Refer to individual chapters of this title for chapter-specific
definitions.
Refer to Title 18 for definitions related to flood hazard areas.
As used in this title:
means wireless communication facility is abandoned when it
has not been used by a licensed carrier for a period of 6 months.
means sharing a common boundary or property line.
means the way or means by which pedestrians, bicycles, and
vehicles enter and leave property.
means off-street parking that serves the parking demand of
a specific use(s). Accessory parking is distinct from a "parking facility,"
as defined in this Chapter.
means a structure or use incidental and subordinate to the
main use of property and located on the same lot as the main use,
including accessory parking.
means the place, means, or way by which vehicles have safe,
adequate, and usable ingress and egress to a property. The accessway
consists of the driveway and driveway approach.
means damage or destruction caused by accident or natural
hazard, including, but not limited to, fire, flood, or wind.
means an establishment which, for any form of consideration,
provides or exhibits primarily products or performances characterized
by an emphasis on the depiction or description of specified anatomical
areas or specified sexual activities. "Adult entertainment business"
includes, but is not limited to, adult arcades, adult bookstores,
adult clubs, adult bars, adult motels or hotels, and adult theaters.
means touching; across a public right-of-way from; across
an easement from; across a stream or creek from.
means the tilling of the soil, the raising of crops, dairying,
or animal husbandry; but not including the keeping or raising of fowl,
pigs, or furbearing animals unless the keeping of animals is clearly
incidental to the principal use of the property for the raising of
crops.
means any landing area, runway, or other facility designed,
used, or intended to be used by aircraft and including all necessary
taxiways, hangars, and other necessary buildings and open spaces.
means a right-of-way that provides access to the back or
side of properties otherwise abutting on a street. Generally, alleys
provide secondary vehicle access. Where vehicle access from the street
is not allowed, not possible, or not desirable, an alley may provide
primary vehicle access.
means any land use permitted without land use approval by
the City's Planning Department or Planning Commission, such as is
required by a Type I – V review process.
means any change, addition, or modification to any existing
structure or improvement on the site, including changes to site access,
when such changes result in any one of the following: (1) intensification
of the use(s) on the site, (2) intensification of the improvements
on the site, (3) changes to the exterior appearance of significant
Historic resources or buildings in the downtown zones, or (4) changes
that may have a detrimental effect on surrounding properties or a
natural resource area. Alteration may or may not involve an increase
in gross floor area. Alteration does not include "routine maintenance
and repair." See also "improvements."
means electrical conductor or group of electrical conductors
in the form of a metal rod, wire panel, or dish that transmit or receive
radio waves or microwaves for wireless communications.
means a structure on which a wireless antenna is or may be
placed.
"Alternative support structure"
means an existing building, water tower, utility pole in
the right-of-way, or an antenna support structure that meets stealth
design criteria.
"Existing support structure"
means any support structure existing at the time of the application.
means all forms, materials, and information required for
submittal for action authorized under this title.
means an unroofed and unenclosed structure of vines, branches,
or latticework typically used to support climbing vines or shrubs.
means a retail place of business engaged primarily in the
sale of motor fuels, but also supplying goods and services required
in the operation and maintenance of automotive vehicles. These may
include petroleum products, tires, batteries, automotive accessories
and replacement items, washing and lubrication services, the performance
of minor automotive maintenance and repair, and the supplying of other
incidental customer services and products; but not major automotive
repairs, painting, and body and fender work.
means a roof-like structure of fabric or similar nonrigid
material attached to a rigid frame that is supported completely by
either an exterior building wall or wall exterior to an individual
tenant space.
means a platform projecting from the wall of a building,
with a balustrade or railing along its outer edge, and accessed from
the interior of the building through a door.
means a vertical supporting element, similar to a small column.
means a complete railing system, including a top rail, balusters,
and sometimes a bottom rail.
means the stage or elevation at which water overflows the
natural banks of a stream or other waters of the state and begins
to inundate upland areas. In the absence of physical evidence, the
2-year recurrence interval flood elevation may be used to approximate
the bankful stage. Also referred to as "top of bank."
means a portion of a building, not deemed a story, which
has more than half its interior height (but not more than 6 ft) above
the adjoining ground-level grade.
means a hosted form of commercial lodging within a residence.
It is similar to a short-term rental, but where on any given evening,
lodging rooms are available for rental or rented by 3 or more different
parties. Generally, some food service is provided with lodging.
means an ornamental or functional roof-mounted structure
for enclosing a bell.
means an architectural feature of a building designed to
create views from the building.
means any street or path which in some manner is specifically
designated and/or designed for the use of bicycles or for shared use
by bicycles and other transportation modes. Bicycle facilities include
bicycle parking and on-street and OffStreet bike lanes, shared lanes,
bike boulevards, and bike paths.
"Bike lane"
means a portion of a road, street, or shoulder which has
been designated for use by bicyclists through the application of a
paint stripe.
"Shared lane"
means a roadway where bicyclists and autos share the same
travel lane. A shared lane is usually wider than a vehicle travel
lane but does not delineate between vehicle and bike lanes. It may
include bike boulevard treatments.
"Bike boulevard"
means a lower-volume street with various treatments to promote
safe and convenient bicycle travel. A bike boulevard usually accommodates
bicyclists and motorists in the same travel lanes, often with no specific
vehicle or bike lane delineation. It usually assigns higher priority
to through bicyclists, with secondary priority assigned to motorists.
A bike boulevard also includes treatments to slow vehicle traffic
to enhance the bicycling environment.
"Bike path"
means a separate trail or path on which motor vehicles are
prohibited and which is for the exclusive use of bicycles or for the
shared use of bicycles, pedestrians, and other nonmotorized modes
of travel.
means a land area with space, landscaping, and other means
sufficient to protect the uses in one zone from being offensive to
the uses in another zone.
means a structure built for the support, shelter, or enclosure
of any persons, animals, chattels, or property of any kind excepting
uncovered patios or decks not exceeding 18 in. in height above the
average grade of the adjoining ground.
means the exterior vertical measurement of a building.
means a line that coincides with the front side of the main
building.
means an imaginary line on which the front of a building
or structure must be located or built, and which is measured as a
distance from a public right-of-way.
means a permanent roof-like structure of metal, glass, or
similar rigid material that is supported completely by either an exterior
building wall or wall exterior to an individual tenant space.
means a room or group of rooms, usually under a building,
which has more than half its interior height below the average grade
of the adjoining ground.
means a change in the primary use from one use to another
or the addition of other uses, not including accessory uses. A change
in use determination shall reference the uses listed in this chapter
or the City's base zones and overlay zones or special areas as a guide.
A proposal to change or add new uses may require land use approval.
