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:
"Abandonment"
means wireless communication facility is abandoned when it has not been used by a licensed carrier for a period of 6 months.
"Abutting"
means sharing a common boundary or property line.
"Access"
means the way or means by which pedestrians, bicycles, and vehicles enter and leave property.
"Accessory parking"
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.
"Accessory structure or accessory use"
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.
"Accessway"
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.
"Accidental destruction"
means damage or destruction caused by accident or natural hazard, including, but not limited to, fire, flood, or wind.
"Adult entertainment business"
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.
"Adjacent"
means touching; across a public right-of-way from; across an easement from; across a stream or creek from.
"Agriculture"
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.
"Airport" or "aircraft landing facility"
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.
"Alley"
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.
"Allowed by right"
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.
"Alteration"
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."
"Antenna"
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.
"Antenna support structure"
means a structure on which a wireless antenna is or may be placed.
A. 
"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.
B. 
"Existing support structure"
means any support structure existing at the time of the application.
"Application"
means all forms, materials, and information required for submittal for action authorized under this title.
"Arbor"
means an unroofed and unenclosed structure of vines, branches, or latticework typically used to support climbing vines or shrubs.
"Automobile service station"
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.
"Awning"
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.
"Balcony"
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.
"Baluster"
means a vertical supporting element, similar to a small column.
"Balustrade"
means a complete railing system, including a top rail, balusters, and sometimes a bottom rail.
"Bankful stage"
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."
"Basement"
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.
"Bed and breakfast"
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.
"Belfry"
means an ornamental or functional roof-mounted structure for enclosing a bell.
"Belvedere"
means an architectural feature of a building designed to create views from the building.
"Bicycle facility"
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.
A. 
"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.
B. 
"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.
C. 
"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.
D. 
"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.
"Buffer area"
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.
"Building"
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.
"Building height"
means the exterior vertical measurement of a building.
"Building line"
means a line that coincides with the front side of the main building.
"Build-to line"
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.
"Canopy"
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.
"Carport"
means a stationary structure consisting of a roof, its supports, and not more than one wall (or storage cabinets substituting for a wall) used to shelter motor vehicles, recreational vehicles, or boats.
"Cellar"
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.
"Change in use"
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."
"City"
means the City of Milwaukie, Oregon.
"Colocation"
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.
"Commercial recreation"
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.
"Commercial vehicle"
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.
"Contract purchaser"
means the party identified as the buyer in a land contract that is in force and is recorded with Clackamas County.
"Constructed wetlands"
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.
"Corridor design plan"
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.
"Cupola"
means an ornamental or functional structure placed on a roof or dome mimicking or functioning as a lantern, belfry, or belvedere.
"Curb return"
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.
"Day-care center"
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.
"Debris"
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.
"Designated natural resource"
means any "water quality resource" or "habitat Conservation area" as defined in Section 19.201 and established in Section 19.402.
"Department of environmental quality (DEQ) water quality standards"
means the numerical criteria or narrative condition needed in order to protect an identified beneficial use.
"Developer's agreement"
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.
"Development"
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.
"Development permit"
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.
"Direct stormwater discharge"
means stormwater that does not infiltrate before reaching a designated natural resource.
"Discontinued or abandoned use"
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.
"Disturb"
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.
"Dormer"
means a projecting structure built out from a sloping roof usually containing a window.
"Downed tree"
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.
"Downtown zones"
means the 2 zones that implement the Milwaukie Downtown and Riverfront Land Use Framework Plan—Downtown Mixed Use (DMU) and Open Space (OS).
"Drinking establishment"
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.
"Drive-through facility"
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.
"Driveway"
means the portion of the accessway located on private property or public lands outside of the public right-of-way.
"Driveway approach"
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.
"Eating establishment"
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.
"Eave"
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.
"Emergency"
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.
"Enhancement"
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.
"Equipment cabinets"
means an enclosed box or structure used to house equipment for the operation, maintenance, or repair of a wireless communication antenna.
"FAA approval"
means demonstration of compliance with all applicable rules and regulations under the FAA's jurisdiction.
"Façade"
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.
"Family"
means any person or group of persons living within a single housekeeping unit as defined in this chapter.
