Chapter 18.195 DEFINITIONS

“Access” means the place, means or way by which pedestrians, vehicles or both shall have safe, adequate and usable ingress and egress to a property or use. A private access is an access not in public ownership or control by means of deed, dedication or easement.

“Accessory dwelling unit” means a second or secondary, self-contained, dwelling unit with separate entrance and kitchen, developed in conjunction with an existing single-family residence.

“Accessory structure or use” means a structure or use incidental and subordinate to the main use of the property, including a home occupation, which is located on the same lot with the main use and contributes to the comfort or convenience of persons occupying the property, but not including the keeping of livestock other than ordinary household pets.

“Acre, gross” means 43,560 square feet.

“Acreage, gross” means the proposed size of the site expressed in acreage, including any unbuildable area.

“Acreage, net” means the proposed size of the site expressed in acreage minus any unbuildable area. The following areas are deemed unbuildable for the purposes of calculating net acreage:

(a) Street dedications and those areas used for private streets and common driveways; and

(b) Environmentally constrained lands, such as open water areas, floodplains, water quality facilities, wetlands, natural resource areas, and other preservation areas set aside in separate tracts or dedicated to a public entity; and

“Adequate services” means public water, public sewer, fire protection, drainage and access (local and minor collector roads).

“Adjacent” means near or close. For example, an industrial district across the street from a residential district shall be considered as “adjacent.”

“Alley” means a narrow street through or partially through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.

“Animal hospital” means a place where animals are given medical or surgical treatment and related care.

Apartment house. See “Dwelling, multi-family.”

“Area” means the total area of a sign, including all decorative or structural trim, facing, announcement, demonstration, display, illustration, or any other attention getting device, exclusive of essential structural supports.

“Awning” means a roof-like structure of fabric stretched over a rigid frame projecting from the elevation of a building designed to provide continuous overhead weather protection. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2019-10 § 1 (Exh. A), 2019.]

18.195.020 B definitions.

“Banner” means a sign made of fabric or other nonrigid material with no enclosing framework.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always include the letters A or V.

“Basement” means a space wholly or partly underground, and having more than one-half of its height, measured from the floor to its ceiling, below the average adjoining finished grade.

“Billboards” means signs advertising products, services or events other than those specifically available on the premises.

“Block face” means the distance between the right-of-way line of one intersecting street to the right-of-way line of the next closest intersecting street. Cul-de-sacs shall not be considered as intersecting streets.

“Boarding, lodging, or rooming house” means a building where lodging with or without meals is provided for compensation for not less than three nor more than 15 guests.

“Building” or “structure” shall be as defined by the building code and shall also include a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, retaining walls, stairways, required off-street parking facilities, any well, whether for water, oil or other products, and any underground storage facilities; but excluding driveways, walks, and similar slab construction not exceeding the surrounding ground level by six inches.

“Building area” means the gross cubic area of any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

“Bulk retail use” means a retail use that is housed in a warehouse style building, is developed as a warehouse style building both on the interior and exterior, sells primarily institutional sized or multi-pack products in bulk quantities, has limited hours of operation and is not part of a larger shopping center. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.030 C definitions.

“Camping vehicle” means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and which is intended for human occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink, or toilet.

“Canopy” means a permanent, fixed shelter.

“Certified child care center” means a child care facility that is certified to care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a building constructed as other than a single-family dwelling.

“City” means the city of Cornelius, Oregon.

“Child” means a person under the age of 13 years.

“Child care home, state registered or certified” means a family child care home 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.

“Clinic, outpatient” means an establishment where human patients are examined or treated by physicians, surgeons, optometrists, dentists or similar state licensed professionals of the healing arts, with patients not lodged overnight.

“Commission” means the city planning commission.

“Condominium, residential” means individual ownership of a housing unit in a multiunit housing structure.

Contiguous. See “Abut.”

“Coverage, lot” means that percentage of the total lot area covered by buildings, including covered parking areas.

“Crown cover” means the area within the drip line or perimeter of the foliage of a tree.

“Cul-de-sac” means a short dead-end street with a circular turn-around at the end. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2019-10 § 1 (Exh. A), 2019.]