See also "use."
means the City of Milwaukie, Oregon.
means the placement of an antenna on an existing wireless
communication facility, building, water tower, utility pole, where
the antennas and all supports are located on an existing structure.
means an establishment where people pay for recreation including
such types as health center, places with court games, dance halls,
places with machine games, and so forth.
means a vehicle designed or used primarily for commercial
purposes, and which is either 9 ft tall or taller as measured from
ground height, or has an enclosed storage area greater than 6 ft in
height and 9 ft in length. Recreational vehicles that are not used
for profit are not considered commercial vehicles.
means the party identified as the buyer in a land contract
that is in force and is recorded with Clackamas County.
means those 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.
means a plan which establishes special development standards
along a transportation corridor. A corridor design plan is adopted
as part of the Comprehensive Plan and is implemented through overlay
zones.
means an ornamental or functional structure placed on a roof
or dome mimicking or functioning as a lantern, belfry, or belvedere.
means the curved portion of a street curb at street intersections
or the curved portion of a curb in the wings of a driveway approach.
means any facility, institution, establishment, or place
not a part of a school as defined in this chapter and not meeting
the definition of family day care, that provides day care to children
not of common parentage, including day nurseries, nursery schools,
preschools, day-care facilities, or similar units operating under
any name for the purpose of being given board, care, or training apart
from their parents or guardians for compensation or reward.
means discarded man-made 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 ordinance 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.
means any "water quality resource" or "habitat Conservation
area" as defined in Section 19.201 and established in Section 19.402.
means the numerical criteria or narrative condition needed
in order to protect an identified beneficial use.
means a notarized document signed by the property owner,
and recorded against the property in question, wherein the property
owner agrees to construct or provide public facility improvements
specifically identified in the document, or in cases where local improvement
district or project formation is necessary to share in the cost of
necessary public facility improvements, to not remonstrate against
the City for such improvements, and to pay the assessment or share
for such improvements at the time they are made. Actual property owner
share and share formula shall be determined at the time of local improvement
district or project formation. This may consist of such determination
methods as street frontage percentage, lot square footage, and/or
standard per lot assessment. A developer's agreement is not a Development
Agreement as defined by ORS 95.504.
means all improvements on a site, including, but not limited
to: buildings, accessory structures, parking and loading areas, paved
or graveled areas, improved open areas (such as plazas or walkways),
above-ground utilities, landscaping, and areas devoted to exterior
display, storage, or activities. Development also includes actions
that result in physical change to a site, including, but not limited
to: mining, dredging, filling, or grading in amounts greater than
10 cu yd. Some types of development may require issuance of a development
permit and/or land use approval prior to construction or placement.
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 Title 3; (3) construction
on lots in subdivisions meeting the criteria of ORS 92.040(2); or
(4) natural geologic forms or unimproved land.
means any permit, such as a building permit, issued by the
City's Building Department for action authorized under this title.
Land use approval by the City's Planning Department or Planning Commission
is required prior to the issuance of a development permit for some
actions.
means stormwater that does not infiltrate before reaching
a designated natural resource.
means a use that is no longer in operation. A use shall be
considered discontinued or abandoned upon the first day that any of
the following events has occurred: (1) the use physically vacates
the site, (2) the use ceases to be actively involved in the activity,
(3) any lease or contract under which the use has occupied the land
is terminated, or (4) a request for final reading of water and power
meters is made to the applicable utility districts.
means to make changes, whether temporary or permanent, to
the existing physical status of the land in connection with development.
The following changes are excluded from the definition: enhancement
or restoration of a water quality resource or habitat conservation
area and planting native cover identified in the Milwaukie Native
Plant List, as established in Section 19.402.
means a projecting structure built out from a sloping roof
usually containing a window.
means any tree that is no longer standing upright, as the
result of natural forces, and that has come to rest, whether leaning
or completely down, within a Protected water feature, a water quality
resource, or a habitat conservation area.
means the 2 zones that implement the Milwaukie Downtown and
Riverfront Land Use Framework Plan—Downtown Mixed Use (DMU)
and Open Space (OS).
means a tavern, bar, cocktail lounge, or other similar business
establishment with the primary function of preparing and serving alcoholic
beverages to the public for consumption on the premises. This establishment
may or may not be in conjunction with an eating establishment.
means a business activity involving buying or selling of
goods, or the provision of services, where one of the parties conducts
the activity from within a motor vehicle. Facilities usually associated
with a drive-through are queuing lanes, service windows, service islands,
and service bays for vehicular use.
means the portion of the accessway located on private property
or public lands outside of the public right-of-way.
means the portion of the accessway located within the public right-of-way. The driveway approach consists of the driveway apron, wings, and sidewalk Section. See Chapter 12.16 Access Management for definitions of these terms.
means a restaurant or other similar business establishment
with the primary function of serving food, prepared to order, to the
public, and may serve alcoholic beverages at the dining table. This
establishment may or may not have an attached drinking establishment.
means a projecting overhang at the lower border of a roof,
extending from the primary wall or support. Eaves are architectural
features that aide in protecting buildings from precipitation and
solar radiation; they are distinct from overhangs that provide shelter
for persons or property.
means any man-made 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.
means 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 predisturbance condition but create/recreate processes and features
that occur naturally.
means an enclosed box or structure used to house equipment
for the operation, maintenance, or repair of a wireless communication
antenna.
means demonstration of compliance with all applicable rules
and regulations under the FAA's jurisdiction.
means all the wall planes of a structure as seen from one
side or view. For example, the front façade of a building would
include all of the wall area that would be shown on the front elevation
of the building plans.
means any person or group of persons living within a single
housekeeping unit as defined in this chapter.
means a child care facility in a dwelling that is caring
for not more than 16 children and is certified under ORS 329A.280(2)
or is registered under ORS 329A.330. A family child care home is a
private residence occupied by the family day care provider and is
permitted in all areas zoned for residential or commercial purposes
and used as a home occupation by the provider.
means a private residence occupied by the family day care
provider in all areas zoned for residential or commercial purposes
and used as a home occupation by the provider for the care of fewer
than 13 children, including children of the provider, regardless of
full-time or part-time care status.
means any artificially constructed barrier of any material
or combination of materials erected for purpose of enclosing, protecting,
or screening areas of land and uses thereon.
"Sight-obscuring fence"
means a fence consisting of wood, metal, masonry, or similar
materials, or an evergreen hedge or other evergreen planting, arranged
in such a way as to obscure vision at least 80%.
means all lands contained within the 100-year floodplain,
flood area, and floodway as shown on the Federal Emergency Management
Agency Flood Insurance Maps and the area of inundation for the February
1996 flood. In addition, all lands which have documented evidence
of flooding.
means the channel of a stream and adjacent land areas which
are required to carry and discharge flood waters or flood flows of
a 100-year flood, as defined by the Corps of Engineers.
means that land area which is outside of the stream floodway
but is subject to periodic inundation by a 100-year flood, as defined
by the Corps of Engineers.
means the sum of the area of each floor level, including
cellars, basements, mezzanines, accessory structures, penthouses,
corridors, lobbies, stores, and offices that are within the principal
outside faces of exterior walls, or from the centerline of walls separating
2 buildings, not including architectural setbacks or projections.
