The purpose of Chapter 16.12 is to define terms that are used frequently in the City of Happy Valley Development Code, to assist decision makers in interpreting and applying the Code. Some of the terms that are defined here may have different meanings in other communities. When not inconsistent with the context, words used in the present tense shall include the future; the singular tense shall include the plural, and the plural the singular; the word "shall" is always mandatory and the word "may" denotes a use of discretion. For the purposes of this title certain terms and words are defined in this section. Specific definitions which shall also apply to this title may be found in various appropriate sections throughout.
(Ord. 389 § 1(Exh. A),
2009)
Definitions. The definitions in Section 16.12.030 apply to all actions and interpretations under the City of Happy Valley Development Code. The meanings given terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control. Where a term used in this Code is already defined in another part of the City of Happy Valley Code (e.g., the Building Code, etc.) the term is not redefined herein for purposes of that other code. Terms not defined in this Code shall have their ordinary accepted meanings within the context in which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered a standard reference.
(Ord. 389 § 1(Exh. A),
2009)
The following definitions are organized alphabetically and some related terms are also grouped together and cross-referenced under group leadings (e.g., Lot Types). See also Chapter 16.21 for descriptions of the land use districts.
Properties that share a common property line at any point
along the boundary of either property. Abutting includes the terms
adjacent, adjoining and contiguous. Abutting includes properties that
are separated by a private roadway, driveway or drive aisle but does
not include properties that are separated by a public right-of-way.
The way or means by which pedestrians and vehicles enter
and leave property.
An improved internal street within a commercial development
that provides vehicular access to a commercial complex or parking
area, typically bordered by structures.
An easement recorded for the purposed of providing vehicle,
bicycle, and/or pedestrian access from a public street to a parcel
across intervening property under separate ownership from the parcel
being provided access. Cross access is a service drive providing vehicular
access between two or more separate sites, so that the driver need
not enter the public street system between sites.
The systematic control of the location, spacing, design,
and operation of driveways, median openings interchanges, and street
connections to a roadway to minimize conflicts between turning and
through vehicles, bicyclists and pedestrians. The purpose of access
management is to provide vehicular access to land development in a
manner that preserves the safety and efficiency of the transportation
system. Public facility measures to support access management include
roadway design applications, such as median treatments and auxiliary
lanes, and the appropriate spacing of traffic signals. Measures that
may be included as conditions of approval for development decisions
include but are not limited to (1) standards such as minimum spacing
of driveways and onsite vehicle storage requirements, (2) mitigations
related to site conditions such as right-in-right-out only approaches,
medians, dedicated turn lanes, and shared access approaches, and (3)
provision for future opportunities for mitigation by land dedication
or easement.
The minimum required distance from an intersection of a public
or private street to the nearest driveway or other access connection,
measured from the closest edge of the pavement of the intersecting
street to the closest edge of the pavement of the connection along
the traveled way.
Two meanings are possible depending on the specific code
provision: In general, accessible means approachable by pedestrians,
vehicles or other transportation mode, as applicable. Accessible may
also mean approachable and useable by people with disabilities, in
conformance with the Federal Americans With Disabilities Act. Either
or both definitions may apply in a particular situation.
A route that can be used by a disabled person using a wheelchair
and that is also usable by people with other disabilities.
Secondary or incidental to a primary use or structure.
A second dwelling unit created on a lot with a house, attached
house, or manufactured home. The second unit is created auxiliary
to, and is always smaller than, the house, attached house, or manufactured
home.
A parking facility that provides parking for a specific use
or uses. The facility may be located on or off the site of the use
or uses to which it is accessory. A fee may or may not be charged.
An accessory parking facility need not be in the same ownership as
the specific uses to which it is accessory.
Structure of secondary importance or function on a site.
The primary use of the site is not carried on in an accessory structure.
Examples of accessory structures include, but are not limited to:
detached garages, and other structures. Excludes furniture, air conditioners,
hot tubs, pools, etc. See also "primary structure."
A use or activity that is a subordinate part of a primary
use and that is clearly incidental to a primary use on a site. See
also "primary structure."
See "access drive."
See "abutting."
A discretionary action or permit decision made without a
public hearing, but requiring public notification and an opportunity
for appeal.
A family home or facility in which residential care is provided
for five or fewer adults who are not related to the provider by blood
or marriage. "Provider" means any person operating an adult foster
care home. See also "residential home/group care home."
Negative effect that can be measured (e.g., noise, air pollution,
vibration, dust, property values, etc.).
Housing affordable to a certain percentage of the population
earning a specified level of income and spending no more than 30%
of their income on housing expenses. For more information, contact
the Federal Department of Housing and Urban Development and the Oregon
Department of Housing and Community Services.
The raising and harvesting of plants for the purpose of obtaining
a profit. The raising of animals or plants for personal household
use is permitted by right in all development districts in the City.
See ORS 215.203(2)(a).
A physical change to a structure or site. Alteration does
not include normal maintenance and repair or total demolition. (See
also "interior/exterior alteration.") Alteration does include the
following:
Changes to the exterior of a building;
Changes to the interior of a building;
Increases or decreases in floor area of a building;
Changes to other structures on the site, or the development
of new structures;
Changes to exterior improvements;
Changes to landscaping; and
Changes in the topography of the site.
Roofs of buildings, provided they are 30 feet or more in
height above the street grade upon which such buildings front, church
steeples, existing and replacement utility poles, flagpoles, street
light standards, traffic light and traffic sign structures, billboards
and commercial signs and other similar man-made structures and devices
that extend vertically from the ground to a sufficient height or elevation
to accommodate the attachment of antennas at an altitude or elevation
that is commercially desirable for wireless communications signal
transmission and reception.
The licensed and private use of designated radio bands, for
purposes of private recreation, noncommercial exchange of messages,
experimentation, self-training, and emergency communication pursuant
to an amateur operator license granted by the Federal Communications
Commission. Amateur radio is also commonly referred to as "ham radio."
Normal or background environmental condition, as in the level
of light, dust or noise.
A specific device used to receive or capture incoming and/or
to transmit outgoing radio-frequency (RF) signals, microwave signals
and/or other communications energy transmitted from, or to be received
by, other antennas. Antennas regulated by this title include omnidirectional
(or "whip") antennas, directional (or "panel") antennas, micro cell,
parabolic (or "dish") antennas and any other devices designed for
the reception and/or transmission of radio-frequency (RF) signals
or other communication technologies. Antenna does not include support
structures, utility structures, or support towers.
A grouping of two or more antennas on a single support structure,
support tower, or utility structure.
The vertical distance measured from the ground surface at
grade to the tip of the highest point of the antenna on the proposed
or existing structure.
A structure or device specifically designed, constructed
and/or erected for the purpose of attaching, mounting or otherwise
affixing antennas at a height, altitude or elevation which is above
the base of such structure. Antenna support structures include, but
are not limited to, the following:
"Lattice tower" which is a vertical support structure consisting
of a network of crossed metal braces, forming a tower which may be
three, four or more sided;
"Monopole tower" which is a vertical support structure consisting
of a single vertical metal, concrete or wooden pole, pipe, tube or
cylindrical structure, typically round or square, and driven into
the ground or mounted upon or attached to a foundation.
A person who applies for a land use review or building permit.
An applicant can be the owner of the property or someone who is representing
the owner, such as a builder, developer, optional purchaser, consultant,
or architect.
Written approval by the City or an approved representative
of the City.
A professional listed as a certified arborist or a registered
consulting arborist.
An arched or covered passageway; often along building fronts
or between streets.
An architect licensed by the State of Oregon.
The jointing and interrelating of building spaces through
offsets, projections, overhangs, extensions and similar features.
For the purposes of Section 16.42.070, the amount imposed as a charge for street lighting service.
Any structure that is attached to another structure by a
fully enclosed common wall. Hallways, storage areas, breezeways, "I"
beam or similar connections, roofs, decks or stairways do not qualify
as attaching a structure.
Primary or accessory uses servicing motor vehicles, or patrons
in motor vehicles, such as motor vehicle repair, gas station, car
wash, auto and truck sales, drive-up windows, kiosks, and similar
uses.
Development in which the site layout and design gives preference
to automobiles as the primary mode of transportation.
Automobiles and/or other motor vehicles are an integral part
of the use, such as drive-through restaurants and banks.
All equipment necessary to provide wireless communications
signals and data transmission, including, but not limited to, coaxial
or fiber-optic cables, auxiliary power equipment, and electronic processing
devices. Auxiliary support equipment also includes the shelter, cabinets,
and other structural facilities used to house and shelter necessary
equipment. Auxiliary support equipment does not include antennas,
support towers, utility structures, support structures, or external
cables and wires that are not required to provide backup power to
a wireless communication facility.
A shelter supported entirely by the exterior wall of a building
and composed of nonrigid materials except for a supporting framework.
Defined in OAR 141-85-010 (definitions for Removal/Fill Permits)
as the stage or elevation at which water overflows the natural banks
of a stream or other waters of the State and begin to inundate upland
areas. In the absence of physical evidence, the two-year recurrent
flood elevation may be used to approximate the bankful stage.
That portion of a building which has less than one-half of
its height measured from finished floor to finished ceiling above
the average elevation of the adjoining grade.
A structure that supports or houses an existing antenna,
auxiliary support equipment, transceiver, or other associated equipment,
encompassing such equipment in any technological configuration, which
has been reviewed and approved under applicable codes. Base station
does not include support towers or any equipment associated with a
support tower.
Any establishment located in a structure designed for a single-family
residence and structures appurtenant thereto, regardless of whether
the owner or operator of the establishment resides in any of the structures,
that:
A small rise or hill in a landscape which is intended to
buffer or visually screen certain developments, such as parking areas.
There are different types of bicycle facilities. In general,
a "bicycle facility" is a public or private way designed for and dedicated
to bicycle use. It may consist of a road, a lane within or on the
shoulder of a road, a path, multi-use path, or other way that is specifically
designated for bicycle travel or shared bicycle/pedestrian travel.
All of the property bounded by streets, rights-of-way, and
water features, but is not divided or separated in any way by streets
or water features.
All of the property fronting on one side of a street that
is between intersecting or intercepting public streets, or that is
between a public street and a natural water feature, or end of a dead
end street. An intercepting street determines the boundary of the
block frontage only on the side of the street that it intercepts.
A post of metal, wood or masonry that is used to separate
or direct traffic (vehicles, pedestrians and/or bicycles). Bollards
may contain sidewalk or pathway lighting.
An area established adjacent to a significant wetland which
protects the resource from impacts.
Any structure that has a roof and is enclosed on at least
50% of the area of its sides, built and maintained for the support,
shelter or enclosure of persons, motor vehicles, animals or personal
or real property of any kind.
The total area of a building, both above and below ground,
measured from the exterior faces of a building or structure. Gross
building area does not include the following:
See "lot coverage."
The outline of a building, including any roofed structure.
A roofed structure includes any structure more than six feet above
grade at any point, and that provides an impervious cover over what
is below. Building footprint also includes uncovered horizontal structures
such as decks, stairways and entry bridges that are more than six
feet above grade. Eaves are not included in building coverage. Underground
facilities and structures are defined based on the foundation line.
The front façade of a building facing a public or
private street or an access drive of more than 200 feet in length.
The height of a building or structure as measured from the
elevation of the finished grade (see definition of "grade, finished")
to the highest point of the coping of a flat roof or the highest gable
of a pitched or hipped roof. This definition shall not apply to broadcast
towers or antennae connected to or separate from any structure.
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The aggregate size of a building.
A line on a plat indicating the limit beyond which buildings
or structures may not be erected.
A line running parallel to a lot line that is the same distance
from the lot line as the closest portion of a building on the site.
The person who enforces the building ordinances and regulations
for the City, and other ordinances and regulations as assigned.
A vacant building site on a lot with other building sites.
A permit for any structure, obtained in accordance with appropriate
portions of the Uniform Building Code and any other applicable code,
ordinance or statute.
The dimensional relationship of a building and its component
parts to other buildings.
The area on a lot or parcel that is designated to contain
a structure, impervious surface or non-native landscaping.
For purposes of computing lot frontage improvement requirements,
building square footage means the total area of all floors of all
buildings measured for each floor (including basements) from the exterior
faces of any building or structure. Building square footage includes
the area devoted to garages, storage and structured parking, including
carports.
A maximum front or street yard setback which is typically
required along commercial street frontages to promote a storefront
character and pedestrian-oriented design.
A location where bus service stops to load and unload passengers.
For purposes of measuring, the bus stop is the location of a sign
denoting the bus stop.
Any wireless or communication facility that is designed to
blend into the surrounding environment. Examples of camouflaged facilities
may include architecturally screened roof-mounted antennas integrated
into architectural elements, towers painted to match the ambient background
colors, and employing similar techniques to minimize the visual impact
of the facility.