18.195.040 D definitions.

“Density, net” means the number of dwelling units per unit of land expressed as the number of acres of land per dwelling unit. The net density for any lot is computed by dividing the net acreage of the parcel by the number of dwelling units.

“Deteriorated” means to have reached a state or condition that promotes degradation or decline in the quality and/or appearance of a structure, so as not to represent the authorized/permitted condition.

“Development” means the act of bringing about growth, to construct or alter a structure, to make a physical change in the use or appearance of land, to divide land into parcels, or to create or terminate rights of access.

“Development” means any short plat, partition, subdivision or planned unit development that is created under the city’s land division or zoning regulations.

Development. For the purpose of the flood area zone in this code, “development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.

“Development permit” means any permit required for development, including but not limited to construction, enlargement or alteration of a structure or to make a physical change in the use or appearance of the land.

“District” or “zoning district” means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

“Drive-in use” means any commercial use which permits the driver to transact business from his automobile.

“Drive-up window facility” means a facility, whether it be a primary or accessory use, other than automobile service station, which is designed to allow patrons to make purchases or receive services at a window or service area while remaining in their motor vehicles.

“Dwelling, cottage cluster” means a group of four or more detached dwelling units per acre with a footprint of less than 900 square feet that includes a common courtyard. Cottage cluster dwelling units may be located on a single parcel or on individual parcels.

“Dwelling, detached single-unit” means a detached building containing one dwelling unit on a single parcel or lot.

“Dwelling, duplex” means a building containing two attached or detached dwelling units located on a single parcel.

“Dwelling, middle housing” means a duplex, triplex, quadplex, townhouse, or cottage cluster.

“Dwelling, multi-unit” means a building containing five or more dwelling units on a single lot or parcel.

“Dwelling, prefabricated” means a prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a dwelling.

“Dwelling, quadplex” means a building containing four attached or detached dwelling units located on a single parcel or lot.

“Dwelling, townhouse” means two or more dwelling units, separated by common walls on the property lines. Each common wall has a zero lot line setback.

“Dwelling, triplex” means a building containing three attached or detached dwelling units located on a single parcel or lot.

“Dwelling unit” means a residence consisting of self-contained living quarters with individual sleeping, cooking and bathroom facilities, constructed on a lot or parcel. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022.]

18.195.050 E definitions.

“Emergency access” means entry to or passage through an area by police, fire, and other authorized emergency response personnel in the course of, and specifically for the purpose of performing, their official duties, including responding to emergencies, inspections, drills, and simulation exercises.

“Employee” means all persons (including proprietor, executives, professional people, production, sales and distribution employees) working on the premises during the largest shift.

“Erect” means to build, construct, attach, hang, place, suspend or affix, and also includes the painting of wall signs.

“Exempt tree or vegetation” means the full height and breadth of vegetation that the city manager or his designee has identified as “solar friendly” and any vegetation listed on a plat map, a document recorded with the plat, or a solar access permit as exempt. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.060 F definitions.

“Facing” or “surface” means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

“Family” means an individual, or two or more persons related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than three additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit.

“Fence, sight-obscuring” means a fence or living evergreen planting arranged in such a way as to obstruct vision.

“Fill” means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled, moved or transported on the site and includes the conditions resulting therefrom. The placement of fill is development of land.

“Flag lot” means a lot or parcel that is set back from the street at the rear or at the side of another lot or parcel, with vehicular access to the street provided by an accessway.

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

(a) The overflow of inland or tidal waters; and/or

(b) The unusual and rapid accumulation of runoff of surface waters from any source.

“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.

“Floodplain” means the area adjoining a river, stream, or watercourse which may be subject to periodic inundation of floodwaters.

“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.

“Floor area” means the area included in surrounding walls of a building or portion thereof, exclusive of vent shafts and courts.

“Floor area ratio” means the amount of gross floor area in relation to the amount of net site area, expressed in square feet. For example, a floor area ratio of two to one means two square feet of floor area for every one square foot of site area.

“Freestanding sign” means a sign supported by one or more uprights, poles or braces placed in or upon the ground, or a sign supported by any structure primarily for the display and support of the sign.

“Front lot line” means, for purposes of the solar access regulations, a lot line abutting a street. For corner lots, the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to and closest to the street, excluding the pole portion of the flag lot (see Figure 1 following Chapter 18.165 CMC). [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; amended during 2007 recodification; Ord. 2016-011 § 1 (Exh. A), 2016.]