Included are all areas that have floor surfaces with clear standing
head room of at least 6 ft 6 in, regardless of their use or finished
state. Floor area does not include the following:
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Uncovered steps or fire escapes.
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Private garages, carports, or unenclosed porches.
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Accessory water towers or cooling towers.
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Accessory off-street parking or loading spaces.
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means the amount of building floor area in relation to the
amount of site area, expressed in square feet. For example, a floor
area ratio of 2 to 1 means 2 sq ft of floor area for every 1 sq ft
of site area. A developer may exclude public utility easements from
the site area when calculating the floor area ratio for a site.
means the area covered by the outer structural walls of a
building, measured in sq ft. Included in the calculation of footprint
are: roofed structures that are not fully enclosed; building features
such as patio covers, roofed porches, and decks; or similar features
with a surface height of more than 18 in above average grade. Footprint
does not include eaves.
means any home maintained by a person licensed by the State
to provide care, food, and lodging in such home for not more than
10 children, including his or her own children, under the age of 18
years and unaccompanied by a parent or guardian.
means chickens, ducks, geese, turkeys, and other birds of
a similar size.
means the portion of a property that abuts a public or private
street.
means transportation facility improvements occurring along
a property's frontage. See also "improvements."
means, in the case of an interior lot, the lot line separating
the lot from the street other than an alley; in the case of a corner
lot, a line separating the lot from the street on which the existing
or contemplated development will face; and, in the case of a through
lot, a line separating the lot from the street on which the contemplated
Development will face. In the case of a flag lot or back lot, the
front lot line is the lot line closest to the street from which the
property takes access, excluding lot lines that are part of the pole
portion of the flag lot.
means a covered structure designed to provide shelter for
vehicles and which is accessory to a residential use. 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.
"Carport"
means a stationary structure consisting of a roof, its supports,
and not more than 1 wall (or storage cabinets substituting for a wall)
used to shelter motor vehicles, recreational vehicles, or boats. A
structure is only considered to be a carport when it is being used
to meet minimum off-street parking requirements.
"Ground-level grade"
means the average of the finished ground level at the center
of all walls of a building. Where the walls are parallel to and within
5 ft of a public sidewalk, the ground level shall be measured at the
average sidewalk elevation.
means a street that incorporates a stormwater management
system into its design, allowing most stormwater runoff to be absorbed
locally. Green street treatments capture and treat stormwater runoff
locally, thereby protecting streams, groundwater, and wildlife habitat.
means lands that lie along the Willamette River and major
courses flowing into the Willamette River. Shown on the Zoning Map
as the Willamette Greenway Overlay Zone.
means any floor with direct access to grade. A building or
facility always has at least 1 ground floor, and may have more than
1 ground floor where a split-level entry has been provided or where
a building is built into a hillside.
means a tower which is supported by the use of cables (guy
wires).
means any significant Goal 5 wetland, riparian area, and
fish and wildlife habitat, as established in Section 19.402.
means transportation facility improvements equal to half
of a street design cross section plus enough additional roadway pavement
for at least 2 travel lanes.
means materials defined by the Oregon Department of environmental
Quality as hazardous.
means any such use that generates substantial traffic, noise,
light, irregular hours, or other negative impact on the community.
Examples include, but are not limited to: drinking establishments,
commercial recreation, adult entertainment businesses, theaters, hotels,
and motels.
means any use that is a nonconforming high-impact commercial
business in any zone or any use that is a nonconforming industrial
use in any zone. Nonconforming use, as defined below, means a lawful
existing use that does not conform to the City's current land use
ordinances, either because it was established prior to the enactment
of City ordinances governing the use, or because the use conformed
at the time it was established but applicable City ordinances have
since changed.
means an occupation normally carried on at a dwelling as
an Accessory use to the dwelling, with the activity conducted in such
a manner as to give no appearance of a business, and with no infringement
upon the right of neighboring residents to enjoy the peaceful occupancy
of their homes.
means the cultivation of plants, garden crops, trees, or
nursery stock.
means a commercial building or portion thereof designed or
used for occupancy of transient individuals who are lodged with or
without meals, and in which no provision is usually made for cooking
in any individual room or suite.
means a living arrangement within a dwelling unit in which
a single common kitchen facility, laundry facility, living and dining
rooms, and other general living areas of the dwelling, and the duties,
rights, and obligations associated with the performance of domestic
tasks and management of household affairs, are shared by the residents
by virtue of legal relationship or mutual agreement.
"Off-site improvements"
means all public facility improvements occurring off the
site and not along the site's frontage.
"On-site improvements"
means all development on the site. The term on-site improvements
also refers to public facility improvements occurring on the site
or along its frontage in a right-of-way or easement. See also "frontage
improvements."
"Institutional campus"
means a medical or educational institution and associated
uses. Medical institutional campuses include medical centers and hospitals.
Educational institutional campuses include universities, colleges,
high schools, and other similar institutions offering course of study
leading to a high school diploma or degree certified by a recognized
accreditation body. Associated uses on institutional campuses may
include some commercial and light industrial uses, major event entertainment,
residential, and other uses.
"Higher educational institution"
means a college or university, accredited by the State.
means area(s) internal to a lot that is(are) devoted to buffer
area(s) with plantings.
means plant species that have been introduced and, due to
aggressive growth patterns and lack of natural enemies in the area
where introduced, spread into native plant communities. Includes vegetation
categorized as a nuisance species on the Milwaukie Native Plant List.
means any establishment or place of business that is maintained,
operated, or used for storing, keeping, buying, or selling old or
scrap copper, brass, rope, rags, batteries, paper, trash, rubber,
debris, waste; junked, dismantled, wrecked, scrapped, or ruined motor
vehicles; or motor vehicle parts, iron, steel, or other scrap or old
ferrous or nonferrous material, metal or nonmetal materials; and the
term includes automobile graveyards, garbage dumps, and scrap metal
processing facilities.
means any lot or premises on which 4 or more dogs, more than
4 months of age, are kept.
means an area in which something is built, installed, or
established to prepare food for eating by a heating process.
means an area for street trees and other plantings within
the public right-of-way that is usually located between the curb and
the sidewalk.
means vegetation and materials, including, but not limited
to, shrubs, grass, trees, planting beds, and bark dust.
means a superstructure crowning a roof or dome having open
or windowed walls to let in light and air.
means a tower characterized by an open framework of lateral
cross members, which stabilize the tower without the use of guy wires.
means the area of a parcel on which wireless communication
facilities, antennas, and equipment buildings are located.
means a use that is permitted subject to specific limitations
as described in the Zoning Ordinance.
means domestic animals, such as cattle, horses, sheep, hogs,
or goats, raised for home use (such as meat, milk, or shearing) or
for profit.
means a dwelling unit where residential and nonresidential
spaces are combined and where the dwelling unit is the principal residence
of the business operator/proprietor.
means an off-street space or berth on the same lot, or parcel,
with a building or use, or contiguous to a group of buildings or uses,
for the temporary parking of a vehicle while loading or unloading
persons, merchandise, or materials, and which space or berth abuts
upon a street, alley, or other appropriate means of access and egress.
means a legally defined unit of land other than a tract that
is a result of a subdivision or partition. 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 1 distinct ownership.
