Chapter 17.05
PURPOSE AND DEFINITIONS
Sections:
17.05.010 Title.
This title shall be known as the city of Rogue River zoning ordinance. [Ord. 23-418-O § 124 (Exh. A-4)].
17.05.020 Purpose.
The purposes of this title are to encourage the most appropriate use of land; to conserve and stabilize the value of property; to facilitate fire and police protection; to provide adequate open space for light and air; to minimize congestion on streets; to promote orderly growth of the city; to prevent undue concentrations of population; to facilitate adequate provision of community facilities; and to promote in other ways public health, safety, convenience, and general welfare. [Ord. 23-418-O § 124 (Exh. A-4)].
17.05.030 Definitions.
As used in this title:
“Access” means the way or means by which pedestrians and vehicles enter and leave property.
“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.
“Accessway” means a walkway that provides pedestrian and bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved, or marked in a manner that provides convenient access for pedestrians.
“Administrative permit” means a permit issued by the staff and/or the planning commission which does not generally require review at a public hearing.
“Agent” means one who acts for or in the place of another by authority from him as stated in a notarized attorney-in-fact statement.
“Agriculture” means the use of land for crop and tree farming, including agriculture, horticulture, floriculture, viticulture, nurseries and greenhouses, and the necessary uses for storing produce that is incidental to the normal agriculture activity.
“Alley” means a public or private way which affords only a secondary means of access to abutting property.
“Bed and breakfast establishment” means any owner-occupied establishment in a residential district having rooms rented or kept to rent to travelers or transients for a charge or a fee, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
“Beverage” means a liquid for drinking that does not contain alcohol.
“Bicycle and pedestrian routes that are safe and convenient” means:
1. Reasonably free from hazards; and
2. Provides a reasonably direct route of travel between destinations, considering that the optimum travel distance is one-half mile for pedestrians and three miles for bicyclists.
“Bicycle facilities” means a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
“Bikeway” means any road, path, or way that is in some manner specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. The five types of bikeways are:
1. Multi-Use Path. A paved 10- to 12-foot-wide way that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users.
2. Bike Lane. A four- to six-foot-wide portion of the roadway that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
3. Shoulder Bikeway. The paved shoulder of a roadway that is four feet or wider; typically shared with pedestrians in rural areas.
4. Shared Roadway. A travel lane that is shared by bicyclists and motor vehicles.
5. Multi-Use Trail. An unpaved path that accommodates all-terrain bicycles, typically shared with pedestrians.
“Boarding and rooming houses” means a dwelling or part thereof, other than a hotel or motel, where lodging with or without meals is provided for compensation for not more than six persons.
“Care provider” means the person who has the responsibility of taking care of an individual under an administrative permit approved by the staff and/or planning commission.
“Carport” means a roofed structure open on at least two sides and used for the storage of vehicles.
“Church” means a place of worship and religious training, but not including parochial or private schools, kindergartens, nursery schools, or day nurseries.
“City council” means the city council of Rogue River, Oregon.
“City council approval” means the action of the city council, which is final as stated in this title.
“Commission” or “planning commission” means the planning commission of Rogue River, Oregon.
“Comprehensive plan” means the official generalized, coordinated policy statement which interrelates all functional and natural systems and activities relating to the use of lands within the city of Rogue River and within the urban growth boundary.
“Comprehensive plan map” means the land use map which designates the general future land uses within the city of Rogue River and within the urban growth boundary.
“Conditional use permit” means an authorization for land use subject to conditions enumerated and approved by the planning commission in conformance with Chapter 17.100 RRMC.
“Congregate care” means a facility offering supportive services to elderly, handicapped and temporarily disabled as needed for independent living.
“Constrained slopes” means areas where the slope of the land is between 15 percent and 35 percent or greater.
“Corner clearance” means the distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.
“County” means Jackson County, Oregon.
“Cross access” means a service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.
“Development agreement” means a contract between a developer and the city listing conditions that are deemed necessary.
“District” or “zone” means a portion of the city of Rogue River within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.
“Durable surface” means a hard surface suitable for parking and maneuvering of vehicles. Traditionally defined as asphaltic concrete and concrete, newer pervious and permeable products designed to mitigate environmental concerns can also be acceptable for this purpose.
“Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common.
“Dwelling, multifamily” means a building containing three or more dwelling units.
“Dwelling, single-family” means a building containing one dwelling unit.
“Dwelling, two-family” means a building containing two dwelling units.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or fewer persons.
“Easement” means an interest in land owned by another that entitles its holder to a specific limited use.
“Existing zoning map” means the map which identifies the current location and boundaries of the zones identified in Chapters 17.15 through 17.55 RRMC.
“Family day care provider” means a day care provider which accommodates fewer than 16 children, including children of the provider, regardless of full-time or part-time status.