18.195.070 G definitions.

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

“Garage, public” means a building other than a private garage used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.

“Garage sale” means a sale as regulated by Chapter 5.30 CMC, Business.

“Garden store” means a retail store for the sale of garden supplies and plants that are used in the care and development of residential property.

“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

“Ground sign” means a sign supported by one or more supports placed upon the ground, not attached to any building.

“Grove” means a stand of three or more trees of the same species or mix, which form a visual and biological unit. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.080 H definitions.

“Height of building” means the vertical distance from the “average grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the point midway between the ridge and the eaves of a pitch or hip roof.

“Height of sign” means the vertical distance above grade to the highest point of the sign. This measurement is taken from the finished ground level, excluding mound, berms, etc., to the top of the sign or the highest portion of the sign structure or frame, whichever is greater.

“Home occupation” means any lawful activity conducted within a dwelling by members of the immediate family on property located within a residential zone for the purpose of earning income which activity involves:

(a) Personal appearances by customers on the property, by more than one customer per week or by 10 or more customers at any one time during any one-month period; or

(b) Any advertising which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; or

(c) Any commercial activity which creates noise levels audible beyond the property line of the property upon which the residential dwelling is located; or

(d) Activities which attract more than two commercial deliveries of goods and services daily; or

(e) Outside storage of materials or products which are used in or created by the income producing activity.

Home occupations may include offices, studios, specialized instructional schools, or registered or certified family child care homes. Home occupations shall be accessory to the primary use of the dwelling for residential use.

“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.

“Hotel” means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the lodging rooms. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2019-10 § 1 (Exh. A), 2019.]

18.195.090 I definitions.

“Illuminated sign” means any sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes.

“Improvements, land” means improvements and amenities that shall be constructed on a site that will have a public impact either with development or during construction, but shall be privately maintained, such as private streets, mass site grading, ponds, benches, etc.

“Improvements, public” means land divisions and needed work to create new lots for the time of the construction that a public agency will own and maintain, such as public streets, sidewalks, sewers and water.

“Inoperable vehicle sign” means any sign attached or painted on a vehicle or trailer that is not operable and does not have a current valid license.

“Interior lot line” means any lot line which is not a street side lot line.

“Interior yard” means any yard which is not a street side yard. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.100 J definitions.

Reserved.

18.195.110 K definitions.

“Kennel” means a lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.120 L definitions.

“Land development” means approved improvements that will be privately maintained, but may have a public impact, such as mass site grading, private streets, amenities (ponds, benches, gazebos, etc.).

“Land development application” shall include any application or proceeding relating to the use and/or development of real property.

“Landscaping” means an exterior planted or vegetated area designed to be aesthetically appealing. The elements of landscaping include all forms of planting and vegetation, all adjustments, refinements, or designed developments in ground forms, rock groupings, or water patterns. Landscaping does not include artificial plants, shrubs or flowers, completely enclosed buildings or primarily utilitarian engineering structures such as walks, steps, walls, shelters, play areas, etc. These are the elements used to develop and refine space between, around, or within buildings and vehicular circulation elements.

“Lawful” means conformable to law, authorized or established by law. (From Webster’s Seventh Dictionary.)

“Lot” means a unit of land created through a subdivision.

“Lot area” means the total horizontal area within the lot lines of a lot.

“Lot, corner” means a lot abutting on two intersecting streets other than an alley; provided, that the streets do not intersect at an angle greater than 135 degrees.

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

“Lot width” means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]

18.195.130 M definitions.

“Marijuana facility” means a permanent or temporary structure housing an activity involved with the growing, processing, wholesaling or selling of marijuana, cannabinoid product, cannabinoid concentrate, or cannabinoid extract regulated by the Oregon Health Authority or the Oregon Liquor Control Commission.

“Marquee” means a permanently fixed structure extending over the entrance to a building and serving some purpose other than strictly to provide shelter.

“Master plan” means a plan for a defined geographic area in single or multiple ownership that is consistent with the comprehensive plan and includes a land use and circulation plan, development standards, design guidelines, an open space plan, utilities plans and a program of implementation measures and other mechanisms needed to carry out the plan. The plan shall be created through the land use review processes of this code pursuant to Chapters 18.100 and 18.105 CMC, as applicable.