A permanent roofed structure that may be freestanding or
be partially attached to a building, for the purpose of providing
shelter to patrons on foot and/or in motor vehicles; does not include
a completely enclosed structure.
Maximum holding or service ability, as used for transportation,
utilities, parks and other public facilities.
A stationary structure consisting of a roof, its supports,
not more than one wall or storage cabinets substituting for a wall,
used to shelter motor vehicles, recreational vehicles, or boats.
Land used or intended to be used for the burial of the dead
and dedicated and approved for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries, when operated in conjunction
with and within the boundaries of such cemetery.
The radius of a centerline of a street right-of-way.
A certificate of occupancy or a certificate of inspection
issued by the City at the completion of a building permit or change
of occupancy.
Change in the primary type of use on a site.
The utilization of a private residence as a certified child
care home that has been certified under ORS 657A.280 by the Oregon
Child Care Division.
The City of Happy Valley, Oregon.
The City Engineer for the City of Happy Valley is the professional
engineer (P.E.) that holds the title of City Engineer, or the City
Engineer's designee.
The City Manager or the City Manager's designee, except where
the context expressly requires otherwise.
Decision criteria and standards that do not involve substantial
discretion or individual judgment in their application.
Any activity that removes existing vegetation or strips surface
material from any portion of the site.
For the purposes of Section 16.44.020, the mounting or installation of antennas and/or auxiliary support equipment on an existing support tower, support structure, replacement structure or base station for the purpose of transmitting and/or receiving radio frequency signals for wireless communication purposes, but not including installation of a replacement structure or a substantial change in the physical dimensions of the existing wireless communications facility, as defined below.
For the purposes of Title 16, commercial vehicles are defined
as being designed or used primarily for the transportation of property
for compensation or profit, and include dump trucks, tractor-trailers,
large commercial trailers, larger tow trucks, flat-bed trucks, larger
box vans, etc. Depending on the nature of the commercial vehicle,
further criteria for evaluation is that a commercial motor vehicle
is a vehicle that will be operating at a gross vehicle weight rating
or combination weight of 26,001 pounds or more. The definition also
includes vehicles designed to transport 16 or more persons and vehicles
designed to transport hazardous materials regardless of weight. This
definition excludes fire trucks, emergency vehicles, motor homes and
recreational vehicles operated solely for personal use, as well as
SUVs, oversized "pick-up" trucks (for example, F-350s, "dualies,"
etc., that may have a "T" plate commercial license but are less than
26,001 pounds gross vehicle weight (empty)).
The Happy Valley Planning Commission as appointed by the
City Council.
Land commonly owned to include open space, landscaping or
recreation facilities (e.g., typically owned by a homeowners' association).
A courtyard that provides for pedestrian and bicycle access,
but not vehicle access, to abutting property and generally provides
a common area for use by residents. A common green may function as
a community yard. Hard and soft landscape features may be included
in a common green, such as groundcover, trees, shrubs, surfaced paths,
patios, benches, or gazebos.
Those coordinated plans which have been adopted by the City
of Happy Valley which designate plans and programs to encourage the
most appropriate use of land and which outlines goals and policies
and establishes guidelines which will guide development throughout
the City in the interest of the public health, peace, safety and welfare.
For the purposes of Chapter 16.51, calculations, including
coefficients and other pertinent data, made to determine the drainage
plan with flow rates of water given in cubic feet per second (cfs).
A use that requires a conditional use permit and which may
be allowed upon approval of the Planning Commission or appropriate
and designated body or agent and subject to requirements, stipulations
and conditions as stated by City ordinances which will insure the
public health, safety, peace and general welfare of the community.
Ownership of a single unit in a multi-unit structure that
includes common areas and facilities.
Multi-unit housing with self-contained apartments that contain
cooking facilities which support independent lifestyles for those
that have life-function disabilities due to age, medical, or mental
condition, which do not require residential care or skilled nursing
services. Congregate housing provides varying levels of support services,
such as meals, laundry, housekeeping, transportation, and social,
recreation, cultural and education activities.
An easement that protects identified conservation values
of the land, such as wetlands, woodlands, significant trees or groves,
floodplains, wildlife habitat, and similar resources.
Wetlands developed as a water quality or quantity facility,
subject to change and maintenance as such. These areas must be clearly
defined and/or separated from naturally occurring or created wetlands.
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.
For the purposes of Chapter 16.45, any written or graphic information on a sign.
The radius of a street corner, as measured around the curb
or edge of pavement.
The projecting horizontal element that tops a wall or flat
roof.
The elected members which constitute the governing body of
the City, referred to as the City Council of Happy Valley, Oregon.
Clackamas County, Oregon.
A court or enclosure adjacent to a building, which usually
provides amenities such as gardens, planters, seating, or art.
Wetlands developed in an area previously identified as a
non-wetland to replace or mitigate wetland destruction or displacement.
A created wetland shall be regulated and managed the same as an existing
wetland.
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.
A driveway opening delineated by a concrete apron along a
street.
A tree which, due to its location or condition, presents
a clear public safety hazard or an imminent danger of property damage,
where such hazard or danger cannot reasonably be alleviated by treatment,
pruning or other means.
Facilities that provide care and supervision of minor children
for periods of less than 24 hours. Examples include daycare centers,
nursery schools, preschools and before-and-after school care programs.
Family child care providers provide care for not more than 12 children
in a home. See ORS 657A for certification requirements.
Calendar days, unless specifically stated as working days.
Working days include Monday through Friday, excluding holidays.
For the purposes of Chapter 16.34, discarded manmade objects that would not occur in an undeveloped stream corridor or wetland. "Debris" includes, but is not limited to, tires, vehicles, litter, scrap metal, construction waste, lumber, plastic or styrofoam. Debris does not include objects necessary to a use allowed by this chapter, or ornamental and recreational structures. Debris does not include existing natural plant materials or natural plant materials which are left after flooding, downed or standing dead trees or trees which have fallen into protected water features.
The designation of land by its owner for any public use as
shown on a subdivision plat or deed. The term may also be used for
dedications to a private homeowners' association.
In reference to natural resources, an analysis of a resource
by a qualified professional that determines its boundary according
to an approved methodology.
The numerical criteria or narrative condition needed in order
to protect an identified beneficial use.
A person with at least a Masters degree in architecture or
urban design with five years of professional experience.
The elevation of the 100 year storm as defined in FEMA Flood
Insurance Studies or, in areas without FEMA floodplains, the elevation
of the 25 year storm, or the edge of mapped flood prone soils or similar
methodologies.
The storm level which has been designated by the City as
being the base storm for all computations and calculations.
The average period of time in years that the design storm
may be expected to occur once, with the probability being the same
for each year that such storm will occur in any year of the frequency
interval.
To construct or alter a structure or to make a physical change
to the land including excavations and fills.
A parcel or parcels of land developed to the extent permitted
by the current development regulations or minimum density requirements,
if applicable.
Areas that lack sufficient vegetative cover to meet one-acre
mapping units of any other type of vegetative cover.
A flood area (1) upon which a building or other structure
has been located, or (2) that is an uncovered, hard-surfaced area
or an area covered with a perforated hard surface (such as "Grasscrete")
that is able to withstand vehicular traffic or other heavy-impact
uses; provided, however, that graveled areas shall not be considered
developed flood areas.
Generally, all improvements on a site, including buildings,
other structures, parking and loading areas, landscaping, impervious
surface areas, and areas devoted to exterior display, storage, or
activities. Development includes improved open areas such as plazas
and walkways, but does not include natural geologic forms or unimproved
land. In addition, development means any manmade change defined as
a change in use, mining, dredging, paving, filling or grading in amounts
greater than 10 cubic yards on any lot or excavation, or any other
activity that results in the removal of more than either: 10 percent
of the vegetation in the water quality resource area or 20,000 square
feet of the vegetation in the Habitat Conservation Area on a lot or
parcel. When individual trees are removed, the area contained within
the tree's dripline shall be the basis for calculating the square
footage of vegetation removed. Development does not include the following:
(1) Stream enhancement or restoration projects approved by cities
and counties; (2) Farming practices as defined in ORS 30.930 and farm
use as defined in ORS 215.203, except that buildings associated with
farm practices and farm uses are subject to the requirements of this
title; and (3) Construction on lots in subdivisions meeting the criteria
of ORS 92.040(2)(1995). See also "exterior improvements."
An agreement between the City and a property owner related
to a specific development proposal in which the property owner and
City agree in writing to on-site and off-site public or private improvements
related to the subject development proposal, pursuant to ORS 94.504.
The specific designations applied to all land throughout
the entire City which serves to indicate the potential density of
development.
The development site is either or both of the following:
For the purposes of this Code, a disabled person is a person
who has a condition of physical or mental disability which substantially
limits one or more major life activities as stated in Section 504
of the Federal Rehabilitation Act of 1973 and state law.
Facilities that provide care and supervision of disabled
persons for periods of less than 24 hours.
A use that physically left the land it was on, a permitted use that ceased, or a use terminated at the end of a lease or contract. See Chapter 16.72, Nonconforming Uses and Developments. A use is considered temporarily discontinued during the first two years after it ceases, after which it is considered permanently discontinued.
A permit action or decision that involves substantial judgment
or discretion.
The total area of a sign that is available for displaying advertising or an informational message, subject to the provisions of Chapter 16.45.
An establishment engaged in receiving, storing and distributing
goods, products, cargo, and materials, including transshipment by
rail, air, or motor vehicle.
As used in this code, a land use district is the same as
a zoning district or zone.
Clackamas County Service District No. 5 or its successor.
Manmade changes to the existing physical status of the land,
which are made in connection with development. The following uses
are excluded from the definition:
An area that contains all temporary and permanent development,
exterior improvements, and staging and storage areas on the site,
both existing and proposed. Vegetation planted for resource enhancement
and agricultural and pasture land is not included.
As defined in OAR 141-86-200 (1997) (definitions for Local
Wetland Inventory Standards and Guidelines), "wetland determination"
means identifying an area as wetland or non-wetland.
The watershed (acreage) contributing surface water runoff
to and including the subject property.
A plan for receiving, handling, and transporting surface
water within and releasing the flow of water from the subject property.
Generally, an open linear depression, whether constructed
or natural, that functions for the collection and drainage of surface
water. It may be permanently or temporarily inundated.
Major drainageway. Drainageways which, for the purpose of Chapter
16.51, are the primary water-carrying routes within the City. The
major drainageways shall include Mt. Scott Creek and the natural drainageway
that is tributary to Mt. Scott Creek, located immediately to the west
of Mt. Scott Blvd.
Minor drainageway. Drainageways which are secondary water-carrying
routes within the City and shall include all other natural drainageways
as indicated on the current Happy Valley drainage study.
Imaginary line around a tree or shrub at a distance from
the trunk equivalent to the canopy (leaf and branch) spread.
An internal vehicular drive within an, institutional, multifamily
residential, commercial or industrial complex parking lot, typically
bordered by parking spaces.
A facility or structure that is designed to allow drivers
to remain in their vehicles before and during an activity on the site.
Drive-through/drive-up facilities also include facilities designed
for the rapid servicing of vehicles, where the drivers may or may
not remain in their vehicles, but where the drivers usually either
perform the service for themselves, or wait on the site for the service
to be rendered. Drive-through facilities may serve the primary use
of the site or may serve accessory uses. Examples are drive-up windows;
automatic teller machines; coffee kiosks and similar vendors; menu
boards; order boards or boxes; gas pump islands; car wash facilities;
auto service facilities, such as air compressor, water, and windshield
washing stations; quick-lube or quick-oil change facilities; and drive-in
theaters.
There are two types of driveways:
The area that provides vehicular access to a site from a street.
A driveway is the same width as the curb cut excluding any aprons
or extensions of the curb cut. This type of driveway begins at the
street and extends into the site. A driveway does not include parking,
maneuvering, or circulation areas in parking areas, such as aisles;
and
The area that provides vehicular circulation between two or
more noncontiguous parking areas. A driveway does not include maneuvering
or circulation areas within the interior of a parking area. Where
required by Code for fire safety, a driveway must be used exclusively
for circulation, with no abutting parking spaces.
The edge of a driveway where it abuts a public way; usually
constructed of concrete.
As listed and described in the Sunset Western Garden Book
or similar information source for the area in which the development
site is located (latest edition).
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A duplex located on its own lot that shares one or more common
or abutting walls with another duplex (for a total of four dwelling
units). The common or abutting wall must be shared for at least 50%
of the length of the side of the dwelling.
A grouping of no less than four detached buildings per gross
acre on a lot designed or used exclusively for the occupancy of separate
families living independently of each other in each detached building,
or "cottage," and having separate housekeeping facilities for each
family. The cottages are generally oriented around a common courtyard
and comply with the LDC 16.44.130.
