or carried on primarily for financial gain.

FLAG LOT

A lot that was created after September 6, 1998, and:

Has the actual building site located behind another lot; and

Takes access from the street via:

A driveway or access lane that is part of the lot and the width narrows to less than the minimum lot width for the zone; or

ii.

An access easement.

FLOOD MANAGEMENT AREA

See LOC § 50.05.011.3.g.

FLOODPLAIN (OR FLOOD PLAIN)

The area bordering a watercourse encompassing both the floodway fringe and the floodway inundated during the base flood. In addition to the above definition, for purposes of LOC § 50.06.006.3.b, (Standards for Approval), "floodplain" shall include the land areas adjoining all streams, lakes, ponds, or wetlands that are subject to inundation by the base flood.

FLOOR AREA

The gross building floor area excluding:

Attic (the unfinished space between the ceiling joists of the top story and the roof rafters);

Vent shafts;

Courtyards;

Garages, except as modified in:

The R-5 zone (LOC § 50.04.001.2.d.i(1), for residential development);

ii.

The R-6 zone (LOC § 50.04.001.2.d.i(1), for outright permitted residential development);

iii.

The R-7.5, R-10, and R-15 zones (LOC § 50.04.001.1.d.i(1), for dwellings);

Allowable projections per LOC § 50.04.003.8.a, Projections from Buildings;

Decks;

Patios;

Uncovered exit stairs;

Uncovered, above-grade driveways; and

Seasonal restaurant enclosures.

FLOOR AREA RATIO (FAR)

The ratio of the floor area to the lot size. The greater the FAR, the greater the floor area relative to the size of the lot. For example, a building occupying one-fourth of the net site areas has a FAR of 0.25:1, or 0.25; adding a complete second floor to the same building increases the FAR to 0.50:1, or 0.5.

FOOD MARKET

A business engaged in retail sales of primarily food and beverages for off-site preparation and consumption that maintains an inventory of fresh fruits, vegetables, fresh-cut meats, or fresh seafood or specializes in the sale of one type of food item. In addition to the above, a food market may also sell personal convenience and small household goods.

FOOD SERVICE CONCESSION

A business that sells food, drink, and other consumable merchandise for the sole purpose of serving users of a park, natural area, school, or public facility and as approved by the operator of the designated park, natural area school, or public facility.

FOOT-CANDLE (FC)

The density of luminous flux (lumens) incident at a point on a surface having an area of one sq. ft.

FOOTPRINT

The polygon formed by (a) the surrounding exterior walls of a building or portion thereof, and (b) any structure which is over 30 in. in height with or without exterior walls, but exclusive of vent shafts and courtyards. The footprint does not include the ground area under the eaves of the building or structure.

FOOTPRINT, COTTAGE CLUSTER DWELLING

The horizontal area as seen in plan view, measured from the outside of all surrounding exterior walls and supporting columns of a cottage cluster dwelling. It includes cottage cluster dwellings and any attached garages, as well as cantilevered portions of the dwelling on a second floor. It does not include detached garages or carports; accessory structures; trellises; patios; up to two ft. of eaves; and areas of porches, decks, and balconies less than 30 in. above finished grade.

FOOTPRINT, FLAT

A footprint that is not a sloped footprint.

FOOTPRINT, SLOPED

A footprint where the highest ground surface at the exterior wall of a building or proposed building or below any projecting deck is more than ten ft. above the lowest ground surface at the time of building permit application. For the purposes of determining building height, ground surface shall mean: The elevation of the existing ground surface at the time of building permit application.

FOUNDATION SOIL, POTENTIAL WEAK

A generalized map of locations of potential weak foundation soils is maintained at the Public Works Department, City Hall. However, the actual condition of the site will determine whether such soils exist.

FOUNDATION SOILS, WEAK

Those which may cause overall settlement or differential settlement resulting in damage to structures not designed to accommodate movements. Weak foundation soils have one or more of the following characteristics: low strength, compressibility, high organic material content, high shrink-swell ratio or elasticity, or slow percolation and wetness.

FULL STREET

For the purposes of providing multi-modal access, a street section that includes auto and bike travel surface, and pedestrian travel area, lighting, landscaping, drainage and all other City standards or requirements.

FUNCTIONS AND VALUES (RESOURCE)

"Functions and values" are the benefits provided by resources. The benefits may be physical, environmental, aesthetic, scenic, educational, or some other nonphysical function, or a combination of these. For example, the functions and values of a wetland can include its ability to provide stormwater detention for "x" units of water draining "y" acres, and its ability to provide food and shelter for "z" varieties of migrating waterfowl. In addition, an unusual native species of plant in a natural resource area could be of educational, heritage, and scientific value. Most natural resources have multiple functions and values.

GARAGE OPENING

The garage door, or in the case of a carport, the opening from which cars enter or exit the carport.

GARAGE, PRIVATE

A structure having one or more stories, used for the parking of motor vehicles belonging to tenants, employees or owners of the property for which the parking spaces contained in or on said garage are required by LOC Chapter 50 and are not open for use by the general public. A carport is a garage.

GARAGE, PUBLIC

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. Public parking garages may include parking spaces for customers, patrons or clients which are required by this Code, provided said parking spaces are clearly identified as parking space(s) for the building or use.

GARAGE, REPAIR

A building used for the care and repair of motor vehicles, including major and minor work such as body and fender work or engine and transmission overhaul, and incidental parking of vehicles.

GARAGE, SIDE-LOADING

A garage that meets the definition of a private garage but is located such that the garage doors, or in the case of carports, the vehicle access openings, face a minimum of 80° away from the street as shown below.

GARAGE WALL AREA

The garage wall area includes the entire area on the specified side of a structure between the ceiling, floor, and walls of the garage, including the garage door.

GATE

An opening in a wall or fence or the frame or door that closes a gate.

GENERAL STORAGE

An indoor facility or outdoor area for the storage of unoccupied light or heavy vehicles or boats, or an indoor area for commercial storage or warehousing, customarily for compensation. This use does not include self-service storage or mini-storage facilities.

GLARE

Light that causes visual discomfort or disability, and the wattage and/or light distribution that is excessive for the purposes for which the illumination is necessary.

GRADE

The ground surface next to a structure that is constructed to the earth (example: building with foundation) or next to a tree when the height of the tree is at issue, or under a structure that is not constructed to the earth (example: decking).

GRADE, UTILITY OR STREET

The slope, measured in percent, of a street, pipe, or conduit as part of a utility system.

GROSS BUILDING FLOOR AREA

The combined square footage area (measured from the exterior of the surrounding exterior wall framing or, for a carport, to the exterior posts/walls supporting the carport) of a building or portions thereof of all stories of a building. Where a square footage limitation is imposed by this Code upon a building or structure, the method of measuring the square footage shall be presumed to be by "gross building floor area" unless otherwise stated.

GROUP CARE HOME

Any dwelling licensed under the authority of ORS 443.400 which provides residential care and training to five or fewer adults with mental health conditions, intellectual, learning or developmental disabilities, or alcohol or drug dependencies, or those who are elderly, or physically disabled. "Residential care" means as defined in ORS 443.400. "Group care homes" are also known as "residential treatment home" and "residential training home" under ORS 442.400. Additional "family" members related to the five or fewer adults may reside in the dwelling, as part of a single housekeeping unit, e.g., persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship, or a foster care relationship.

GUEST HOUSE

An accessory structure of less than 400 sq. ft. with no cooking or kitchen facilities, used for occasional temporary lodging of persons, and for which no payment or compensation is given in whole or part for lodging or use of the guest house.

GULLY

A long, narrow channel worn by the action of water, particularly on a hillside. It is much smaller than a ravine. Several gullies often lead to a ravine.

HABITABLE

"Habitable" means the portion of any building or structure used, or intended for use on a day-to-day basis, by people for residential purposes, or for purposes of conducting a commercial or industrial business, public use, or institutional use, or for purposes of a similar nature.

HABITAT BENEFIT AREA (HBA) PROTECTION AREA

The portion of an HBA resource identified pursuant to LOC § 50.05.010.5.b, HBA protection area.

HABITAT BENEFIT AREA (HBA) RESOURCE

A tree grove designated with an HBA overlay zone pursuant to LOC §§ 50.05.010 and 50.07.004.8.

HARDSCAPE (LIGHTING)

Permanent improvements to a site other than a building, including, but not limited to, parking lots, driveways, streets, plazas, sidewalks, walkways, bikeways, abutments, stairs, ramps, and architectural features.

HAS (HABITAT ASSESSMENT SCORE)

The numerical ranking applied in an ESEE inventory which represents the relative wildlife habitat values of a given natural resource site in comparison with other sites in the City. Six features are evaluated to determine the total Wildlife Habitat Assessment Score:

Water;

Food;

Cover;

Disturbance;

Linkage;

Unique features.

Each feature receives a "High, Medium, or Low" description and a numeric ranking as shown in the HAS rankings sheet in the Lake Oswego Resource Areas Report and ESEE analysis dated April 1, 1997, as revised on July 15, 1997 (on file in the Planning Department), to the Sensitive Lands districts. The maximum possible score is 124. A minimum score of 35 is necessary for a site to be considered significant for wildlife values. See the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE analysis (on file in the Planning Department) for a detailed explanation of the methodology used in applying the HAS rankings.

HAZARDOUS SUBSTANCES

Any substance listed or described as hazardous in ORS Chapter 453 (Hazardous Substances). "Hazardous substances" are toxic, corrosive, irritants, strong sensitizers, flammable, combustible, or generate pressure through decomposition, heat or other means. Hazardous substances or mixture of substances may cause substantial personal injury or illness during, or as a proximate result of any customary or reasonably foreseeable handling or use.