“Middle housing land division” means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197.758(2) and the partition or subdivision is processed in accordance with the provisions of ORS Chapter 92, CMC Title 17 (Subdivisions) and this title (Zoning). The lot or parcel that is the subject of the land division is referred to as the middle housing primary lot; a lot created by the division is referred to as a middle housing secondary lot.

“Middle housing primary lot” means a lot or parcel that is developed, or proposed to be developed, with middle housing, and which may therefore be further divided through a middle housing land division to create middle housing secondary lots.

“Middle housing secondary lot” means a unit of land created from the division of a middle housing primary lot through a middle housing land division.

“Mobile home” means:

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

(b) Mobile House. A structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes, and 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.

(c) Manufactured Home. A structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction safety standards regulations in effect at the time of construction.

“Mobile home accessory building or structure” means any awning, portable, demountable, or permanent cabana, ramada, carport, porch, skirting, or steps established for use of the occupant of the mobile home and which are designed or intended to be attached to and which depend, in whole or in part, upon the mobile home for structural support.

“Mobile home construction and safety standard, federal” means a standard for construction, design and performance of a mobile home promulgated by the Secretary of Housing and Urban Development pursuant to the Federal National Manufactured Housing Construction and Safety Standards Act of 1970 (Public Law 93.383).

“Mobile home park” means any place where four or more mobile homes are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Mobile home park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one mobile home per lot if the subdivision was approved by the local government unit having jurisdiction under a title adopted pursuant to ORS 92.010 to 92.190.

“Mobile structure” means a structure transportable in one or more sections, each built on a permanent chassis.

“Motel” or “auto court” means a group of attached or detached buildings containing individual sleeping or living units generally for the temporary use by automobile tourists or transients, includes auto courts, hostels and motor lodges.

“Moving sign” means any sign or advertising structure, with mechanical or electronic parts, which create any visible moving features or displays. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2022-03 § 1 (Exh. A), 2022.]

18.195.140 N definitions.

“Nonconforming structure or use” means a lawful existing structure or use at the time Ordinance No. 266 or any amendment becomes effective which does not conform to the requirements of the zone in which it is located.

“Nonexempt tree or vegetation” means vegetation that is not exempt.

“Normal household pets” include but are not necessarily limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles or nonpoisonous snakes. This shall not include any livestock or miniature livestock as referenced in CMC 9.10.140.

“North-south dimension” means the length of a line beginning at the mid-point of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 3 following Chapter 18.165 CMC).

“Northern lot line” means the lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If two lot lines have an identical angle relative to a line drawn east-west, then the northern lot line shall be a line 10 feet in length within the lot parallel with and at a maximum distance from the front lot line (see Figure 2 following Chapter 18.165 CMC).

“Nursery,” or “day care facility” means a facility that provides day care for up to 12 children, including the provider’s children. This term applies to the total day care operation (physical setting, equipment, staff, provider, program, and care of children) and includes day care center, group day care home, home of a family care provider, nursery school, preschool, kindergarten, child care development center, and child playschool, except those facilities excluded by law. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]

18.195.150 O definitions.

“Obsolete sign” means any sign which no longer applies to the business, property or site upon which it is located.

“Outline illumination” means lighting around the exterior of a sign face consisting of exposed reflective-type bulbs, strobe lights, incandescent lamps exceeding 40 watts, and fluorescent lamps.

“Owner” means an individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.160 P definitions.

“Parcel” means a unit of land created through a partition or a unit of land that has not been divided in accordance with local regulations adopted pursuant to ORS Chapter 92.

“Park” means any public or private land reserved for recreational, educational, cultural, or open space uses.

“Parking,” as the principal use, means a facility providing for the temporary parking of automobiles and transportation vehicles which arrive and depart daily and remain for a short term.

“Parking space” means a rectangle not less than 20 feet long and eight and one-half feet wide, together with maneuvering and access space required for a standard American automobile to park within the rectangle.

“Partition” means either an act of partitioning land or an area or tract of land partitioned.