A building containing four dwelling units on a single lot.
The units must comply with the definition of an attached structure
and share a common wall of at least 20 feet in width or common floor/ceiling
of at least 20 feet in width. None of the units may be attached by
hallways, storage areas, breezeways, "I" beams, roofs, decks or stairways
or contain an accessory dwelling unit.
A building on a single lot designed and used for occupancy
by five or more families, all living independently of each other,
and having separate housekeeping facilities for each family. Multifamily
does not include cottage cluster housing. Multifamily dwellings include
condominiums and apartment units without regard to ownership status.
Housing designated and/or managed for persons over a specified
age. Specific age restrictions vary. Includes independent care and
assisted care facilities for the elderly, but excludes nursing homes,
convalescent care and institutional type living arrangements unless
it is part of a congregate/assisted-living complex, and the congregate
care portion does not make up more than 25% of the total gross area
of the facility. Senior housing can consist of a combination of apartments,
rowhouses and other types of housing units. Units may be connected
to each other by hallways or breezeways.
A dwelling, located on its own lot excluding an accessory
dwelling unit, which shares one or more common or abutting walls of
at least 20 feet in width with one or more other dwellings on another
lot. A single-family attached dwelling does not share common floors
or ceiling with other dwellings.
A detached dwelling on a single lot excluding an accessory
dwelling unit.
A building containing three dwelling units on a single lot.
The units must comply with the definition of an attached structure
and share a common wall of at least 20 feet in width or common floor/ceiling
of at least 20 feet in width. None of the units may be attached by
hallways, storage areas, breezeways, "I" beams, roofs, decks or stairways
or contain an accessory dwelling unit.
A building containing two dwelling units on one lot. The
units must comply with the definition of an attached structure and
share a common wall of at least 20 feet in width or common floor/ceiling
of at least 20 feet in width. None of the units may be attached by
hallways, storage areas, breezeways, "I" beams, roofs, decks or stairways
or contain an accessory dwelling unit.
A grant of rights by a property owner that allows others
to use the owner's land for a specific purpose, such as access, or
to locate utilities. Recorded and on record at Clackamas County.
Projecting overhang at the lower border of a roof and extending
from a primary wall or support.
The primary biological and hydrologic characteristics of
healthy fish and wildlife habitat. Riparian ecological functions include
microclimate and shade, streamflow moderation and water storage, bank
stabilization and sediment/pollution control, sources of large woody
debris and natural channel dynamics, and organic material sources.
Upland wildlife ecological functions include size of habitat area,
amount of habitat with interior conditions, connectivity of habitat
to water resources, connectivity to other habitat areas, and presence
of unique habitat types.
A subset of total impervious area that is hydrologically
connected via sheet flow or discrete conveyance to a drainage system
or receiving body of water.
Scaled drawing of the outside wall of a building or structure,
from grade to roof ridgeline, typically specifying materials, color,
and dimensions.
Any manmade or natural event or circumstance causing or threatening
loss of life, injury to person 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.
For the purposes of Chapter 16.51, natural or artificial
objects, structures or systems which serve to reduce flow velocity
or volume in any drainage or runoff area in order to prevent erosion,
channelization or the increase of flow beyond desired levels.
A registered professional engineer licensed by the State
of Oregon.
A registered professional engineering geologist licensed
by the State of Oregon.
For the purposes of Chapter 16.34, the process of improving upon the natural functions and/or values of an area or feature which has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate processes and features that occur naturally.
In reference to wireless communications facilities, a small
structure, shelter, cabinet, box or vault designed for and used to
house and protect the electronic equipment necessary and/or desirable
for processing wireless communications signals and data, including
any provisions for air conditioning, ventilation or auxiliary electricity
generators.
To construct, build, assemble, alter, place, affix, attach,
create, recreate, paint, draw or in any way bring into being or establish.
The movement of soil particles resulting from actions of
water or wind.
Application materials, plans, data, testimony and other factual
information used to demonstrate compliance or noncompliance with a
code standard or criterion.
The removal, placement, or replacement of earth, concrete,
asphalt, and similar nondecomposable materials whether permanent or
temporary in nature. Excavating or filling does not include the movement
of earth or placement of gravel, asphalt, or other paving materials
that is done in conjunction with road improvements. It does not include
the excavation of mineral or aggregate resources. Excavating or filling
includes the terms grading, preloading, surcharging, and stockpiling.
Expressways are complete routes or segments of multi-lane
highways and planned multi-lane highways that provide for safe and
efficient high speed and high volume traffic movements. The primary
function is to provide for interurban travel and connections to high
growth and existing and planned employment areas with minimal interruptions.
A secondary function is to provide for long distance interurban travel
in metropolitan areas. Speeds are moderate to high. Private access
is discouraged and there is either a long-range plan or review process
to identify alternative access. Public road connections are highly
controlled and parking is prohibited. Pedestrian facilities and bikeways
may be separated from the roadway.
Exterior display includes the outdoor display of products,
vehicles, equipment, and machinery for sale or lease. Exterior display
is an outdoor showroom for customers to examine and compare products.
There is variety or a distinction among the goods on display, through
different products, brands, or models. The display area does not have
to be visible to the street. Exterior display does not include goods
that are being stored or parked outside, if there is no variety or
distinction among the goods, and the goods are not examined and compared
by customers. It does not include damaged or inoperable vehicles,
vehicles or equipment being serviced, bulk goods and materials, and
other similar products. Exterior display does not include car and
boat sales and leasing when such vehicles are not accessible to customers
to inspect and compare; this situation is considered exterior storage.
Examples of uses that often have exterior display are car and boat
sales and leasing, and plant nurseries. See also "exterior work activities"
and "exterior storage."
An alteration that is outside any buildings.
Exterior storage includes the outdoor storage of goods that
generally have little or no differentiation by type or model. The
goods may be for sale or lease, but if so, they are the type that
customers generally do not inspect and compare. Exterior storage also
includes the outdoor storage of goods for sale, lease or rent that
may be differentiated by type or model, but that are not accessible
for customers to inspect or compare. Exterior storage includes the
storage of raw or finished goods (packaged or bulk), including gases,
oil, chemicals, gravel; building materials, packing materials; salvage
goods; machinery, tools, and equipment; vehicles that are for sale,
lease or rent, which are not accessible to the customer to inspect
or compare; vehicles that have been unloaded at port facilities and
are waiting transport to off-site locations; vehicles that have been
towed and are being kept in an impound lot; and other similar items.
The storage of recreational vehicles outdoors is also considered exterior
storage. Damaged or inoperable vehicles, or vehicles that have missing
parts, which are kept outside are also included as exterior storage.
Examples of uses that often have exterior storage are lumber yards,
wrecking yards, tool and equipment rental, bark chip and gravel sales,
car dealerships or car rental establishments, and port facilities.
See also "exterior display" and "exterior work activities."
Exterior work activities include the outdoor processing,
assembly, or fabrication of goods; the maintenance, repair, and salvage
of vehicles and equipment; and other similar activities that generally
have an industrial orientation. Exterior work activities do not include
normal pick-up and deliveries to a site, parking, excavation and fills,
exterior eating areas, outdoor recreation, or outdoor markets. See
"exterior display" and "exterior storage."
All equipment and property associated with the construction
of antenna support structures, antenna arrays and antennas, including
but not limited to cables, wires, conduits, ducts, pedestals, antennas
of all descriptions, electronic and mechanical equipment and devices,
and buildings and similar structures.
See "household."
As used in this Code, "agriculture" is the same as "farm
use." (See ORS 215.203(2)(a).) Includes utilization of land to raise,
harvest, or sell crops; feed, breed, manage, and sell live-stock,
poultry, fur-bearing animals, honeybees, or their produce; dairy and
sell dairy products; or any other agricultural or horticultural use,
animal husbandry, timber agricultural use, or combination thereof.
Farm uses include preparation or processing and storage of products
raised on such land, but do not include construction or use of dwellings
and other buildings customarily provided in conjunction with farm
uses.
Any barrier or section thereof, other than a wall or vegetation
unless otherwise identified, designed to delimit a boundary or provide
a visual screen.
A structure, consisting of wood, metal or masonry or an evergreen
hedge or other evergreen planting, built for the purpose of separating
properties and/or uses and arranged in such a way as to obstruct normal
human vision.
Any material such as, but not limited to, earth, sand, gravel,
soil, rock, and similar non-decomposable material that is used for
the purposes of development or redevelopment. "Filling" is the placement
or replacement of these materials.
The diagrams, drawings, and other writing containing all
the descriptions, locations, dedications, provisions and information
concerning a land division, approved and prepared for filing or recording
with County clerk and containing those elements and requirements as
set forth in this title, and as required by state statute.
Unobstructed area or driveway meeting Uniform Fire Code requirements;
typically may not be used for parking or loading area.
A general and temporary condition of partial or complete
inundation of normally dry land areas from: the overflow of inland
or tidal waters; the unusual and rapid accumulation or runoff of surface
waters from any source; or, mudslides (i.e. mudflows) which are proximately
caused by flooding and are akin to a river of liquid and flowing mud
on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current.
In addition, flooding means the collapse or subsidence of land along
the shore of a lake or other body of water as a result of erosion
or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding.
An official map of a community on which the Federal Insurance
Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
The land area identified and designated by the United States
Army Corps of Engineers, the Oregon Division of State Lands, FEMA
or the City as susceptible to being inundated by water from any source
(see "flood or flooding").
The active flowing channel during a flood, as designated
on flood maps for the City; the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
The area of the floodplain, lying outside the floodway, which
does not contribute appreciably to the passage of floodwater, but
serves as a retention area.
The total floor area of a building, both above and below
ground with a clear ceiling height of at least seven feet. Floor area
is measured from the interior walls of a building or structure and
does not include the following:
Roof area;
Roof top mechanical equipment;
Roofed porches, exterior balconies, or other similar areas,
unless they are enclosed by walls that are more than 42 inches in
height, for 50% or more of their perimeter; and
Vents, shafts, courtyards, stairwells, elevator shafts, rooms
designed and used for the purpose of storage and operations of maintenance
equipment and enclosed or covered parking areas.
The ratio of the total amount of enclosed gross floor area within a structure to the amount of buildable acreage pursuant to Section 16.63.020(F), Density Calculations. For example, a single-story building constructed on one-quarter of the net developable site would have a floor area ratio of 0.25. If a second story were added, the floor area ratio would increase to 0.50, etc. For purposes of calculation, both floor area and net site area shall be converted to square feet. Total gross floor area is measured from the exterior faces of a building or structure, and does not include basement or semi-subterranean areas used for storage or parking.
A unit of illumination (light standards), equal to one lumen
per square foot, or the amount of light from a source of one candela
directly thrown on a square foot of surface at a distance of one foot.
Areas that are part of a contiguous grove of trees of one
acre or larger in area with approximately 60% or greater crown closure,
irrespective of whether the entire grove is within 200 feet of the
relevant water feature.
The portion of building parallel or adjacent to the front
property line, or the side on which the front door of the building
is located.
Any boundary line separating the lot from a public or private
road.
Generally, the dimension of a property line abutting a public or private street. However, for the purposes of Section 16.42.070, "frontage" specifically means the length of property abutting a street benefited by street lighting.
A minor street that parallels an arterial street or highway
in order to provide access to abutting properties and minimize direct
access onto the arterial or highway.
The classification given to streets by the road authority (e. g., "local/collector/arterial"). See Chapter 16.41 and the City's Transportation System Plan for street standards.
A document that shows lot, tract and right-of-way boundaries
for all potential future phases of a land division. The plan is not
binding on the City or the applicant. The purpose of the plan is to
document that the design of the first phase of the plan does not preclude
future phases from meeting City standards.
A covered structure designed to provide shelter for vehicles,
and which is accessory to a use in these structure types: houses,
attached houses, duplexes, mobile homes, or houseboats. Carports are
considered garages. Floor area adjacent to the space designed to provide
shelter for vehicles, if not entirely separated from the garage area
by floor-to-ceiling walls, is considered part of the garage. A garage
may be attached to or detached from another structure. See also "structured
parking."
The effect of brightness or brightness difference within
the visual field sufficiently high to cause annoyance, discomfort
or loss in visual performance.
The elevation or surface of the earth after all earthwork
has been completed as approved on the final grading plan for the subject
site (also finish grade). In the calculating of building height, finished
grade is measured at the lowest point of elevation of the finished
surface of the ground, paving or sidewalk within the area between
the building and property line, or when the property line is greater
than five feet from the building, between the building and a line
five feet from the building. The City Engineer shall have authority
to further define finished grade when unusual conditions pertaining
to structures and terrain exist.
The elevation of the ground surface in its natural state,
before manmade alterations.
All cuts, fills, embankments, stockpile areas, and equipment
maneuvering areas associated with development.