When 1 owner controls an area defined by multiple adjacent legal lots
or lots of record, the owner may define a lot boundary coterminous
with 1 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.
"Corner lot"
means a lot abutting 2 or more streets, other than an alley,
at their intersection.
"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 2 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.
"Interior lot"
means a lot other than a corner lot.
"Legal lot"
means a unit of land other than a 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.
"Through lot"
means an interior lot having frontage on 2 streets.
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Figure 19.201-1 Lots and Lot Lines
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means the amount of area covered by building(s) on a lot
expressed as a percentage of the total lot area. Lot coverage includes
open structures, such as pole barns; building features such as patio
covers, roofed porches, and decks; or similar features with a surface
height of more than 18 in above average grade. Lot coverage does not
include eaves.
means the average horizontal distance between the front lot
line and the rear lot line.
means the property line bounding a lot. The lot lines defined
below are depicted in Figures 19.201-1 and 19.201-2.
"Front lot line"
means, in the case of an interior lot, the lot line separating
the lot from the street other than an alley; in the case of a corner
lot, a line separating the lot from the street on which the existing
or contemplated development will face; and, in the case of a through
lot, a line separating the lot from the street on which the contemplated
development will face. In the case of a flag lot, the front lot line
is the lot line closest to the street from which the property takes
access, excluding lot lines that are part of the pole portion of the
flag lot.
"Rear lot line"
means a lot line which is opposite and most distant from
the front lot line; and in the case of an irregular, triangular, or
other-shaped lot, a line 10 ft long within the lot parallel to and
at the maximum distance from the front lot line.
means the horizontal distance between side lot lines measured
at the Building line.
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Figure 19.201-3 Lot Width
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means any use that is a nonconforming residential use in
any zone.
means removal of more than 20% of a tree's canopy, or injury
or cutting of over 15% of the root system, during any 12-month period.
means an area on a site over which vehicles travel between
a parking space and the street.
means a lot, tract, or parcel of land under one ownership,
the primary purpose of which is to rent space for placement of a manufactured
dwelling. A manufactured dwelling park shall contain a minimum of
2 acres and a minimum of 4 manufactured dwellings.
means a state-licensed business involved in the production,
processing, warehousing, testing, research, or sale of marijuana or
marijuana-derived products.
means a state-licensed business that processes, compounds,
transforms, or converts marijuana into other marijuana products including
concentrates, extracts, or edible products.
means planting, cultivating, growing, or harvesting of marijuana
for sale or processing as a legal, state-licensed business.
means a state-licensed business that sells or distributes
marijuana and marijuana-derived products to consumers. A marijuana
retailer may sell or distribute recreational or medical marijuana.
means a business that dispenses medical marijuana in accordance
with the regulations set forth by ORS Chapter 475B and related Oregon
Administrative Rules. State-registered grow sites are not considered
to be medical marijuana facilities and are instead classified as "marijuana
production" for purposes of this Code.
means the area of a lot that supports vegetation, including
planting areas under roof eaves, expressed as a percentage of the
total lot area.
means the combination of residential uses with commercial
(e.g., office, retail, or services), civic, or light industrial uses
on a site or in a building.
means a single upright pole engineered to be self-supporting
without lateral cross supports or guy wires and used as an antenna
support structure.
means one or more commercial buildings designed or used as
temporary living quarters for transients.
means any vegetation native to the Portland metropolitan
area or listed on the Milwaukie Native Plant List, provided that it
is not categorized as a nuisance plant on the Milwaukie Native Plant
List.
means an area measuring 43,560 sq ft excluding the following:
rights-of-way; floodplains; protected water features and their associated
vegetated corridors, as established in Section 19.402; natural resources
protected under Statewide Planning Goal 5; slopes in excess of 25%;
and publicly owned land designated for park, open space, and resource
protection. These excluded areas do not include lands for which the
Zoning Ordinance provides a density bonus or other mechanism that
allows the transfer of the allowable density or use to another area
or to development elsewhere on the same site.
means development on a site that was previously undeveloped
or from which previously existing structures have been demolished.
New construction can also occur on sites with existing structures.
New construction includes the following: (1) new structures, (2) new
additions to existing structures, and (3) reconstruction of fully
or partially demolished structures.
means a lawful structure or site improvement, such as an
off-street parking facility, landscaping, or accessway, that does
not conform to the City's current development ordinances either because
it was established prior to the enactment of City ordinances governing
the structure or improvement or because the structure or improvement
conformed at the time it was established but applicable City ordinances
have since changed.
means a lawful existing use that does not conform to the
City's current land use ordinances, either because it was established
prior to the enactment of City ordinances governing the use, or because
the use conformed at the time it was established but applicable City
ordinances have since changed.
"Production-related office"
means offices that are characterized by activities that,
while conducted in an office-like setting, involve less face-to-face
customer contact and do not tend to generate foot traffic. Their operations
are less service-oriented than traditional office uses and focus on
the development, testing, research, production, processing, packaging,
or assembly of goods and products. Examples include: software and
internet content development and publishing; telecommunication service
providers; data processing; television, video, radio, and internet
studios and broadcasting; scientific and technical services; call
centers; and medical and dental labs.
"Professional and administrative office"
means professional, executive, Management, or administrative
offices of firms or organizations, including government, medical,
or financial services. These office uses generally involve a high
level of face-to-face customer contact and are typically expected
to generate foot traffic. Typical Uses include offices for professionals
such as physicians, dentists, lawyers, architects, engineers, artists,
musicians, designers, teachers, accountants, financial businesses
such as lenders, brokerage houses, bank headquarters, or real estate
agents; sales offices; government offices and public utility offices;
and medical and dental clinics, or others who through training are
qualified to perform services of a professional nature, and where
no storage or sale of merchandise exists.
means space located outside of any street right-of-way that
is designed to accommodate the parking of motorized and nonmotorized
vehicles.
means any parcel of land or portion of a parcel without a
structure, except as used and defined in the Planned Development Zone.
means the elevation on the bank or shore to which Water ordinarily
rises in season.
means the line on the bank or shore to which water ordinarily
recedes in season; synonymous with mean low water.
means any person who owns land, or a lessee, agent, employee,
or other person acting on behalf of the owner with the owner's written
consent.
means a low wall, located at the top of any sudden drop,
such as at the top of the façade of a building.
means any off-street parking area that is not accessory to
a specific use. Examples include short- and long-term fee parking
facilities, commercial district shared parking lots, and commercial
shuttle parking. Accessory parking areas that occasionally charge
the public to park for nearby events are not considered parking facilities.
means an area meeting the dimensions of Chapter 19.600 that is available for the parking of an automobile.
means all primary and secondary perennial waterways mapped
by the U.S. Geological Survey.
means an unenclosed and unroofed structure of parallel columns
supporting an open roof of beams and crossing rafters or trelliswork.
means an area around the edge of a lot that is devoted to
a buffer area with plantings.
means any natural person, firm, partnership, association,
social or fraternal organization, corporation, estate, trust, receiver,
syndicate, branch of government, or any other group or combination
acting as a unit.
means the provision of services to individuals or businesses.
