Chapter 1.2
DEFINITIONS Revised 10/18 Revised 1/19

A

Abutting means adjoining with a common boundary line, except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures eight feet or more in a single direction.

Access means a way or means of approach to provide pedestrian, bicycle or motor vehicular entrances or exits to a property or street.

Access corridor means a separate travel way for pedestrians and bicyclists to minimize travel distances within and between subdivisions, planned unit developments, residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools, parks, and convenience shopping. The following are typical types of access corridors:

1.    Multi-use path means a paved way (typically 10 to 12 feet wide) that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users. See also: “Connector multi-use path,” “Primary multi-use path.”

2.    Bike lane means a portion of the roadway (typically four to six feet wide) that has been designated by permanent striping and pavement markings or signage for the exclusive use of bicycles.

3.    Shoulder bikeway means the paved shoulder of a roadway that is four feet or wider; typically shared with pedestrians in areas without curbs and sidewalks.

4.    Shared roadway means a travel lane that is shared by bicyclists and motor vehicles.

5.    Multi-use trail means an unpaved path that accommodates all-terrain bicycles; typically shared with pedestrians.

Accessible means approachable and usable by people with disabilities; compliance with the Federal Americans with Disabilities Act.

Accessible parking means a parking site that meets all Federal, State and local requirements, whichever is the more strict.

Accessible parking space means a space designed to provide parking area for a motor vehicle, owned by a person who has a condition of physical or mental disability that limits one or more major life activities as specified in Section 504 of the Federal Rehabilitation Act of 1973, Americans with Disabilities Act, and State law, and whose vehicle displays a current State-issued disabled person license plate or disabled person parking permit. Also referred to as a “handicapped parking space.”

Accessory dwelling unit means a small, secondary dwelling unit on a lot or parcel with a single-family dwelling unit as a primary use.

Accessory Use/Accessory Structure. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot.

ADAAG means Americans with Disabilities Act Accessibility Guidelines.

Adjacent means abutting or located directly across a street right-of-way.

Affected person means any person adversely affected or aggrieved by a decision relating to the development actions covered by the City of Bend Development Code.

Affordable housing means housing with a sales price or rental amount that is within the means of a household that may occupy moderate- and low-income housing. Unless otherwise specified, affordable housing must meet one of the thresholds defined below in subsections (1) and (2) of this definition.

1.    In the case of dwelling units for sale, “affordable” means housing in which the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of such gross annual household income for a family at 80 percent of the area median income, based upon most recent HUD Income Limits for the Bend Metropolitan Statistical Area (Bend MSA).

2.    In the case of dwelling units for rent, “affordable” means housing for which the rent and utilities constitute no more than 30 percent of such gross annual household income for a family at 60 percent of the area median income, based upon most recent HUD Income Limits for the Bend MSA.

Agent means any person who represents or acts for any other person in disposing of interests in a land development.

Agricultural building or equine facility means buildings and structures that are exempt from the State of Oregon Structural Specialty Code as agricultural buildings and equine facilities as described in ORS 455.315. A structural building permit is not required for agricultural buildings or equine facilities located on the same lot or parcel receiving special assessment for farm use.

Agriculture. See “Farming or farm use.”

Airport or aircraft landing facility means any landing area, runway, landing pad, or other facility designed, used or intended to be used by aircraft, including helicopters, and including all necessary taxi-ways, hangars and other necessary buildings and open spaces.

Alley means a public or private narrow way serving more than one lot or parcel primarily for vehicular access to the back or side of properties.

Annexation means the process by which a municipality, upon meeting certain requirements, expands its corporate limits.

Annexation agreement means a written agreement between the City and owners of land requesting annexation that states the terms, conditions and obligations of the parties to extend public facilities and public services and mitigate public facility and public service impacts to the City associated with the annexation and future development of the property. The agreement may be used to ensure annexation is consistent with the Bend Comprehensive Plan, area plans and/or master plans.

Annexation contract means a contract between a city and a landowner containing the landowner’s consent to eventual annexation of the landowner’s property in return for extraterritorial services. The contract will be recorded and will be binding on all successors with an interest in that property.

Apartment. See “Multifamily residential.”

Appeal means to make a formal challenge to an official decision.

Applicant means a person submitting an application; the owner of affected property, or the owner’s duly authorized representative. The Development Services Director may require proof of the sufficiency of the representative’s authorization by the owner to act as applicant on the owner’s behalf.

Application means all materials and information submitted for action authorized under this code and on related administrative forms and checklists.

Arcade means (1) a range of arches carried on piers or columns, either freestanding or blind, i.e., attached to a wall; (2) a covered passage with shops on one or both sides; (3) an exterior covered passageway along a building facade open to the street frontage.

Architrave means the lintel extending from one column or pier to another or the lowest of the three main parts of an entablature.

Area of special flood hazard means the land within a community that is in a floodplain subject to a one percent or greater chance of flooding in any given year as designated by the Federal Emergency Management Agency (FEMA). Flood hazard designations on FEMA maps always include the letters A or V. Same as “base flood.”

Area plan means a plan adopted by the City Council for a specific geographic area, including, but not limited to, certain designated UGB expansion areas and opportunity areas, that implements the applicable goals and policies of the Bend Comprehensive Plan, coordinates development, and provides flexibility to tailor land use regulations, and transportation and infrastructure plans to serve the land uses within the plan area.

Area plan, framework level means a conceptual plan that includes major transportation, sanitary sewer and water network layout and general land use arrangements consistent with the Bend Comprehensive Plan.

Argument means assertions and analysis by a party regarding the satisfaction or violation of legal standards or policy believed to be relevant to the decision. “Argument” does not include facts.

Arterial. See “Street or road.”

Articulate/articulation means the jointing and interrelating of building spaces through offsets, projections, overhangs, extensions and similar features.

Attached is used in the BDC with different meanings.

Attic means the unfinished space between the ceiling assembly and the roof assembly.

Automobile-dependent use means automobiles and/or other motor vehicles are served by the use and the use would not exist without them, such as vehicle repair, gas station, car wash or auto and truck sales.

Automobile-oriented use means automobiles and/or other motor vehicles are an integral part of the use, such as drive-up, drive-in, and drive-through facilities.

Automobile wrecking means the dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts. More than two dismantled, obsolete or inoperable motor vehicles or parts thereof on one lot constitutes a wrecking yard.

Awning means a roof-like cover extending over or in front of a place (as over the deck or in front of a door or window) as a shelter.

B

Bank-full stage means the elevation at which water overflows the natural banks of a stream, river, or lake and begins to inundate the upland. In the absence of physical evidence, the two-year reoccurrence interval flow elevation may be used to approximate bank-full stage.

Base flood means the flood designated by FEMA as having a one percent chance of being equaled or exceeded in any given year, also referred to as the “100-year flood.” Designation on FEMA maps always includes the letter A or V. Same as “area of special flood hazard.”

Basement means any livable space of a building not including a crawlspace that is wholly or partly below average finished grade when the vertical distance from average finished grade to floor is greater than the vertical distance from average finished grade to ceiling measured at a minimum of three points on all sides as shown on the following figures. A basement is not counted as a story.

Bath, full bath means a bathroom that contains a toilet, sink, and shower and/or bathtub and/or steam shower.

Bath, half bath means a bathroom that contains a toilet and a sink. Half baths with floor area greater than 45 square feet that could accommodate a bathtub and/or shower and/or steam shower are considered as having a “rough-in” for a full bath.

Bay window means a windowed enclosure that projects from an exterior wall and is at least 18 inches above the adjoining finished floor as measured to the lowest horizontal plane of the projection. A wall projection that provides additional floor or seating area or storage is considered a cantilever as defined in this section.

Bed and breakfast inn means accommodations plus breakfast on a daily or weekly basis in an operator- or owner-occupied home that is primarily used for this purpose. This use operates as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a major source of income to the proprietors.

Bee means any stage of development of the common domestic honey bee, Apis mellifera species.

Beekeeper means a person owning, possessing or controlling one or more colonies of bees.

Berm means a small rise or hill in a landscape that is intended to buffer or visually screen certain developments, such as parking areas.

Bicycle facility means a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.

Bicycle parking means a space designated and reserved for the parking of one or more bicycles.

Bikeway means any road, path or way that is in some manner open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes.

Block means a parcel of land or group of lots bounded by intersecting streets.