HEARING BODY

The Lake Oswego Development Review Commission, Planning Commission or City Council.

HEAVY MANUFACTURING

A business engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or manufacturing processes using hazardous, flammable or explosive materials, or manufacturing processes that potentially involve hazardous conditions, and is otherwise not considered to be a "light manufacturing" use. Use may involve outdoor operations.

HEAVY VEHICLE REPAIR

A facility that is engaged in the repair of heavy equipment including but not limited to tractors, recreational vehicles and semi-trucks and trailers, but not including boats. Includes remanufacturing of engines and electrical systems for heavy vehicles and equipment.

HEIGHT OF BUILDING

The vertical distance above a reference point measured to the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the gable of a pitched or hipped roof.

The reference points are determined as follows:

If, for purposes of construction of a structure, an artificial elevation of the ground surface results: the elevation of any ground surface prior to construction at or within the exterior wall of the building.

If, for purposes of construction of structure, there is an alteration or artificial lowering of the ground surface: the elevation of any ground surface after construction at or within the exterior wall of the building. See figure below, Measurement of Building Height.

On Lots within the Flood Management Area:

The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface, except that if the structure elevates the ground surface to the minimum required for the purpose of raising the floor level above the base flood elevation consistent with LOC § 50.05.011, Flood Management Area, then the reference point shall be the elevated ground surface.

ii.

Residential – Waterfront Cabanas (R-W) Zone: the Oswego Lake Surface Elevation.

On Lots within a Subdivision, with or without a Planned Development Overlay: For the purposes of determining building height, ground surface shall mean the elevation of the:

Natural ground surface; or

ii.

Altered ground surface, as a result of the prior subdivision approval.

Exception: The ground surface of a window well shall be deemed to be the same as the adjacent ground surface when the dimensions of the window well do not exceed three ft. by six ft. and the cumulative width of the window well(s) on a building facade does not exceed 40%.

HEIGHT, FENCE

The height of a fence is determined by measuring the vertical distance from the down slope side of grade below the fence at any point along the fence to the highest horizontal surface, except vertical structural members such as posts or columns that are no wider than two ft. and that are spaced not closer than eight ft. (other than when located on either side of a gate or portal) and ornamental features on top of the posts or columns shall not be used in determining height. For the purpose of measuring fence height, the reference point for grade shall be pre-existing grade, where the grade is raised before the fence is constructed; existing grade, where grade is unchanged; or lowered grade, where the grade at the fence is lowered.

HEIGHT, RETAINING WALL

The height of a retaining wall is determined by measuring the greater vertical distance from top of the retaining wall to the top of the footing, except that as applied to retaining walls that act as seawalls around Oswego Lake and its bays and canals, the height is determined by measuring the greater vertical distance from top of the retaining wall/seawall to the average water level of Oswego Lake surface elevation.

HISTORIC DISTRICT (HISTORIC PRESERVATION)

A geographically defined area, the boundaries of which have been adopted pursuant to the provisions of this Code. Historic Districts are composed of structures, sites and objects classified pursuant to this Code as landmarks, contributing resources or noncontributing resources.

HISTORIC INTEGRITY

The quality of wholeness of historic location, design, setting, materials, workmanship, and association of a historic resource, as opposed to its physical condition.

HISTORIC PRESERVATION PLAN

A plan that sets forth the goals and policies of the Comprehensive Plan consistent with Goal 5 to conserve open space land, protect natural areas and scenic resources including historic areas, sites structures and objects. It is directed at enhancing the quality of life, economic vitality, and community authenticity.

It includes information about the City’s historic preservation program and identifies the benefits of historic preservation. It summarizes existing conditions related to historic preservation including the history of the community and types of historic resources that help convey its heritage.

HISTORIC RESOURCE (HISTORIC PRESERVATION)

Sites, structures and objects that have local, regional, statewide or national historical significance. Historic resources have historical significance if they have historic, prehistoric, or archaeological significance. Historic resources are landmarks, contributing resources within historic districts, and historic districts.

HISTORIC SIGNIFICANCE

The physical association of a building, structure, site, object, or district with historic events, trends, persons, architecture, method of construction, or that has yielded or may yield information important in prehistory or history. A property with historical significance is one that helps in the understanding of the history of the local area, state or nation by illuminating the local, statewide or nationwide impact of the events or persons associated with the property, or its architectural type or style. The local area can include the Lake Oswego community or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation.

HOME OCCUPATION

A lawful use conducted in a residential zone in or on the premises of a dwelling unit, said use being secondary to the use of the dwelling for dwelling purposes.

HORTICULTURE

The science or art of cultivating fruits, vegetables, flowers and plants.

HOSPITAL

A state licensed medical facility that provides in-patient accommodations, a wide range of medical and surgical care, and other in-patient health services for sick, ailing or injured persons, including such related facilities as laboratories, outpatient departments, training facilities, central services and staff offices and residences that are integral and accessory to the principal use of the establishment.

HOTEL OR MOTEL

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, including associated retail uses within the hotel or motel intended to serve paying guests but not including short-term rental dwellings.

HOUSE SIDE SHIELD

For fully shielded luminaires only, an internal shield designed and installed by the luminaire manufacturer that significantly attenuates the unit of illumination in the back photometric hemisphere at all angles greater than 30° relative to nadir.

HUMAN SCALE

Term used to describe the proportional relationship of the physical environment to human dimensions. Human scale development uses a variety of architectural and site design elements that reference human dimensions, including: building articulation that breaks up large masses and divides structures into smaller parts; the size, shape and orientation of windows; the ratio of street width or pathway width to building height; roof forms, balconies, eaves, canopies, or other elements that establish the perceived building height from the pedestrian’s view; the placement of street furniture and lighting; the presence of trees and other plantings; setbacks and open spaces; and other features.

HYDRAULIC CHARACTERISTICS

The features of a watercourse which determine its water conveyance capacity. They include the watercourse cross-section, alignment, width from bank to bank, profile, and the location and types of vegetation within the watercourse.

HYDROPHYTIC VEGETATION

Plant life growing in water or in soil that is at least periodically deficient in oxygen as a result of excessive water content.

IES (LIGHTING)

The Illuminating Engineering Society of North America (see www.iesna.org).

ILLUMINATION, UNIFORMITY OF

The ratio of average illumination level on the roadway to the minimum illumination at any point on the roadway.

IMPERMEABLE SURFACE

Any surface which prevents absorption of water into the ground.

INCREASED USE

An increase in trip generation or parking requirement.

IN-KIND VEGETATION

Vegetation similar to vegetation found in the impacted resource or protected riparian area in type and size.

INSTITUTIONAL USE

Private educational, fraternal, religious facilities and private or public cultural, civic or social welfare facilities. Governmental facilities or public schools are defined and regulated as “Public facilities.”

INTENTIONAL ACT

An act that is deliberate, done on purpose and not by accident.

INTERSECTION (LIGHTING)

A place where two or more public or private rights-of-way (serving vehicular and/or pedestrian traffic) cross. For purposes of Table 50.06.004-6, City Standard Criteria for Street and Roadway Lighting, an "intersection" requires the presence of a street name sign.

INVASIVE PLANTS

Vegetation that displaces or dominates natural plant communities, such as Himalayan blackberry, English ivy, reed canary grass, scotch broom, etc. A list of such plants can be found in the Lake Oswego Master Plant List. See LOC § 50.11.004, Appendix D.

IRREGULAR LOT

A lot in which the front and rear lot lines are not parallel.

ISOCANDLE PLOT (LIGHTING)

A diagram showing the distribution of light from a lighting system in various directions by means of contours connecting directions of equal luminous intensity, projected in a suitable manner.

KENNEL

A facility, public or private, where domesticated animals are temporarily boarded and/or sold for compensation, but not including a pet day care or veterinary clinic. This use also includes public facilities for the temporary impoundment of animals. Accessory uses may include grooming, obedience training, and retail.

LAKE OSWEGO MASTER PLANT LIST (PLANT LIST)

See LOC § 50.11.004, Appendix D, for a listing of native plants, invasive plants, street trees – prohibited, street trees – approved (applicable to LOC § 50.05.006, Old Town Neighborhood Design, only), and solar-friendly plants.

LAKE OSWEGO STYLE

A building design that borrows from the City’s historic architectural traditions including the Arts and Crafts, English Tudor and the Oregon Rustic styles. Buildings which use complex massing, asymmetrical composition and natural materials exemplify this style (see photos and descriptions in LOC § 50.11.001, Appendix A: Lake Oswego Style). Adherence to the "Lake Oswego Style" is not intended to require historical replication. Modern designs interpreting, quoting or utilizing the above noted stylistic forms are also encompassed within the definition.

LAKE-RELATED INFRASTRUCTURE

"Lake-related infrastructure" means the structures, facilities, and equipment necessary to maintain Oswego Lake. Lake-related infrastructure includes, but is not limited to, dams, dikes, levees, headgates, fish screens, culverts, water storage and water diversion facilities, flood control structures, structures to shelter and maintain boats or other equipment for lake maintenance or policing, and structures used in connection with hydroelectric power generation. "Lake-related infrastructure" does not include office buildings.

LAND

Includes water surface and the land under water.

LANDMARK DESIGNATION LIST (LDL)

The list of historic resources (see LOC § 50.06.009.4) officially recognized by the City of Lake Oswego as important to the history of the Lake Oswego area, within the boundaries of the City of Lake Oswego, and protected under this Code.