“Partitioning land” means dividing land to create not more than three parcels of land within a calendar year, but does not include:

(a) Dividing land as a result of a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

(b) Adjusting a property line as property line adjustment;

(d) Selling or granting by a person to a public agency or public body of property for state highway, county road, city street or other right-of-way purposes if the road or right-of-way complies with the applicable comprehensive plan and ORS 215.213(2)(p) to (r) and 215.283(2)(q) to (s). However, any property sold or granted for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned; or

(e) Selling or granting by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

“Pedestrianway” means any sidewalk or walkway that is intended and suitable for pedestrian use.

“Planning commission” means the city planning commission.

“Plat” includes a final map, diagram, drawing, replat, or other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.

“Plaza” means an outdoor area suitable for use by persons and inaccessible to motor vehicles, except police and emergency response vehicles. Plazas must contain special, high-quality pavement materials, such as brickwork, cobblestones, or textured concrete, and may not be paved with chip-seal, asphalt, or similar compounds. Plazas typically contain a combination of specially paved surfaces, landscape elements, seating, and shelter providing full or partial shade. Plazas must be accessible from the public sidewalk, and may support activities such as sitting, informal gathering, eating, and commercial activity in compliance with standards in this title. Distinct types of plazas are defined below:

(a) “Entry plaza” means a semi-private plaza that supports pedestrian passage and provides a transition between the public sidewalk and private interior of a building. An arch, gate, pavement change, or other features may be used to designate the transition between the public sidewalk and the entry plaza.

(b) “Public plaza” means a plaza adjacent to a public sidewalk, which may function as an urban mini-park, provide plaza entrances to one or more buildings or tenant lease spaces, or support passage among areas, such as mid-block access through a block or to parking lots located centrally within the block.

“Portable sign” means a sign that is not permanently affixed to a building, structure, or the ground, a sign designed to be moved from place to place. These signs primarily include but are not limited to A-frame signs, signs attached to wood or metal frames designed to be self-supporting and movable, including trailer reader boards, paper, cardboard or canvas signs wrapped around supporting poles.

“Projected street or roadway” means a street or highway as shown on the comprehensive plan map for which the right-of-way, or any portion thereof, has not as yet been acquired for public use.

“Projecting sign” means a sign which projects beyond the building wall surface more than 12 inches.

“Protected solar building line” means a line on a plat or map recorded with the plat that identifies the location on a lot where a point two feet above may not be shaded by structures or nonexempt trees (see Chapter 18.155 CMC, Figure 10).

“Public/semi-public signs” means those signs erected by a governmental body, nonprofit or service organization to identify parks, recreational facilities, churches, schools, governmental buildings, etc. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]

18.195.170 Q definitions.

Reserved.

18.195.180 R definitions.

“Reader board” means a sign that provides for the manual removal and replacement of lettering, symbols and numbers using such a display face or structure that has been designed for a changing message or advertisement.

“Real estate signs” means those covered under Chapter 18.175 CMC.

“Recreation vehicle” means a boat, camper, motor vehicle, or portable vehicular structure capable of being towed on the highways by a motor vehicle, designed and intended for casual or short-term human occupancy for travel, recreational and vacation uses. If identified in some manner as a recreation vehicle by the manufacturer or registered as such with the state, it is prima facie a recreation vehicle.

“Recreational vehicle” means a vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency purposes and has a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. The unit shall be identified as a recreational vehicle by the manufacturer.

“Residential districts” mean zoning districts that provide for residential use as the primary use. These districts include single-family (R-7 and R-10), multi-family (A-2), and core residential (CR).

“Residential facility” means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, licensed under ORS 443.400 through 443.460 or licensed under ORS 418.205 through 418.327 by the Department of Human Services that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 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 facility.

“Residential home” means a residential treatment or training or adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 through 443.825, a residential facility registered under ORS 443.480 through 443.500 or an adult foster home licensed under ORS 443.705 through 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof 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 local street” means a street that is intended to provide direct access to abutting residential properties and discourage through traffic movements not related to the neighborhood in which the local street is located.

“Residential signs” mean signs identifying an apartment, boarding house, convalescent home, etc.

“Residential street” means a public way, lane, cul-de-sac, local street or neighborhood route serving primarily access functions, directly or indirectly, to one or more parcels that are predominantly residential in character or zoned for residential uses.