Block length means the distance along a street between the centerline of two intersecting through streets from lot line to lot line.

Block perimeter means the distance to travel once completely around the block, ending at the starting point as measured from the centerline of the street.

Bollard means a post of metal, wood or masonry that is used to separate or direct traffic (vehicles, pedestrians and/or bicycles). Bollards can be decorative, and may contain sidewalk or pathway lighting.

Boulevard means a street with broad open space areas, typically with planted medians.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building footprint means the outline of a building (excluding exterior materials and wall sheathing), including cantilevered areas.

Building height means the average maximum vertical height of an enclosed building or structure measured at a minimum of three equidistant points as shown on the following figure along each building elevation from finished grade to the highest point on the building or structure. The “highest point” means peak of roof for a building with a sloping roof or the top of the roof coping for a flat roof. Architectural elements that do not add floor area to an enclosed building or structure, such as parapet walls, chimneys, flag poles, bell towers, steeples, and vents, and roof equipment (including minimum screening necessary to conceal mechanical roof equipment including elevator shafts and staircases for rooftop access), and unenclosed decks and porches are not considered part of the height of a building or structure. For property located in the Water Overlay Zone (WOZ), see BDC 2.7.650(E)(4).

Building line means a line parallel to the front lot line and passing through the most forward point or plane of a building.

Building mass means the aggregate size of a building, or the total height, width, and depth of all its parts.

Building Official means the Building Official of the City of Bend, Oregon.

Building pad means a vacant building site on a lot with other building sites. A pad may also be a separate lot within a development.

C

Cannabinoid concentrate means a substance obtained by separating cannabinoids from marijuana by:

1.    A mechanical extraction process; or

2.    A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.

Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.

Cannabinoid extract means a substance obtained by separating cannabinoids from marijuana by:

1.    A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;

2.    A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses heat or pressure; or

3.    Any other process identified by the Commission, in consultation with the Authority, by rule.

Cannabinoid product means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair that contains cannabinoids or dried marijuana leaves or flowers.

Cantilever means a projecting portion of a building without a foundation which provides additional floor or seating area or storage within the interior of a building. A cantilever is distinct from a bay window, which does not provide additional floor or seating area or storage.

Capacity means the maximum holding or service ability, as applied to transportation, utilities, parks and other public facilities.

Cargo containers means standardized reusable vessels that were originally designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods or commodities, and are capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device.

Carport means a permanent structure consisting of a roof with its supports and not more than one wall, or storage cabinets substituting for a wall, and used for sheltering motor vehicles, recreational vehicles or boats.

Cementitious siding means the combination of Portland cement, ground sand, and cellulose (wood) fiber that when mixed with water allows for the creation of planks, panels, and shingles (exterior cladding) that is resistant to burning and rotting.

Centerline radius means the radius of a centerline of a street or road right-of-way.

Change of use means a change in the essential character or nature of the activity conducted on a lot, as evidenced by:

1.    A change from one use to another permitted or conditional use; or

2.    A change in proportion of space devoted to uses within a property; or

3.    An increase in the parking demand, traffic generation, water demand or wastewater demand as calculated pursuant to existing City regulations.

Cherry stem annexation means the bulk of the annexed property (the “cherry”) is contiguous to the City by a narrow “stem” which is usually, but not necessarily, a right-of-way.

Child care facility means any facilities that provide care to 17 or more children, including a day nursery, nursery school, and child care center or similar unit operating under any name.

City means the City of Bend, Oregon.

City Council means the City Council of the City of Bend, Oregon.

City Engineer means the City Engineer of the City of Bend, Oregon, or his or her designee.

City Manager means the City Manager of the City.

City Recorder means the City Recorder of the City of Bend, Oregon.

Clear and objective means decision-making criteria and standards that do not involve substantial discretion or individual judgment in their application.

Clear vision area means a triangular area located at the intersection of two streets, an alley and a street, a driveway and a street or a street and a railroad right-of-way to ensure that obstructions do not infringe on the sight lines needed by motorists, pedestrians, bicyclists and others approaching potential conflict points at intersections. See BDC 3.1.500, Clear Vision Areas.

Clerestory or clearstory window means a high section of wall that contains windows above eye level.

Clinic means a place for group medical services not involving overnight housing of patients.

Club means an association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

Collector. See “Street or road.”

Colony means a bee hive and its equipment and appurtenances, including one queen, bees, comb, honey, pollen and brood.

Color guide means the paint examples maintained by the City which show acceptable colors for use on buildings, structures and signs including examples of prohibited and restricted colors.

Commercial node means one or more lots of parcels not exceeding a total area of one-half acre, excluding road rights-of-way, located at the intersection of a local street and another local or collector street.

Commission means the City Planning Commission as duly designated and appointed by the City Council.

Common area means land commonly owned, to include open space, landscaping or recreation facilities, and available for public use or use by all property owners association members and guests.

Common ownership means ownership of two or more properties by the same owner or the same combination of owners.

Comprehensive Plan means the duly adopted and acknowledged Bend Comprehensive Plan including appendices adopted and acknowledged as part of the Comprehensive Plan.

Comprehensive Sign Plan means a sign plan for one or more properties in a commercial center or business complex showing all locations of proposed signage for business tenants, retail stores, services, offices and other establishments that perform services on the premises.

Concurrency means that the necessary public facilities and services to accommodate the impacts of a proposed development are available at the time the development occurs or at the time of need.

Conditional use means a use that requires a Conditional Use Permit. See BDC Chapter 4.4, Conditional Use Permits.

Condominium means a type of ownership of units, and common ownership of open space and other facilities, and which is regulated, in part, by State law.

Conduit means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade structure used to convey water or electrical service.

Connector multi-use path means a multi-use path for pedestrians and bicyclists that minimizes travel distances within and between residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools and parks.

Conservation easement means an easement that protects identified conservation values of the land, such as wetlands, woodlands, significant trees, floodplains, wildlife habitat, and similar resources.

Constructed means the date of issuance of a building permit for structural construction or alteration of a building.

Construction plans means the plans, profiles, cross-sections and drawings or reproductions thereof, prepared by a registered professional engineer, which show the details of the work to be done on improvements.

Contiguous means having a common boundary, including a boundary that only touches a common point. For purposes of annexation, “contiguous” also means a property or group of adjacent properties, including public right-of-way to be annexed, that touch the City limits at any point along any exterior boundary of the territory to be annexed or that is separated from the City limits only by a public right-of-way or body of water.

Corner radius means the radius of a street corner, as measured around the curb or edge of pavement.

Cornice means, in classical architecture, the top, projecting section of an architrave; also any projecting ornamental molding along the top of a building, wall, arch, etc., finishing or crowning it; the projecting horizontal element that tops a wall or flat roof.

Corporate headquarters means a building or portion of a building in which persons are employed in the management or direction of a business consisting of one or more companies, or divisions or groups of companies. A corporate headquarters shall be directly associated with a permitted or conditional use on the same site, or may stand alone provided the site area is 10 acres or more, and the facility is sized for at least 100 employees.

Cottage means a detached single-family dwelling in a cottage housing development. See BDC 4.5.500, Cottage Housing Development.

Cottage cluster relates to the configuration of cottages. A cluster is a grouping of four to 12 cottage dwellings arranged on a development site around or adjacent to usable open space. A cottage housing development may contain more than one cluster. See BDC 4.5.500, Cottage Housing Development.

Cottage housing development means a type of site development or subdivision where individual lots are created, both built in conjunction with shared open space and other common tracts of land that are intended to serve small-scale single-family dwellings that interact together as a small community. See BDC 4.5.500, Cottage Housing Development.

Courtyard means an open, unoccupied space other than a required exterior yard, court or enclosure adjacent to a building, which usually provides amenities such as gardens, planters, seating, or art.

Courtyard housing means detached “zero lot line” dwellings on individual lots subject to the same standards as single-family detached dwellings, except that a three-foot minimum side yard setback is required on one side of a typical lot. This type of housing allows development on smaller (i.e., narrower) lots and provides usable outdoor living area in side-oriented courtyards. See BDC 3.6.200(A), Courtyard Housing.

Critical facility means, for the purpose of flood standards, a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.

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.

Cross-section means a profile of the ground surface perpendicular to the centerline of a street, stream or valley bottom.

Cul-de-sac. See “Street or road.”