"Family child care home"
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.
"Family day care"
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.
"Fence"
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.
A. 
"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%.
"Flood management areas"
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.
"Floodway"
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.
"Floodway fringe"
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.
"Floor area"
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:
Uncovered steps or fire escapes.
Private garages, carports, or unenclosed porches.
Accessory water towers or cooling towers.
Accessory off-street parking or loading spaces.
"Floor area ratio"
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.
"Footprint"
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.
"Foster home"
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.
"Fowl"
means chickens, ducks, geese, turkeys, and other birds of a similar size.
"Frontage"
means the portion of a property that abuts a public or private street.
"Frontage improvements"
means transportation facility improvements occurring along a property's frontage. See also "improvements."
"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 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.
"Garage"
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.
A. 
"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.
Grade:
A. 
"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.
"Green street"
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.
"Greenway areas"
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.
"Ground floor"
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.
"Guyed tower"
means a tower which is supported by the use of cables (guy wires).
"Habitat conservation area (HCA)"
means any significant Goal 5 wetland, riparian area, and fish and wildlife habitat, as established in Section 19.402.
"Half street"
means transportation facility improvements equal to half of a street design cross section plus enough additional roadway pavement for at least 2 travel lanes.
"Hazardous materials"
means materials defined by the Oregon Department of environmental Quality as hazardous.
"High-impact commercial businesses"
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.
"High-impact nonconforming use"
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.
"Home occupation"
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.
"Horticulture"
means the cultivation of plants, garden crops, trees, or nursery stock.
"Hotel"
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.
"Housekeeping unit"
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.
Improvements:
A. 
"Off-site improvements"
means all public facility improvements occurring off the site and not along the site's frontage.
B. 
"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."
Institution:
A. 
"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.
B. 
"Higher educational institution"
means a college or university, accredited by the State.
"Interior landscaping"
means area(s) internal to a lot that is(are) devoted to buffer area(s) with plantings.
"Invasive nonnative or noxious vegetation"
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.
"Junkyard"
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.
"Kennel"
means any lot or premises on which 4 or more dogs, more than 4 months of age, are kept.
"Kitchen facility"
means an area in which something is built, installed, or established to prepare food for eating by a heating process.
"Landscape strip"
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.
"Landscaping"
means vegetation and materials, including, but not limited to, shrubs, grass, trees, planting beds, and bark dust.
"Lantern"
means a superstructure crowning a roof or dome having open or windowed walls to let in light and air.
"Lattice tower"
means a tower characterized by an open framework of lateral cross members, which stabilize the tower without the use of guy wires.
"Lease area"
means the area of a parcel on which wireless communication facilities, antennas, and equipment buildings are located.
"Limited use"
means a use that is permitted subject to specific limitations as described in the Zoning Ordinance.
"Livestock"
means domestic animals, such as cattle, horses, sheep, hogs, or goats, raised for home use (such as meat, milk, or shearing) or for profit.
"Live/work unit"
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.
"Loading space"
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.
"Lot"
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.
A. 
"Back lot"
means a lot that does not have frontage on a public street, typically accessed via an easement over another property.
B. 
"Corner lot"
means a lot abutting 2 or more streets, other than an alley, at their intersection.
C. 
"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.
D. 
"Interior lot"
means a lot other than a corner lot.
E. 
"Legal lot"
means a unit of land other than a tract created through a subdivision or partition approved by the City.
F. 
"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.
G. 
"Through lot"
means an interior lot having frontage on 2 streets.
Figure 19.201-1 Lots and Lot Lines
-Image-16.tif
"Lot coverage"
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.
"Lot depth"
means the average horizontal distance between the front lot line and the rear lot line.
"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.
A. 
"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.
B. 
"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.
C. 
"Side lot line"
means any lot line not a front or rear lot line.
Figure 19.201-2 Rear Lot Line
-Image-17.tif
"Lot width"
means the horizontal distance between side lot lines measured at the Building line.
Figure 19.201-3 Lot Width
-Image-18.tif
"Low-impact nonconforming use"
means any use that is a nonconforming residential use in any zone.
"Major pruning"
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.
"Maneuvering area"
means an area on a site over which vehicles travel between a parking space and the street.