LANDMARK (HISTORIC PRESERVATION)

Any site, object or structure, and the property surrounding it that contributes to its historical or architectural significance that is designated as a landmark site, object or structure in the Landmark Designation List.

LANDSCAPE LIGHTING (LIGHTING)

Luminaires attached to structures, mounted on poles or otherwise, or at grade (luminaire not to exceed three ft. above grade) and used solely for landscape rather than area lighting.

LANTERN (LIGHTING)

A wall mounted ornamental luminaire.

LARGE ANIMAL

Horses, cattle, sheep, goats, swine or any other animal which customarily weighs more than 45 pounds at maturity, excluding dogs.

LAUNDRY OR DRY CLEANING SERVICE

A laundry, including coin-operated laundromat, and/or dry-cleaning outlet whose business consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items that are brought directly to the premises by the retail customer.

LED

Light emitting diode.

LEVEE

A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from flooding.

LIGHT FIXTURE

See "Luminaire."

LIGHT MANUFACTURING

The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such activity takes place, and where such processes are housed entirely within a building.

LIGHT SOURCE (LIGHTING)

The actual bulb or lamp that emits the light.

LIGHT TRESPASS (LIGHTING)

Spill light that because of quantitative, directional, or spectral content causes light level at the property line that is greater than as provided on Table 50.06.004-4, Performance Method.

LIGHTING SYSTEM

One or more luminaires, together with associated wires, conduits, poles, etc., that constitute the illumination system on the site.

LORA

The Lake Oswego Redevelopment Agency, an urban renewal agency created by the City pursuant to ORS Chapter 457.

LOT

A unit of land created in compliance with all legal requirements in effect and applicable at the time of creation.

LOT AREA OR LOT SIZE

NON-FLAG LOTS

The gross square footage of the lot within the lot lines.

FLAG LOTS

The area of a lot, defined by the lot lines, less the area of access easement or flagpole.

LOT, CORNER

A lot abutting two intersecting streets; provided, that the streets do not intersect on an angle greater than 135°.

LOT COVERAGE

The ratio of A to B where A is the area of all permanent structures or portions thereof over 30 in. in height, but exclusive of:

Vent shafts;

Portions of eaves that extend two ft. or less from exterior walls of the building;

Open-roofed courtyards;

Flowerboxes not exceeding two ft. in depth and 110% of the width of the adjoining window/ door;

Decorative metal balconies, i.e., wrought iron, not exceeding two ft. in depth and 110% of the width of the adjoining window/door;

Arbor or trellises used as a support for climbing or hanging plants. The trellis may have side(s) or a roof which do not exceed 75% opacity, except if a trellis side is also a side of a building, then that side is not subject to the 75% opacity requirement;

Boathouses;

Fences and retaining walls;

Other structures similar to the structures above, except boathouses;

and B is the lot area or lot size.

[Cross-Reference: Flag Lots – the access easement is deducted from "gross acreage." LOC § 50.07.007.2.e.vi.]

LOT DEPTH

The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, except for a flag lot, which shall be measured from the midpoint at the front lot line of the flag area.

LOT FRONTAGE

That portion of a lot nearest a street. For the purpose of determining yard requirements, all sides of a lot abutting a street shall be considered frontage.

LOT, ILLEGAL

A unit of land created in violation of one or more legal requirements in effect and applicable at the time of creation.

LOT, INTERIOR

A lot other than a corner lot, with frontage on only one street.

LOT LINE

Boundary lines of a lot.

LOT LINE, FRONT

In the case of an interior lot, the lot line separating the lot from the street. In the case of a corner lot, the lot line designated pursuant to LOC §§ 50.04.001.1.e.iv, 50.04.001.2.e.iii(4), 50.04.001.3.e.i, and Table 50.04.001-14, Note [10]. In the case of flag lots, the lot line designated pursuant to LOC § 50.07.007.2.d.i.

LOT LINE, FRONT (SOLAR ACCESS)

A lot line abutting a street. For corner lots the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to and closest to the street, excluding the pole portion of the flag lot.

LOT LINE, REAR

A lot line that is opposite the front lot line. A triangular lot and a through lot have no rear lot line: the frontage on each street of a through lot is a front lot line. For other irregularly shaped lots, rear lot lines are all lot lines that are most nearly opposite the front lot line and less than 130 degrees from intersecting side lot line(s). Illustrations of lot line determination follow.

LOT LINE, SIDE

Any lot line not a front or rear lot line.

LOT LINE, SIDE STREET

On a corner lot, the lot line(s) abutting a street that is not the front lot line.

LOT OF RECORD

A lot shown as part of a recorded subdivision, partition, or any lot described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded with the County; except that no lot or parcel of land created without compliance with the subdivision or partition requirements in effect and applicable at the time of the lot creation shall be considered a lot of record.

LOT, PLATTED

A lot described and identified within a recorded subdivision or partition and remaining the same in size and shape as it was when the subdivision or partition was recorded.

LOT, STEEPLY SLOPED

A "steeply sloped lot" is a lot with a slope of 20% or more, when measured from the lowest or highest front lot line, whichever results in the greater difference in grade, to the most distant point of the primary building footprint.

LOT, THROUGH; DOUBLE FRONTAGE LOT

A lot other than a corner lot with frontage on more than one street.

LOT WIDTH

The width of the lot as measured at the front setback line.

LOW VOLTAGE LANDSCAPE LIGHTING (LIGHTING)

Landscape lighting for which power is provided at less than 15 volts and on circuits limited to 25 amps.

LUMBER YARD

An area used for the storage, distribution, and wholesale or retail sale of finished or rough-cut lumber and lumber products, and other building materials, such as cement blocks, paneling, and roof materials. The limited processing of lumber is permitted as an accessory use.

LUMEN

A unit of measurement of the amount of light emitted by a lamp.

LUMINAIRE (OR "LIGHT FIXTURE")

A complete lighting device consisting of a light source together with its direct appurtenances, such as globe, reflector, refractor, housing and such support as is integral with the housing. The pole, post or bracket is not considered a part of the luminaire.

LUMINANCE

The amount of light emitted in a given direction from a surface by the light source or by reflection from a surface. The unit is candela per square meter.

LUMINOUS FLUX

A measure of the total light output from a source, the unit being the lumen.

MAINTENANCE

Upkeep or repair of any structure or site feature necessary to keep the structure or site feature in good and safe condition. Maintenance does not include structural alteration unless that structural alteration is required to remedy a condition declared to be unsafe by any official charged with protecting the public safety, upon the order of that official.

MAINTENANCE OR REPAIR (HISTORIC PRESERVATION)

Upkeep or repair of any object, site or exterior architectural feature, which does not involve a change in design, material or appearance of the object, site or feature, or if such a change is required it is one which the City Manager determines is required without delay in order to preserve the public safety and convenience due to the presence of an unsafe, dangerous or emergency condition.

MAJOR DEVELOPMENT

Development defined as major development in LOC § 50.07.003.15.a, Major Development Classification.

MANHOLE

A vertical opening providing human access to a sanitary sewer or storm drain line, provided with a heavy cover at the ground or street surface.

MANUFACTURED HOMES

A multi-sectional dwelling unit with a Department of Housing and Urban Development (HUD) label, of not less than 1,000 square feet constructed in an off-site manufacturing facility on or after June 15, 1976, to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, and designed to be used with a foundation as a dwelling unit on a year-round basis with approved connections to water, sewer and electric utility systems.

MANUFACTURING

A business engaged in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales.

MARINA

A facility providing moorage for boats and marine related services.

MASONRY

A concrete block, stone, or brick wall. Masonry includes a veneer (overlay of a layer of fine or decorative material) that has an average range of depth of 1.75 in. or greater, based upon the manufacturer’s specifications.

MECHANICAL EQUIPMENT

Heating, ventilating and air conditioning systems, transformers, generators, utility meters, connection boxes, satellite dishes, antennas, tanks and other similar features.

MEDICAL OR DENTAL CLINIC OR LABORATORY

A building or a portion of a building containing the offices and associated facilities or laboratories of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, or other medical-related services for outpatients only, with or without shared or common spaces, equipment, or assistants. This use may include a facility for conducting medical, dental, or scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This definition also includes labs for the manufacture of dentures and prosthesis.

MIDDLE HOUSING

Duplexes, triplexes, quadplexes, cottage clusters, and townhouses in residential zones.

MINOR DEVELOPMENT

Development defined as minor development in LOC § 50.07.003.14.a, Minor Development Classification.

MITIGATION

To rectify, repair or compensate for adverse impacts to a resource or resource functions and values caused by development.

MITIGATION METHODS (FOR WETLANDS)

WETLAND CREATION

The conversion of a nonwetland area into a wetland.

WETLAND ENHANCEMENT

Alteration of an existing wetland to develop new functions or to improve existing conditions.

WETLAND RESTORATION

Re-establishment of lost or impaired functions in a degraded wetland or in a former wetland that no longer functions as a wetland.

MITIGATION RATIO (FOR WETLANDS)

The ratio of the amount of wetland to be created, restored or enhanced compared to the amount of wetland lost due to development.

MIXED USE

A development consisting of more than one broad category of use (e.g., commercial, industrial, residential, public use, or institutional).

MOBILE HOME

A unit or units built between January 1969, and June 15, 1976, in conformance with the American National Standards Institute requirements adopted by the State of Oregon in 1969 and having an Oregon insignia of compliance issued by the Oregon Department of Commerce, Building Codes Division, or a unit built after June 1976, in conformance with the 1976 HUD requirements. All units shall have a minimum of 900 sq. ft. of living area.