“Retail store” means a place of sale to the ultimate consumer for direct consumption and not for resale.

“Right-of-way” means the horizontal area within the boundary lines of any street, highway, road, or way which provides for public use by means of dedication or deed.

“Road” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes.

“Roof line” means either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette; where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the wall on which the sign is located.

“Roof sign” means any signage erected, maintained, and displayed above the eaves of a building or structure and is wholly upon or over the roof of any building. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2019-10 § 1 (Exh. A), 2019.]

18.195.190 S definitions.

“Security” means an irrevocable letter of credit and/or other financial instrument approved by the city.

“Setback” means the minimum allowable horizontal distance from a given point or line of reference to the nearest vertical wall or other element of a principal building or structure as defined herein. The point of line of reference will be the lot line following any required dedication, or a special or reservation line if one is required pursuant to this title.

“Shade” means a shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south.

“Shade point” means the part of a structure or nonexempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south, except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of three feet or less, a chimney, utility pole, or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridgeline of a structure oriented within 45 degrees of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by three feet. If a structure has a roof oriented within 45 degrees of a true east-west line with a pitch that is flatter than five feet (vertical) in 12 feet (horizontal), the shade point will be the eave of the roof. If such a roof has a pitch that is five feet in 12 feet or steeper, the shade point will be the peak of the roof (see Chapter 18.165 CMC, Figures 4 and 5).

“Shade reduction line” means a line drawn parallel to the northern lot line that intersects the shade point (see Chapter 18.165 CMC, Figure 6).

“Shadow pattern” means a graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging between 22.7 degrees east and west of true south (see Chapter 18.165 CMC, Figure 12).

“Sign” means a presentation or representation, other than a house number, by words, letters, figures, designs, pictures, or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid, or other type of advertising. This includes the surface upon which the presentation or representation is displayed. Each display surface of a sign shall be considered to be a sign.

“Solar access height limit” means a series of contour lines establishing the maximum permitted height for nonexempt vegetation on lots affected by a solar access permit (see Chapter 18.165 CMC, Figure 11).

“Solar access permit” means a document issued by the city that describes the maximum height that nonexempt vegetation is allowed to grow on lots to which a solar access permit applies.

“Solar feature” means a device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Examples of a solar feature include a window that contains at least 20 square feet of glazing oriented within 45 degrees east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member of part of a roof, wall, or window. A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of this title.

“Solar gain line” means a line parallel to the northern property line(s) of the lot(s) south of and adjoining given lot, including lots separated only by a street, that intersects the solar feature on that lot (see Chapter 18.165 CMC, Figure 7).

“Solar-oriented lot” means:

(1) A lot with a front lot line oriented to within 30 degrees of a true east-west line. When the lot line abutting a street is curved, the “front lot line” shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the “front lot line” shall mean the lot line that is most parallel to the closest street, excluding the “pole portion of the flag lot”; or

(2) A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within 30 degrees of true north along said line; or

(3) A corner lot with a south lot line oriented to within 30 degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north-south dimension of at least 50 feet. For the purposes of this definition, “permanently reserved open space” shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.

“South” or “south facing” means true south, or 20 degrees east of magnetic south.

“Square feet” means the square feet or gross floor area under roof measured from the face of the building or structure, excluding only space devoted to covered off-street parking or loading.

“Storage, self-service” means the provision of separate storage areas for individual (or business) uses. The storage areas may be designed to allow private access by the tenant for storing and removing personal property. Examples include mini-storage units, multistory facilities and recreational vehicle storage.

“Storage yard” means any lot, or portion of a lot, which is used for the sole purpose of the outdoor storage of fully operable vehicles, construction equipment, construction materials, or other tangible materials and equipment.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

“Street” means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms road, highway, lane, place, avenue, or other similar designations.

“Street side lot line” means a lot line which abuts a public street, alley or way. A given lot may have more than one street side lot line, depending upon the number of lot lines abutting a public street, alley, or way.

“Street side yard” means a yard located between the street side lot line and the nearest point of the building, and between the interior or other streetside lot line or lines of the subject lot.

“Street tree” means any tree located within the public or private right-of-way or easement for vehicular access, or associated public utility.

“Structural alteration” means a change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, or the roof.