Cultivation or cultivate means: (1) all phases of growth of marijuana from seed to harvest; or (2) preparing, packaging, or repackaging, labeling, or relabeling of marijuana prior to consumption, or incorporation into a recreational marijuana-infused product.

Cupola means a dome, especially a small one on a circular or polygonal base crowning a roof or turret.

Curb cut means a driveway opening where a curb is provided along a street.

Curb line means the line dividing the roadway from the planting strip or sidewalk that is the inside (street side) of the curb.

Curtain wall means a non-load-bearing wall which can be applied in front of a framed structure to keep out the weather; a continuous curtain wall of steel and glass separating “structure” from “cladding.”

D

Dam means any manmade structure which is or may be used to impound water.

Day Care Facility. See “Child care facility” and “Preschool.”

Day care facility (adult) means community-based group programs designed to meet the needs of adults with functional and cognitive impairments through individual plans of care that are structured, comprehensive and provide a variety of health, social and related support services in protective settings during part of the day but provide less than 24-hour care.

De novo review means a hearing by the review body as if the action had not previously been heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration will be considered a part of the record on review.

Deciduous means a tree or shrub that sheds its leaves seasonally.

Dedication means the transfer of land by its owner to the public. Dedication does not include reservations or easements.

Density means a measurement of the number of dwelling units in relationship to a specified amount of land. As used in this code, density calculation measures gross density and is a measurement used generally for residential uses.

Deschutes River Corridor means all property within 100 feet of the ordinary high water mark of the Deschutes River.

Design standards means standards consisting of objective design-oriented elements that help to ensure that the proposed development conserves and enhances the recognized value of the site or building. The design standards provide additional guidance to items such as pedestrian connections, building materials, ground-floor and upper-level treatments, and the like.

Designated wetlands means areas designated as significant wetlands on the wetland inventory maps adopted by the City of Bend.

Developable means buildable land, as identified by the Bend Comprehensive Plan. Includes both vacant land and land likely to be redeveloped.

Developer means any person, corporation, partnership, or other legal entity who creates or proposes to create a land development; includes any agent of a developer.

Development means all improvements on a site, including buildings, placement or replacement of manufactured or other structures, parking and loading areas, landscaping, paved or graveled areas, grading, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes. Development includes a partition and subdivision. For the purpose of flood standards, “development” shall also mean any manmade change to improved or unimproved real estate, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Development application, Type I means a development application that is reviewed administratively without public notice or an opportunity for parties to comment, unless elevated to a Type II application by the Development Services Director when there is a need to interpret or exercise policy or legal judgment, or to apply discretionary land use standards. Type I applications are identified in Table 4.1.1600. A Type I decision includes any authorization or determination that the City of Bend Community Development Department is requested to issue, give or make that:

1.    Is made under land use standards that do not require interpretation or the exercise of policy or legal judgment; or

2.    Approves or denies a building permit issued under clear and objective land use standards; or

3.    Determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the Comprehensive Plan and land use regulations.

Development application, Type II means a development application that is reviewed following public notice and an opportunity for parties to comment but without a public hearing, unless elevated to a Type III application by the Development Services Director. Type II applications are identified in Table 4.1.1600.

Development application, Type III means a development application where the final decision is made by the Planning Commission or Hearings Officer after a public hearing following the quasi-judicial procedures required and described in BDC 4.1.800. The City Council is the final decision maker in Type III development applications that require the adoption of an ordinance. Type III applications are identified in Table 4.1.1600 and generally meet the factors for Type III quasi-judicial decisions in BDC 4.1.426.

Development application, Type IV means a legislative decision where the final decision is made by the City Council after a public hearing following the legislative procedures required and described in BDC 4.1.500. Type IV applications are identified in Table 4.1.1600. Such applications generally involve broad public policy or discretionary decisions that apply to other than an individual property or small number of properties, and do not meet the factors for Type III quasi-judicial decisions in BDC 4.1.426.

Development Services Director means the Director of the City of Bend Community Development Department or his or her designee. For the purposes of this code, the terms “Development Services Director” and “Planning Director” shall be interchangeable.

Development standards means land use regulations that guide how sites and buildings can be developed. These standards deal with allowed uses, building heights, densities, parking, building setbacks, etc.

Discretionary means a permit action or decision that involves substantial judgment.

Diversion means any manmade structure that is or may be used to deflect or divert water from a river or stream into a conduit or impoundment.

Drip-line means an imaginary line around a tree or shrub at a distance from the trunk equivalent to the canopy (leaf and branch) spread.

Drive-through facility means a facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities also include facilities designed for the rapid servicing of vehicles, where the drivers may or may not remain in their vehicles, but where the drivers usually either perform the service for themselves, or wait on the site for the service to be rendered. Drive-through facilities may serve the primary use of the site or may serve accessory uses. Examples are drive-up windows for food service and banks; gas pump islands; and car wash facilities. Also see “Auto-oriented uses” in this section and BDC Chapters 2.2 and 2.3.

Driveway means an area that provides vehicular access to a site, except for public and private streets and alleys. A driveway begins at the property line and extends into the site. Driveways do not include parking, maneuvering, or circulation areas in parking lots, or parking spaces.

Driveway apron/approach means the edge of a driveway where it abuts a public way, usually constructed of concrete.

Duplex means two dwelling units on one lot or parcel. For permitting purposes, units may be attached vertically or horizontally or detached.

Dwelling, Multifamily. See “Multifamily residential.”

Dwelling, single-family attached townhome means single-family dwellings on their own lots or parcels, sharing a common side wall at the property line.

Dwelling, single-family detached means a single-family dwelling on its own lot or parcel that does not share a wall with any other building.

Dwelling, Single-Family Detached Zero Lot Line House. See “Courtyard housing.”

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking (limited to one kitchen only) and sanitation (full bathroom).

E

Easement means a right of usage of real property granted by an owner to the public or to specific persons, firms, or corporations.

Eave means a projecting overhang four feet or less at the lower border of a roof and extending from a primary wall or support.

Effective lot area means the gross ground surface area of a lot minus any portion of the lot encumbered by a recorded driveway or roadway easement.

Elector means an individual qualified to vote under Section 2, Article II, of the Oregon Constitution.

Elevated building means, for flood insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

Elevation means a building face, or scaled drawing of the same, from natural grade to the highest point on the structure.

Environmentally Sensitive Areas. See “Sensitive lands.”

Evidence means facts, documents, data or other information offered by a party to demonstrate compliance or noncompliance with the standards believed to be relevant to the decision.

Exempt vegetation means a tree or other plant that is shown by the sun chart accompanying a solar access permit application to cast existing shade on a protected area.

Existing means present at the time of application for land use or development approval.

Expansion area means areas within the UGB, but outside of City limits, designated as expansion areas in the Bend Comprehensive Plan in Figure 11-4.

Exterior alteration means a change in the exterior structure of a building that alters the appearance of a building.

Extraterritorial connection of service means the connection of water or sanitary sewer service to developed property located outside the City limits and within the UGB.

Extraterritorial extension of a facility means the extension of a water or sanitary sewer line outside the City limits to serve an area within the UGB.

Extraterritorial service/facility contract means a contract between the owner of property outside the City limits proposed to be served with water and/or sewer service and the City specifying and identifying service provisions, obligations of the City and cost obligations of the owner of the property.

F

Family Day Care. See “Registered or certified family child care home” and “Child care facility.”

Farming or farm use means the utilization of land, including buildings customarily provided in conjunction with a farm use, for the purpose of generating income by raising, harvesting or selling crops, or for the feeding, breeding, management and sale of, or the product of, livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or for any other agricultural or horticultural use, animal husbandry, growing Christmas trees, timber agricultural or any combination thereof, including the preparation or processing and storage of products raised on such land for human and animal use, and disposal by marketing or otherwise. It does not include the construction and use of dwellings, or marijuana businesses.

Farm stands means a structure designed and used for the sale of farm crops or livestock grown on the farm, or grown on the farm and other farm operations in Oregon, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand. “Farm stand” does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment.

Fire apparatus access road means a road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway.

Fire lane means a road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.

Fire break means a break in the ground cover fuels as specified by the fire protection agency involved.

Fish passage device means any manmade structure that is or may be used to enable fish to pass over a dam to move upstream.

Fish protection device means any manmade structure, such as a fish screen, which is or may be used to prevent fish from entering into or passing through conduits, penstocks, and other water-conducting structures or devices connected to a hydroelectric facility.