Any living plant approved as part of a landscape plan that provides under story cover, shade of the ground, or cover for bare ground. See Chapter 16.42, Landscaping, Street Trees, Fences and Walls.
An area identified on the Metro Habitat Conservation Areas
Map and subject to specific development standards.
A method of developing property that has less detrimental
impact on fish and wildlife habitat than does traditional development
methods. Examples include clustering development to avoid habitat,
using alternative materials and designs such as pier, post, or piling
foundations designed to minimize tree root disturbance, managing stormwater
on-site to help filter rainwater and recharge groundwater sources,
collecting rooftop water in rain barrels for reuse in site landscaping
and gardening, and reducing the amount of effective impervious surface
created by development.
Such areas include specially treated or textured concrete
designed as a plaza, courtyard or building entrance and contain pedestrian
sensitive amenities such as benches, drinking fountains, planters,
trees in grated wells, street furniture, lighting, public art, water
features or other design features integrated into the overall design
of a building or portion of a site. Hardscaped areas may include canopies
and overhangs to protect public activities from wet weather.
Any substance, material, or waste listed below:
Nuclear or radioactive materials or waste;
Chemicals Subject to Reporting Under Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, published July,
1987, U. S. Environmental Protection Agency; and
Hazardous Materials Table, in the Code of Federal Regulations
(CFR), Title 49, Part 172.101.
A helipad is a relatively flat land area or landing platform
for helicopters constructed of concrete or fabricated hard surface,
marked with a circle and/or the letter "H" so as to be visible from
the air.
A heliport is a small airport suitable only for helicopters
that contains one or more helipads and may have limited facilities
such as fuel, equipment storage, lighting, a windsock, or a hangar.
A building or portion thereof designed and used for occupancy
of transient individuals lodged with or without meals. (See ORS 446.310.)
See "Dwelling, single-family detached." A detached dwelling
unit located on its own lot.
One or more persons related by blood, marriage, civil union,
legal adoption or guardianship, plus not more than five additional
persons, who live together in one dwelling unit; one or more handicapped
persons as defined in the Fair Housing Amendments Act of 1988, plus
not more than five additional persons, who live together in one dwelling
unit; or seven or more persons who live together in one dwelling unit
as a single, nonprofit housekeeping unit whose relationship is of
a permanent and distinct domestic character, with a demonstrable and
recognizable bond where each party is responsible for the basic material
needs of the other and all are living as a single housekeeping unit.
Natural features that are identified in the National Wetlands
Inventory, Local Wetlands Inventory, and other references used by
the City or natural resource regulatory agency, as being significant
and in need of protection.
That surface area which prevents or slows the entry of water
into the soil mantle and/or causes water to runoff the surface in
greater quantities or at an increased rate. Impervious surfaces may
include, but are not limited to, rooftops, concrete or asphalt paving,
walkways, patios, driveways, parking lots, oiled macadam, gravel or
other surfaces which similarly resist infiltration or absorption of
moisture.
Secondary to, and less apparent than, the primary use or
other portion of the development.
The development or division of vacant, bypassed lands located
in an area that is mainly developed.
An alteration that is inside any buildings.
Plant species that have been introduced and due to aggressive
growth patterns and lack of natural enemies in the area where introduced,
spread rapidly into native plant communities (see definition for "nuisance/non-native
invasive plants").
(1) Any property or establishment on which one or more persons
are engaged in breaking up, dismantling, sorting, storing, distributing,
buying, or selling scrap or waste materials. (2) Any establishment
or place of business on which one or more inoperable motor vehicles
or an equivalent volume of waste or refuse are maintained, stored,
bought, or sold. Includes wrecking yards, automobile grave yards,
garbage dumps, and scrap metal processing facilities.
Any location where five or more dogs or cats aged six months
or older are boarded or bred. The sale of these animals may be a part
of the kennel use. Establishments where animals are offered for sale
as the primary use, such as pet stores, are not classified as kennels.
Happy Valley's Land Development Code, as amended.
The process of dividing land to create parcels or lots. See Chapter 16.63, Land Divisions and Property Line Adjustments.
The activity or activities that occur on a piece of land.
Activities may be individually identified as primary or accessory
uses.
A land use decision for approval or approval with conditions.
It includes any time limits or other restrictions that may apply to
the land use decision.
An application for land use approval pursuant to this title,
or the review of such application.
A level part of a staircase, usually at the end of a flight
of stairs.
Any combination of living plants such as trees, shrubs, plants,
vegetative groundcover or turf grasses, and may include structural
features such as fences, benches, works of art, reflective pools,
fountains or the like. Also includes irrigation systems, and re-vegetation
or the preservation, protection and replacement of trees.
A narrow, limited use roadway facility, similar to an alley
in design, usually used to access a limited number of dwelling units.
A legislative action or decision is the making of law, as opposed to the application of existing law to a particular use (e.g., adoption of, or amendment to, a Comprehensive Plan or development regulation). See also Section 16.61.050 (Type IV Procedure).
As referred to throughout the City's Comprehensive Plan and
within the Land Development Code, means the required provision by
a development of public water, public sewer, stormwater, fire protection
and streets and roads unless meeting the criteria as a private facility
or an alternative is approved per the LDC.
As referred to throughout the City's Comprehensive Plan and
within the Land Development Code, means the required provision by
agencies and/or development to the provision of public schools, police
protection, parks and recreation, public transit, vector control and
administrative services.
A quantitative standard for transportation facilities describing
operational conditions. Level of service may be described for intersections
(signalized or unsignalized) or street segments (between signalized
intersections).
The removal of a branch of a tree back to the main trunk
of such tree.
Domestic animal types customarily raised or kept on farms.
See "agriculture."
The habitable floor area of a residential structure conforming
to applicable building codes; typically does not include garage area,
and attic and basement areas with substandard ceiling height or substandard
egress.
The area available for the maneuvering and standing of vehicles engaged in delivering and loading goods, freight, or other articles. See also Chapter 16.43, Parking and Loading.
A small public district formed for the purpose of carrying
out local improvements (paving of streets, construction of storm sewers,
development of a park, etc.). Property owners within the LID are assessed
for the cost of the improvements in accordance with ORS 223.387-223.485.
The State of Oregon defines lot as a legally defined piece of land other than a tract that is the result of a subdivision. For purposes of Title 16, the definitions for "lot" apply to the State definition of both lot (result of subdividing) and parcel (result of partitioning). See also "ownership," "parcel" and "site."
The total surface area (measured horizontally) within the
boundary lines of a lot.
See "lot types."
The portion of a lot that is covered by buildings, and decks,
stairways and entry bridges that are more than 30 inches above grade.
Eaves are not included in building coverage.
The distance of a line measured from the midpoint of the
front lot line to the midpoint of the rear lot line. For the purposes
of measuring lot depth of corner lots, the longest streetside lot
line may be assumed to be a side lot line.
See "frontage."
The relocation of a single common property line between two
abutting properties, in conformance with ORS 92.010(11).
Front lot line is a lot line, or segment of a lot line, that
abuts a street. On a corner lot, the applicant or property owner can
choose which lot line is to be the front lot line. On a through lot
the applicant or property owner can choose which lot line is to be
the front lot line and which lot line is to be the rear lot line,
regardless of whether the street lot lines are of equal or unequal
length. On a flag lot, the applicant or property owner can choose
which lot line is to be the front lot line, so long as it is one of
the lot lines that makes up the flag portion of the lot, and the rear
lot line is the property line most distant from, and opposite from,
the chosen front lot line.
The property line most distant from, and opposite from, the
front lot line. A triangular lot has two side lot lines but no rear
lot line. For other irregularly shaped lots, the rear lot line is
all lot lines that are most nearly opposite the front lot line.
A lot line that connects front and rear lot lines. On a corner
lot, the longer lot line that abuts a street is a side lot line.
A lot line, or segment of a lot line, that abuts a street.
Street lot line does not include lot lines that abut an alley. On
a corner lot, there are two (or more) street lot lines. Street lot
line can include front lot lines and side lot lines.
"Lot of record"
means an area of land created prior to the effective date
of the ordinance codified in this title as shown as a lot on a final
plat of a recorded subdivision; or
An area of land described by metes and bounds in a deed or contract
recorded in the office of the County Clerk prior to the effective
date of the ordinance codified in this title; the creation of which
was not in violation of any state statute or City ordinance.
Corner lot.
A lot bounded entirely by streets, or a lot which adjoins
the point of intersection of two or more streets and which the interior
angle formed by the extensions of the street lines in the direction
which they take at their intersections with lot lines other than street
lines, forms an angle of 135 degrees or less. In the event that any
street line is a curve at its point of intersection with a lot line
other than street line, the tangent to the curve at that point shall
be considered the direction of the street line.
Interior lot.
A lot other than a corner lot with frontage only on one street.
Through lot.
A lot other than a corner lot with frontage on more than
one street. Through lots with frontage on two streets may be referred
to as "double-frontage" lots.
Cul-de-sac lot.
A lot which is basically triangular in shape and has a front
lot line contiguous with the outer radius of a curve. Such lots shall
have a minimum frontage as specified in the particular district. The
calculation of lot width shall be made by measuring width at the midpoints
of side lot lines.
Lot, double-frontage.
A lot that has frontage on two parallel or approximately
parallel streets.
The perpendicular distance measured between the midpoints
of the two principal opposite side lot lines and generally at approximately
right angles to the lot depth. For the purposes of width of lot measurements
on corner lots, the longest street lot line may be assumed to be a
side lot line.
Minimizing or eliminating pollutants in stormwater through
natural processes and maintaining pre-development hydrologic characteristics,
such as flow patterns, surface retention, and recharge rates.
Areas that are part of a contiguous area one acre or larger
in size comprised of grass, meadow, crop-lands, or areas of open soils
located within 300 feet of a surface stream (low structure vegetation
areas may include areas of shrub vegetation less than one acre in
size if they are contiguous with areas of grass, meadow, crop-lands,
orchards, Christmas tree farms, holly farms, or areas of open soils
located within 300 feet of a surface stream and together form an area
of one acre in size or larger).
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.
A main entrance is the entrance to a building that most pedestrians
are expected to use. Generally, each building has one main entrance.
Main entrances are the widest entrance of those provided for use by
pedestrians. In multi-tenant buildings, main entrances open directly
into the building's lobby or principal interior ground level circulation
space. When a multi-tenant building does not have a lobby or common
interior circulation space, each tenant's outside entrance is a main
entrance. In single-tenant buildings, main entrances open directly
into lobby, reception, or sales areas.
For the purposes of Section 16.44.020, emergency or routine repairs or replacement of transmitters, antennas, or other components of previously approved wireless communication facilities which do not create a substantial change in the physical dimensions.
Transit centers and major bus stops that are identified as
part of the regional transit system, as depicted in the Happy Valley
Transportation System Plan (TSP) Transit Plan.
The driving area in a parking lot where motor vehicles are
able to turn around and access parking or loading spaces.
Any place where four or more manufactured homes are located
within 500 feet of one another on a lot, tract or parcel of land under
the same ownership, the primary purpose of which is to rent or lease
space or keep space for rent or lease to any person for a charge or
fee paid or to be paid for the rental or lease or use of facilities
or to offer space free in connection with securing the trade or patronage
of such person. "Manufactured dwelling park" does not include a lot
or lots located within an approved subdivision being rented or leased
for occupancy by no more than one manufactured dwelling per lot. See
also ORS Chapter 446.
A dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process. A manufactured home is a mobile home constructed in accordance with Federal manufactured housing construction and safety standards (HUD Code) in effect after June 15, 1976. NOTE: A mobile home that was not constructed in accordance with Federal manufactured housing construction and safety standards (HUD Code), in effect after June 15, 1976 is a "residential trailer." (See definition of "mobile home" and Chapter 16.44, Special Standards for Certain Uses.)
Any awning, portable, demountable or permanent cabana, carport,
porch, skirting or steps established for use of the occupant of the
manufactured home and which are designed or intended to be attached
to and which depend, in whole or in part, upon the manufactured home
for structural support.
The plant Cannabis family Cannabaceae, any part of the plant
Cannabis family Cannabaceae, and the seeds of the plant Cannabis family
Cannabaceae. Marijuana does not include industrial hemp as defined
in Oregon Revised Statutes 571.300.
Marijuana, cannabinoid products, cannabinoid concentrates,
and cannabinoid extracts.
The processing, compounding, or conversion of marijuana into
cannabinoid products, cannabinoid concentrates, or cannabinoid extracts,
provided that the marijuana processor is licensed by the Oregon Liquor
Control Commission or registered with the Oregon Health Authority.
The manufacture, planting, cultivation, growing, trimming,
harvesting, or drying of marijuana, provided that the marijuana producer
is licensed by the Oregon Liquor Control Commission, or registered
with the Oregon Health Authority and a "person designated to produce
marijuana by a registry identification cardholder."