“Structure” means that which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.

“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year.

“Subdivider” means an individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under CMC 17.05.040, to effect a subdivision of land hereunder for himself or for another.

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.

“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

“Substantial construction.” Providing there are buildings on the site, the completion of construction of footings for the building where the principal use will take place shall constitute substantial construction.

“Sunchart” means one or more photographs that plot the position of the sun between 10:30 a.m. and 1:30 p.m. on January 21st, prepared pursuant to guidelines issued by the city manager or his designee. The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45-degree and 30-minute northern latitude in 10-degree increments and solar azimuth from true south in 15-degree increments.

“Surety bond” means an irrevocable letter of credit and/or other financial instrument approved by the city. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020.]

18.195.200 T definitions.

“Temporary sign” means a sign, banner, pennant or advertising display constructed of fabric, wood, other light materials, not permanently attached to a building, structure, or the ground.

“Temporary sign, off-site” means a temporary sign approved for placement off the site where the primary use, sale, promotion, condition or similar activity is taking place. An off-site temporary sign permit shall be issued for a time period not to exceed 90 days.

“Temporary sign structure” means a sign or a structural support for a sign which is located directly on the ground, or on a foundation imbedded in the ground.

“Through lot” means a lot other than a corner lot with frontage on more than one street.

“Time-temperature display” means any sign displaying time and temperature to the public.

“Transit route” means any public right-of-way where transit service is currently provided or a location planned for future transit service as identified in the transportation system plan or other adopted city plans.

“Transit route, major” means a transit route which serves areas planned and zoned for higher population and employment densities such as Metro 2040-designated regional centers, town centers, employment centers, main streets, station communities, and corridors.

“Transit stop” means any area posted as a transit stop where transit passengers board or exit.

“Transit stop, major” means an existing transit stop, or one shown in an adopted city plan, located on a major transit route and serving areas planned and zoned for higher population and employment densities such as Metro 2040-designated regional centers, town centers, employment centers, main streets, station communities, and corridors.

“Transit stop, minor” means an existing transit stop not located on a major transit route.

“Tree” means any woody, perennial plant, deciduous, evergreen or coniferous, characterized by having a main trunk of six inches or more in diameter 54 inches above natural grade (dbh). In cases of multi-stemmed or trunked trees, the diameter shall be the sum of diameters of all individual stems or trunks. Trees of less than six inches may be considered under this section if they are designated as historic or significant trees. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003; Ord. 2018-02 § 1 (Exh. A), 2018.]

18.195.210 U definitions.

“Undevelopable area” means an area that cannot be used practicably for a habitable structure because of natural conditions, such as slopes exceeding 20 percent in a direction greater than 45 degrees east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion, or manmade conditions, such as existing development which isolates a portion of the site and prevents its future development, setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement, or existence or absence of easements or access rights that prevent development of a given area.

“Use” means the purpose for which land or structure is designed, arranged, or intended or for which it is occupied or maintained. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.220 V definitions.

“Vegetation” means any perennial plant, deciduous, evergreen or coniferous, which is not defined as a tree.

“Vehicle repair” means the general repair, alteration, rebuilding, maintenance or reconditioning of vehicles, including motor, body, frame, upholstery, interior or paint work.

“Vehicle sales lot” means a lot used for display, sale or rental of new or used vehicles, including, but not limited to, automobiles, boats, trailers and recreational vehicles.

“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no planting, walls, structures, or temporary or permanent obstructions exceeding 30 inches in height, except occasional tree trunks or poles. The vision clearance area shall be measured from the top of the curb or, if there is no curb, from the center line street grade and extend upward 10 feet. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.230 W definitions.

“Wall” means a linear, exposed face of a structure, not projecting more than 12 inches.

“Wall sign” means a sign attached to or painted on the exterior wall of any building or other structure. This includes signs attached to canopies, awnings, marquees or similar structures.

“Wholesale” means the bulk sale of goods generally for resale to a person other than the direct consumer. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.240 X definitions.

Reserved.

18.195.250 Y definitions.

“Yard” means an open space on a lot which is unobstructed from the ground upward. [Code 2000 § 11.60.00; Ord. 841 Exh. 2, 2003.]

18.195.260 Z definitions.

Reserved.