Flag lot means a lot or parcel that has access to a road, street or easement, by means of a narrow strip of lot that does not meet the typical minimum lot frontage standard.

Flood/flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.    The overflow of inland or tidal waters; and/or

2.    The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area means the relatively flat area of lowlands adjoining the channel of a river, stream, watercourse, lake or reservoir.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated on FIRM.

Floor area means the area measured in feet of horizontal decked space intended to be a floored surface contained within the a building or portion thereof, measured to the external face of the external walls, exclusive of vent shafts, and courts and basements. When calculating floor area, stairs are counted twice.

Floor area ratio (FAR) means a measurement of building density calculated by dividing the gross enclosed floor area of a building measured to the external face of the external walls by the land area of the development.

Floor, lowest habitable means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest habitable floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this code.

Food and beverage services means restaurants, cafes, and similar types of land uses that prepare and serve edible goods for consumption by the customer including beverage service.

Forest management plan means an operation plan to reach landowner objectives and assures public benefits as they relate to producing timber and other values as determined by the Deschutes County Assessor. It shall include a cover map, basic forest stand description data, treatment opportunities, landowner objectives and a schedule for implementing the forest management plan pursuant to ORS 526.455.

Frontage means that portion of a parcel or lot of property that abuts a dedicated public street or highway or an approved private street.

Frontage Street or Road. See “Street or road.”

Functional classification means the classification given to streets (e.g., “local, collector, or arterial”) by the City’s Transportation System Plan (TSP), City of Bend Standards Manual, by adopted County plans, and the Oregon Department of Transportation.

G

Garage, private means an accessory building or portion of a main building used for the parking or storage of vehicles owned or used by occupants of the main building.

Grade means the vertical location of the ground surface. Existing grade means the existing condition of the elevation of the ground surface or the natural grade prior to grading, placement of fill, or the excavation or removal of earth from the site. Rough grade means the stage at which the grade substantially conforms, in an unfinished state, to an approved clearing and grading plan. Finished grade means the final grade of the site after all clearing and grading has been completed that conforms to an approved clearing and grading plan.

Ground cover means a plant material or nonplant organic material (e.g., mulch, bark chips/dust) that is used to cover bare ground.

H

Hardscape means nonplant landscape materials, including pathways, decorative pavers, benches, drinking fountains, arbors, pergolas, playgrounds, plazas, and similar amenities.

Hearing, initial means a quasi-judicial public hearing authorized and conducted by the Hearings Body to determine if a Type III land use permit request shall be granted or denied.

Hearings body means the Hearings Officer, Planning Commission, or City Council of the City of Bend.

Hearings Officer means a planning and zoning hearings officer appointed or designated by the City Council or, in the absence of such appointed hearings officer, the Planning Commission.

Highest shade producing point means the highest shade producing point of a structure two hours before the solar zenith on December 21.

Hive means any Langstroth type structure with movable frames intended for the housing of a bee colony. A hive typically consists of a cover, honey supers, brood chambers and a bottom board.

Home business means a small revenue-producing use owned and/or operated by a resident of the home business site. A home business is operated within a primary dwelling unit or in an approved accessory structure or accessory dwelling unit, which is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and which complies with the conditions of BDC Chapters 2.1, Residential Districts (UAR, SR 2 1/2, RL, RS, RM-10, RM, RH), and 3.6, Special Standards and Regulations for Certain Uses.

Hospital means any institution, place, building, or agency which maintains and operates organized facilities for two or more persons for the diagnosis, care and treatment of human illness, including convalescence and care during and after pregnancy, or which maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or for a longer period.

Hostel means a shared-room (“dormitory”) accommodation that accepts individual travelers or groups for short-term stays, and that provides common areas and communal facilities. Travelers independently book individual beds in a shared room as opposed to booking entire rooms; however, some hostels may provide private rooms as well.

Human-scale design/development means site and building design elements that are dimensionally related to pedestrians, such as: small building spaces with individual entrances (e.g., as is typical of commercial and main street developments); larger buildings that have articulation and detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or parking areas broken up into small components with landscaping; and pedestrian amenities, such as sidewalks, plazas, outdoor seating, lighting, weather protection (e.g., awnings or canopies), and similar features. These features are all generally smaller in scale than those that are primarily intended to accommodate automobile traffic.

Hydroelectric facility means all aspects of any project or development necessary for or related to the generation of hydroelectric energy, including, but not limited to, conduits, dams, diversions, fish ladders and screens, generators, impoundments, penstocks, turbines, transmission facilities, and related buildings, structures, storage areas, access roads, parking areas, and surrounding and adjacent lands which are necessary for or related to the facility.

I

Immediate family means a spouse, registered domestic partner, parents, children, children of the spouse/registered domestic partner, siblings, grandparents, grandchildren, parents of the spouse/registered domestic partner, and other close relatives who reside in the owner’s household.

Impervious surface means an improvement that does not allow for water infiltration into the ground (e.g., structures, pavement, roofs, etc.).

Impoundment means any human-made structure that is or may be used to confine or accumulate water.

Incidental and subordinate to means a use or portion of a development that is secondary to, and less apparent than, the primary use or other portion of the development.

Infill means the development of vacant, bypassed lands located in an area that is mainly developed.

Infill, residential means:

1.    The development of up to three dwellings on land that is designated for residential use where at least 75 percent of the abutting properties have a structure but not counting any abutting property that is large enough that it can be divided into four or more lots or is currently developed with multifamily residential.

2.    A situation in which a single-family dwelling is removed to make way for up to three new dwellings (e.g., a single-family dwelling, duplex, or triplex).

3.    “Residential infill” does not apply to land that is large enough that it can be divided into four or more lots consistent with the minimum lot size of the zoning district.

Institution means a building or group of buildings or structures that are under common or related ownership that provide services including but not limited to public, educational, correctional and medical.

Institution of higher education means public or private vocational and trade schools, academies, colleges, and universities.

J

Junk means waste materials such as old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor vehicles or appliances, or motor vehicle parts, iron, steel or other old or scrap ferrous or nonferrous material, metal or nonmetal materials.

Junkyard means any property or establishment where a person(s) is engaged in recycling, breaking up, dismantling, sorting, storing, distributing, buying or selling scrap or waste materials, or any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk, and the term includes automobile graveyards, wrecking yards, garbage dumps and scrap metal processing facilities.

K

Kennel means any premises where four or more dogs, cats, or other small domestic animals are kept commercially or primarily for profit, except licensed animal breeding facilities, veterinary clinics and animal hospitals.

Kitchen means any area designed or used for preparation or cooking of food, and including any of the following: a sink larger than 18 inches by 18 inches; a 220-volt electrical outlet; a gas or propane service line; a dishwashing machine; a range hood, exhaust vent, or similar equipment; or a stove, range, or oven.

L

Land division means the process of dividing land to create parcels or lots.

Land use district is the same as a zoning district.

Landing means a level part of a staircase, as at the end of a flight of stairs.

Landscaping means any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, plazas, works of art, reflective pools, fountains or the like. Landscaping also includes irrigation systems, mulches, topsoil, and re-vegetation or the preservation, protection and replacement of existing trees.

Livable space means the gross space of a dwelling unit(s) utilized for living, sleeping, eating, cooking, and sanitation.

Lodging, hotel/motel means a building or portion thereof designed for and/or used for occupancy of transient individuals who are lodged with or without meals.

Lot means a unit of land that is created by a subdivision of land.

Lot area means the total surface area (measured in square feet of horizontal area) within the boundary lines of a lot.

Lot, corner means a lot abutting upon two or more streets, other than alleys, at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees within the lot line.

Lot coverage means all areas of a lot or parcel covered by buildings (as defined by building footprints) and other structures with surfaces greater than 18 inches above the finished grade, excluding unenclosed covered or uncovered porches, patios, decks, balconies or stoops up to five percent of the total lot area. Eaves are not included in lot coverage.

Lot depth means the horizontal distance between the front and the rear lot or parcel lines. In the case of a corner lot the depth shall be the length of the longest front lot or parcel line.

Lot, interior means a lot or parcel of land other than a corner lot.

Lot line means any property line bounding a lot or parcel as herein defined.

Lot line, front means the property line abutting a street. Corner lots or parcels and through lots or parcels may have two or more front lot lines.