The sale of marijuana items to a consumer, provided that
the marijuana retailer is licensed by the Oregon Liquor Control Commission
or registered with the Oregon Health Authority.
The purchase of marijuana items for resale to a person other
than a consumer, provided that the marijuana wholesaler is licensed
by the Oregon Liquor Control Commission.
A projecting, permanent, roofed structure attached to and
supported only by a building.
A plan for a defined geographic area in single or multiple
ownership that is consistent with the Comprehensive Plan and includes,
but is not limited to, a land use plan, a circulation plan, an open
space plan, a utilities plan and a program of implementation measures
and other mechanisms needed to carry out the plan. The plan shall
be created through the master plan process outlined in this Land Development
Code.
An inpatient hospital and supporting emergency outpatient
and related ancillary services to the sick and infirm, which is usually
developed in a campus setting. Accessory uses may include diagnostic
and treatment facilities; laboratories and surgical suites; kitchen/food
service facilities; laundry, housekeeping and maintenance facilities;
short-term lodging for patients and families; administrative offices
and parking. Medical centers may also include freestanding offices
for hospital-based and/or private-practice physicians and other allied
health care professionals.
Means duplexes, triplexes, quadplexes, cottage clusters and
townhouses.
A unit of land created from the division of a middle housing
parent lot through a middle housing land division.
A partition or subdivision of a lot or parcel on which the
development of middle housing is allowed under ORS 197.758(2) and
the partition or subdivision is processed in accordance with the provisions
of ORS Chapter 92 and LDC 16.61.070. The lot or parcel that is the
subject of the land division is referred to as the middle housing
parent lot; a lot created by the division is referred to as a middle
housing child lot.
A lot or parcel that is developed, or proposed to be developed,
with middle housing, and which may therefore be further divided through
a middle housing land division to create middle housing child lots.
The reduction of adverse effects of a proposed project by
considering in this order: (1) avoiding the impact all together by
not taking a certain action or parts of an action; (2) minimizing
impacts by limiting the degree or magnitude of the action and its
implementation; (3) rectifying the impact by repairing, rehabilitating
or restoring the affected environment; (4) reducing or eliminating
the impact over time by preservation and maintenance operations during
the life of the action by monitoring and taking appropriate measures;
and (5) compensating for the impact by replacing or providing comparable
substitute resource areas (e.g., water quality resource areas or habitat
conservation areas).
An area designed to encourage a diversity of compatible and
supporting land uses which may include a mixture of residential, retail,
commercial, office or other miscellaneous uses.
A building supporting land uses which includes a mixture
of residential, retail, commercial, office or other miscellaneous
uses.
Per Oregon Administrative Rule 333-150-0000, "mobile food
unit" means any vehicle that is self-propelled or that can be pulled
or pushed down a sidewalk, street, highway or waterway, on which food
is prepared, processed or converted or which is used in selling and
dispensing food to the ultimate consumer. Also referred to as a "food
cart."
A dwelling unit constructed off of the site and which is
not constructed to the standards of the Uniform Building Code. Mobile
homes include residential trailers and manufactured homes.
Two or more mobile homes that are located on a single site
for 30 days or more and intended for residential use. Mobile home
park does not include sites where unoccupied mobile homes are offered
for sale or lease. See also "recreational vehicle park."
The area occupied by a mobile home and its accessory uses
and structures in a mobile home park.
See "prefabricated house or assembly."
A structure constructed as and intended to be occupied as
a residential dwelling unit that is temporarily used as an example
of the type of residential dwelling units to be constructed in a subdivision,
is open to the public for that purpose and may include a real estate
sales office. A model home is a temporary nonresidential use and may
not be used as a real estate sales office except in conjunction with
the sale of lots and homes in the residential subdivision in which
it is located.
For the purposes of Section 16.44.020, a change or alteration to an existing wireless communications facility or collocation on a base station, including, but not limited to, the addition, removal and/or replacement of antennas and/or auxiliary support equipment.
Motor home includes motorized vehicles designed for human
occupancy on an intermittent basis. A camper is considered a motor
home when it is on the back of a pick-up or truck. Motor homes are
regulated as trucks unless the regulations specifically indicate otherwise.
See also "truck."
Vehicles that have their own motive power and that are used
for the transportation of people or goods on streets. Motor vehicle
includes motorcycles, passenger vehicles, trucks, and recreational
vehicles, except all terrain vehicles, off-road vehicles, snow mobiles,
and similar vehicles that are not allowed on streets.
For the purposes of Section 16.42.070, the vertical distance between the roadway surface and the center of the apparent light source of the luminaire.
An eight to 10 foot wide improved, all-weather surface pathway
that is utilized for pedestrian and bicycle traffic. Multi-use paths
are typically located within public easements or rights-of-way, and
may include the installation of removable bollards to prevent use
by unauthorized motor vehicles. Private multi-use paths are required
to be maintained by a homeowner's association or equivalent maintenance
organization.
Any vegetation native to the Portland metropolitan area,
listed on the Native Plants section of the City of Happy Valley Plant
List (Appendix A).
An area of and improved, preserved and maintained as a native
ecosystem for the benefit of natural systems and fish and wildlife
habitat.
Natural areas that can cause dangerous or difficult development
situations. For example, natural hazard areas include steep slopes,
unstable soils, and areas prone to landslides, floodways and floodplains.
Wood, stone, brick and rock or any combination thereof.
Those significant natural riparian, wildlife, and wetland resources and water quality resources that are protected by the Natural Resources Overlay Zone (see Chapter 16.34).
A residential area usually having distinguishing character
or geography.
Those unique attributes including, but not limited to, architecture,
historical and cultural features, development patterns, landscape,
hardscape and the size, scale and spacing of buildings and other structures
that define a neighborhood's identity.
One acre of developable land, as calculated pursuant to Section 16.63.020(F), density calculations.
An element of a development, such as a setback, height, or parking area, that was created in conformance with development regulations but which subsequently, due to a change in the zone or zoning regulations, is no longer in conformance with the current applicable development standards. See Chapter 16.72, Nonconforming Uses and Developments.
A residential use that is an allowed use in the zone and that was constructed at a lawful density, but which subsequently, due to a change in the zone or zoning regulations, now has greater density than is allowed in the zone. See Chapter 16.72 Nonconforming Uses and Developments.
A Nonconforming Residential Density, Nonconforming Development, or Nonconforming Use. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. See also "nonconforming residential density," "nonconforming development," and "nonconforming use." See Chapter 16.72, Nonconforming Uses and Developments.
A use that was allowed by right when established or a use that obtained a required land use approval when established, but that subsequently, due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See Chapter 16.72, Nonconforming Uses and Developments.
Plants which are listed in the Nuisance and Prohibited Plants
sections of the Happy Valley Plant List (Appendix A).
Oregon Department of Fish and Wildlife construction guidelines
for building roads, bridges and culverts or any transportation structure
within a waterway.
Any area not located within the property to be developed,
whether or not in the common ownership of the applicant for development
approval.
All off-street areas designed, used, required or intended to be used for the parking of motor vehicles. See Chapter 16.43 for parking standards.
Parking in the street right-of-way, typically in parking lanes or bays. Parking may be parallel or angled in relation to the edge of the right-of-way or curb. See Chapter 16.43 for parking standards.
Land that is undeveloped and that is planned to remain so.
The term encompasses parks, forests and farmland. It may also refer
only to land zoned as being available to the public, including playgrounds,
watershed preserves and parks or to those lands within a subdivision
or PUD, or separate from all other properties which have been dedicated
in common to the ownership within the subdivision/PUD or to the public
specifically for the purpose of providing places for fish and wildlife
habitat preservation, scenic and/or recreational uses.
An area around a tree that must be protected to ensure that
the tree is not physically damaged, and that the roots are protected.
Defined in OAR 141-82-005 means the line on the bank or shore
to which water ordinarily rises in season; synonymous with mean high
water (ORS 274.005).
Defined in OAR 141-82-005 means the line on the bank or shore
to which water ordinarily recedes in season; synonymous with mean
low water (ORS 274.005).
To cause to face toward a particular point of reference (e.g.,
"a building oriented to the street").
For the purposes of Section 16.44.020, a lawfully placed utility structure located in the right-of-way as of the effective date of the right-of-way use agreement between the owner and the City.
A use supporting a commercial activity that provides goods
or services, either wholesale or retail, where the amount of site
area used for outdoor storage of materials or display of merchandise
exceeds the total floor area of all buildings on the site. Examples
of outdoor commercial uses include automobile sales or services, nurseries,
lumber yards and equipment rental businesses.
An outdoor or semi-outdoor area designed to provide a more
pleasant and healthful environment for the occupants of a dwelling
unit and the neighborhood in which such dwelling unit is located.
It includes natural ground areas, gardens, landscaped areas, balconies,
porches, patios, terraces, verandas, outdoor swimming pools, play
areas, tennis courts, walkways and ties. Outdoor living areas do not
include accessways, parking and loading areas, strips between buildings
less than 10 feet in width, storage areas, and other areas not usable
for outdoor activities.
Overlay zones impose and/or relax requirements of an underlying
land use district, or base zone, where characteristics of the land
or neighborhood, or the types of development planned for an area,
require special regulations.
The owner of the title to real property or the contract purchaser
of real property of record, as shown on the latest assessment records
in the Office of the County Assessor. Owner also includes a deed holder
or contract purchaser whose name does not appear in the latest assessment
records, but who presents to the City a copy of a deed or contract
of sale showing date, book, and page of recording.
An ownership is one or more contiguous lots that are owned
by the same person, partnership, association, or corporation. Ownership
also includes lots that are in common ownership but are separated
by a right-of-way. See also "lot" and "site."
A legally defined area of land created through a partition.
See "lot."
A parking area is all the area devoted to the standing, maneuvering,
and circulation of motor vehicles. Parking areas do not include driveways
or areas devoted exclusively to non-passenger loading. See also "driveway,"
"garage," "structured parking," and "vehicle areas."
The boundary of a parking lot area that usually contains
a landscaped buffer area.
A permanently maintained space designed to provide standing area for a motor vehicle pursuant to the applicable parking standards (see Chapter 16.43, Parking and Loading).
To divide an area or tract of land into two or three parcels
within a calendar year when such area or tract of land exists as a
unit or contiguous units of land under single ownership at the beginning
of such year. (See ORS 92. 010(8).)
A motor vehicle designed to carry ten persons or less including the driver. Passenger vehicles are passenger cars and multipurpose passenger vehicles as defined by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3. See also "recreational vehicle" and "truck."
An uncovered, hard-surfaced area or an area covered with
a perforated hard surface (such as porous concrete or pavers) that
is able to withstand vehicular traffic or other heavy-impact uses.
Graveled areas are not paved areas but are typically impervious.
The maximum surface water runoff rate in cubic feet per second
(cfs) determined for the design storm frequency.
Areas and objects that serve as places for public socializing and enjoyment and are usually closed to motorized vehicles. Examples include plazas, building frontage areas (extra-wide sidewalks), street furnishings (e.g., benches, drinking fountains, bus waiting shelters), and pocket parks adjacent to a street, and similar areas and objects. Sidewalks designed to meet the minimum sidewalk width standards under Chapter 16.41 are not "amenities" for the purpose of this title.
A path that is utilized primarily for pedestrian access.
(See Section 16.50.030(B)(8)(d).)
A sign that is a triangular flag which is tapered to a point
or swallowtail.
All primary and secondary perennial waterways mapped by the
U.S. Geological Survey.
Any individual, firm, partnership, joint venture, association,
corporation, limited liability company (LLC), syndicate, this and
any other County, City and County, City, municipality, district or
other political subdivision, or any other group or combination acting
as a unit.
The partial development of any lands through the procedures
contained in Section 16.62.040(D) or 16.63.040(E).
See Section 16.63.130 of this title. The development of a parcel or contiguous parcels or portions of such parcel or contiguous parcels, as individually subdivided lots; as an unsubdivided multiple unit development; or the clustering of units or lots where these methods allow a degree of latitude in the overall land use density and/or individual lot sizes for the preservation or enhancement of open space (or greenway), natural features and the objectives identified in Section 16.63.130.
The Planning Official of the City of Happy Valley or the
Planning Official's designee.
A landscaped area of land generally located within the public
right-of-way, between the street curb and the sidewalk.
A map, either preliminary or final, which includes diagrams, drawings and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division. This term includes the State law definitions of "partition plat" and "subdivision plat." See also Chapter 16.63, Land Divisions and Property Line Adjustments.
An area generally open to the public on a controlled basis
and used for passive recreational activities and relaxation. Plazas
are paved areas typically provided with amenities, such as seating,
drinking and ornamental fountains, art, trees, and landscaping for
use by pedestrians. See also "pedestrian amenities."