“Flag lot” means a panhandle-shaped lot or parcel with its widest area set back some distance from a road, and having a narrow strip of land connecting to that road to provide legal access. A “flag-pole” is the narrow strip portion of the lot used for access to a road.
“Food” or “foodstuff” means any substance defined as a raw, cooked, or processed edible substance, ice, beverage, or an ingredient used or intended for use or sale in whole or in part for human consumption, including chewing gum.
“Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.
“Foster home” means any family home or facility in which residential care is provided for five or fewer adults who are not related to the provider by blood or marriage.
“Functional area (intersection)” means that area beyond the physical intersection of two roads that comprises decision and maneuver distance, plus any required vehicle storage length.
“Future zoning map” means the map which identifies the location and boundaries of the zones which will implement the comprehensive plan.
“Garage” means an enclosed building or portion of a building in which vehicles are stored or kept.
“Geologic assessment” means a report prepared by a geological expert which details the surface and subsurface conditions of a site, delineates areas of the property that may be subject to specific geologic hazards, and furnishes professional analysis of information to assess the suitability of the site for development. The geologic assessment may be incorporated into or included as an appendix to the geotechnical report.
“Geotechnical expert” means an Oregon geotechnical engineer, engineering geologist or Oregon registered professional engineer, who by training, education and experience is qualified in the practice of geologic and soils engineering practices.
“Geotechnical report” means a report prepared and stamped by a geotechnical expert, evaluating the site conditions and recommending design and mitigation measures necessary to reduce the risk associated with development, in constrained slope or steep slope areas, and to facilitate a safe and stable development.
“Grade (ground level)” means the average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation opposite the center of the wall shall constitute the ground elevation.
“Home occupation” means a use conducted entirely within a building, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and which complies with RRMC 17.65.140.
“Hospital” means any institution, place, building or agency which maintains and operates organized facilities for the care of six or more persons for the diagnosis, care, and treatment of human illness, and to which persons can be admitted for overnight stay or longer periods.
“Hotel” or “motel” means any building or portion thereof containing six or more guest rooms or units, furnishing customary hotel/motel services, such as linen and maid service, and the use and upkeep of furniture.
“Joint access” or “shared access” means a driveway connecting two or more contiguous sites to the public street system.
“Kennel” means any lot or premises on which four or more dogs at least six months of age are kept, boarded or trained, whether in special buildings or runways or not.
“Lot” means a parcel or tract of land used or capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation.
“Lot line” means any line bounding a lot as herein defined.
“Lot line, front” means the property line separating a lot or parcel from the street.
“Lot line, rear” means a lot line not abutting a street which is opposite and most distant from the front lot line.
“Lot line, side” means a lot line not a front lot line or a rear lot line.
“Lot of record” means a lot held in separate ownership as shown on the records of the county records at the time of the passage of the ordinance establishing the zoning district in which the lot is located.
“Lot width” means the average width of the lot.
“Manufactured dwelling” means a structure transportable in one or more sections, each built on a permanent chassis, and which is designed to be used for permanent occupancy as a dwelling unit. Manufactured dwellings are: (1) residential trailers constructed before January 1, 1962; (2) mobile homes constructed between January 1, 1962, and June 15, 1976, which met Oregon construction standards then in effect; and (3) manufactured homes constructed to federal standards.
“Manufactured dwelling park” means any place where three or more manufactured dwellings are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be free in connection with securing the trade or patronage of such person. A mobile home park is the same as a manufactured dwelling park. A manufactured dwelling park is a place for manufactured dwellings which are used only for residential purposes and does not provide accommodations for short-term occupancies. Travel trailers and other recreational vehicles will be accommodated in recreational vehicle parks.
“Medical, dental or optical clinics” means the facility for examining, consulting and treating patients, including offices, laboratories and outpatient facilities, but not including hospital beds for overnight care or treatment.
“Mobile business” means the sale, display, solicitation or offer for sale, barter, exchange, gift or other distribution of merchandise from any vending vehicle or nonmotorized cart.
“Mobile food merchant” means any individual that operates or assists in the operation of a vending vehicle in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise of foodstuff from a vending vehicle.
“Mobile food vending” means the sale, display, solicitation or offer for sale, barter, exchange, gift or other distribution of foodstuff from any vending vehicle or nonmotorized cart.
“Mobile vending” means services conducted from any self-propelled, motorized device by which any person or property may be propelled or moved, including but not limited to mobile carts, trucks, vans, buses, trailers, etc., upon a city street.
“Nonconforming access features” means features of the property access that existed prior to the date of adoption of the ordinance codified in this title and do not conform with the requirements of this title.
“Nonconforming structure or use” means a lawful structure or use existing at the time the ordinance codified in this section or any amendment thereto becomes effective and not conforming to the requirements of the zone in which it is located.
“Off-street parking” means a paved, open area, other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
“Outdoor advertising structure” means any sign that is not on the same property or premises as the activity, service, business or product which it advertises, identifies, directs or refers.
