The words and phrases used in this title have the meanings provided
in this chapter.
means a strip of land reserved between the end or side of
a street, or of land between a dedicated street of less than full
width and an abutting parcel of land, held for access control, future
street extension, or widening.
means the person who has filed application for land use action,
land division, boundary adjustment or other action requiring a response
from the City.
means the individual or governmental body authorized by this
code to take action on applications for actions specified in this
title.
means a right-of-way for bicyclists.
means a group of lots, tracts, or parcels which have been
subdivided and are entirely surrounded by highways or streets or in
part by a well-defined and fixed boundary.
means the relocation of a property line established by dedication,
deed, property line adjustment, lot consolidation, partition, subdivision,
and/or replat.
means a strip of land of sufficient width to serve as a buffer
between dissimilar use districts, existing in a natural or landscaped
condition, and located along the edge of a subdivision.
means a line on a plat or otherwise described indicating
the limit beyond which buildings or structures may not be erected.
means the City of Milwaukie, Oregon.
means the plan adopted by the City Council for the guidance
of growth and improvement of the City, including modifications or
refinements, which may be made from time to time.
means the right to use land in a limited way for a stated
purpose.
means a partition or subdivision of a lot or parcel on which
the development of housing is allowed as defined by ORS 197.360(1).
means the division of land by partition, subdivision, or
replat.
means the elimination of a common property line between two
or more units of land to form one unit of land.
means a legally defined unit of land other than a parcel
or tract that is a result of a subdivision of land. For general purposes
of this title, lot also means legal lots or lots of record under the
lawful control, and in the lawful possession, of one distinct ownership.
When one owner controls an area defined by multiple adjacent legal
lots or lots of record, the owner may define a lot boundary coterminous
with one or more legal lots or lots of record within the distinct
ownership. Figure 19.201-1 illustrates some of the lot types defined
below.
"Back lot" means a lot that does not have frontage on a public
street, typically accessed via an easement over another property.
"Flag lot" means a lot that has a narrow frontage on a public
street with access provided via a narrow accessway or "pole" to the
main part of the lot used for building, which is located behind another
lot that has street frontage. There are two distinct parts to the
flag lot: the development area or "flag" which comprises the actual
building site, and the access strip or "pole" which provides access
from the street to the flag.
"Legal lot" means a unit of land other than a parcel or tract
created through a subdivision or partition approved by the City.
"Lot of record" means a unit of land for which a deed or other
instrument dividing the land was filed with the Clackamas County Recorder,
which was not created through a partition or subdivision approved
by the City, and which was created prior to October 5, 1973.
means a partition or subdivision of a lot or parcel on which
the development of middle housing is allowed under ORS 197.758(2)
or (3).
means a fixed, permanent, and visible landmark indicating
boundaries.
means the owner of record of real property as shown on the
latest tax rolls of Clackamas County, or by the deed records of said
County, or a person who is purchasing a parcel of property under contract.
means a single unit of land that is created by a partitioning
of land.
means either the act of partitioning land or an area of land
partitioned.
means to divide an area of land into two or three parcels
within a calendar year but does not include the following:
A division of land resulting from a lien foreclosure, foreclosure
of a recorded contract for the sale of real property, or the creation
of cemetery lots;
An adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and where
the existing unit of land reduced in size by the adjustment complies
with applicable zoning;
The division of land resulting from the recording of a subdivision
or condominium plat;
A sale or grant by a person to a public agency or public body
for state highway, county road, City street or other right-of-way
purposes provided that such road or right-of-way complies with the
comprehensive plan and ORS 215.213(2)(p) to (r) and 215.283 (2)(q)
to (s). However, any property divided by the sale or grant of property
for State highway, County road, City street or other right-of-way
purposes must continue to be considered a single unit of land until
such time as the property is further subdivided or partitioned; or
A sale or grant by a public agency or public body of excess
property resulting from the acquisition of land by the state, a political
subdivision or special district for highways, County roads, City streets
or other right-of-way purposes when the sale or grant is part of a
property line adjustment incorporating the excess right-of-way into
adjacent property. The property line adjustment must be approved or
disapproved by the applicable local government. If the property line
adjustment is approved, it must be recorded in the deed records of
the county where the property is located.
means a right-of-way for pedestrians that is improved or
unimproved.
means an individual, firm, partnership, corporation, company,
association, syndicate, or any legal entity, and including any trustee,
receiver, assignee, or other similar representative thereof.
means and includes a map and other writing containing all
the descriptions, locations, dedications, specifications, provisions,
and information concerning a partition or subdivision.
means the relocation of a common property line between two
abutting units of land that does not result in the creation of a new
unit of land.
means the act of platting the lots, parcels, and easements
in a recorded subdivision or partition plat to achieve a reconfiguration
of the existing subdivision or partition plat, including an increase
or decrease in the number of lots.
means the area between boundary lines of a public way.
means a pedestrian walkway with permanent surfacing to City
standards.
means the width between the boundary lines of every way that
provides for public use for the purpose of vehicular and pedestrian
traffic and the placement of utilities. "Street" includes the terms
"road," "highway," "lane," "place," "avenue," "boulevard," or other
similar designations.
"Access street" means a street intended only for access to abutting
properties.
"Alley" means a narrow street used for access to the back or
side of properties otherwise abutting on another street.
"Major arterial street" means a street that carries both local
and through traffic to destinations outside the local community. The
major arterial provides access to other communities as well as access
through Milwaukie. Public transit to other communities generally use
a major arterial.
"Minor arterial street" means a street that carries local traffic
between neighborhood areas or to regional facilities. The minor arterial
provides access from neighborhood collector streets to community services
and to alley and an abutting parcel of land, or a strip other neighborhoods
within, or immediately adjacent to the City. Local public transit
may use minor arterial streets.
"Collector street" means a street that serves internal traffic
within areas having a single land use pattern. The collector streets
carry local traffic within a neighborhood area. They carry traffic
from the local streets to the minor and/or major arterial network
or to schools, local shopping centers, or other local streets within
the neighborhood.
"Cul-de-sac" means a short access street terminated by a vehicle
turnaround.
"Dead-end street" means a street terminating at a property line,
but which may be extended.
"Frontage street" means an access street parallel and adjacent
to a major arterial street providing access to abutting properties,
but protected from through traffic.
"Local street" means a street that provides direct access to
abutting property.
means to divide an area or tract of land into four or more
lots within a calendar year.
means either an act of subdividing land or a unit of land
subdivided as defined in this title.
means a unit of land other than a lot or parcel. A tract
is a piece of land created and designated as part of a land division
that is not a lot, adjusted lot, lot remnant, lot of record, or a
public right-of-way. Tracts are created and designed for a specific
purpose. Land uses within a tract are restricted to those uses consistent
with the stated purpose as described on the plat, or in the maintenance
agreements, or through Conditions, Covenants and Restrictions (CC&Rs).
Examples include stormwater management tracts, private street or alley
tracts, tree preservation tracts, environmental resource tracts, and
open space tracts.
means a legally created lot, parcel, or other unit of real
property legally created by metes and bounds description or other
legal means that is recorded on the County land records as defined
in ORS 92.010.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