Reestablishing groundcover or landscaping prior to the removal
of temporary erosion control measures.
Available and capable of being done after taking into consideration
cost, existing technology and logistics in light of the overall project
purpose and probable impact on ecological functions. In regard to
Habitat Conservation Areas (HCAs) the practicability of a development
option shall include consideration of the type of HCA that will be
affected by the proposed development. For example, High HCAs have
been so designated because they are areas that have been identified
as having lower urban development value and higher-valued habitat,
so it should be more difficult to show that alternative development
options that avoid the habitat are not practicable. On the other hand,
Low HCAs have been so designated because they are areas that have
been identified as having higher urban development value and lower-valued
habitat, so it should be less difficult to show that alternative development
options that avoid the habitat are not practicable.
A house, portion of a house or structural unit, the integral
parts of which have been built up or assembled prior to incorporation
in the building or structure. These factory-built or modular units
are designed and constructed to satisfy all provisions of the Uniform
Building Code and other related codes.
A clearly legible and approximate drawing of the proposed
layout of streets, blocks, lots and other elements of a subdivision
or partition which shall help furnish a basis for the Planning Commission's
approval or disapproval of the general layout of the subdivision.
For the purpose of this title the terms "preliminary" and "tentative,"
as used with state law, shall by synonymous, as will "plat" and "plan."
A lot or number of lots on which are situated a business,
or a building or group of buildings designed as a unit.
A structure or combination of structures of chief importance
or function on a site. In general, the primary use of the site is
carried out in a primary structure. The difference between a primary
and accessory structure is determined by comparing the size, placement,
similarity of design, use of common building materials, and the orientation
of the structures on a site.
An activity or combination of activities of chief importance
on the site. One of the main purposes for which the land or structures
are intended, designed, or ordinarily used. A site may have more than
one primary use.
An existing or proposed use or development.
The property lines along the edge of a lot or site. See "lot
line" (front, rear, interior side).
Wetlands, rivers, natural lakes, streams, creeks, springs,
and drainages.
As defined by the Oregon Health Authority.
The processing, compounding, or conversion of psilocybin
into products, concentrates, or extracts, provided that the psilocybin
processor licensed or registered by the Oregon Liquor Control Commission
and the Oregon Health Authority as required.
The manufacture, extracting, planting, cultivation, growing,
trimming, harvesting, or drying of psilocybin, provided that the psilocybin
producer is licensed or registered by the Oregon Liquor Control Commission
and the Oregon Health Authority as required.
A premises licensed under ORS 475A.305.
The purchase of psilocybin items for resale to a person other
than a consumer, provided that the psilocybin wholesaler is licensed
or registered by the Oregon Liquor Control Commission and the Oregon
Health Authority as required.
A public access easement is an easement granted to the public
for all the purposes for which a public sidewalk may be used, including
but not limited to, pedestrian and bicycle travel.
A building or use, such as a church, school, auditorium,
meeting hall, hospital, stadium, library, art gallery, museum, fire
station or utility substation or use such as a park or playground
or community center, owned or operated by a religious, fraternal,
charitable or other nonprofit organization; a public utility; or any
governmental agency.
Development of public infrastructure, as required by the City, County, Special District, or Road Authority, as applicable. See Chapter 16.50.
A facility necessary to respond to an immediate hazard to the public health and safety, and that is owned, leased, or operated by the City of Happy Valley or other public agency or private utility. Public safety facilities include fire and police stations, flood control facilities, water towers and pump stations needed for emergency service, and emergency communication broadcast facilities. For the purposes of Section 16.44.020, public safety communication facilities are temporary wireless communications facilities that are deployed for emergency purposes and that will remain in use no longer than is needed to provide emergency service.
An individual who has proven expertise and vocational experience
in a given field (e.g., natural resource biologist, geotechnical engineers,
traffic engineers, etc.).
An action or decision that requires substantial discretion or judgment in applying the standards or criteria of this Code to the facts of a development proposal, and usually involves a public hearing. See Chapter 16.61 (Type III Review).
A public or private right-of-way, for the purpose of allowing
rail travel.
Creeks, streams, rivers, lakes, ponds and other bodies of
water into which surface waters are directed, either naturally or
in manmade ditches or open systems.
An area of land that is improved to create the opportunity
for passive or active recreational activities. Passive recreational
activities include but are not limited to walking, jogging, hiking,
biking and picnicking. Active recreational activities include but
are not limited to basketball, baseball, soccer, volleyball, tennis,
use of playground equipment and other sports.
A commercial use providing space and facilities for motor
homes or other recreational vehicles for recreational use or transient
lodging. There is no minimum required stay in a recreational vehicle
park. Uses where unoccupied recreational vehicles are offered for
sale or lease, or are stored, are not included as Recreational Vehicle
Parks. See also "mobile home park."
A pond, swale or underground system engineered to detain
stormwater from more than one development according to the rules and
regulations of the City and Clackamas County Water Environment Services.
A 10 to 15 foot wide improved, all-weather surface pathway
that is utilized for pedestrian and bicycle traffic. Regional trails
are typically located within public easements or rights-of-way, and
may include the installation of removable bollards to prevent use
by unauthorized motorized vehicles. Regional trails are required to
be maintained by the local municipality or some circumstances, may
be maintained by a homeowner's association or equivalent maintenance
organization.
"Licensed" means registered or certified. "Registration"
means the document a family childcare or disabled adult daycare provider
as issued by the state of Oregon to operate a family child care or
disabled adult daycare home where care is provided in the family living
quarters of the provider's home pursuant to ORS 329A.330 and OAR 414-205-0000
through 414-205-0170. Registration is limited to one provider at one
address. "Certificate" means the document that is issued by the state
of Oregon.
To cut down a tree, remove the crown or top of the tree,
or to damage a tree so as to cause the tree to decline and/or die.
"Removal" includes, but is not limited to, damage inflicted upon the
root system by the application of toxic substances, the operation
of equipment and vehicles, storage of materials, change of natural
grade due to unapproved excavation or filling, or by the unapproved
alteration of natural physical conditions. "Removal" does not include
normal trimming or pruning of trees, but does include topping of trees.
A written proposal to restore the distinctive and historically
authentic architectural, historical, or cultural character of a historic
resource while retaining or establishing the possibility for efficient,
contemporary use.
For the purposes of Section 16.44.020, a utility structure that replaces a lawfully existing utility structure or support structure to accommodate wireless communication facilities and does not result in an increase in the total number of utility, guy, or support poles in the right-of-way or on private property.
Same as "dwelling."
A residence for six to 15 physically or mentally disabled
persons, and for staff persons. The facility may provide residential
care alone, or in conjunction with training or treatment. This definition
includes the State definition of Residential Facility. Residential
facilities may also include nursing homes, convalescent homes, and
extended care facilities.
A residence for five or fewer physically or mentally disabled
persons, and for staff persons. The residence may provide residential
care alone, or in conjunction with training or treatment. This definition
includes the State definition of residential home.
A mobile home that was not constructed in accordance with
Federal manufactured housing construction and safety standards (HUD
Code), in effect after June 15, 1976. This definition includes the
State definitions of residential trailers and mobile houses, as stated
in Oregon Revised Statutes (ORS) 446.
A restaurant where meals are principally served and eaten
on premises, but services may also include take-out and food delivery.
A restaurant where food service is partially or principally
provided via a drive-through window.
The replacement of vegetation which was existing on any site
prior to any work done and displayed by such work. Revegetation may
be done by seeding the prepared ground surface or the actual planting
of healthy seedlings, saplings or other vegetation of a quality which
is equal to or in excess of the quality of the displaced vegetation.
The person or group that is assigned to make decisions on
land use reviews, whether initially or on appeal. Review bodies in
the City of Happy Valley include the Planning Official, Hearings Officer,
Planning Commission, Design Review Board and the City Council.
The top of a roof at its highest elevation.
An area that allows for the passage of people or vehicles.
Right-of-way includes passageways such as freeways, pedestrian connections,
alleys, and all streets. A right-of-way may be dedicated or deeded
to the public for public use and under the control of a public agency,
or it may be privately owned. A right-of-way that is not dedicated
or deeded to the public will be in a tract. Right-of-way also includes
the space upon, above, below, in, along, across, over, or under public
streets, roads, highways, lanes, courts, ways, alleys, boulevards,
bridges, trails, paths, sidewalks, bicycle lanes, and all other public
ways or areas, including the subsurface under and air space over these
areas, but does not include parks, parkland, or city owned property
not generally open to the public for travel. This definition applies
only to the extent of the City's right, title, and interest in the
property and its authority to grant a license, permit, or other permission
to use and occupy the property.
Those areas associated with streams, lakes and wetlands where
vegetation communities are predominantly influenced by their association
with water.
The vegetated area adjacent to (and including) streams, lakes,
rivers, and other watercourses.
Roadway.
The portion of a right-of-way that is improved for motor
vehicle travel. Roadway includes vehicle travel lanes and on-street
parking areas. Roadway does not include area devoted to curbs, parking
strips, or sidewalks.
Road Authority.
The City or other agency (e.g., Oregon Department of Transportation,
Clackamas County, a special purpose district, or other agency) with
jurisdiction over a road or street.
The slope of a roof, usually described as ratio (e.g., one
foot of rise per two feet of horizontal distance).
A single-family dwelling, accessory dwelling unit (ADU) or
either unit of a two-family dwelling (duplex), which is rented for
a valuable consideration or wherein rooms with or without cooking
facilities are rented for a valuable consideration to or occupied
between more than two and up to five or more natural persons unrelated
by blood, marriage or legal adoption to the owner or operator of the
house. Foster children placed in a lawful foster family home, a community
residential home with six or fewer residents, a nursing home, or a
residential care facility shall not be considered a rooming house.
Temporary gratuitous guests as used herein shall refer to natural
persons occasionally visiting the single-family house for a short
period of time not to exceed 30 days within a 90 day period.
Activities directed at preserving an existing allowed use
or facility, without expanding the development footprint or site use.
For the purposes of Section 16.44.020, to effectively obscure the view of the base of a wireless communication facility and its auxiliary support equipment.
A business that provides individual storage spaces for customers
to store personal or business goods. "Self-service storage" includes
"mini-storage" and "mini-warehouse."
Includes independent care and assisted care facilities for
the elderly, but excludes nursing homes, convalescent care and institutional
type living arrangements unless part of a congregate/assisted-living
facility complex, and the congregate care portion does not make up
more than 25% of the total gross area of the facility. Senior housing
is allowed in multifamily zoning districts, and can consist of a combination
of apartments, rowhouses and other types of housing units. Units may
be connected to each other by hallways or breezeways.
The minimum or maximum distance required between a specified
object, such as a building, and another point, measured from lot lines
to a specified object. Typically, a setback refers to the minimum
distance (yard dimension) from a building to a specified property
line. Setbacks are measured along a horizontal plane as the shortest
distance between the lot line and the closest portion of the structure's
foundation. A foundation survey in all development districts may be
required at the discretion of the City.
A plan for future development shown on a master plan indicating
where future buildings and lot divisions can be placed to ensure efficient
development and redevelopment of larger parcels.
When land uses on two or more lots or parcels share one driveway.
An easement or tract (owned in common) must be created and recorded
for this purpose.
Required parking facilities for two or more uses, structures, or lots or parcels, which are satisfied jointly with the same facilities. See Chapter 16.43.
A driveway in a commercial development that is designed to
mimic a public street with sidewalks, tree wells, pedestrian lighting,
and street furnishings. A shopping street may also have on-street
parking.
Renting of a dwelling unit (in full or in part) or accessory
dwelling unit for purposes of short-term rental income. Commonly referred
to as "AirBnB" (or similar).
A surfaced strip of land, legally accessible to the public,
or a large segment of the public, improved to accommodate pedestrian
traffic.
The unobstructed viewing distance measured from one object
or location to another object or location, usually required the purpose
of traffic safety.
Any outdoor device, or device visible from outdoors, displaying a message, emblem, figure, painting, drawing, placard, poster, billboard, carving or other thing that is designed, used or intended to convey a message or image and is used to inform or attract the attention of the public. Included in this definition of signs are graphic devices such as logos, trademarks, and attention attracting objects such as wind-driven spinners and portable sign devices, logo sculpture and banners, balloons, streamers, strobe lights, flags, inflatable structures, projected picture signs, holographic projection signs, laser projected designs/images/copy and other attention attracting media and devices. However, the term "sign" shall not include the flag, emblem or insignia owned and maintained by a nation, government unit, school or religious group, except as such emblems shall conform to illumination standards set forth in Chapter 16.45. The term includes the sign structure, display surface and all other component parts of a sign; when dimensions of a sign are specified, the term includes panels and frames; and the term includes both sides of a sign of specified dimensions or display surface area.
A double-faced portable sign constructed with an A-shaped
frame, composed of two sign boards attached at the top and separated
at the bottom, and not supported by a structure in the ground.