Typical uses include laundromats/dry cleaners, tanning salons, barbers,
beauty salons, shoe repair, copy centers, secretarial services, pet
grooming and pet day care, and blueprint services.
means the physical, natural, and/or man-made features characteristic
to a property or properties, including, but not limited to, trees
and other vegetation, rocks and outcrops, topography and ground features
such as knolls and depressions, water bodies and wetlands, soil characteristics,
excavations and fill, boundaries, and embankments.
means the person who is the manager/supervisor of the City's
Planning Department, or the City Manager's designee to fill this position.
This position can also be described as the Planning Director.
means a ruling of the Planning Director regarding the applicability,
scope, or effect of any provision of Titles 14, 17, and this title.
means 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.
means a motorized or nonmotorized boat, canoe, kayak, or
other similar vessel that is used for private aquatic recreational
uses.
means reestablishing groundcover or landscaping prior to
the removal of temporary erosion control measures.
means domestic fowl, such as chickens, turkeys, ducks, or
geese, raised for flesh or eggs.
means capable of being realized after considering cost, existing
technology, logistics, and other relevant considerations; such as
ecological functions, scenic views, natural features, existing infrastructure,
and/or adjacent uses.
means a meeting between Planning Department staff and an
applicant or property owner. It provides for an exchange of information
regarding applicable requirements of City codes, makes available technical
assistance which will aid in the development of an application, and
attempts to identify procedures, policies, and regulations that may
pose opportunities or constraints for a proposal.
(modular units) means a structural unit, conforming to the
Uniform Building Code, that has been wholly or in part prefabricated
at an off-site location and brought by trailer to the site for assembly.
means the entrance to a building that most pedestrians are
expected to use. Generally, each building has one primary entrance;
however, some buildings may have more than one primary entrance or
may have entrances that open directly into the building's lobby or
principal interior ground-level circulation space.
means the following:
means and includes any of the following:
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Title 3 wetlands.
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Rivers, streams, and drainages downstream from the point at
which 100 acres or more are drained to that water feature (regardless
of whether it carries year-round flow).
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Streams carrying year-round flow.
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Springs which feed streams and wetlands and have year-round
flow.
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Natural lakes.
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"Secondary protected water features"
means and includes intermittent streams and seeps downstream
of the point at which 50 acres are drained and upstream of the point
at which 100 acres are drained to that water feature.
means a state-licensed psilocybin facility as defined in
ORS 475A, including, but not limited to, psilocybin product manufacturing
facilities, psilocybin service centers, and psilocybin testing facilities.
means specific standards for streets, sidewalks, and public
spaces adopted to implement the Downtown and Riverfront Land Use Framework
Plan.
means transportation and public utility improvements as described
below.
"Transportation facilities"
means transportation-related improvements in a right-of-Way
or easement, including, but not limited to, travel lanes, bicycle
lanes, sidewalks, and transit facilities.
"Public utilities"
means public utility-related improvements in a right-of-way,
easement, or tract, including water, sanitary sewer, and stormwater
infrastructure. See also "utility facilities."
means a park, playground, swimming pool, reservoir, or athletic
field within the City which is under the control, operation, management,
or ownership of the City of Milwaukie or other public agency.
means railroad switching yards, terminal structure, railroad
tracks, or any other facilities connected with railroads which generate
substantial noise or nuisance.
means a vehicular-like, portable structure which can be towed,
hauled, or driven and is primarily designed for temporary living accommodations
for recreational camping and travel use and includes, but is not limited
to, travel trailers, motor homes, camping trailers, campers, and recreational
vans.
means a structure used by a religious organization having
a taxexempt status.
"Accessory dwelling unit"
means a second dwelling on a lot with a single-family detached
dwelling. The accessory dwelling unit is incidental to, and smaller
than, the primary dwelling on the lot. The accessory dwelling unit
may be in a portion of the primary structure on the lot or contained
in its own structure apart from the primary structure. The accessory
dwelling unit includes its own independent living facilities—
including provision for sleeping, cooking, and sanitation—and
is designed for residential occupancy by one or more people, independent
of the primary dwelling unit.
"Adult foster/care home"
means a dwelling unit operated to provide a permanent residence
and licensed care for up to 5 people who are elderly, disabled, handicapped,
or otherwise require such a residence.
"Duplex"
means 2 dwelling units on a lot or parcel in any configuration.
In instances where a development can meet the definition of a duplex
and also meets the definition of a primary dwelling unit with an accessory
dwelling unit (ADU), the applicant shall specify at the time of application
review whether the development is considered a duplex or a primary
dwelling unit with an ADU.
"Dwelling"
means a structure containing one or more dwelling units used,
intended, or designed to be built, used, rented, let, or hired out
to be occupied, or which are occupied for living purposes.
"Dwelling unit"
means a building, or portion of a building, that includes
its own independent living facilities—including provision for
sleeping, cooking, and sanitation— and is designed for residential
occupancy by one or more people. Buildings with more than one set
of cooking facilities are considered to contain multiple dwelling
units, unless the additional cooking facility is clearly accessory
and the property owner has recorded a covenant with the Clackamas
County Records Division, stipulating that the additional cooking facility
will not be used as part of a separate Dwelling unit unless permitted
under this title.
"Cooking facility"
means an oven, stove, range, or other device used or intended
for the preparation or heating of food.
"Cottage"
means an individual dwelling unit that is part of a cottage
cluster, per Subsection 19.505.4.
"Cottage cluster"
means a grouping of no fewer than 4 detached dwelling units
per acre with a footprint of less than 900 square feet each that includes
a common courtyard per Subsection 19.505.4. Cottage cluster units
may be located on a single lot or parcel, or on individual lots or
parcels.
"Cottage cluster project"
means a development site with one or more cottage clusters
constructed, or proposed to be constructed.
"Manufactured dwelling"
means a residential trailer, mobile home, or manufactured
home meeting ORS 446.003(25) and designed to be used as a year-round
residential dwelling. The manufactured dwelling is a structure that
is constructed for movement on the public highways; that has sleeping,
cooking, and plumbing facilities; and that is being used for residential
purposes.
"Manufactured home"
means a single detached residential structure, as defined
in ORS 446.003(25)(a)(C), which includes a Department of Housing and
Urban Development (HUD) label certifying that the structure is constructed
in accordance with the Manufactured Housing Construction and Safety
Standards of 1974 (42 USC Section 5401 et seq.) as amended on August
22, 1981.
"Middle housing"
means duplexes, triplexes, quadplexes, cottage clusters,
and townhouses.
"Mobile home"
means a manufactured dwelling that was constructed between
January 1, 1962, and June 15, 1976, and met the construction requirements
of Oregon mobile home law in effect at the time of construction.