The following definitions apply only to mobile homes:

ACCESSORY STRUCTURE

An attached or unattached structural addition to a mobile home or mobile home space including, but not limited to: cabanas, awnings, carports, garages, covered porches, storage structures and covered patios.

ACCESSWAY

An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a mobile home park and connects to a public street.

AWNING

A stationary structure used in conjunction with a mobile home, other than a window awning or ramada, for the purpose of providing shelter from the sun and rain for patios, porches or yard areas, and having a roof with supports and not more than one wall.

CABANA

A stationary structure which may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with a mobile home, to provide additional living space designed to be moved with the mobile home.

CARPORT

A stationary structure consisting of a roof with its supports which is entirely open on two or more sides and is used for sheltering a motor vehicle.

MOBILE HOME PARK

A parcel of land under common ownership on which two or more mobile homes are occupied as residences and which conforms to the regulations of this article.

MOBILE HOME SUBDIVISION

A subdivision designed for sale of lots for residential occupancy by mobile homes.

MOBILE HOME SPACE OR LOT

A plot of ground within a mobile home park or subdivision designed for the accommodation of one mobile home, its accessory structures, parking spaces and required yard areas.

STAND

A hard surfaced area within a mobile home space or lot designed for placement of a mobile home.

MORTUARY

A business that prepares the body of deceased persons for burial. Viewing and funeral services are sometimes held. Cremation is an accessory use only.

MOUNTING HEIGHT

The vertical distance between the lowest optical component of the luminaire and the ground surface directly below the luminaire.

MOVING/RELOCATION (HISTORIC PRESERVATION)

Relocating a historic resource from its existing parcel or tax lot to another site.

MULCH

Application of plant residue, netting, plastic sheeting or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

NADIR

The downward direction; exactly vertical, directly below a luminaire.

NATIONAL REGISTER RESOURCE/NATIONAL REGISTER PROPERTY

Buildings, structures, objects, sites or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470) and maintained by the National Park Service. National register properties may also be landmarks if designated pursuant to LOC § 50.06.009.

NATURAL AREA

An area of land and/or water that has a predominantly undeveloped character. Natural areas may be pristine, or may have been affected by human activity such as vegetation removal, agriculture, grading or drainage if such areas retain significant natural characteristics, or have recovered to the extent that they contribute to the City’s natural systems including hydrology, vegetation, or wildlife habitat. The purpose of natural areas is to provide a scenic, aesthetic appearance and/or protecting natural processes, providing passive recreational uses, and/or maintaining natural vegetation. Natural areas shall be either dedicated to the public or by other means committed to use for the general public, or may also be permanently reserved by common ownership among the owners of a development. Except as otherwise set out in LOC § 50.06.010.7, Park and Open Space Standards for Maintenance, natural areas shall remain in natural conditions existing at the time of their designation. (Area designated as "Open Space" prior to April 19, 2012, is a "natural area" under this definition.)

NATURAL RESOURCE AREAS, NONDESIGNATED

"Natural areas" that have not been included in an RP or RC district, or HBA overlay, pursuant to LOC § 50.07.004.8.

NET DEVELOPABLE AREA

Gross area (at 43,560 sq. ft. per acre), less the area in street right-of-way or access easements, except that the area of a vehicular access easement created by a minor partition shall not be deducted. For public streets, use the actual area if known or 20% of the gross area. For private streets, use actual area if known or 40-ft. right-of-way. For vehicular access easements use actual area of easement.

NET LOSS (WETLAND)

A permanent loss of wetland area, functions, or values resulting from a development action after accounting for mitigation measures.

NONCONTRIBUTING RESOURCE (HISTORIC PRESERVATION)

A structure, site or object within a Historic District which is neither a contributing resource nor a landmark.

NONPROFIT USE

A use operated by an organization, corporation or association that distributes no part of its income to its members, directors or officers.

NORTHERN LOT LINE (SOLAR ACCESS)

The lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If two lot lines have an identical angle relative to a line drawn east-west, then the northern lot line shall be a line ten ft. in length within the lot parallel with and at a maximum distance from the front lot line.

NORTH-SOUTH DIMENSION (SOLAR ACCESS)

The length of a line beginning at the midpoint of the northern lot line and extending a southerly direction perpendicular to the northern lot line until it reaches a property boundary.

NOT IN PERIOD (HISTORIC PRESERVATION)

A building, structure, object, or site that was originally constructed less than 50 years old and does not have exceptional historic or architectural significance to exhibit sufficient historic integrity to convey a sense of history.

NURSERY STOCK PRODUCTION AND WHOLESALE

A business that displays or sells plants, trees, and other nursery materials used in indoor or outdoor planting for wholesale sales in a building or open space, and which may include greenhouses. Accessory uses may include accessory retail trade in nursery stock and related goods.

OBJECT (HISTORIC PRESERVATION)

A construction that is largely artistic in nature or is relatively small in scale and simply constructed in comparison to buildings or structures, including a fountain, sculpture, monument, milepost, etc.

OBSTRUCTION

Any dam, wall, wharf, embankment, levee, dike, pile abutment, excavation, bridge, conduit, pole, culvert, building, wire, fence, fill, or projection into a floodplain, watercourse, or drainage system.

OCCUPANCY CLASSIFICATION

As defined in Section 501 of the Uniform Building Code, adopted pursuant to LOC Chapter 45.

OFFICE, BUSINESS OR PROFESSIONAL

A facility where business, professional or philanthropic activities are conducted in an office environment, but not involving the sale of merchandise, except as accessory to a permitted use. Examples include but are not limited to: administration of business, civic, religious, or charitable organizations, real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, financial institutions, and similar offices. Accessory uses may include cafeterias, coffee shops, health facilities, parking, or other amenities for the use of employees in the facility.

OPEN SPACE

Parks and natural areas.

ORNAMENTAL OR ACCENT LIGHTING (LIGHTING)

Outdoor lighting that is installed mainly or entirely for its decorative effect or to accent an object or a feature, rather than as an aid to visibility.

OSWEGO LAKE SURFACE ELEVATION

The elevation of the surface of Oswego Lake is established and may be referenced as either 98.6 ft. (NGVD 29) or 102.1 ft. (NAVD 88).

OUTDOOR LIGHTING

Any hard wired, low-voltage or solar powered lighting system that is used in an exterior space.

OWNER

Where used in relationship to real property, "owner" means the legal owner of record or easement holder, or, where there is a recorded land sales contract in effect, the purchaser under that contract. An act or omission to act by an agent of the owner are deemed to be the act or omission by the owner.

OWNER (HISTORIC PRESERVATION)

Where used in relationship to real property that is or is being considered to be a historic resource:

The owner of fee title to the real property as shown in the deed records of the county where the property is located; or

The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

If the property is owned in fee title or a purchaser’s interest under a land sale contract and is held by a trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; or

For a landmark with multiple owners, including a district, a simple majority of owners as defined in (a) through (c); or

For National Register resources, the same as defined in 36 CFR 60.3(k). [OAR 660-023-0200]

"Owner" does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature.

PARK IMPROVEMENTS, MAJOR

Athletic field for organized sport games.

Lighting for outdoor recreational facilities and activities.

Facilities that require a building permit, occupying more than 3,500 sq. ft. of site area. (A play area for non-organized sport games is not subject to this subsection even if more than 3,500 sq. ft.)

On-site parking for more than eight vehicles.

Facilities for motorized boats.

PARK IMPROVEMENTS, MINOR

Park improvements with limited off-site impacts. Minor park improvements include:

One play area that is not intended for organized sport games (regardless of size), without lighting.

Facilities that require a building permit, that may include park buildings, picnic shelters, restrooms, athletic courts, nonmotorized boating facilities, and playground structures provided the uses do not occupy more than 3,500 sq. ft. of site area (individually or cumulatively, excluding facilities authorized by a master plan).

On-site parking for eight or less vehicles.

Trails.

PARKING DISTRICT

A district established for the purpose of planning and development of shared parking facilities which serve the whole district.

PARKING FACILITIES, OFF-STREET

A surface or structured facility for the parking of vehicles for use by the general public, either free or for remuneration. This use may be an accessory or primary use and does not include parking used for display or storage of vehicles that are owned by a licensed business on the site.

PARKING, TANDEM

The parking of a vehicle in front of or behind another vehicle which requires one of the vehicles to be moved in order for the other vehicle to enter or exit. Also called stacked parking.

PARKS

Public or private land providing for one or more of the following:

The active recreational needs of the community;

The passive recreation needs of the community; or

Scenic and aesthetic appearance and/or protection of natural processes on land that is to remain in natural or landscaped condition;

and is either dedicated to the public or by other means committed to use for the general public, or permanently reserved by common ownership among the owners of a development.

PARTITION

To divide an area or tract of land into two or three lots within a calendar year when such land exists as a unit or contiguous units of land under common ownership at the beginning of such year. "Partition" does not include adjustments of lot lines by relocation of a common boundary where no additional lots are created, and the resulting lots satisfy the minimum lot size allowed by this Code, nor foreclosure proceedings or sales exempted by the definition of "partition" in ORS Chapter 92.

MAJOR PARTITION

A partition which includes the creation of a street.

MINOR PARTITION

A partition that does not include the creation of a street.

PATHWAY

A public or private right-of-way for pedestrian or nonmotorized traffic.

PATIO

An impervious surface on the ground, excluding parking areas and pathways of five ft. or less in width, used for several purposes, including leisure, social gatherings, etc.

PAVEMENT, PAVING

As used in this standard, "pavement" means Portland cement concrete, asphaltic concrete and modular masonry pavement systems. "Pavement" also includes pervious pavement systems such as those known by the proprietary names of Grasscrete or Geoweb; provided, that the cells are filled with an aggregate material or vegetation.