A sign or display, or part of a sign or display, that changes
position or light intensity by any movement or rotation or that gives
the visual impression of such movement or rotation.
A type of wall sign painted or printed on, or attached flat
against the surface of the non-rigid materials of an awning.
An inflatable, stationary, temporary sign of any shape anchored
by some means to a structure or the ground. It includes simple children's
balloons, hot and cold air balloons, helium filled balloons, blimps,
and other dirigibles.
A temporary sign made of nonrigid material without an enclosing
framework. For the purposes of this chapter, advertisement flags are
to be considered banners. National flags, flags of political subdivisions
and symbolic flags of an institution, group or a business are excluded.
A large format sign advertising displays intended for viewing
from extended distances, generally more than 50 feet, with a display
surface area of 200 square feet or more.
A type of wall sign painted or printed on, or attached to
the canopy fascia.
A temporary sign displayed on the premises on which construction
is taking place, during the period of such construction.
A temporary sign displayed in conjunction with a construction
project for public streets, public waterlines, public sewer lines
and pump stations, public storm drain lines and other similar public
facilities.
A permanent sign designed and erected to guide the circulation
of vehicles or pedestrians or both which are on the site.
A permanent informational sign designed and erected to list
the businesses, business occupants or tenants within buildings on
the site and to be read by passengers of vehicles or pedestrians or
both which are on the site.
A sign or sign structure in which electrical wiring, connections,
or fixtures are used.
A permanent sign designed and erected to show the location
of vehicular access onto or off of a location from or to the public
right-of-way.
A string of ribbons, tinsel, small flags, lights, pennants,
streamers, pinwheels or similar signs.
A sign which is supported by a pole or poles or columns and
partly by a building.
Any directly or indirectly illuminated sign exhibiting changing
natural or artificial light or color effects by any means whatsoever.
This includes illuminated signs exhibiting the illusion of movement
by means of a preprogrammed repetitious sequential switching action
in which illuminated elements of the sign and are turned on or off
to visually simulate the impression of motion characteristic of chasing,
running, blinking, oscillating, twinkling, scintillating, or expanding
and contracting light patterns.
A sign supported from the ground by its own structure and
not attached to a building.
A sign which is erected, constructed, altered, relocated,
maintained or repaired in violation of any of the provisions of this
chapter.
A sign with an artificial light source incorporated internally
or externally for the purpose of lighting the sign. The following
are types of sign illumination:
"Direct"
means lighting where-in the light source is visible.
"Fluorescent tube"
means lighting wherein an electrical current is passed through
a gas-filled tube, with a coating of fluorescent material on its inner
surface, which emits visible light.
"Incandescent bulb"
means lighting wherein an electrical current is passed through
a filament inside a bulb and the filament emits visible light. The
filament source of light may be visible as in clear bulb or bare bulb
illumination or it may not be visible as in frosted or painted bulb
lighting.
"Indirect"
means lighting wherein the light source is separate from
the object to be illuminated, including but not limited to a sign
face or cabinet, and is directed to shine on the object or sign.
"Internal"
means a lighting wherein the light source and the bulb or
tube enclosing the light source are enclosed within a structure, including
but not limited to a sign and are not visible.
"Neon"
means lighting where-in an electrical current is passed through
a tube containing neon gas which emits visible light.
A sign identifying or advertising associated goods, products,
services or facilities available on the premises, including but not
limited to, trading stamps, credit cards accepted, brand names or
price signs.
A temporary, freestanding or A-frame sign.
A type of wall sign painted, printed on, or attached to the
marquee fascia.
A ground-level sign not mounted on a pole or structure. This
sign is permanently affixed at grade and has a monolithic or columnar
line and maintains essentially the same contour from grade to top.
A sign lawfully erected and existing, and properly maintained and repaired prior to the adoption of this Code and Chapter 16.45, but which does not meet the requirements of this chapter.
A sign that calls attention to a business or other activity
or a profession, commodity, product, service or entertainment no longer
carried on, produced, sold or offered.
A sign, including its supports and structure, which interferes
with the use of a fire escape, exit or a window such that light, ventilation
or ingress and egress is reduced below the minimum required by law.
A sign which identifies or gives directions to a use or activity
and which is located on premises other than where the activity or
use is provided.
A sign projecting more than one foot from the wall of a building.
A sign erected and maintained by a special purpose district,
public school district, municipal, County, State or Federal government,
or any political subdivision or agency thereof.
A sign no greater than 24 square feet in size on which copy
can be changed electronically by using patterns of lights that may
be changed at intermittent intervals or can be changed manually, in
the field, using letters, numbers or symbols which can be affixed
to the sign face.
A sign erected or maintained wholly upon or over the roof
of any building with the principal support on the roof structure.
A rigid sign hanging from an awning, canopy, marquee or building
overhang or attached to a wall and perpendicular to that wall.
A sign located on land in a recorded subdivision approved
through the City of Happy Valley subdivision review process.
A sign that will become obsolete after the occurrence of
an event or series of events. Temporary signs include, but are not
limited to, for sale and lease signs, garage sale signs and political
campaign signs. Temporary signs are not permanently attached to the
ground (set on or post driven or dug into the ground with no footing
or foundation), wall or building.
A sign or device used as an official route marker, guide
sign, warning sign or sign directing or regulating traffic or pedestrians
which has been erected by or under order of the City of Happy Valley,
the State or Federal governments.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
The distance from the grade directly below a sign to the
bottom of the lowest portion of the sign.
A person engaged in the business of sign construction, sign
maintenance or sign repair and registered with the Oregon Construction
Contractors Board.
The total of display surface area visible from one side of
a sign.
The portion of a sign containing copy and the background
for the copy.
Normal care needed to keep a sign functional such as cleaning,
painting, oiling and changing bulbs and tubes.
Planning Official or designee.
One or more supports, uprights, braces, or other framework
of a sign.
A wetland mapped on the City local wetlands inventory.
For land divisions, property line adjustments, and lot consolidations,
the site is the lots, lots of record, parcels, or tracts proposed
to be divided or reconfigured. For all other purposes, the site is
an ownership except as follows:
If a proposed development includes multiple ownerships, then
the site is the combined area of all the ownerships.
If a proposed development includes only a portion of an ownership,
and the balance of the ownership is vacant, then the applicant may
choose to define the site as the portion of the ownership that is
proposed for development.
If a proposed development includes only a portion of an ownership,
and there is other development on the ownership, then the applicant
may choose to define the site as the portion of the ownership that
is currently developed plus the portion proposed for development.
The part of a site that abuts a street. See also "block frontage."
For the purposes of Section 16.44.020, the location, construction, collocation, modification, or installation of a wireless communication 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.
The "slope" of a lot is calculated pursuant to Chapter 16.32.
A collection of functionally related small cell facilities
designed to deliver wireless communication service. The small cell
facilities in a small cell network may be located on one or more utility
structures or support structures within and/or outside of the public
right-of-way.
As defined by the Federal Communications Commission (CFR
1.1312.e.2), facilities that meet the following conditions:
The facilities are mounted on structures 50 feet or less in
height including their antennas (as defined in CFR 1.1320.d);
The facilities are mounted on structures no more than 10% taller
than other adjacent structures;
The facilities do not extend existing structures on which they
are located to a height of more than 50 feet or by more than 10%,
whichever is greater;
Each antenna associated with the deployment, excluding associated
antenna equipment is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under Part 17 of 47 CFR; and
The facilities do not result in human exposure to radio-frequency
radiation in excess of applicable safety standards specified in CFR
1.2307.b.
A facility, including, but not limited to, antennas, support
towers, and ancillary support equipment that, to the extent feasible,
are screened or otherwise designed such that the facility blends in
with the surrounding area and visual impacts from nearby streets or
properties are minimized. In the case of a modification, the change
or alteration does not result in a substantial change to the physical
dimensions of a support structure. In the case of a support tower
or monopole, "stealth technology" also means a facility that is designed
and installed with specific features that render it visually similar
to nearby objects such as trees, flag poles, or utility poles.
Slopes that are equal to or greater than 15%. (See Chapter 16.32.)
The character expressed by buildings placed close to the
street with ground-floor display windows, weather protection (e.g.,
awnings or canopies), corner building entrances or recessed entries,
and similar features.
A pond, swale or underground systems engineered to detain
stormwater from the proposed development according to the rules and
regulations of the City and Clackamas County Water Environment Services.
A stormwater facility (e.g., conveyance, detention/retention,
treatment system or outfall) intended to control and manage stormwater
to minimize the detrimental effects of surface water runoff.
Any structure or drainageway that is designed, constructed
and maintained to collect and filter, retain or detain surface water
runoff during and after a storm event for the purpose of water quality
improvement.
The portion of a building included between the upper surface
of any floor and the upper surface of any floor next above, except
that the top story shall be that portion of a building included between
the upper surface of the top floor and the ceiling above. If the finished
floor level directly above a basement or cellar is more than five
feet above grade, such basement or cellar shall be considered a story.
An area where enough natural surface water flows to produce
a stream channel, such as a river or creek that carries flowing surface
water either intermittently or during most of the year. This includes:
The water itself, including any vegetation, aquatic life, or
habitat;
Beds and banks below the high water level which may contain
water, whether or not water is actually present;
The floodplain between the high water levels of connected side
channels;
Beaver ponds, oxbows, and side channels if they are connected
by surface flow to the stream during a portion of the year; and stream-associated
wetlands.
An area with evidence of perennial or seasonal water passage.
The depression between the banks worn by the regular and usual flow
of the water. The channel need not contain water year-round. This
definition does not include irrigation ditches, canals, storm or surface
water runoff devices, or other entirely artificial watercourses.
A public right-of-way or private tract that is intended for
motor vehicle, pedestrian and bicycle travel or for motor vehicle,
bicycle or pedestrian access to abutting property. It shall include
the terms street, highway, thoroughfare, parkway, throughway, road,
avenue, boulevard, lane, place and other such terms. Street types
include:
Major arterial.
A street which provides a connection between major traffic
generators and is primarily concerned with the movement of large volumes
of traffic within an urban area. Includes highways and other major
streets with limited or no direct access from adjoining properties.
Minor arterial.
A street which generally serves as a connection between streets
of both greater and lesser capacities traffic volumes. Minor arterials
may be constructed to structural standards which are below that of
a major arterial.
Collector road.
A street which provides connection between local street networks
and arterial streets. This type of street serves traffic within commercial,
industrial, and residential neighborhood areas.
Neighborhood street.
A street that is intended to provide direct access to abutting
residential properties and discourage through traffic movements not
related to the neighborhood in which the residential street is located.
Local street.
A street which provides minor traffic service.
Lane.
A street having two open ends not exceeding 1,500 feet in
length and being constructed to the same specifications as a cul-de-sac.
Alley.
An undedicated private right-of-way that provides vehicle
access to a lot or common parking area. Generally, alleys provide
secondary vehicle access; however, where vehicle access from the street
is not allowed, not possible, or not desirable the alley may provide
primary vehicle access.
Cul-de-sac.
A street having one end open to traffic and the other end
permanently terminated and provided with a vehicular turnaround at
the termination of such street.
Private street.
An undedicated private right-of-way providing access from
a public street to any property, except flag lots.
Dead-end street.
A street that connects to another street at only one end
and does not have a City-approved turnaround on its other end. A pedestrian
connection may extend from the end of a dead-end street to connect
with another street of any type, or with another pedestrian connection.
Expressed as the number of street and/or access way connections
within a specific geographic area. Higher levels of connectivity provide
for more direct transportation routes and better dispersion of traffic,
resulting in less traffic on individual streets and potentially slower
speeds through neighborhoods.
All the wall planes of a structure as seen from one side
or view that are at an angle of 45 degrees or less from a street lot
line.
A street parallel to and adjacent to arterial street providing
access to abutting properties and protection from the through traffic.
Benches, lighting, bicycle racks, drinking fountains, mail
boxes, kiosks, and similar pedestrian amenities; may be located within
a street furnishings zone or building front zone of a sidewalk or
in a plaza. See also "pedestrian amenities."
Any pole installed for the exclusive purpose of supporting
street lighting facilities.
A temporary street ending where the street will be extended
through adjacent property in the future, as those properties develop.
Not a permanent street-end or dead-end street.
A tree planted in the public right-of-way in a planter strip
or tree well between the street and sidewalk, or within a public utility
and street tree easement along public or private streets. Street trees
have a main trunk and are not allowed to have multiple stems.
Anything constructed or built, 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, including tennis courts
and other recreational facilities, but excluding fences and grade
level improvements such as pavement for driveways or concrete flatwork
such as patios.
The height of a structure, and the cumulative height of a
building with any appurtenant structures. (See definition of "building
height.")