Lot line, rear means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular or triangular-shaped lot, an assumed lot line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. There may be two or more rear yards for one lot.

Lot line, side means any lot or parcel line that is not a front or rear lot line.

Lot of record means a unit of land held in separate ownership as shown on the records of the Deschutes County Clerk, which conforms to all zoning and subdivision/partition requirements in effect on the date the unit of land was created.

Lot, through/double frontage means an interior lot having a frontage on two streets and/or highways, not including an alley.

Lot width means the average distance between the side property lines (the two property lines most perpendicular to the front property line). In the case of corner lots that include two or more front property lines, “lot width” shall mean the average distance between the longest front property line and the farthest opposite property line. In the case of irregularly shaped lots or parcels having four or more sides, “average lot width” is the sum of the shortest and longest property lines divided by two.

M

Maintain means to cause or allow or continue in existence. When the context indicates, the word shall mean to preserve and care for a structure, improvement, condition or area to such an extent that it remains attractive, safe and presentable and carries out the purpose for which it was installed, constructed or required.

Major intersections means all collector and higher designated intersections and roadways.

Maneuvering area/aisle means a driving area where motor vehicles are able to turn around and/or access parking spaces.

Manufactured dwelling means:

•    Residential trailer means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

•    Mobile home means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and 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.

•    Manufactured home, except as provided in subsection (a) of this definition, means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

    For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

a.    For purposes of implementing any contract pertaining to manufactured homes between the department and the federal government, manufactured home has the meaning given the term in the contract.

•    Manufactured dwelling does not include any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the Low-Rise Residential Dwelling Code or any unit identified as a recreational vehicle by the manufacturer.

Manufactured dwelling park means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership. See BDC Chapter 3.6, Special Standards for Certain Uses, for standards related to manufactured dwelling parks.

Marijuana means the plant Cannabis family Cannabaceae, any part of the plant of the Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

Marijuana business means an establishment operated by any person or entity who is or will be appropriately licensed by the Oregon Health Authority or the Oregon Liquor Control Commission which sells, produces, cultivates, grows, wholesales, processes, researches, develops or tests medical marijuana or recreational adult use marijuana within the City of Bend.

Marijuana grow sites means a specific location registered by the Oregon Health Authority and used by the grower to produce marijuana for medical use by a specific patient. Medical grow sites are regulated by State law as follows: 12 mature plants are allowed per grow site in residential zones; 48 mature plants per grow site in all other zones. If all grows at the site had registered with the State of Oregon by January 2, 2015, the grow site is limited to the number of plants at the grow site as of December 31, 2015, not to exceed 24 mature plants per grow site in residential zones and 96 mature plants per grow site in other zones.

Marijuana items means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.

Marijuana processing means the preparing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates, and cannabinoid extracts for medical or recreational purposes.

Marijuana producing means the manufacturing, planting, cultivation, growing, or harvesting of marijuana as licensed by the Oregon Liquor Control Commission.

Marijuana retailer means a person or entity licensed by the Oregon Liquor Control Commission to sell marijuana items to a consumer in this State.

Marijuana testing laboratory means a laboratory that tests marijuana items for producer, processor, wholesaler or retail licensees.

Marijuana wholesaler means a person or entity that purchases marijuana items in this State for resale to a person other than a consumer.

Master plan means a development processed under BDC Chapter 4.5, Master Planning and Development Alternatives, and includes both minor and major master plans.

Master plan, community means a master plan designed and intended primarily for residential uses.

Master plan, employment means a master plan designed and intended primarily for employment uses.

Master plan, institutional means a master plan designed and intended primarily for an institution, such as a medical campus or an institution of higher education.

Master plan, major means a master plan with deviations to development standards and/or zoning district requirements and/or includes amendments to the Bend Comprehensive Plan map designation(s) and/or zoning according to BDC Chapter 4.5, Master Planning and Development Alternatives.

Master plan, minor means a master plan with no deviations to development standards, zoning district requirements, Bend Comprehensive Plan map designations and zoning according to BDC Chapter 4.5, Master Planning and Development Alternatives.

Medical marijuana dispensary means a medical marijuana facility or entity registered with the Oregon Health Authority under ORS 475.300 et seq.

Mitigation means measures undertaken to rectify, repair, or compensate for negative impacts that result from other actions (e.g., street infrastructure may be required to mitigate for transportation impacts resulting from development).

Mixed-use buildings or developments means a mix of residential and commercial uses that are mixed “vertically,” meaning that a residential use is developed above the commercial use, or mixed “horizontally,” meaning commercial and residential uses both occupy ground-floor space.

Modes of travel means vehicular, walking, biking and transit.

Modification of application means the applicant’s submittal of new information after an application has been deemed complete and prior to the close of the record on a pending application that would modify a development proposal by changing one or more of the following described components: proposed uses, operating characteristics, intensity, scale, site layout (including but not limited to changes in setbacks, access points, building design, size or orientation, parking, traffic or pedestrian circulation plans), or landscaping in a manner that requires the application of new criteria to the proposal or that would require the findings of fact to be changed. It does not mean an applicant’s submission of new evidence that merely clarifies or supports the pending application.

Multifamily residential means housing that provides four or more dwellings on an individual lot or parcel (e.g., multi-plexes, apartments, condominiums, etc.). See BDC 2.1.1000, Multifamily Residential Districts (RM, RH).

Multi-modal means a transportation system or right-of-way that plans for and provides for different transportation modes such as driving, walking, biking, and bus service.

Multi-Use Pathway. See “Access corridor.”

Municipal water supply system means a water supply source and distribution system owned and operated by a city or county or special district or other public corporation which has independent tax levying powers to support the system and which supplies water to a total of 1,000 or more households.

MUTCD means the Manual of Uniform Traffic Control Devices, published by the Federal Highway Administration.

N

Native plants means vegetation commonly found growing in Central Oregon.

Needed housing means housing types and minimum densities determined in the Bend Comprehensive Plan to meet the need shown for housing within an urban growth boundary at particular price ranges and rent levels, including at least the following housing types:

1.    Attached and detached single-family housing and multiple family housing for both owner and renter occupancy;

2.    Government assisted housing;

3.    Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; and

4.    Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions.

Neighborhood means a geographic district or area usually having distinguishing character or boundaries, not necessarily coinciding with the acknowledged neighborhood association boundaries.

Neighborhood association means an organization that has been formally recognized by Council resolution which offers an opportunity for citizens to participate in decision-making for their neighborhood.

Neighborhood commercial means certain types of small-scale commercial uses that serve the neighborhood as allowed in the Residential Districts. See BDC Chapter 2.1.

Nonconforming use/nonconforming development means a land use/structure that would not be permitted by the current code regulations, but was lawful at the time it was established. See BDC Chapter 5.2.

Nonnative plants means plants not typically growing in Central Oregon and those plants listed on the current Oregon State University Extension Service Bulletin list for Deschutes County.

Nonresident employee means an employee, business partner, co-owner, or other person affiliated with a home business, who does not live at the site, but who visits the site as part of the home business.

Northern property line means the northerly edge of the lot or parcel on which an applicant’s structure is located, unless directly north of the lot or parcel is an unbuildable area, in which case “northern lot line” means the northerly edge of the unbuildable area.

North-south lot dimension means the length of a line beginning at the midpoint of the northern property line and extending a southerly direction perpendicular to the northern property line until it reaches a property boundary.

Nursing/convalescent homes (also see “Residential care facility”) means a residence, institution, or place other than a hospital or assisted living facility that operates and maintains facilities providing 24-hour convalescent or chronic care, or both, for two or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. Note: For adult day care, see “Day care facility (adult).”

O

Open space (common, active or passive) means any property or area of land or water set aside, designed or reserved for the public or private use specifically for the purpose of providing places for recreation, conservation or other open space uses.

Opportunity area means locations within the City, as shown in the Bend Comprehensive Plan in Figure 11-1, that are appropriate to focus new growth due to their location, zoning (existing or planned), amount of vacant or underdeveloped land, and/or proximity to urban services.

Ordinary high water mark (OHWM) means the elevation of bank-full stage.

Oregon Scenic Waterway means the designated areas along the south and north portions of the Deschutes River within Bend that are designated and managed by the Oregon Parks and Recreation Department to protect State Planning Goal 5 scenic resources.

Orientation means to face toward a particular point of reference (e.g., “a building oriented to the street”).