"Multi-unit development"
means a structure that contains 5 or more dwelling units
that share common walls or floor/ceilings with one or more units.
The land underneath the structure is not divided into separate lots.
Multi-unit development includes structures commonly called garden
apartments, apartments, and condominiums. Residential care facilities
are considered a type of multi-unit development.
"Plex development"
means a duplex, triplex, or quadplex.
"Quadplex"
means 4 dwelling units on a lot or parcel in any configuration.
"Residential care facility"
means a licensed living facility for more than 5 non-related
persons, which provides specialized care, supervision, treatment or
training, or a combination of these for residents. This use classification
includes, but is not limited to, assisted living facilities, nursing
facilities, and memory care facilities.
"Residential trailer"
means a manufactured dwelling that was constructed prior
to January 1, 1962.
"Short-term rental"
means a housing unit, an accessory dwelling unit, or a room
(or rooms) within a housing unit that is rented out for lodging for
a period of less than 30 days in length. A short-term rental is an
accessory use to a primary residence and allowed as a home occupation
where the residence must be occupied by the owner or operator for
no less than 270 days per year. A short-term rental may be hosted
(where the primary occupants are present on site during the rental)
or unhosted (where the primary occupants vacate the unit or site during
the rental period). For hosted rentals, occupancy is limited to no
more than 2 different parties per site at a time (see "bed and breakfast"
for rentals to more than 2 parties). For unhosted rentals, occupancy
is limited to one rental party per site at a time. Short-term rental
operators may offer meals to lodgers.
"Single detached dwelling"
means a structure, or manufactured home, containing one dwelling
unit with no structural connection to adjacent units.
"Single room occupancy housing (SRO)"
means a building wherein 9 or more rooms are offered for
rent and where rooms, individually or collectively, do not constitute
separate dwellings. Each room is without a kitchen, but access must
be provided to a shared cooking and eating facility. Each room may
have provision for counter-top appliances and refrigerator. The toilet/bath
may be private or shared with other room(s). SRO developments are
designed to be occupied by long-term residents on a monthly or longer
basis. For calculating residential density, 4 SRO rooms are equal
to one dwelling unit with fractions rounded up.
"Townhouse"
means a residential structure on its own lot that shares
one or more common or abutting walls with at least one or more dwelling
units on adjoining lots. The common or abutting wall must be shared
for at least 25% of the length of the side of the building. The shared
or abutting wall may be the wall of an attached garage. A townhouse
does not share common floors/ceilings with other primary Dwelling
units.
"Townhouse development"
means one or more townhouse structures constructed, or proposed
to be constructed, together with the development site where the land
has been divided, or is proposed to be divided, to reflect the townhouse
property lines and any commonly owned property.
"Triplex"
means 3 dwelling units on a lot or parcel in any configuration.
"Yurt"
means a one-story building with a circular footprint and
a roof that is domed or conical, with the highest point at the center
of the circle. The walls and roof of a yurt are typically canvas or
other flexible fabric material.
means the process of returning a disturbed or altered area
or feature to a previously existing natural condition. Restoration
activities reestablish the structure, function, and/or diversity to
that which occurred prior to impacts caused by human activity.
means the sale, lease, or rental of new or used products
to the general public. Typical uses include, but are not limited to,
grocery stores, specialty stores, drugstores, bookstores, jewelry
stores, and video stores.
means an area that allows for the passage of people or goods.
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 is usually in a tract or easement. See also
"street."
means those areas associated with streams, lakes, and wetlands
where vegetation communities are predominately influenced by their
association with water.
means the portion of the street consisting of the paved area
between curbs or shoulders. The roadway includes vehicle travel lanes,
parking strips, and bike lanes.
See "Boarding house."
means activities directed at preserving an existing allowed
use or facility including replacement of materials, but excluding
any increases in the existing dimensions of the structure. See also
"alteration."
"Commercial school"
means a place where instruction is given to pupils in arts,
crafts, trades, or other occupational skills, and operated as a commercial
enterprise as distinguished from schools endowed or supported by taxation.
"Primary, elementary, junior high, or high school"
means and includes public, private, or parochial; but not
nursery school, kindergarten, or day nursery, except when operated
in conjunction with a school.
means a residential use that is located on or above the second
floor of a building, with the ground floor of the building devoted
to nonresidential use (such as, but not limited to, retail or office
use).
means the same off-street parking area is identified by one
or more uses for the parking needs of employees, customers, and/or
residents.
means a paved walkway within a public right-of-way that is
designed for pedestrian use. Sidewalks are generally adjacent to,
but separated from, bicycle and vehicle travel lanes by horizontal
and/or vertical street elements. Separation generally involves a curb,
landscape strip, or both a curb and landscape strip.
means a plane that limits the building height along side
lot lines. Structures on the site must remain underneath the height
plane. The height plane applies along side lot lines and is not applicable
to front, rear, or street side lot lines. The starting point of the
side yard height plane is horizontally offset from the side lot line
by the required side yard depth, and set at specified vertical distance
above the grade at the depth of required side yard. From the starting
point, the side yard height plane slopes up at a specified angle until
it reaches the maximum allowed building height or intersects with
the side yard height plane from an opposite side of the lot.
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Figure 19.201-4 Side Yard Height Plane
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means equipment used to capture solar radiation for purposes
of heating water or generating electricity. A solar energy system
is an accessory use, and the energy generated by the system is used
predominantly on-site.
means and includes any of the following:
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Less than completely and opaquely covered genitals, pubic region,
buttock, anus, or female breast below a point immediately above the
top of the areola.
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Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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means and includes any of the following:
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The fondling or other erotic touching of human genitals, pubic
region, buttock, anus, or female breast.
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Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy.
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Masturbation, actual or simulated.
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Excretory functions as part of or in connection with any of
the activities set forth in the first three bullet points of this
definition.
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means a wireless communication facility that is designed
or located in a such a way that the facility is not readily recognizable
as wireless communication equipment and is compatible with surrounding
uses.
means slopes that are equal to or greater than 25%.
means any structure or drainageway that is designed, constructed,
and maintained to collect, filter, and 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 wetlands, swales, and ponds that are maintained as
stormwater facilities.
means portion of a building between any floor and the next
floor above. If the floor level directly above a basement or unused
under-floor space is more than 6 ft above grade for more than 50%
of the total perimeter or is more than 10 ft above grade at any point,
such basement or unused under-floor space shall be considered as a
story.