"Manufactured dwelling park"
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.
"Marijuana business"
means a state-licensed business involved in the production, processing, warehousing, testing, research, or sale of marijuana or marijuana-derived products.
"Marijuana processor"
means a state-licensed business that processes, compounds, transforms, or converts marijuana into other marijuana products including concentrates, extracts, or edible products.
"Marijuana production"
means planting, cultivating, growing, or harvesting of marijuana for sale or processing as a legal, state-licensed business.
"Marijuana retailer"
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.
"Medical marijuana facility"
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.
"Minimum vegetation"
means the area of a lot that supports vegetation, including planting areas under roof eaves, expressed as a percentage of the total lot area.
"Mixed use"
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.
"Monopole"
means a single upright pole engineered to be self-supporting without lateral cross supports or guy wires and used as an antenna support structure.
"Motel"
means one or more commercial buildings designed or used as temporary living quarters for transients.
"Native vegetation or native plant"
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.
"Net acre"
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.
"New construction"
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.
"Nonconforming development"
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.
"Nonconforming use"
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.
Office:
A. 
"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.
B. 
"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.
"Off-street parking"
means space located outside of any street right-of-way that is designed to accommodate the parking of motorized and nonmotorized vehicles.
"Open space"
means any parcel of land or portion of a parcel without a structure, except as used and defined in the Planned Development Zone.
"Ordinary mean high water line"
means the elevation on the bank or shore to which Water ordinarily rises in season.
"Ordinary mean low water line"
means the line on the bank or shore to which water ordinarily recedes in season; synonymous with mean low water.
"Owner"
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.
"Parapet"
means a low wall, located at the top of any sudden drop, such as at the top of the façade of a building.
"Parking facility"
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.
"Parking space"
means an area meeting the dimensions of Chapter 19.600 that is available for the parking of an automobile.
"Perennial streams"
means all primary and secondary perennial waterways mapped by the U.S. Geological Survey.
"Pergola"
means an unenclosed and unroofed structure of parallel columns supporting an open roof of beams and crossing rafters or trelliswork.
"Perimeter landscaping"
means an area around the edge of a lot that is devoted to a buffer area with plantings.
"Person"
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.
"Personal/business services"
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.
"Physical characteristics"
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.
"Planning manager"
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.
"Planning director's interpretation"
means a ruling of the Planning Director regarding the applicability, scope, or effect of any provision of Titles 14, 17, and this title.
"Plaza"
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.
"Pleasure craft"
means a motorized or nonmotorized boat, canoe, kayak, or other similar vessel that is used for private aquatic recreational uses.
"Postconstruction erosion control"
means reestablishing groundcover or landscaping prior to the removal of temporary erosion control measures.
"Poultry"
means domestic fowl, such as chickens, turkeys, ducks, or geese, raised for flesh or eggs.
"Practicable"
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.
"Preapplication conference"
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.
"Prefabricated construction"
(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.
"Primary building entrance"
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.
"Protected water feature"
means the following:
"Primary protected water feature"
means and includes any of the following:
Title 3 wetlands.
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).
Streams carrying year-round flow.
Springs which feed streams and wetlands and have year-round flow.
Natural lakes.
A. 
"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.
"Psilocybin-related business"
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.
"Public area requirements"
means specific standards for streets, sidewalks, and public spaces adopted to implement the Downtown and Riverfront Land Use Framework Plan.
"Public facilities"
means transportation and public utility improvements as described below.
A. 
"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.
B. 
"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."
"Public park"
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.
"Railroad facilities"
means railroad switching yards, terminal structure, railroad tracks, or any other facilities connected with railroads which generate substantial noise or nuisance.
"Recreational vehicle"
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.
"Religious institution"
means a structure used by a religious organization having a taxexempt status.
Residential uses and structures:
A. 
"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.
B. 
"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.
C. 
"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.
D. 
"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.
E. 
"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.
F. 
"Cooking facility"
means an oven, stove, range, or other device used or intended for the preparation or heating of food.
G. 
"Cottage"
means an individual dwelling unit that is part of a cottage cluster, per Subsection 19.505.4.
H. 
"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.
I. 