PEAK HOUR

The one-hour interval, in which the highest traffic volumes occur on a given roadway, during the traditional commuting peak periods of 7:00 a.m. to 9:00 a.m., 4:00 p.m. to 6:00 p.m., and also the time period(s) outside the traditional commuting peak periods for the particular land use that generates the highest traffic volume.

PEDESTRIAN/BICYCLE ACCESS, CONVENIENT

Hard surfaced pedestrian/bicycle path.

PEDESTRIAN DENSITY

The ratio of pedestrians to sidewalk area is intended to encourage increased pedestrian density in order to promote retail use and provide community interaction.

PERSON

A natural person, his heirs, executors, administrators, or assigns; a firm, partnership, or corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative of any of the above mentioned.

PERSONAL SERVICES

A business that primarily engages in providing services involving the care of the person or person’s possessions, but not including uses meeting the definition of "repair, rental or servicing." Personal services may include, but are not limited to, barber shops, laundry services, beauty salons, personal trainers, tanning salons, portrait studios, manicure and pedicure services, and self-service or assisted photocopying, duplicating, and shipping of documents and packages for retail customers.

PET DAY CARE

Business primarily engaged in providing pet care services (except veterinary), such as boarding, grooming (including pet clipping and pedicure services), pet day care services and training pets, and incidental retail sales of pet care products. Overnight boarding shall not exceed 25% of animals provided daily pet care on site and shall occur in a fully enclosed structure.

PHOTOMETRIC ANALYSIS REPORT

A report by a laboratory certified by the National Institute of Standards and Technology (NIST), describing the candela distribution, shielding type, luminance, and other characteristics of a specific luminaire.

PLAT

A map, containing all the descriptions, locations, specifications, dedications, provisions or other information concerning a subdivision.

PORTAL

A structure such as an arbor, arch or trellis which is used as a point of entry to the property. The portal may stand alone or be part of a fence or wall.

POTENTIAL SEVERE EROSION HAZARD AREA

Surface areas where erosion can be easily caused by removal of vegetation cover, stripping topsoil or by placement of fill, whether by natural causes such as streams or surface runoff or by development activities. The placement of any new fill in such an area shall be considered as creating a potentially severe erosion hazard. (Known Potential Severe Erosion Hazard Areas are described and mapped in the Engineering Geology chapter of the Lake Oswego Physical Resources Inventory, March 1976, on file at City Hall; specifically in Table II, "Characteristics and Limitations of Earth Materials" and "Engineering Geology" map, and the Relative Slope Instability Hazard Map of the Lake Oswego Quadrangle, prepared by the State of Oregon Department of Geology and Mineral Industries (DOGAMI), published in 1995.)

POTENTIAL SEVERE LANDSLIDE HAZARD AREA

Areas where earth movement or failure, such as slumps, mud flows, debris slides, rock falls or soil falls, are likely to occur as a result of development activities. These activities include excavation which removes support of soils by changes in runoff or groundwater flow or vibration loading such as pile driving or blasting.

PRACTICABLE

Capable of being done after considering and balancing cost, existing technology, and logistics in light of overall project purposes.

PRESERVATION (HISTORIC)

The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic resource.

PRIMARY USE

The predominant use to which the lot or building is or may be devoted and to which all other uses are accessory. Generally, the primary use is the use to which the majority of the site or building area is devoted, or if no use occupies a majority of the site or building area, then the use that occupies the largest area of the building or site. Accessory uses are ones that occupy a small portion of the site or building area or exist primarily to serve occupants or residents engaged in uses that occupy a larger area of the building.

PROFILE

UTILITY

A "side view" of a proposed utility pipe or street showing grade, changes in grade, depth of pipe and vertical curves of streets.

STRUCTURE

A "side view" of a proposed structure showing the front building wall and roofline, from the front yard setback to the highest point of the roof.

PROTECTED RIPARIAN AREA

The area adjacent to a water resource described in LOC § 50.05.010.6.b.i. The protected riparian area may provide water resource functions and values and/or protect the functions and values of the adjacent stream or wetland.

PROTECTED SOLAR BUILDING LINE (SOLAR ACCESS)

A line on a plat or map recorded with the plat that identifies the location on a lot where a point two ft. above may not be shaded by structures or non-exempt trees.

PSILOCYBIN PRODUCTION

A location licensed by the Oregon Health Authority for the growing, production and testing of psilocybin mushrooms and products.

PSILOCYBIN SERVICE CENTER

A location licensed by the Oregon Health Authority for the administration of psilocybin mushrooms and products to members of the public by licensed facilitators.

PUBLIC BUILDING

Any building owned or used by a public governmental entity for the purpose of carrying out a public service, other than a public facility, but including public schools.

PUBLIC FACILITY OR UTILITY, MAJOR

Any public service improvement or structure developed by or for a public agency that is not defined as a minor public facility. This use includes but is not limited to utility substations; treatment plants, reservoirs and aboveground trunk lines for sewer, water or storm drainage systems; public schools; parks; libraries; fire stations; community centers: police stations; City administrative or other City office buildings; and City motor pools or maintenance buildings.

PUBLIC FACILITY OR UTILITY, MINOR

The following public service improvements or structures developed by or for a public agency:

Minor utility structures, including poles, lines, pipes, collocated telecommunications facilities or other such facilities.

Sewer, storm drainage, or water system structures, including reconstruction of existing facilities, pump stations, manholes, valves, hydrants or other portions of the collection, and treatment and distribution systems.

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

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

School improvements which will not increase the capacity of the school nor create additional traffic or other impact on the surrounding neighborhood.

Park improvements which will not create additional motor or foot traffic impact on the surrounding neighborhood.

PUBLIC SERVICE

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

PUBLIC TRANSPORTATION FACILITIES

Those facilities that are associated with a transportation system, such as bus stops, transit centers, light rail, trails designated as a regional, community connector, or local access trails on the City’s Trails and Pathway Master Plan, and similar facilities, but excluding public or private streets.

QUADPLEX

Four attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling with an adjacent dwelling unit. The common wall shall consist of a structural wall that is shared for at least 25% of the length of the side of each dwelling unit or the common floor/ceiling shall consist of at least 25% of the floor area of each dwelling unit.

QUALIFIED PROFESSIONAL

An individual who has proven expertise and vocational experience in a given natural resource field, as determined by the City Manager. A qualified professional may either be a consultant or a member of the City staff. The following types of expertise are applicable:

STREAMS

An individual such as a hydrologist or an engineer who has expertise in analyzing water quality and/or delineating stream corridor boundaries.

TREE GROVE

An individual who has expertise in delineating or surveying tree grove drip lines such as a certified arborist, professional forester, engineer, architect, landscape architect, surveyor, or similarly qualified person.

WETLANDS

An individual such as a wetland biologist or ecologist who has expertise in applying federal and/or state-approved methods for wetland delineations and value assessments.

RAILROAD FACILITIES

An area for storing or switching of freight and passenger trains. Necessary and allowed functions include but are not limited to the switching, storing, assembling, distributing, consolidating, repairing, weighing, or transferring of cars, trains, engines, and rolling railroad stock.

RAVINE

A small, narrow valley with steep sides that is usually worn by running water. A ravine is larger than a gully.

RECREATIONAL FACILITIES

Active Use Recreational Facilities. Facilities for recreational uses that tend to be more organized and/or that require a greater degree of site development and conversion of natural area, including sports fields, playground equipment, group picnic shelters, hard surfaced pathways, permanent restrooms, accessory parking lots and similar facilities.

Passive Use Recreational Facilities. Facilities for recreational uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft-surface trails, signs, pedestrian bridges, seating, viewing blinds, observation decks, handicapped facilities, drinking fountains, picnic tables, interpretive facilities, and similar facilities.

RECREATIONAL VEHICLES

Towed or self-propelled vehicles such as motor homes, pickup campers and tent trailer campers, travel trailers, designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REDEVELOPABLE

Land on which development has already occurred, but due to present or expected market forces, there exists the strong likelihood that current development will be converted to more intensive uses during the planning period.

REHABILITATION (HISTORIC PRESERVATION)

The process of returning a historic resource to a state of utility through repair or alteration, which makes possible a use while preserving those portions and features of the historic resource and its site that convey its historic significance.

REPAIR, RENTAL, AND SERVICE

The maintenance, rehabilitation or rental of appliances or goods customarily used in the home including, but not limited to, washing and drying machines, shoes, televisions, musical instruments, clothing, refrigerators, computers, kitchen appliances, vacuum cleaners, and similar items, and services to homes and businesses, such as cleaning or extermination. This use does not include heavy equipment sales, servicing, or repair.

REPLACE OR REPLACEMENT (IMPERVIOUS SURFACE)

The removal of an impervious surface that exposes soil followed by the placement of an impervious surface. See LOC § 38.25.120.2.b for specifically exempted roadway maintenance activities.

RESEARCH AND DEVELOPMENT LABORATORY

A facility for conducting scientific research, investigation, testing, or experimentation, that includes or involves the use of dangerous or hazardous materials or procedures, but not including facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Typical uses include electronics research laboratories, environmental research and development firms, agricultural and forestry research labs, and pharmaceutical research labs.

RESERVED AREA

Land to be kept free of buildings or other structures as a condition of development approval.

RESIDENCE, PRIMARY

A dwelling where a person lives most of the time. At a given time, a person does not have more than one primary residence. For purposes of determining whether a dwelling is a primary residence, the City may consider whether the dwelling is the legal residence of the person for purposes of voting, motor vehicle/driver licensing, income tax calculation, the time the person spent at the residence, and other such factors.