Owner means the owner(s) of the title to real property on the most recent deed recorded with the County Clerk or the authorized agent who has written notarized authorization, or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or County Clerk’s records. “Owner” does not include an interest created for security purposes. For purposes of annexation, “owner” means a legal owner of record or, where a recorded land sale contract is in force, a purchaser under the land sale contract.

Owner-occupied short-term rental means an owner resides in a dwelling unit and rents up to two rooms to overnight guests for a period fewer than 30 consecutive days. The owner occupies the dwelling unit during the overnight rental period. Only part of the dwelling unit is used for rental purposes. The room(s) for rent cannot include rooms within a detached or attached accessory dwelling unit.

P

Parcel means a unit of land created by a partitioning of land.

Park means an active or passive recreation facility owned and operated by the State of Oregon or Bend Park and Recreation District which provides for the recreational needs of the citizens of Bend. The types of BPRD facilities include neighborhood, community and regional parks. See also “Recreation facilities, public.”

Parking area, public means an open area, other than a street or other 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.

Parking lane means one or more lanes of a street or roadway, usually on the outside edge, designated for the standing or parking of motor vehicles, whether or not delineated with striping on the pavement.

Parking, off-street means areas designed, used, required or intended to be used for the parking of motor vehicles, which is not in a street right-of-way.

Parking, on-street means parking in the street right-of-way, typically in parking lanes or bays.

Parking space means an area designed for the purpose of storing one motor vehicle.

Partition means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. Partition land does not include divisions of land resulting from the creation of cemetery lots; lien-foreclosures; division of land resulting from foreclosures of recorded contracts for the sale of real property; and divisions of land made pursuant to a court order, including but not limited to court order proceedings involving testate or intestate succession. Partition land does not include a “property line adjustment” or the sale of a lot in a recorded subdivision even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner.

Party means one who takes part or participates in a Type II, III, or IV application or a legislative action. A party includes any person who has standing. A person can become a party by appearing on the record at a hearing (including appeals) or presenting written evidence in conjunction with an administrative action or hearing, or by being a property owner whose property would be burdened by a solar access permit. The City may designate a representative for persons whose participation consists only of signing a petition.

Pedestrian facilities means a general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, pathways, walkways, access ways, crosswalks, ramps, paths, and trails.

Person means an individual, corporation, partnership, company, trustee, or any other legal entity.

Personal and professional service uses means businesses such as coffee shops/delis, dry cleaners, barber shops and salons, copy centers, banks, and financial institutions and similar uses and child care and similar uses. Personal and professional service uses does not include retail.

Phased tentative plan means a subdivision plan designed to be platted and constructed in more than one phase.

Place of worship means a place for people to gather for religious practice. Examples include churches, synagogues and mosques and accessory uses including bible study schools and day care.

Planning Commission means the Planning Commission of the City of Bend, Oregon. See BC 1.20.030, Planning Commission.

Planning Director, as used in this code, shall refer to the Development Services Director of the City of Bend or his or her designee.

Planning Manager means the City of Bend Community Development Department Planning Manager.

Plant nursery means retail and/or wholesale sales of shrubs, trees, ornamental bedding plants, and products associated with gardening.

Planter strip means an area for street trees and other plantings within the public right-of-way, usually between the street and sidewalk.

Plat includes a final subdivision plat, replat, or partition plat.

Plaza means a public square or extra-wide sidewalk (e.g., as on a street corner) that provides space for special events, outdoor seating, sidewalk sales, and similar pedestrian activity.

Preschool. See “Registered or certified family child care home,” “Day care,” and “Child care facility.”

Primary frontage means that portion of a parcel of property that abuts a dedicated public street, highway or an approved private street, and is the frontage with the primary public or customer entrance.

Primary, main building entrance means the main entrance closest to the public street by which pedestrians can access a building, structure or activity. Generally, smaller buildings have one main entrance. Main entrances may also be the widest of entrances provided for use by pedestrians. In multi-tenant buildings, main entrances open directly into the building’s lobby or principal interior ground level circulation space. When a multi-tenant building does not have a lobby or common interior circulation space, each tenant’s outside entrance is a main entrance. Buildings may also have main entrances opening directly into a reception or sales areas, a courtyard, or plaza.

Primary multi-use path means a multi-use path that is part of the more significant City-wide trail system that is illustrated on the Bend Urban Area Bicycle and Pedestrian System Plan.

Principal building means the largest building or buildings within a commercial center or business complex. Typically, this is the anchor tenant or tenants.

Proceeding means the review of a land use action either administratively by the Development Services Director or through the public hearing process by the Hearings Body.

Production office means an office use that employs large numbers of persons that are performing similar functions in shifts such as a call center or an insurance claims center.

Property line means the division line between two units of land.

Property line adjustment means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

Property Owner. See “Owner.”

PROWAG means Public Right-Of-Way Accessibility Guidelines.

Public facilities means infrastructure improvements including but not limited to water lines, sewer lines, streets, curbs, sidewalks, trails and related facilities that are owned and maintained by the City of Bend.

Public services mean those services that are inherent necessities to support development within the urban growth boundary. These include but are not limited to schools, parks, libraries, and emergency services.

Q

Qualified professional/individual means, for the purpose of preparing vegetation restoration or tree protection plans, assessing the health of trees or other similar activities, an individual approved by the City who through related training, or on-the-job experience, or both, possesses knowledge in one or more of the following subject areas: (1) arboriculture, (2) natural resources, including water resources and riparian restoration, and (3) urban interface fire protection.

R

Receiving property means a property to which density and housing mixes are transferred pursuant to the provisions of a major master plan.

Recreational facilities, public means a publicly owned facility, land, or improvements designated for leisure and recreational activities, open to the general public, with or without payment of fees.

Recreational facility, private means a recreation facility under private ownership and operated by a for-profit or nonprofit organization, open to members, and providing one or more of the following types of recreation activity, fitness center, indoor gymnasium, spa or health center including: tennis, handball, golf, squash, volleyball, racquetball, badminton, skate park and swimming.

Recreational marijuana means any marijuana intended for recreational use which meets all requirements for recreational marijuana contained in this chapter, Oregon State law, and any other applicable law.

Recreational marijuana business means (1) any person or entity that cultivates, produces, distributes, possesses, transports, or makes available more than six marijuana plants or one ounce of marijuana, (2) any person that sells any amount of marijuana, or (3) any person who possesses marijuana openly or publicly. The term “recreational marijuana business or retail” shall not include the private cultivation, possession, production, or use within a person’s residence of no more than (1) six plants in an enclosed, locked space, (2) one ounce of marijuana, or (3) the marijuana produced by no more than six plants on the premises where the plants were grown if the plants were grown in an enclosed, locked space.

Recreational vehicle means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes and as further defined, by rule, by the Director of the Department of Consumer and Business Services.

Recreational vehicle means, for floodplain management purposes, a vehicle which is:

1.    Built on a single chassis;

2.    Four hundred square feet or less when measured at the largest horizontal projection;

3.    Designed to be self-propelled or permanently towable by a light duty truck; and

4.    Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Redemption center means an indoor retail facility approved by the Oregon Liquor Control Commission facilitating the return of empty beverage containers and serving dealers of beverages, where any person may return empty beverage containers and receive payment of the refund value of such beverage containers.

Refinement Plan means a more detailed plan than a Comprehensive Plan and applies to a specific geographic area. Refinement Plans are located in BDC Chapter 2.7, Special Planned Districts, Refinement Plans, Area Plans and Master Plans.

Regional corporate office means a building or portion of a building in which persons are employed in the management or direction of a business consisting of one or more divisions or groups of companies. Commerce with the general public is not a normal function of a regional corporate office.

Registered or certified family child care home means a location where child care is offered in the home of the provider to not more than 16 children, including children of the provider, regardless of full-time or part-time status. Registered or certified family child care homes shall be considered a permitted residential use of the property for zoning purposes.

Replat means the act of platting lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

Residence. See “Dwelling unit.”

Residential care facility means a facility that provides, for six or more socially dependent individuals or individuals with physical disabilities, residential care in one or more buildings on contiguous properties.

Residential care home, also defined in ORS as “residential facility,” means a residential treatment or training home, a residential facility or an adult foster home that provides residential care alone or in conjunction with treatment, training or both for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.

Residential caretaker unit means a dwelling unit for caretakers living on site.