"Half-story"
means a story under a gable, gambrel, or hip roof, the wall
plates of which on at least 2 opposite exterior walls are not more
than 2 ft above the floor of such story. If the floor level directly
above a basement or unused under-floor space is less than 6 ft above
grade, for more than 50% of the total perimeter and is not more than
10 ft above grade at any point, such basement or unused under-floor
space shall be considered as a half-story.
means a body of running water moving over the earth's surface
in a channel or bed, such as a creek, rivulet, or river, that flows
at least part of the year, including perennial and intermittent streams.
means the entire width between right-of-way lines for vehicular,
bicycle, and pedestrian traffic and includes the terms "road," "highway,"
"lane," "place," "avenue," "alley," and other similar designations.
means the classification given to a street that encompasses
both its design characteristics and the level and type of service
it is intended to provide. These classifications guide design standards,
levels of access, traffic control, law enforcement, and the provision
for federal, State, and regional transportation funding. The City's
functional street classification system includes regional routes,
arterials, collectors, neighborhood streets, and local streets. These
classifications are described in more detail in the City's Transportation
System Plan.
means the wall planes of a structure that are visible from,
and at an angle of 45 degrees or less to, a front lot line or street
side lot line. Angle measurements for curved front or street side
lot lines shall be based on a straight line connecting the opposing
lot corners of the front or street side lot line.
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Figure 19.201-5 Street-Facing Façade
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means individual streets that are physically connected to
one another and that collectively serve travel needs on a local, citywide,
and regional level.
"Closed-end street system"
means any configuration of streets, including cul-desacs,
that connect to a single point of access on the street network. A
closed-end street system does not include a street system with more
than 1 existing or future connection to the street network. Future
connections require dedication of right-of-Way or other permanent
reservations for future connectivity.
"Through street"
means a street that connects to other streets on both ends.
means a temporary street ending that is intended to be extended
through adjacent property in the future. Street stubs are generally
required when it is anticipated that adjacent property will need to
extend the street to accommodate future Development.
means a tree, shrub, or other woody vegetation on land within
the right-of-Way. When any portion of the trunk of a tree crosses
a public right-of-way line at ground level, it is considered a street
tree.
means something constructed or built and having a fixed base
or fixed connection to the ground or another structure. Structures
include storage containers, prefabricated sheds, pop-up carports,
etc. (Streets and utilities are excluded from this definition.)
means a structure in which vehicle parking is accommodated
on multiple stories; a vehicle parking area that is underneath all
or part of any story of a structure; or a vehicle parking area that
is not underneath a structure, is entirely covered, and has a parking
surface at least 8 ft below grade. Structured parking does not include
garages or carports.
means a facility which provides temporary or transitional
services to families or individuals, including lodging where the average
stay is 60 days or less. Such facilities shall be classified as community
service uses and may include shelters, community counseling centers,
rehabilitation centers, and detention and detoxification facilities.
means an outdoor extension of a building, situated above
the ground level, and open to the sky.
means wetlands of metropolitan concern, as shown on the Metro Water Quality and Flood Management Area map, and other wetlands added to the City's Natural Resource Administrative Map, consistent with the criteria in Metro Urban Growth Management Functional Plan Title 3, Section 3.07.340(E)(3).
means a structure with the sole purpose of serving as an
antenna support structure. "Tower" includes guyed towers, lattice
towers, and monopoles, but does not include any alternative antenna
support structure.
means the many and varied traffic management measures used
to reduce the impacts of vehicular traffic volumes and speeds on residential
neighborhoods and improve safety for pedestrians and cyclists.
means a period of occupancy that does not exceed 30 days.
means a site designated by TriMet as the location at which
a TriMet bus or light rail train will accept or discharge passengers.
means a street with existing transit service operating at
20-minute-or-less peak hour frequency.
means an area where new multifamily projects in R-3, R-2,
and R-1 Zones that are adjacent to areas designated for lower densities
have required transition measures.
means any living woody plant characterized by one main stem
or trunk and many branches, or a multi-stemmed trunk system with a
defined crown, that will obtain a height of at least 16 ft at maturity.
means an unenclosed and unroofed vertical frame supporting
open latticework used as a screen or support for growing vines or
other plants.
means a vehicle maneuvering area at the end of a street,
such as a culde-sac or hammerhead turnaround, that allows vehicles
to turn around. Turnarounds can be either permanent or temporary.
means that portion of a lot or development site that is not
covered by building or off-street parking area. Usable open space
includes uncovered plazas, terraces, small parks, or similar.
means the purpose for which land or a structure is designed,
arranged, or intended, or for which it is occupied or maintained.
See also "change in use."
means 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 facilities (such as wetlands, swales, and ponds that are
maintained as stormwater facilities) but do include pipes, culverts,
and similar enclosed structures that convey protected water features.
means a housing unit that is rented out to a single party
for a period of less than 30 days in length where there are no primary
occupants or where the residents who occupy the unit do so for less
than 270 days per year. A vacation rental is considered a form of
commercial lodging. It is a primary use and is more commercial in
nature than a short-term rental.
means the area of setback between the top of the bank of
a Protected water feature, or the edge of a delineated wetland, and
the edge of the water quality resource, as defined in Table 19.402.15.
means plantings or natural growth including trees, grass,
shrubs, and other similar vegetated groundcover.
means a device in, upon, or by which any person or property
is or may be transported or drawn upon a public street, except devices
moved by human power or used exclusively upon stationary rails or
tracks.
means a pedestrian-only corridor that is paved with a hard
surface material and connects pedestrians from parking areas to uses,
between uses, and to sidewalks on adjacent public streets. walkways
are separated from parking areas and internal driveways to promote
pedestrian safety.
means a protected water feature(s) and the adjacent vegetated
corridors, as established in Section 19.402. The following definitions
relate to WQRs and HCAs in particular:
"Mitigation"
means the reduction of adverse effects from a proposed project
on the natural environment by considering, in this order: (1) avoiding
the impact altogether 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/or (5) compensating for the impact
by replacing or providing comparable substitute WQRs or HCAs.
"Significant negative impact"
means an impact that affects the natural environment, considered
individually or cumulatively with other impacts on the WQR and/or
HCA, to the point where the existing functions and values of water
quality and/or fish and wildlife habitat are degraded.
means 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.
means those areas inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
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.
means equipment used to generate electricity from wind. A
wind energy system is an accessory use, and the energy generated by
the system is used predominantly on-site.
means a facility that is designed and used for the purpose
of transmitting, receiving, and relaying radio waves of various wireless
communication devices. A wireless communication facility normally
includes one or more of the following:
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Antennas
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An antenna support structure
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An equipment cabinet
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means an open space on a lot which is unobstructed from the
ground upward except as otherwise provided in this title. A yard may
include areas with grass, mulch, barkdust, shrubs, trees, garden plantings,
gravel, pavement, or asphalt. The yards defined below are depicted
in Figure 19.201-6.
"Front yard"
means a yard between side lot lines, measured horizontally
and at right angles to the front lot line from the front lot line
to the nearest point of the building.
"Rear yard"
means a yard between side lot lines or between a street side
yard and opposite side lot line, measured horizontally and at right
angles to the rear lot line from the rear lot line to the nearest
point of the building.
"Side yard"
means a yard between the front and rear yards, measured horizontally
and at right angles from the side lot line to the nearest point of
the building.
"Street side yard"
means a yard adjacent to a street between the front and rear
yards, measured horizontally and at right angles from the side lot
line to the nearest point of the building.