RESIDENTIAL ACCESSWAY

A strip of land intended for use by pedestrians and bicyclists that provides a direct route through single-family residential development where the use of public roads would significantly add to the travel time and/or distance.

RESIDENTIAL CARE HOUSING

A "residential care housing" facility houses and provides services for six or more persons who may have a range of physical and mental health problems, including chronic and debilitating conditions requiring assistance with daily activities. This term is synonymous with other terms such as "assisted living facilities," "group care facilities," and "adult care housing" used to describe housing which provides the range of services described below.

Living units within residential care housing do not have cooking facilities. A range of services is provided including staff supervised meals, housekeeping and personal care, medication supervision, recreation, cultural, social activities and transportation.

Residential care housing facilities may include housing for persons needing intermediate care. These are persons who do not require around-the-clock nursing, but who do need preventative care, therapies at levels less than continuous licensed nursing care or observation. Intermediate care emphasizes personal, social and emotional/mental health care, but involves the availability of 24-hour service with physicians and nurses in supervisory roles.

Skilled nursing services, including convalescent care, may be provided as an accessory and subordinate use in conjunction with residential care facilities.

The total allowed number of persons requiring skilled nursing care may be up to 25% of a residential care facility’s total occupant capacity.

RESIDENTIAL MIXED USE DEVELOPMENT

Development containing both residential and nonresidential uses on a single parcel, or parcels developed as a unified site, where the residential units comprise at least 33% of the floor area of the overall development. Typically, residential mixed use projects include a mix of residential and commercial uses. In residential mixed use development, the residential use may be provided in a separate building on the same site as a non-residential use or in the same building as a nonresidential use, often with commercial uses on the ground floor and residential uses located on upper floors.

RESIDENTIAL TURNAROUND

An area providing space for the maneuvering of a passenger vehicle in which the vehicle can make a 180-degree change in direction with a continuous forward movement, or no more than one backing movement.

RESOURCE CONSERVATION PROTECTION AREA

The portion of an RC district resource identified pursuant to LOC § 50.05.010.5.b, RC District Protection Area.

RESOURCE CONSERVATION (RC) DISTRICT RESOURCE

A tree grove protected by an RC district overlay zone pursuant to LOC §§ 50.05.010 and 50.07.004.8.

RESOURCE ENHANCEMENT

The modification of a resource or its functions and values to improve the quality or quantity of the resource. It can include actions that result in increased animal and plant species, increased numbers of types of natural habitat, and/or increased amount of area devoted to natural habitat. It may also include improvements in scenic views and sites, increased capacity for stormwater detention and surface water management, changes in water quantity or quality, or similar improvements. A resource enhancement project must result in no loss of any resource functions or values, and the gain of at least one.

RESOURCE PROTECTION (RP) DISTRICT RESOURCE

A wetland or stream corridor and protected riparian area protected by an RP district overlay zone pursuant to LOC § 50.05.010, Sensitive Lands Overlay Districts.

RESTAURANT

A business engaged in the retail sale of prepared food and drinks for consumption on the premises or for carryout, and may or may not include the sale of alcohol. Examples include full-service dining, fast food, coffee shop, juice bar, delicatessen, and similar or more specialized establishments.

RESTORATION (HISTORIC PRESERVATION)

The act or process of accurately depicting the form, features, and character of a historic contributing resource or historic non-contributing resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing system and other code-related work to make properties functional is appropriate within a preservation project.

RETAIL

Private enterprises involved in the sale, lease, or rent of new or used products directly to the general public. This use includes but is not limited to retail sale of general merchandise, clothing and other apparel, flowers and household plants, dry goods, convenience foods, hardware and similar consumer goods. This use does not include retail sales of any good for which sales facilities are listed as a separate use in the permitted use tables (such as boats, restaurants, or light vehicles). This use does not include personal services, construction equipment rental, or recreation uses. Accessory uses may include offices, parking, storage of goods, assembly, repackaging, or repair of goods for on-site sale.

RETENTION

The act of retaining or storing stormwater runoff permanently or for a considerable length of time for some use, or until it percolates into the ground or evaporates.

REVERSED FRONTAGE LOT

A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135°) to the general pattern in the area.

RIPARIAN AREAS

Lands adjacent to rivers, streams, lakes, ponds, and other water bodies that are transitional between aquatic and upland zones and contain elements of both aquatic and terrestrial ecosystems. Such lands are characterized by high water tables, soils made up largely of water-carried sediments, and vegetation that requires free (unbound) water or conditions that are more moist than normal.

ROAD

See "Street."

SANITARY SEWER SYSTEM

A system consisting of pipes, house service lines, manholes, cleanouts and other appurtenant structures provided for the conveyance of sewage to a place of treatment.

SEASONAL RESTAURANT ENCLOSURE

Enclosure on three or more sides of an outdoor restaurant dining area, or an entryway vestibule attached to a building and providing access to a restaurant within an attached building, from November 1 to April 30. The enclosure materials are typically canvas and vinyl with a removable metal frame. The enclosure is not permanently affixed to any structure or the ground, as it must be removed not later than May 1 annually.

SECURITY

A means of guaranteeing the performance of terms and conditions of a development permit.

SEDIMENT

Any organic or mineral material that is in suspension, is being transported or has been moved from its site of origin by water, wind, or gravity as a product of erosion.

SEDIMENTATION

Deposition of soils, debris, or other materials suspended and transported by stormwater runoff.

SELF-STORAGE FACILITY

A business containing separate storage spaces that are leased or rented as individual units for the storage of household or business goods. May contain an accessory office. Also called "mini-storage."

SENSITIVE LANDS

Lands containing natural resources that have environmental significance within the Lake Oswego planning area (Urban Service Boundary) including wetlands, stream corridors, and tree groves. Such lands are more sensitive or easily damaged by development impacts than nonresource lands.

SENSITIVE LANDS MAP

A map containing only the Sensitive Lands elements of the Comprehensive Plan Map and Zoning Map, i.e., RP, RC, and HBA districts, used in administering the Sensitive Lands regulations.

SERVICE LATERAL

A sewer pipe extending from a sewer line to the property line to provide service for the structure on that property.

SETBACK LINE

The innermost line of any required yard or reserved area on a lot.

SHADE (SOLAR ACCESS)

A shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3°, and an azimuth ranging from 22.7° east and west of true south.

SHADE POINT (SOLAR ACCESS)

The part of a structure or non-exempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3°, and an azimuth ranging from 22.7° east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of three ft. or less, a chimney, utility pole, or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridgeline of a structure oriented within 45° of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by three ft. If a structure has a roof oriented within 45° of a true east-west line with a pitch that is flatter than five ft. (vertical) in 12 ft. (horizontal) the shade point will be the eave of the roof. If such a roof has a pitch that is five ft. in 12 ft. or steeper, the shade point will be the peak of the roof.

SHADE REDUCTION LINE (SOLAR ACCESS)

A line drawn parallel to the northern lot line that intersects the shade point.

SHADOW PATTERN (SOLAR ACCESS)

A graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3° and an azimuth ranging between 22.7° east and west of true south.

SHELTERS, WAITING

An area providing protection from weather, and visual access and physical proximity to arriving transit vehicles; may be as simple as an extended overhang or protected entry or as elaborate as a separate structure complete with furniture.

SHIELDING

DIRECTIONAL

A luminaire designed to be aimed or pointed.

FULLY SHIELDED

A luminaire emitting no more than 0.5% of its luminous flux above the horizontal plane, including any luminaire rated "full cutoff" according to IES RP-8-01.

SHIELDED

A luminaire emitting no more than 2% of its total luminous flux above the horizontal plane, including any luminaire rated "cutoff" according to IES RP-8-01.

PARTLY SHIELDED

A luminaire emitting no more than 10% of its total luminous flux above the horizontal plane, including any luminaire rated "semi-cutoff" according to IES RP-8-01.

UNSHIELDED

A luminaire that may emit its luminous flux in any direction (i.e., neither shielded nor partly shielded).

SHORT-TERM RENTAL LODGING

The offering of one or more bedrooms (and use of any common area) on a lot containing a single-family detached dwelling for transient residential purposes to serve paying guests for periods of 30 days or less.

SILVICULTURE

The care and cultivation of forest trees.

SITE (HISTORIC PRESERVATION)

The location of a significant event, prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic or archaeological value regardless of any existing building, structure, or object.

SKILLED NURSING FACILITY

"Skilled nursing facilities" provide 24-hour direct medical, nursing and other health services. Registered nurses, licensed practical nurses, and nurses’ aides provide services prescribed by resident(s) physician(s). Skilled nursing is for those persons who need health supervision but not hospitalization. The emphasis of this use is on nursing care, but convalescent, restorative physical, occupational, speech, and respiratory therapies are also provided. The level of care may also include specialized nursing services such as specialized nutrition, rehabilitation services and monitoring of unstable conditions. The term "skilled nursing facility" is also synonymous with the terms nursing facility and nursing home.

SLOPE

"Slope" is measured by the following equation S = E/D, where S is the slope, E is the vertical elevation change between two reference points, and D is the horizontal distance between two reference points.

[Cross-Reference: see "Footprint, Sloped."]

SLOPES, STABILIZED

Building materials used to control an inclined ground surface where the inclination is less than 60°. This inclination is expressed as a ratio of horizontal distance to vertical distance.

SOCIAL, RECREATIONAL, OR CULTURAL FACILITY, NONPROFIT

Swimming pools, tennis courts, recreation centers, community centers, cultural facilities, open space, view points, and similar uses operated by a nonprofit organization made up of a homeowners association or associations, neighborhood groups or an association of such groups or neighbors, designed and intended for use by residents of the development.