Retaining wall means a vertical, or near vertical, structure, that holds back soil or rock, and prevents movement of material down slope or erosion on a site.

Review Authority means the Development Services Director, Planning Commission, Hearings Officer, or City Council of the City of Bend.

Right-of-way means land that is owned by the public for transportation and utility facilities.

Riparian area means an area of land where annual and intermittent water, a high water table and wet soils influence vegetation and microclimate.

Riparian corridor means the area within and adjacent to the Deschutes River and Tumalo Creek that includes water areas, fish and wildlife habitat, wetlands, and riparian vegetation and other State Planning Goal 5 resources to be conserved and protected.

Roadway means that portion of a street or road developed for vehicular traffic.

Roof pitch means the slope of a roof, usually described as a ratio (e.g., one foot of rise per two feet of horizontal distance).

S

Sale/lease means the disposition or transfer of land in a land division or an interest or estate therein, by a developer or their agents. Includes the offering of land as a prize or gift when a monetary charge or consideration for whatever purpose is required by the developer, or their agents.

School means a public or private facility that provides teaching or learning. Typical uses include elementary, junior and senior high schools and related uses, except as otherwise specifically defined in this code. “School” does not include a child care facility, preschool, day care, or an institution of higher education as defined in this chapter.

Sensitive lands means wetlands, significant trees, steep slopes, floodplains and other natural resource areas designated for protection or conservation by the Bend Comprehensive Plan or the State of Oregon.

Setback means the minimum allowable horizontal distance from a given point or line of reference, such as a property line, to the nearest vertical wall, building footprint or other element of a building or structure as defined herein. Note: Where a public access easement abuts the street or alley in lieu of right-of-way, the interior easement line becomes an assumed property boundary for the purposes of setbacks.

Shade means a shadow, except a shadow caused by a narrow object, including but not limited to a utility pole, an antenna, a wire, or flag pole.

Shaded, substantially means less than 80 percent of the available solar insolation is available during winter solar heating hours to either the south roof and/or wall of an existing or potential structure.

Shared driveway means when land uses on two or more lots or parcels share one driveway for ingress and egress.

Shared parking means required parking facilities for two or more uses, structures, or parcels of land, which is satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that their needs for parking facilities do not materially overlap (e.g., daytime versus nighttime primary uses). See BDC Chapter 3.3.

Shopping street means a public or private street or drive designed with the elements of a pedestrian-oriented public street: such as buildings with close orientation to the street, on-street parking, wide sidewalks, street trees, and pedestrian-scale lighting. See BDC Chapter 2.2, Commercial Zoning Districts (CB, CC, CL, CG).

Short-term rental means the use of a dwelling unit by any person or group of persons entitled to occupy for rent for a period of less than 30 consecutive days. Short-term rentals also include vacation home rentals approved under the regulations in effect through April 15, 2015, and owner-occupied short-term rentals, but does not include bed and breakfast inns, hotels and motels.

Short-term rental permit means a Type I or Type II development application authorizing a short-term rental or short-term room rental. Type I short-term rental permits are decisions that are made under land use standards that do not require interpretation or the exercise of policy or legal judgment under ORS 197.015(10)(b)(A). Type II short-term rental permits are limited land use decisions.

Sidewalk means a paved space usually within the street right-of-way designed and approved by the City, and designated for the movement of pedestrians, and meeting the requirements of the Federal Americans with Disabilities Act.

Significant trees/significant vegetation means individual trees with a specific trunk diameter (as indicated below) as measured four feet above the ground (known as DBH, for “diameter at breast height”).

1.    Deciduous trees: six inches or greater.

2.    Coniferous trees: 10 inches or greater.

Site means a property (or group of adjacent parcels or lots under the same ownership) that is subject to a permit application under this code.

Slope. The amount of deviation of a surface from the horizontal, usually expressed as a percentage or by degrees.

Small hydroelectric facility means a hydroelectric facility that produces up to 40 megawatts, and which qualifies for a FERC exemption for City of Bend municipal use.

Small scale alternative energy system means those energy systems that provide a limited amount of energy directly to the user from renewable sources such as solar, wind and water (hydro systems). Typically, a small scale system would have a capacity of no more than 10 kW for solar or wind and 100 kW for hydro. For small hydroelectric facilities for City of Bend municipal use see BDC 3.6.300(Q), Small Hydroelectric Facilities.

Solar access means protection from shade for a specific area during specific hours and dates, but not including protection from shade cast by exempt vegetation.

Solar access permit means the instrument issued by the City which limits the size of nonexempt vegetation on certain lots in the vicinity of a recorded solar collector.

Solar heating hours means the hours and dates during which solar access is provided.

Solar height restriction means the allowable height of buildings, structures, and nonexempt vegetation on a property burdened by the solar access of another property.

Special planned districts means detailed plans. Special planned districts are located in BDC Chapter 2.7, Special Planned Districts, Refinement Plans, Area Plans and Master Plans.

Step-back means a portion of a building’s facade in which the upper story(ies) are set further from the property line(s) than the lower story(ies), forming a flat shelf or step between them.

Stormwater facility means a detention and/or retention pond, swale, drywell, or other surface water feature that provides storage during high-rainfall events and/or water quality treatment.

Story means that part of a building intended for occupancy located between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the finished ceiling directly above. A basement is not counted as a story. (See illustration for “story” following the definition for “basement” in this section.) Occupiable space located above a garage is not considered a second story if the ridge/peak or height of the roof above the garage is equal to or lower than the peak/ridge or height of the primary one-story dwelling unit.

Street access means safe and efficient passage for pedestrians and vehicles to circulate from private and public property through a connected street system. See BDC 3.1.400.

Street connectivity means street or road connections or intersection within a specific geographic area generally achieved through the use of a grid street pattern.

Street furniture/furnishings means benches, lighting, bicycle racks, drinking fountains, mailboxes, kiosks, and similar pedestrian amenities located within a street right-of-way.

Street grade means (1) a reference to the slope of a street, or (2) the reference point for measuring the height of a building in the CBD Zone.

Street or road means a public or private thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords access to two or more parcels of abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare.

The eight types of streets are:

1.    Arterial means a restricted access street of substantial continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the City of Bend. These include principal, major and minor arterials.

2.    Collector means a restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic, bicyclists, and pedestrians between arterials and local streets. These include major collectors.

3.    Cul-de-sac means a short street having one end open to traffic and terminated by a circular vehicle turnaround. Cul-de-sacs shall include partial cul-de-sac bulbs or “eyebrows” designed and developed according to City standards.

4.    Expressway means a major highway with limited access that is designed for fast travel.

5.    Frontage road means a minor street parallel and adjacent to a major arterial providing access to abutting properties, but protected from through traffic.

6.    Local means a street intended primarily for access to abutting properties.

7.    Mid-block lane means a narrow, limited use roadway facility usually used to access a limited number of dwelling units, similar to an alley in design. See BDC 4.3.700, Infill Development Options.

8.    T-courts means a private street less than or equal to 150 feet in length that has one end open to traffic and is terminated by a rectangular or “hammerhead” vehicle turnaround.

Street stub means a temporary street ending; i.e., where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end, dead-end street or cul-de-sac.

Street tree means a tree planted in the right-of-way adjacent to the street.

Structure means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools, decks, and covered patios, but excepting ground-level outdoor areas such as paved areas, driveways or walks. “Building” and “structure” are not interchangeable terms. A building is one type of structure that shelters humans, animals and the like.

Subdivision means to divide land into four or more lots within a single calendar year.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.    Before the improvement or repair is started; or

2.    If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1.    Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Sun chart means a photograph or photographs, taken in accordance with the guidelines of the Development Services Director, which plots the position of the sun during each hour of the day and each month of the year relative to a protected area. The sun chart shall contain at a minimum:

1.    Solar altitude in 10-degree increments;

2.    Solar azimuth measured from true south in 15-degree increments;

3.    If the solar collector is more than 20 feet wide, the southern skyline as seen from the two end points and from the center point of the lower edge of the protected area; or

4.    A clear delineation of the existing objects which cast shadows on the protected area, including hills, structures, and deciduous and evergreen vegetation.

Supplementation of application means an applicant’s submittal of additional evidence or argument that merely clarifies or supports a pending application, but which does not constitute a “modification of application” as defined herein.

