Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Purpose.

16.04.020    Definitions.

16.04.030    Scope of regulations.

16.04.010 Purpose.

The purpose of this title is to establish for the city of Eagle Point a set of regulations and guidelines for the parcelization and development of land within the city, and to complement the city zoning ordinance (EPMC Title 17) to implement, in part, the city comprehensive plan. [Ord. 9-91 § 1 (Exh. A), 1990; Ord. 9-57 § 1 (Exh. A), 1981].

16.04.020 Definitions.

As used in this title, the masculine gender includes the feminine and neuter gender and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall mean:

“Boundary line adjustment” means replatting of the property line between two approved and recorded parcels, not involving creation of new or additional lots or parcels.

“Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected.

“City engineer” means any engineer registered with the state of Oregon employed or designated by the city to perform the function or functions described herein. Such engineer may be employed or designated either generally or with respect to a particular matter or matters.

“Development plan” means any plan adopted by the planning commission for the guidance of growth and improvement of the city, including adjustments made from time to time to meet changing conditions or unanticipated problems and conditions affecting the public or landowners, and shall include the city’s comprehensive land use plan and map, the city’s zoning map and ordinance and the subdivision ordinance codified in this title, as revised.

“Easement” means a grant of the right to use a strip of land for specific purposes.

“Lot” means a parcel or unit of land that is created by a subdivision of land.

1. “Corner lot” means a lot where at least two adjacent sides of the lot abut streets other than alleys; provided, that the angle of intersection of the adjacent streets does not exceed 135 degrees.

2. “Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

3. “Through lot” means a lot having frontage on two parallel or approximately parallel streets other than alleys.

“Parcel” means a unit of land that is created by a partitioning of land.

“Partition” means either an act of partitioning land or an area or tract of land partitioned. May be either a major partition or a minor partition.

1. “Major partition” means a partition which includes the creation of a street.

2. “Minor partition” means a partition that does not include the creation of a street.

“Partition land” 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 or land under single ownership at the beginning of such year. “Partition land” does not include a division of land resulting from a lien foreclosure, foreclosure of a recorded contract for sale of real property or the creation of cemetery lots; an adjustment of a lot line by a relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance; or a sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes, provided such road or right-of-way complies with the city of Eagle Point comprehensive plan and ORS 215.213(2)(g) to (s) and 215.283(2) (g) to (r).

“Partition plat” means a final map and other writings containing all the descriptions, locations, specifications and information concerning a major or minor partition.

“Pedestrian way” means a right-of-way for pedestrian traffic.

“Person” means an individual, firm, partnership, corporation, company, association, syndicate or any legal entity, and including any trustee, receiver, assignee or other similar representative thereof.

“Planning commission” means the planning commission of the city.

“Right-of-way” means the area between boundary lines of a street or other easement.

“Sidewalk” means a pedestrian walkway with permanent surfacing.

“Street” 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, including a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry purposes. Includes the terms “road,” “highway,” “land,” “place,” “avenue,” “alley,” or other similar designations.

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

2. “Arterial” means a street intended to provide for high volume travel within Eagle Point or between Eagle Point and other communities, or to and from collectors and other arterials within or without Eagle Point.

3. “Collector” means a street intended to connect traffic between arterials and to service community facilities; used to some extent for through traffic and to some extent for access to abutting properties.

4. “Cul-de-sac (dead-end street)” means a short street having one end open to traffic and being terminated by a vehicle turnaround.

5. “Half street” means a portion of the width of a street, usually along the edge of a subdivision where the remaining portion of the street has been or could later be provided in another subdivision.

6. “Marginal access street” means a minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.

7. “Minor street” means a street intended exclusively for access to abutting properties.

8. “Business or arterial street” means any block of a primary or secondary arterial street wherein a majority of the frontage is used, zoned or intended for business or industrial use.

“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.

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

“Subdivision plat” means a final map, and other writings containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision. [Ord. 2000-15 § 2; Ord. 9-91 § 1 (Exh. A § 1), 1990; Ord. SB/PS-86-1 § 1 (Exh. A), 1986; Ord. 9-57 § 1 (Exh. A § 1), 1981].

16.04.030 Scope of regulations.

A. These regulations apply, as set forth herein, to all subdivisions and partitions in the city of Eagle Point.

B. Subdivisions approved as part of a planned development are exempt from the standard regulations of this title. [Ord. 9-91 § 1 (Exh. A § 2), 1990; Ord. 9-57 § 1 (Exh. A § 2), 1981].