SOLAR ACCESS HEIGHT LIMIT (SOLAR ACCESS)

A series of contour lines establishing the maximum permitted height for non-exempt vegetation on lots affected by a solar access permit.

SOLAR ACCESS PERMIT (SOLAR ACCESS)

A document issued by the City that describes the maximum height that non-exempt vegetation is allowed to grow on lots to which a solar access permit applies.

SOLAR FEATURE (SOLAR ACCESS)

A device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Examples of a solar feature include a window that contains at least 20 sq. ft. of glazing oriented within 45° east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall, or window. A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of this Code.

SOLAR-FRIENDLY TREE OR VEGETATION (SOLAR ACCESS)

The full height and breadth of vegetation that the City Manager has identified as "solar-friendly" and listed in the "Solar Friendly Trees Report" dated April 1987, as that report may be amended from time to time; and any vegetation listed on a plat map, a document recorded with the plat, or a solar access permit as exempt.

SOLAR GAIN LINE (SOLAR ACCESS)

A line parallel to the northern property line(s) of the lot(s) south of and adjoining a given lot, including lots separated only by a street that intersects the solar feature on that lot.

SOLAR-UNFRIENDLY TREE OR VEGETATION (SOLAR ACCESS)

Vegetation that is not solar-friendly.

SOUTH OR SOUTH FACING (SOLAR ACCESS)

True south, which is 20° east of magnetic south.

SPECIMEN TREE

Particularly fine or unusual example of any tree species, including smaller trees such as dogwood, cherry, or Japanese maple.

STANDARD DETAILS

The set of detail drawings contained in the City of Lake Oswego’s "Standard Construction Specifications and Drawings."

STEEP SLOPE

A steep slope is an average slope of 25% or more, when measured from the front lot line to the most distant point of the building.

[Cross-Reference: Term is used in LOC § 50.07.004.8.d.i(2) and is mirrored in LOC § 38.25.180.1.b.iii; not to be confused with "Lot, Steeply Sloped."]

STOREFRONT

The entrance facade of a building typically facing the street.

STORMWATER RUNOFF

Water that results from precipitation which is not absorbed by the soil or plant material.

STORMWATER STORAGE AREA

A facility used for detention and/or retention of stormwater runoff.

STORY

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 or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six ft. above grade for more than 50% of the total perimeter or is more than 12 ft. above grade at any point, such basement or unused under-floor space shall be considered as a story.

STREAM

Flowing surface waters that produce a definable channel or bed. Stream flows can be perennial, intermittent, or ephemeral. Streams do not include ditches, storm drains, or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction or have come to function as natural water courses, thus contributing to the quality of an area’s overall natural systems.

Notwithstanding the above "stream" definition, for purposes of LOC § 50.06.006.3.b (Standards for Approval), stream shall mean a natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground.

STREAM CHANNEL

A definable channel that demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds, and vegetated swales. A stream channel may be a bed with sloping banks or may be a swale with gradually sloping sides. In most cases there is a distinct grade break at the edge of the stream channel.

STREAM CORRIDOR

A stream corridor is an area of land that includes both a stream and the area ten ft. on either side of the centerline of the stream and any area beyond ten ft. that includes a set of natural features generally associated with the stream. See Figure 50.07.004-A: Wetland and Stream Corridor Measurement. These natural features include stream channels, floodplains, wetlands, riparian vegetation, associated vegetation, steep slopes, and habitat features. A stream corridor generally includes the following:

Hydrological Characteristics. Physical features that affect stream flow capacity, rates of channel erosion and patterns of sedimentation including but not limited to stream alignment, cross-section and profile, roughness of channel and banks, and drainage patterns.

Plant Communities and Wildlife Habitat. The association of trees, shrubs, ground cover, and aquatic plants that affects the hydrological characteristics of a stream corridor, reduces runoff turbidity, provides shade which lessens thermal pollution, filters out nutrients carried by runoff, protects stream corridor soils and slopes from erosion, and provides habitat for fish, wildlife and aquatic organisms.

Soils with Potential for Severe Erosion. Soils within stream corridors tend to be very erosion-prone by nature. This feature affects channel erosion rates, patterns of sedimentation downstream, and potential for hazards to property within and adjacent to the stream corridor.

Ravines and Steep Slopes. Lake Oswego stream corridors frequently include ravines and steep slopes.

Associated Aquatic Elements. Floodplains and wetlands may be adjacent to or associated with the stream.

STREAM CORRIDOR FUNCTIONS AND VALUES

The beneficial characteristics of stream corridors, including, but not limited to:

Protection of wildlife habitat and travel corridors;

Protection of riparian vegetation;

Erosion control;

Flood and stormwater control;

Water quality enhancement;

Open space, passive recreation, and visual enjoyment; and

Cultural, social, education and research values.

STREAM, PERENNIAL

A stream or part of a stream that flows continuously above ground during years of average or nearaverage rainfall, as a result of ground water discharge or surface runoff.

STREET

The entire width between the right-of-way lines of a local street, collector, or arterial capable of providing the principal means of access to abutting property.

STREETS, PRIMARY (FMU)

Primary streets in the FMU zone are Foothills Road, B Avenue, and Oswego Pointe Drive.

STREETS, SECONDARY (FMU)

Secondary streets are all other public streets in the FMU zone not identified as primary streets.

STRIPPING

Any activity which disturbs vegetated or otherwise stable soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATION

A change to the supporting members of a structure including, but not limited to, foundation, bearing walls or bearing partitions, columns, beams, girders or the roof.

STRUCTURE

That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. If the structure is located across separate parcels or lots and the portions of the structure are separately owned, the "structure" shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot.

STRUCTURE, VIABLE EXISTING

An existing structure that complies with LOC § 50.05.004, Downtown Redevelopment Design District;

A designated historic resource; or

A structure that is not likely to be redeveloped due to use, size, recent construction or other similar factors (e.g., City Hall, Main Fire Station, Bank Building at northeast corner of 4th and A, building at northeast corner of 2nd and B).

SUBDIVIDE

To divide an area or tract of land into four or more lots within a calendar year, when such land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. For the purpose of computing the number of lots created, each lot created shall be counted as a separate lot notwithstanding the fact they are held in common ownership.

SUNCHART (SOLAR ACCESS)

One or more photographs that plot the position of the sun between 10:30 a.m. and 1:30 p.m. on January 21. The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45-degree and 30-minute northern latitude in ten-degree increments and solar azimuth from true south in 15-degree increments.

SURCHARGE

An excess load or burden of earthen material as defined by the State of Oregon One and Two Family Dwelling Specialty Code.

SWALE

A swale is a depression, sometimes swampy, in the midst of generally level land that conducts surface water.

TELECOMMUNICATIONS FACILITIES

Facilities designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities:

ABANDONED FACILITY

A transmission tower and/or ancillary facilities whose use has been discontinued for a period of at least six months.

ANCILLARY FACILITIES

The structures and equipment required for operation of the telecommunication equipment, including but not limited to antennas, repeaters, equipment housing structure, and ventilation and other mechanical equipment.

ANTENNA(S)

An electrical conductor or group of electrical conductors that transmit or receive radio waves.

ATTACHMENT

An antenna or other piece of related equipment affixed to a transmission tower.

COLLOCATED FACILITY

A new attachment, antenna, or tower placed on existing suitable structures or the addition of new ancillary facilities to an existing transmission tower facility site.

NEW FACILITY

The installation of a new transmission tower. New attachments are not new facilities.

PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS

Any tower or antenna constructed or approved pursuant to City standards in effect prior to the effective date of the ordinance codified in this chapter.

SERVICE AREA

The vicinity around a telecommunications facility site that effectively receives signals from and transmits signals to the facility at the strength of signal required by the Federal Communications Commission.

SHADOW

A geographic area that has less than adequate telecommunication service coverage.

TOWER FOOTPRINT

The area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors.

TOWER HEIGHT

The vertical distance measured from the highest point on the transmission tower or other structure, including any antennas, to the original grade of the ground directly below this point.

TOWER PAD

The area that encompasses the tower footprint, ancillary facilities, fencing and screening.

TRANSMISSION TOWER

The guyed tower, lattice tower, monopole, or similar structure on which transmitting or receiving antennas are located. For purposes of this Code, ham radio transmission facilities are considered "aerials" and not "transmission towers."

GUYED TOWER

A tower which is supported by the use of cables (guy wires) which are permanently anchored.

ii.

LATTICE TOWER

A tower characterized by an open framework of lateral cross members which stabilize the tower.

iii.

MONOPOLE

A single upright pole, engineered to be self supporting, and does not require lateral cross supports or guys.

TEMPORARY LIGHTING

Lighting installed with temporary wiring and operated for less than 60 days in any calendar year.

TEMPORARY STRUCTURE

A structure used for one year or less.

THEATER, INDOOR

A building used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays, acts, dramas by actors and/or actresses.

TOWING SERVICE AND YARD

A business that removes vehicles by towing, carrying, hauling, or pushing from public or private property when such vehicle has been either requested by the vehicle owner to be moved, or ordered by the property owner or law enforcement agency to be impounded. Towed vehicles are stored on the site of the establishment until retrieved by the owner for a fee. Use does not include junked, salvage, or permanently inoperable vehicles or equipment.

TOWNHOUSE

A dwelling unit that is part of a row of two or more attached dwelling units, where each unit is located on an individual lot and shares at least one common wall with an adjacent dwelling unit, with no dwelling units sharing common horizontal surfaces. The common wall shall consist of a structural wall that is shared for at least 25% of the length of the side of each dwelling unit. A townhouse is also called a rowhouse, attached townhome, or a common-wall house.