“Owner” means a person or entity holding title to the property; also includes an authorized agent of the owner as provided for in a notarized attorney-in-fact statement.
“Parochial or private school” means an educational institution, licensed or regulated by the state of Oregon, which provides a curriculum substantially equivalent to a public school.
“Pedestrian facilities” means a general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, accessways, crosswalks, ramps, paths, and trails.
“Planned unit development” means a land development project comprehensively planned as an entity via a unified site plan which permits flexibility in building siting, mixtures of building types and land uses (provided those land uses are permitted in the underlying zone), usable open spaces and the preservation of significant natural features. Planned unit developments must comply with Chapter 16.35 RRMC and may include subdivisions or partitions.
“Prepackaged food” means any food properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source.
“Professional office” means offices which deal primarily in professional services, including but not limited to medical, engineering and architectural, law, accounting, bookkeeping, and brokerage offices; and in which goods, wares, or merchandise are not commercially created, sold, or exchanged.
“Public school” means a school operated by a public school district.
“Reasonable access” means the minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this title and any applicable plans and policies of the city of Rogue River.
“Reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.
“Recreational vehicle” means a vehicle with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes, and has a gross floor area not exceeding 400 square feet in the set-up mode. Use of a recreational vehicle for permanent residency is prohibited.
“Recreational vehicle camp site” means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreation vehicle, tent, or other individual camping unit on a temporary basis, for the purpose of recreation or vacation. Use of a recreational vehicle/camp site for permanent residency is prohibited.
“Recreational vehicle park” means a parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Use of a recreational vehicle park for permanent residency is prohibited.
“Residential care facility” means a residential facility that provides for six or more physically disabled or socially dependent individuals and their staff.
“Rest, nursing or convalescent home” means a facility providing care and minor treatment for six or more persons under the direction of a physician, licensed by the state of Oregon.
“School” means any private or public preschool, day care, elementary school, middle school, junior high school, four-year high school, senior high school, continuation high school, or any branch thereof.
“Setback” means the distance from a right-of-way or easement boundary of a public or private road, other easement or from lot line to any point of a building.
“Sign” means any writing, video projection, illumination, pictorial representation, illustration, decoration, emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that:
1. Is a structure or any part thereof (including the roof or wall of a building); or
2. Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a structure or an outdoor screen or monitor, or a board, plate, canopy, awning, marquee, or a vehicle, or upon any material object, device, or surface whatsoever; and
3. Communicates or is designed to communicate on any subject whatsoever.
“Site design review” means an authorization for land use subject to conditions enumerated and approved by staff and/or the planning commission in conformance with Chapter 17.115 RRMC.
“Special event” means fundraising events conducted by nonprofit organizations to promote the city and allow licensed commercial businesses to sell and advertise their products in an organized layout as approved by the city. Special events generally follow a particular theme, such as cultural or holiday themes, sports or program themes, related to the purpose of the event, and draw from local and regional populations.
“Steep slopes” means areas where the slope of the land is 35 percent or greater.
“Street” means the entire width between the right-of-way lines of every way for vehicular and pedestrian traffic and includes the terms “road,” “highway,” “lane,” “place,” “avenue,” and other similar designations.
“Structure” means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.
“Substantial enlargements or improvements” means a 10 percent increase in existing square footage or 50 percentage increase in assessed valuation of the structure.
“Temporary structure” means any type of structure that is in service less than 180 days.
“Text” shall mean the written portion of this title, excluding maps.
“Unconstrained slope” means areas where the slope of the land is less than 15 percent.
“Urban growth boundary” means a line upon the official comprehensive plan map for the city of Rogue River which delineates or surrounds urbanizable lands determined to be necessary and suitable for future urban areas.
“Variance” means an authorization for land use which does not strictly comply with the land use ordinances and/or is granted because of particular contour of the land, other similar usages within the same area, and because of hardship involved with strict compliance of the code. A variance is intended to give the property owner equal use of his property as that enjoyed by other property owners in the same zone, as authorized by Chapter 17.105 RRMC.
“Vehicle and equipment storage yard” means an area enclosed by a sight-obscuring fence, within which vehicles are stored for a fee.
“Vending operations” means the sale, display, solicitation, offer for sale, barter, exchange or merchandising of foodstuff from a vending vehicle.
“Vending vehicle” means any self-propelled, motorized device by which any person or property may be propelled or moved, including, but not limited to, mobile carts, trucks, vans, buses, trailers, etc., upon any public or publicly owned property.
“Veterinary clinic” means a facility, with or without outside runs, for the diagnosis, treatment or hospitalization of animals, including, but not limited to, dogs, cats, birds, cows and horses; and does not include boarding animals other than those being treated.
“Walkway” means a hard-surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
“Yard” means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed by any structure from the ground upward.
“Yard, front” means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
“Yard, rear” means an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
“Yard, side” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward. [Ord. 23-418-O § 124 (Exh. A-4)].