To divide land into four or more lots within a single calendar year. See also Chapter 16.63, Land Divisions and Property Line Adjustments and ORS 92.010(13).
The parcel or parcels of land that are the subject of the
permit and/or approval action. (See "site.")
For the purposes of Section 16.44.020, a modification which meets one or more of the following criteria:
The modification would increase the existing height of a support
tower by more than 10%, or by the height of one additional antenna
array with separation from the nearest existing antenna not to exceed
20 feet, whichever is greater, or would increase the height of a base
station by more than 10 feet or 10%, whichever is greater, provided
the support tower or base station is located outside the right-of-way;
or
The modification would protrude from the edge of the support
tower more than 20 feet, or more than the width of the support tower
structure at the level of the appurtenance, whichever is greater,
and further provided the support tower is outside the right-of-way;
and for towers in the right-of-way and base stations, the modification
would increase the height more than 10% or six feet, whichever is
greater; or
The modification would involve the installation of more than
the standard number of new equipment cabinets for the technology involved,
not to exceed four; or for support towers in the right-of-way and
base stations, the modification involves installation of any new equipment
cabinets on the ground if there are no pre-existing ground cabinets
associated with the support tower or base station, or else involves
installation of ground cabinets that are more than 10% larger in height
or overall volume than any other ground cabinets associated with the
support tower or base station; or
The modification would involve excavation or deployment outside
the current site, defined, with respect to support towers other than
support towers in the right-of-way, as the current boundaries of the
leased or owned property surrounding the support tower and any access
or utility easements currently related to the site; with respect to
support towers in the right-of-way and base stations, site is restricted
to that area in proximity to the support tower, base station, or auxiliary
support equipment already deployed on the ground; or
A replacement structure; or
The modification would defeat the concealment elements of the
support tower or base station; or
The modification does not comply with conditions associated
with the siting approval of the construction or modification of the
support tower, base station, or base station equipment, provided that
this limitation does not apply to any modification that is non-compliant
only in a manner that would not exceed the thresholds identified in
subsections (1) through (4) of this definition.
The City Comprehensive Plan and implementing ordinances,
on the whole, conform with the purposes of the performance standards
in the functional plan and any failure to meet individual performance
standard requirements is technical or minor in nature.
The Sunrise Expressway is a multi-lane highway planned for
three through lanes and auxiliary lanes associated with the interchanges
planned to be built in phases to provide safe and efficient high speed
and high volume traffic movement. The primary function is to provide
for interurban travel including for freight mobility. Speeds are moderate
to high. Public road connections are highly controlled and parking
is prohibited. Pedestrian facilities are separated from the roadway
and bikeways are part of the roadway. Private access is discouraged
and the FHWA's Sunrise Project I-205 to Rock Creek Junction Record
of Decision reflects the planned public access. See Figure PA-5.
A type of stormwater facility. Usually a broad, shallow depression
with plants that filter and process contaminants.
Meeting a curve or surface in a single point.
A porch or promenade supported by columns, or a flat roof
or other platform on a building.
See "lot type."
A street that connects to other streets at both ends.
Any device designed to anchor a manufactured home securely
to the ground.
The same as "bankful stage" defined in OAR 141-85-010(2).
The severe cutting back of limbs within the tree's crown
to such a degree as to remove the natural canopy and disfigure the
tree. With regard to "fir," "evergreen" or any other variety of conifer,
"topping" means the removal of any portion of the highest point of
the tree. If the tip has curled over, it will still constitute the
highest point of the tree.
A piece of land within a platted subdivision, partition or
planned unit development reserved for open space, utility corridor,
recreation facilities, natural resource area, or other purpose; may
be dedicated to a homeowner's association or other entity for maintenance.
A vacation structure or self-propelled vehicle equipped with
wheels for street or highway use; intended for human occupancy; equipped
with plumbing, sink or toilets; used for vacation and recreational
purposes; and not used as a residence.
A facility used as part of a solid waste collection and disposal
system or resource recovery system, between a collection route and
a processing facility or disposal site, which may include areas designated
for general public drop off of items for disposal, reuse or recycling,
and areas designated for public education regarding solid waste and
recycling.
A street that is classified in the Transportation Element
of the Comprehensive Plan as a bus route.
The method of transportation (e.g., automobile, bus, walking,
bicycling, train, etc.).
A lot or parcel on which two or more travel trailers, recreational
vehicles, motor homes, tent trailers, tent sites, capers, and/or similar
vehicles or devices are permitted outright, for a stay of limited
duration, with or without a charge or fee.
A tree means a living standing woody plant having a main
trunk or group of multiple trunks.
The ground area that, when viewed from above the crown of
one or more trees, is mostly covered by the tree(s). For deciduous
trees, canopy area is based on the time of year when foliage is present.
Any property being lawfully utilized for the commercial production
of landscaping, nursery stock or Christmas trees, and including fruit
and nut orchards; provided, however, that any land previously designated
for exclusive farm use (EFU) by Clackamas County, within a state or
County tax deferral program for timber production, and subsequently
annexed into the City, shall be treated as a "tree farm" for so long
as the deferrals remain in effect. Forested lands annexed within the
City limits that hold a Clackamas County rural residential farm forest—five
acre minimum parcel size (RRFF-5) or farm forest—10 acre minimum
parcel size (FF-10) or annexed lands that have subsequently received
urban zoning, are not classified as "tree farms" unless trees have
been planted in symmetrical rows.
A planter area cut out of a sidewalk within the street furnishing
zone, planted with a street tree and including groundcover or a grate
cover; typically used in commercial districts where on-street parking
or pedestrian traffic makes the use of a planter strip impracticable.
A motor vehicle that is designed primarily for the movement of property or special purpose equipment, or a motor vehicle that is designed to carry more than 10 persons. Truck includes vehicles commonly called trucks, pick-ups, delivery vans, buses, motor homes and other similar vehicles. See also National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3.
Light truck.
Trucks and similar vehicles with single rear axles and single
rear wheels.
Medium truck.
Trucks and similar vehicles, other than truck tractors, with
single rear axles and dual rear wheels. Truck tractors are in the
heavy truck category.
Heavy truck.
Trucks, including truck tractors, and similar vehicles with
two or more rear axles.
A vehicle maneuvering area at the end of a dead-end street
(e.g., hammerhead, cul-de-sac, or other configuration) that allows
for vehicles to turn around.
The conversion of overhead utility facilities to underground
utility facilities in a variety of conduits, vaults and all other
necessary utility infrastructure.
The ratio of average illumination level on the roadway to
the minimum illumination at any point on the roadway.
The economic value of a property lot or parcel as determined
by analyzing three separate variables: assessed land value, value
as a property that could generate jobs ("employment value"), and the
Metro 2040 design type designation of property. The urban development
value of all properties containing regionally significant fish and
wildlife habitat is depicted on the Metro Habitat Urban Development
Value Map.
Urban growth boundary adopted pursuant to ORS Chapter 197.
Planned and improved open space or outdoor facilities that
provide active and passive recreational or relaxation opportunities,
including, but not limited to one of the following: parks, play areas;
improved playing fields; publicly accessible natural or wildlife viewing
areas; unimproved park land dedicated or owned by a public entity;
arboretums and gardens, ponds and water features; maintained and landscaped
walking paths and running trails; public and private pedestrian spaces;
and other similar environments. Usable open space does not include
slopes over 25%, wetlands, natural areas, streams or stream banks
where access and improvements are prohibited under Federal or state
law (including OAR 660-23, DLCD Goal 5 regulations). If such areas
are publicly accessible, and if viewing areas and improvements are
allowed and made at the periphery of the areas to enhance access to
and viewing of the wildlife and/or natural areas, then those lands
may be considered as usable open space.
The purpose for which land or a structure is designed, arranged,
intended, occupied, or maintained.
Buildings, structures or any constructed portion of a system
which provides for the production, transmission, conveyance, delivery
or furnishing of services including, but not limited to, heat, light,
water, power, natural gas, sanitary sewer, stormwater, telephone and
cable television. Utility facilities do not include stormwater pretreatment
facilities.
A vehicle designed to be pulled by a motor vehicle which
is used to carry property, trash, or special equipment and that is
16 feet or less in length. Boat trailers are included as utility trailers.
Utility trailers that are longer than 16 feet are considered industrial
vehicles and are regulated as heavy trucks.
To abandon a subdivision or street right-of-way. For example,
vacation of a public right-of-way that is not needed or cannot be
used for a street or other public purpose. Vacation of a plat typically
returns the property to the adjoining owners and restores it to an
undivided condition and ownership.
A commercial use of a single-family or duplex dwelling unit
where the unit is rented for periods of time of 28 or fewer consecutive
days.
An administrative or quasi-judicial decision to lessen or otherwise modify the requirements of this title. (See Chapter 16.71.)
The area of setback between the top of bank of a protected water feature and the delineated edge of the water quality resource area. (See Chapter 16.34.)
All of the areas on a site where vehicles may circulate or
park including parking areas, driveways, drive-through lanes, and
loading areas. See also "driveway" and "parking area."
A strip of land, not to exceed 30 feet in width, through
or over which an aesthetically pleasing vista of the surrounding landscape
or cityscape may be seen.
Those areas near intersections of roadways and motor vehicle
access points where a clear field of vision is necessary for traffic
safety and to maintain adequate sight distance. See standards in Section
16.50.030.B.
A masonry or similar structure serving to enclose or divide
an area.
The measurement in square feet of a building wall based on
the height and width of an architectural elevation.
A building used primarily for the storage of materials or
goods for use on the site or for later distribution.
Waste collection areas include areas set aside or designed
to be used for garbage collection and collection of materials for
recycling. Waste collection areas include areas occupied by dumpsters
and other solid waste receptacles.
Permanently or temporarily flooded lands which may lie below
the deepwater boundary of wetlands. Water bodies include rivers, streams,
creeks, sloughs, drainageways, lakes, and ponds.
Any structure or drainageway that is designed, constructed
and maintained to collect and filter, retain or detain surface water
runoff during and after a storm event for the purpose of water quality
improvement. It may also include, but is not limited to, existing
features such as constructed wetlands, water quality swales, and ponds
that are maintained as stormwater quality control facilities.
Vegetated corridors and the adjacent protected water feature as established in Chapter 16.34.
A geographic unit defined by the flows of rainwater or snowmelt.
All land in a watershed drains to a common outlet, such as a stream,
lake or wetland.
Those areas inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support and under normal
circumstances do support a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas. Wetlands are those areas
identified and delineated by a qualified wetland specialist as set
forth in the 1987 Corps of Engineers Wetland Delineation Manual.
A transparent or semi-transparent (not more than 50% opaque)
glazing on a building façade. For the purpose of this Code,
a window may be a display window (e.g., for merchandise, art, etc.)
that is integral to a building design, but a window is not a display
box mounted onto the exterior of a building.
Any structure, antenna, equipment or other device that transmits
and/or receives wireless communications, including, but not limited
to, antennas of any type, support towers, support structures, equipment
cabinets, and other auxiliary support equipment associated with the
transmission of wireless communications, excluding amateur radio stations
as defined by the Federal Communications Commission.
The providing or offering for rent, sale, lease or in exchange
for other consideration, of the transmittal and reception of voice,
data, image, graphic and other information by the use of current or
future wireless communications facilities. Also, any wireless communication
services authorized by the Federal Telecommunications Act of 1996
as amended, that currently exist or that may be developed in the future,
including, but not limited to, cellular, personal communications services,
specialized mobile radio, enhanced specialized mobile radio, paging,
similar Federal Communications Commission-licensed commercial wireless
telecommunications services, but excluding wireless communication
services used exclusively by gas and electric utilities and cooperative
utilities for internal communications of an operational nature.
Areas that are part of a contiguous area one acre or larger
of shrub or open or scattered forest canopy (less than 60% crown closure)
located within 300 feet of a surface stream.
The area defined by setbacks (i.e., between the setback line
and nearest property line).
A single-family detached dwelling with one "zero" side yard
setback.
(Ord. 389 § 1(Exh. A),
2009; Ord. 395 § 2, 2009; Ord. 398 § 1, 2010; Ord. 411 § 1, 2011; Ord. 433 § 1, 2013; Ord.
446 § 1, 2014; Ord. 468 § 1, 2014; Ord. 474 § 1,
2015; Ord. 481 § 1, 2015; Ord. 491 § 1, 2016; Ord. 501 § 1, 2016; Ord. 503 § 1, 2016; Ord.
507 § 1, 2016; Ord. 521 § 3, 2017; Ord. 539 § 1,
2018; Ord. 545 § 1, 2019; Ord. 550 § 1, 2020; Ord. 552 § 1, 2020; Ord. 556 § 1, 2021; Ord.
561 § 1, 2022; Ord. 567 § 1, 2023; Ord. 572 § 1,
2023; Ord. 582, 3/19/2024)