TOWNHOUSE PROJECT

One or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.

TRAFFIC EVALUATION

A report or analysis, conducted by a qualified professional such as an architect, landscape architect, engineer, surveyor, as applicable, to examine the impact(s) to an aspect of the transportation system, i.e., determination of the location and configuration of an access, sight distance analysis, pedestrian crossing evaluation.

TRAFFIC IMPACT STUDY

A report prepared by a professional engineer that assesses the impacts that a particular development’s traffic will have on the transportation system in the defined study area and provides an analysis of a proposed transportation solution, if needed.

TRANSIT FACILITIES

Includes, but are not limited to, transit streets, transit stops, park and ride stations, multi-modal exchange stations, bus pullout lanes, multiple-passenger transit waiting shelters and furniture, and transit information stations.

TRANSIT-ORIENTED DEVELOPMENT (TOD)

A mix of residential, retail and office uses and a supporting network of roads, bicycle and pedestrian ways focused on a major transit stop designed to support a high level of transit use.

TRANSIT-ORIENTED FEATURES

Features to support a high level of transit use, such as sidewalks, accessways, bikeways, pedestrian and bicycle amenities, and walkways within developments.

TRANSIT SERVICE, PROTECTED

Service which will be established within a one-fourth mile radius within five years after completion of development.

TRANSIT STREET

All streets designated by the Lake Oswego Comprehensive Plan as an arterial street and any street designated by Tri-Met as a bus route.

TRANSPORTATION DEPOT

A facility that includes single or multiple structures, including outdoor areas for storage of vehicles, that serves as a distribution or dispatch center for transportation, such as buses, taxis, and other similar modes of transportation. Accessory vehicle repair, fueling, and office uses are permitted.

TRANSPORTATION PROJECT

A public or private road, street, sidewalk, pathway, bridge, tunnel, rail, or transit improvement designed to facilitate the movement of people or goods within the community. The term includes improvements for drainage, bank stabilization, and erosion control which are related to a transportation project.

TREE GROVE

A stand of three or more trees (of the same species or a mixture) which form a visual and biological unit, including the area between the forest floor and the canopy, including skyline trees, and including any understory vegetation existing within the canopied area. A stand of trees must be at least 15 ft. in height and must have a contiguous crown width of at least 120 ft. to qualify as a tree grove.

ASSOCIATED TREE GROVE

An associated tree grove is one that contributes to the resource value of a riparian area by extending and operating in conjunction with the habitat of the riparian area and providing flood control and water quality enhancement. A tree grove is associated if any portion of its subsite is contiguous with an RP District (stream corridor or wetland), or is contiguous with an RC District (tree grove) that itself is contiguous with an RP District. A tree grove subsite is a unit of analysis in the Natural Resource Inventory, as existing or as updated.

ISOLATED TREE GROVE

A grove of trees that is not an associated tree grove.

TRIPLEX

Three attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling with an adjacent dwelling unit. The common wall shall consist of a structural wall that is shared for at least 25% of the length of the side of each dwelling unit or the common floor/ceiling shall consist of at least 25% of the floor area of each dwelling unit.

TRUCK AND TRAILER RENTAL

Use of any building or land area for the rental of heavy trucks, trailers, vans, and other vehicles primarily used in transporting property or freight, and includes sales of moving accessories. This does not include auto and light vehicle rental or general storage, which are listed as separate uses.

UNDEVELOPABLE AREA (SOLAR ACCESS)

An area that cannot be used practicably for a habitable structure, because of natural conditions, such as slopes exceeding 20% in a direction greater than 45° east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or man-made conditions, such as existing development, which isolates a portion of the site and prevents its further development; setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area.

UNDISTURBED SLOPES

Slopes, or portions of slopes of natural topography, vegetation and soils that have not been previously altered for slope stability, i.e., recontoured, graded, and/or terraced, and the alteration of the slope was either performed in accordance with or subsequently approved by a licensed geotechnical engineer, registered civil engineer experienced in soils engineering, or licensed engineering geologist.

UPLANDS (OR UPLAND FORESTS)

The nonriparian portions of tree groves lying outside of stream corridors, wetlands, and their respective protected riparian areas.

USE, ACCESSORY

Any use incidental, subordinate and consistent with the primary use on the same lot or in the same building, and which is consistent with the uses allowed in the zone in which it is located.

USE, CHANGE OF

A change of the activity on a site which results in a change in the number of parking spaces required by the parking and loading standard.

UTILITY

For purposes of this Code, a "utility" is any person (as defined in this section) who is a local exchange carrier or an electric, gas, water, or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire or cable communication.

VANPOOL

A group of from seven to 15 commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis.

VEGETATION

All plant growth, especially trees, shrubs, mosses and grasses.

VETERINARY CLINIC

A facility providing surgical and medical treatment to animals, which may include overnight accommodations for treated animals, but not crematory facilities. This use may include an outdoor run meeting the use-specific standards in LOC § 50.03.003.6.z. A larger outdoor run or other outdoor facilities may only be allowed with a conditional use permit. Accessory uses may include grooming, retail, short-term boarding, training, physical therapy, and similar pet-related services.

WALKWAY

A surfaced strip of land, legally accessible to the public, improved to accommodate pedestrian traffic.

WALL

A structure which stands alone and which supports no load other than its own weight. The wall may have a solid vertical surface or may have an open pattern.

WALLS, EXTERIOR

Any wall or element of a wall, or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60° or greater with the horizontal plane.

WALL, RETAINING

A structure of masonry, wood, stonework or other building material serving to support or protect an area. For the purpose of this Code, stabilized slopes 60° or greater in inclination shall be considered retaining walls.

WATER BODIES

"Water bodies" include rivers, streams, creeks, sloughs, drainageways, lakes, ponds, and permanently or temporarily flooded lands which lie below the deep water boundary of wetlands. Water depth is such that water, and not the air, is the principal medium in which prevalent organisms live, whether or not they are attached to the bottom. The bottom may sometimes be considered nonsoil or the water may be too deep or otherwise unable to support emergent vegetation.

WATER CONVEYANCE CAPACITY

The capacity of a watercourse to convey a particular volume of water per unit of time at a particular water surface elevation at any particular point on the watercourse.

WATER COURSES

Water courses are defined as ephemeral, intermittent, and perennial drainageways which exhibit defined channels:

EPHEMERAL

Means water courses which convey water associated with rainfall events.

INTERMITTENT

Means water courses whose conveyance of water is seasonal in nature.

PERENNIAL

Means water courses which convey water year-round.

Water courses also include perennial springs. They may be either the result of natural processes or human-made features such as canals, mill races, and open drainageways which are either historic in nature, or have come to function as natural water courses, thus contributing to the quality of an area’s overall natural systems including hydrology, vegetation, wildlife habitat. (See "watercourse" for purposes of LOC § 50.06.006.3.b, Standards for Approval, and LOC § 50.05.011, Flood Management Area.)

WATER QUALITY PROTECTION ACTIONS (HISTORIC PRESERVATION)

Activities, including construction, related to waterways, canals and water bodies intended to affect the quality of water including, but not limited to, dredging, siltation removal or transfer, siltation dams or gabeons; maintenance, repair, additions, alterations, removal and replacement of utility lines located in the water body; weed or algae control, weed or algae harvesting measures; chemical or biological treatment and water filtration; other water quality improvement measures including temporary stoppage of water flow; management of fish, water fowl and wildlife; raising or lowering water level; control of water flow rate including periodic, temporary or emergency stoppage or drainage; diversions, dams or channel relocations.

WATERCOURSE

A natural or artificial channel which conveys stormwater runoff.

WATER DEPENDENT USE

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. Water dependent uses include, but are not limited to, boathouses, docks, decks, marinas, piers, boat lifts, or similar structures. A cabana is not a water dependent use.

WATER DISTRIBUTION SYSTEM

A system consisting of underground pipes, house service lines, valves, hydrants, and other appurtenant structures provided for the transmission of potable water to its point of use.

WETLAND

An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include but are not limited to swamps, marshes, bogs, and similar areas.

ISOLATED WETLAND

A wetland that is not linked or connected to an adjacent stream corridor, wetland, tree grove, or other wooded area.

WETLAND FUNCTIONS AND VALUES

The beneficial characteristics of wetlands, including but not limited to:

Wildlife and plant habitat protection;

Protection of sensitive, threatened and endangered species;

Erosion control;

Flood and stormwater storage;

Water quality enhancement;

Ground water recharge;

Open space, passive recreation, and visual enjoyment;

Cultural, social, educational, and research values.

WHOLESALE DISTRIBUTION

A business primarily engaged in selling and/or distributing merchandise to retailers, business users, or other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such retailers, business users, or other wholesalers.

YARD

An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

YARD, FRONT

A yard, the front of which is the front lot line measuring at right angles toward the building the required distance or to the front exterior wall of the building.

YARD, REAR

A yard, measured at right angles from the rear lot line toward the building, the required distance.

YARD, REQUIRED

The area of land and space between a lot line (or for lots with special street setbacks, the special street setback line if outside the right-of-way) and a setback line, whether the setback line is established by the terms of this Code or by an approval granted pursuant to this Code.

YARD, SIDE

A yard, measured at right angles from the side lot line toward the building, the required distance.

[Cross-References: Old Town styles: See LOC § 50.05.006.2, Definitions of Old Town Styles; Village Character: See LOC § 50.05.004.4, Definition of Village Character.]