"Cottage cluster project"
means a development site with one or more cottage clusters constructed, or proposed to be constructed.
J. 
"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.
K. 
"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.
L. 
"Middle housing"
means duplexes, triplexes, quadplexes, cottage clusters, and townhouses.
M. 
"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.
N. 
"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.
O. 
"Plex development"
means a duplex, triplex, or quadplex.
P. 
"Quadplex"
means 4 dwelling units on a lot or parcel in any configuration.
Q. 
"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.
R. 
"Residential trailer"
means a manufactured dwelling that was constructed prior to January 1, 1962.
S. 
"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.
T. 
"Single detached dwelling"
means a structure, or manufactured home, containing one dwelling unit with no structural connection to adjacent units.
U. 
"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.
V. 
"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.
W. 
"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.
X. 
"Triplex"
means 3 dwelling units on a lot or parcel in any configuration.
Y. 
"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.
"Restoration"
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.
"Retail trade"
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.
"Right-of-way"
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."
"Riparian"
means those areas associated with streams, lakes, and wetlands where vegetation communities are predominately influenced by their association with water.
"Roadway"
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.
"Rooming house."
See "Boarding house."
"Routine repair and maintenance"
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."
School:
A. 
"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.
B. 
"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.
"Second-floor housing"
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).
"Shared parking"
means the same off-street parking area is identified by one or more uses for the parking needs of employees, customers, and/or residents.
"Sidewalk"
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.
"Side yard height plane"
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.
Figure 19.201-4 Side Yard Height Plane
-Image-19.tif
"Solar energy system"
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.
"Specified anatomical areas"
means and includes any of the following:
Less than completely and opaquely covered genitals, pubic region, buttock, anus, or female breast below a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activities"
means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of the activities set forth in the first three bullet points of this definition.
"Stealth design"
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.
"Steep slopes"
means slopes that are equal to or greater than 25%.
"Stormwater facility" or "stormwater pretreatment facility"
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.
"Story"
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.
A. 
"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.
"Stream"
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.
"Street"
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.
"Street classification" or "functional street classification"
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.
"Street-facing façade"
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.
Figure 19.201-5 Street-Facing Façade
-Image-20.tif
"Street network"
means individual streets that are physically connected to one another and that collectively serve travel needs on a local, citywide, and regional level.
A. 
"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.
B. 
"Through street"
means a street that connects to other streets on both ends.
"Street stub"
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.
"Street tree"
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.
"Structure"
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.)
"Structured parking"
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.
"Temporary or transitional facility"
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.
"Terrace"
means an outdoor extension of a building, situated above the ground level, and open to the sky.
"Title 3 wetlands"
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).
"Tower"
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.
"Traffic management"
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.
"Transient occupancy"
means a period of occupancy that does not exceed 30 days.
"Transit stop"
means a site designated by TriMet as the location at which a TriMet bus or light rail train will accept or discharge passengers.
"Transit street"
means a street with existing transit service operating at 20-minute-or-less peak hour frequency.
"Transition area"
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.
"Tree"
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.
"Trellis"
means an unenclosed and unroofed vertical frame supporting open latticework used as a screen or support for growing vines or other plants.
"Turnaround"
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.
"Usable open space"
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.
"Use"
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."
"Utility facilities"
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.
"Vacation rental"
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.
"Vegetated corridor"
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.
"Vegetation"
means plantings or natural growth including trees, grass, shrubs, and other similar vegetated groundcover.
"Vehicle"
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.
"Walkway"
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.
"Water quality resource (WQR)"
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:
A. 
"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.
B. 
"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.
"Watershed"
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.
"Wetlands"
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.
"Wind energy system"
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.
"Wireless communication facility (WCF)"
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:
Antennas
An antenna support structure
An equipment cabinet
"Yard"
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.
A. 
"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.
B. 
"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.
C. 
"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.
D. 
"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.
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. 2243, 5/21/2024)
(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.
Figure 19.202.2.B.1 Base Point Measurement
 
Base Point #1
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.
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.
2. 
Density Calculation
The maximum number of dwelling units allowed 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 maximum allowed dwelling unit density in the applicable base zone in Chapter 19.300.
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.
Figure 19.202.5 Façade Area
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