Swale means a type of stormwater facility. A broad, shallow depression used to provide a required volume of on-site storage for stormwater, typically planted with plants that filter and process contaminants.

T

Tandem parking means     the parking of a motor vehicle behind another, such that a vehicle needs to be moved in order to move the other vehicle.

Tasting room means a retail use or an ancillary use to a food and beverage processing and packaging use, that is associated with a brewery, winery, cidery or distillery, where guests sample and purchase products. No food for sale or full-size beverages are served on site.

Temporary housing means a permanent facility providing temporary shelter for individuals and/or families who are homeless or in transition. Services may be provided including, but not limited to, accommodations, meals, toilet/bathing facilities, clothing/laundry, case management services and information on or referral to other community resources.

Tentative plan means a map setting forth the proposed plan of a partition or subdivision in conformance with the provisions of this code and subject to review and modification; not a plat as defined herein.

Topographical constraint means where existing slopes, wetlands, water bodies, rock outcroppings, or other physical features of a site, which are not caused or created by the applicant or his or her agents, prevent conformance with a code standard.

Tract, private/public means a piece of land in an approved partition or subdivision that is set aside from the created lots or parcels for dedication to the public, a homeowners association, or other entity (e.g., for open space, future development, recreation facilities, sensitive lands, private streets, or other similar purposes).

Traffic calming means a design or set of street design features, such as traffic circles, chicanes, curb bulb-outs, chokers, or neck-downs, used to slow traffic, reduce pedestrian crossing distances, define areas of pedestrian travel, and discourage nonlocal traffic.

Traffic control means any sign, signal, roundabout, median or other device placed, operated or erected under authority of a road authority, as defined by State law, for the purpose of guiding, directing, warning or regulating vehicular or pedestrian traffic.

Trails. See “Access corridor.”

Transit facility means public or private improvements at selected points along existing or future transit routes for passenger pick-up, drop off and waiting. Improvements may include pullouts, shelters, waiting areas, benches, information and directional signs or structures, and lighting.

Transit-oriented development means development at or within one-fourth mile walking distance of a transit center, transit stop, or station. Development or design of the site places a priority on facilitating safe and convenient pedestrian circulation and access, reducing automobile reliance and parking needs, and minimizing conflicts between vehicles and pedestrians.

Transit route means an existing or future route for public intra-city or intra-urban transit service in the local or regional transportation plan, not including temporary routes or routes which are planned to be replaced.

Transmission facility means the conductors, lines, poles, towers, structures, corridors, and construction staging and assembly areas necessary for or associated with the transmission of electricity from a generating facility for distribution.

Transportation corridor means a linear or curvilinear area of existing or planned right-of-way, defined by the outer edges of the existing or planned right-of-way, which contains or will contain improvements intended for one or more modes of transportation. Transportation corridors are generally composed of collector streets and those of higher classification, but may include portions of the local street system where traffic on the local streets influences the higher classification streets.

Transportation Demand Management (TDM) means the application of strategies and policies to reduce travel demand (specifically that of private vehicles), or to redistribute this demand in space or in time.

Transportation facilities and infrastructure means the physical improvements used to move people and goods from one place to another (i.e., streets, sidewalks, pathways, bike lanes, airports, transit stations and bus stops, etc.).

Transportation Mitigation Plan means an adopted plan for an area in the City that contains alternate transportation designs and functionality standards. A Transportation Mitigation Plan is typically adopted into this code as part of an Area Plan or Master Plan Development.

Transportation mode means the method of moving people or goods (e.g., automobile, bus, walking, bicycling, etc.).

Transportation System Plan (TSP) means an overall plan for all transportation modes in the urban area as required by the Transportation Planning Rule. Major policy issues in the TSP are discussed in the Transportation Systems chapter in the Bend Comprehensive Plan.

Travel lane means one or more lanes or a street or roadway designed and designated for the movement of motor vehicles, whether or not delineated with striping on the pavement.

Travel trailer means either a vacation or a self-propelled vehicle or structure equipped with wheels for street or highway use, intended for human occupancy, and being used for vacation and recreational purposes, but not for residential purposes, and equipped with plumbing, sink or toilets.

Travel trailer/recreational vehicle park or campground means a lot or parcel upon which two or more travel trailers, recreational vehicles, motor homes, tent trailers, tent sites, campers or similar vehicles or devices are located or permitted on an outright basis (except as used for storage purposes, or otherwise approved as a temporary use), regardless of whether a fee is charged for such accommodations.

Triplex means three dwelling units on one lot or parcel. For permitting purposes, units may be attached vertically or horizontally or detached.

U

Unbuildable area means an area in which a structure could not be built as a permitted or conditional use under the provisions of this code.

Unbundling parking means that parking is sold, leased, or rented separately from the building or main use of the lot or parcel.

Urban Growth Boundary (UGB) means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map.

Urbanizable Area (UA) District means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the City limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459.

Usable marijuana means the dried leaves and flowers of marijuana. “Usable marijuana” does not include:

1.    The seeds, stalks and roots of marijuana; or

2.    Waste material that is a by-product of producing or processing marijuana.

Use means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

Use, primary means an activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use. The primary use usually occupies more than 50 percent of the gross floor area of a building or consists of more than 50 percent of a development, but floor area percentage may not be determinative of primary use on its own.

Use, secondary means any approved use of land or a structure that is incidental and subordinate to the primary use, and located in the same building or in the same development area as the primary use. Secondary uses do not occur or exist in the absence of at least one primary use. Secondary uses are not accessory uses, except as otherwise provided in this code.

Utilities means water and sewer facilities, electric, telephone, natural gas, and other services providing for energy or communication needs.

V

Variance means an administrative or quasi-judicial decision to lessen or otherwise modify the requirements of this code. See BDC Chapter 5.1, Variances.

Vertical clearance means the distance between the lowest point of an overhanging structure and the pavement of a driveway or street.

Veterinary clinic means a facility rendering surgical and medical treatment to animals, which may include overnight accommodations for purposes of recovery or boarding. For the purpose of these regulations, small animals shall be deemed to be ordinary household pets, excluding horses, donkeys, or other such animals not normally housed or cared for entirely within the confines of a residence.

W

Water-dependent means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.

Water-related means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoils and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.

Wet bar means an area within a dwelling unit, other than a kitchen, that contains a sink with a maximum size of 18 inches by 18 inches. The maximum size of the trap arm and drain for the wet bar sink must not exceed one and one-half inches. The area is not a wet bar if any of the following is also present: a sink larger than 18 inches; a 220-volt electrical outlet; a gas or propane service line; a dishwashing machine; a range hood, exhaust vent, or similar equipment; or a stove, range, or oven.

Y

Yard means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this code. In determining the required yard for properties abutting the Deschutes River, the edge of the river shall be considered the property line. The edge of the river shall be determined by the ordinary high water mark in conformance with BDC 2.7.600, Waterway Overlay Zone (WOZ).

Yard, front means an open space extending the full width of the lot between the front facade of a building or the front of an unenclosed porch and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code.

Yard, rear means an open space extending the full width of the lot between the rear facade of a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code.

Yard, side means an open space extending from the front yard to the rear yard between the side facade of a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this code.

Z Revised 10/18 Revised 1/19

Zero lot line subdivision or partition means a type of residential subdivision or partition with no setback between dwelling units and providing for individual ownership of each lot.

Zoning district means an area defined by the City’s Zoning Map. [Ord. NS-2318, 2018; Ord. NS-2314, 2018; Ord. NS-2303, 2018; Ord. NS-2302, 2018; Ord. NS-2293, 2017; Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2265, 2016; Ord. NS-2264, 2016; Ord. NS-2263, 2016; Ord. NS-2260, 2016; Ord. NS-2256, 2015; Ord. NS-2251, 2015; Ord. NS-2241, 2015; Ord. NS-2240, 2015; Ord. NS-2195, 2013; Ord. NS-2177, 2012; Ord. NS-2158, 2011; Ord. NS-2150, 2010; Ord. NS-2137, 2009; Ord. NS-2134, 2009; Ord. NS-2122, 2009; Ord. NS-2107, 2008; Ord. NS-2082, 2007; Ord. NS-2072, 2007; Ord. NS-2068, 2007; Ord. NS-2016, 2006; Ord. NS-1914, 2004; Ord. NS-1877, 2003; Ord. NS-1625, 1994; Ord. NS-1584, 1993]