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Figure 19.201-6 Yards
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(Ord. 2025 § 2, 2011; Ord. 2036 § 3, 2011; Ord. 2051 § 2, 2012; Ord. 2094 § 2, 2015; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2120 § 2, 2016; Ord. 2134 § 2, 2016; Ord. 2140 § 2, 2017; Ord. 2161 § 2, 2018; Ord. 2168 § 2, 2019; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2224 § 2, 2022; Ord. 2229 § 2, 2023; Ord. 2234 § 2, 2023; Ord. 2236 § 2,
2023)
(Ord. 2025 § 2, 2011; Ord. 2036 § 3, 2011; Ord. 2051 § 2, 2012; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2161 § 2, 2018; Ord. 2218 § 2 (Exh. B), 2022)
All horizontal distances for yard widths and lot and building
dimensions shall be measured along a horizontal plane from the appropriate
property line, edge of building, structure, storage area, parking
area, or other object. These distances shall not be measured by following
the topography of the land.
A.
Interior Height
Floor-to-ceiling height shall be measured from the top of the
floor finish to the bottom of the ceiling joists or, where there is
no ceiling, to the bottom of the roof rafters.
B.
Exterior Height of Primary Structures
The height of a primary structure building is the vertical distance
from the base point described in Subsection 19.202.2.B.1, below, to
the top of a building described in Subsection 19.202.2.B.2, below.
1.
Base Point
The base point used for building height measurement shall be
the base point that yields the greater building height. See Figure
19.202.2.B.1.
a.
Base point 1 is the elevation of the highest adjoining sidewalk
or ground surface within a 5-ft horizontal distance from the exterior
wall of the Building, when such sidewalk or ground surface is not
more than 10 ft above lowest grade.
b.
Base point 2 is 10 ft above lowest grade, when the sidewalk
or ground surface described for base point 1 is more than 10 ft above
lowest grade.
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Figure 19.202.2.B.1 Base Point Measurement
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Base Point #1
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Base Point #2
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2.
Top of Building
The top of building shall be determined based on the specific
roof types listed below. See Figure 19.202.2.B.2.
a.
Flat roof: Measure to the top of the parapet or, if there is
no parapet, to the highest point of the roof. If a roof includes multiple
flat roofs at different elevations, measure to the top of the highest
parapet or highest point of the highest roof.
b.
Mansard roof: Measure to the deck line.
c.
Pitched, hipped, or gambrel roof where roof pitch is 12/12 or
less: Measure to the average height of the highest gable.
d.
Pitched or hipped roof with a pitch steeper than 12/12: Measure
to the highest point.
e.
Gambrel roof where both pitches are steeper than 12/12: Measure
to the highest point.
f.
Other roof shape, such as domed, vaulted, or pyramidal: Measure
to the highest point.
g.
Stepped or terraced building: Measure to the highest point of
any segment of the building.
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Figure 19.202.2.B.2 Top of Building Measurement
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C.
Exterior Height of Accessory Structures
The exterior height of an accessory structure is the vertical
distance above the average of the highest and lowest points of finished
grade, within a 10-ft horizontal Distance from the base of the building,
and the top of a building described in SubSection 19.202.B.2.
A.
Existing Trees
Existing trees are measured at a height 4.5 ft above the mean
ground level at the base of the tree, also sometimes referred to as
"diameter at breast height." Trees on slopes are measured from the
ground level on the lower side of the tree. If a tree splits into
multiple trunks below 4.5 ft above ground level, the diameter is measured
at its most narrow point below the split.
B.
New Trees
New trees are measured in caliper inches, which is the diameter
of the trunk 6 in above the mean ground level at the base of the tree.
Minimum required and maximum allowed dwelling unit density will
be calculated as described below, except that residential cluster
development on lands containing natural resource areas are subject
to the density calculations in Subsection 19.402.14.C. The purpose
of these calculations is to ensure that properties develop at densities
consistent with the densities in the Comprehensive Plan. The area
deductions for minimum required density allow properties to utilize
land that can be built upon. The area deductions for maximum allowed
density include sensitive lands where development should be avoided.
A.
Gross Area
The gross area of a lot is measured in sq ft and is determined
by a registered professional land surveyor or with data from the Clackamas
County Assessor's Office.
B.
Rounding
The results for minimum required and maximum allowed dwelling
unit density are rounded based on a fraction that is truncated to
2 numbers past the decimal point. For example, 3.4289 is truncated
to 3.42. Where a minimum density calculation results in a fraction
that is 0.50 or above, the fraction is rounded up to the next whole
number. Where a minimum density calculation results in a fraction
that is less than 0.50, the fraction is rounded down to the preceding
whole number. Where a maximum density calculation results in a fraction
that is less than 0.75, the fraction is rounded down to the preceding
whole number.
C.
Discrepancy between Minimum Required and Maximum Allowed Density
If the calculation results are that minimum density is equal
to maximum density, then the minimum required density is reduced by
one. If the calculation results are that minimum density is larger
than maximum density, then the minimum required density is reduced
to one less than the maximum. If the calculation results are that
the maximum density calculation is equal to zero, then the minimum
density is one.
D.
Minimum Density
1.
Deductions to Calculate Net Area
The following areas, measured in sq ft, are subtracted from
the gross area to determine the net area. The net area calculation
is rounded to the nearest whole number.
a.
Floodways, as determined by Federal Emergency Management Agency
flood maps.
b.
Right-of-way dedications for new right-of-way or expansion of existing rights-of-way, as required in Chapter 19.700.
c.
Open space or parkland that will be publically owned or open
space owned in common by owners within the residential development.
2.
Density Calculation
The minimum number of dwelling units required is calculated by dividing the net area by 43,560 sq ft to convert the area to acres, then by multiplying the acreage by the minimum required dwelling unit density in the applicable base zone in Chapter 19.300.
3.
Constrained Lands
Regardless of the density calculation described above, any legal
lot that meets the standards of Subsection 19.501.1 is allowed at
least one dwelling unit.
E.
Maximum Density
1.
Deductions to Calculate Net Area
The following areas, measured in sq ft, are subtracted from
the gross area to determine the net area. The net area calculation
is rounded to the nearest whole number.
a.
1% Annual Chance Flood areas (also called the 100-Year Floodplain),
as determined by Federal Emergency Management Agency flood maps.
b.
Right-of-way dedications for new right-of-way or expansion of existing rights-of-way, as required in Chapter 19.700.
c.
Open space or parkland that will be publicly-owned or open space
owned in common by owners within the residential development.
d.
Naturally occurring slopes in excess of 25%.
e.
Man-made slopes (grades that are the result of human activity
rather than natural causes) in excess of 25% with both a horizontal
measure over 40 ft and an elevation change more than 10 ft over that
horizontal distance.
The area of a building façade is the sum of all wall
areas above grade that are visible on one side of a building. The
following areas are excluded: roof areas; the wall area of a horizontal
or vertical offset that is perpendicular to the primary orientation
of the façade; and gable ends below the ridge of the roof and
above the eave line. The wall area of a dormer is not exempt.
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Figure 19.202.5 Façade Area
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