Chapter 17.12
DEFINITIONS
Sections:
17.12.010 Definitions.
For the purpose of this title, certain words, terms and phrases are defined as follows:
Words used in the present tense include the future; the singular member includes the plural; and the word “shall” is mandatory and not directory. Whenever the term “title” is used herewith it shall be deemed to include all amendments thereto as may hereafter from time to time be adopted.
“Abut” means contiguous to; for example, two lots with a common property line are considered to be abutting.
“Access” means the place or way by which pedestrians or vehicles shall have safe, adequate and usable ingress and egress to a property, use, or parking space.
“Accessory building or use” means any detached subordinate structure or building, the use of which is incidental and subordinate to that of the main building or use on the same lot.
“Accessory dwelling unit” means any attached or detached single-family dwelling unit which is incidental and subordinate to that of the main residence located on the same lot.
“Adjacent” means near, close; for example, an industrial district across the street or highway from a residential district shall be considered as “adjacent.”
“Adjoin” means the same as “abut.”
“Adult businesses” means an adult bookstore, adult movie house, a combination adult bookstore/adult movie house, or any business, other than a bar, tavern, or other establishment for the sale and consumption of alcoholic beverages, which forbids or restricts sales to or excludes minors.
1. “Adult bookstore” means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals or video tapes which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
2. “Adult movie house” means an establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below) for observation by patrons therein.
3. “Specified Sexual Activities” and “Specified Anatomical Areas.”
“Specified sexual activities” is defined as:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of masturbation, sexual intercourse or sodomy;
c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
“Specified anatomical areas” is defined as:
a. Less than completely and opaquely covered:
i. Human genitals, pubic region;
ii. Buttock;
iii. Female breast below a point immediately above the top of the areola;
b. Human male genitals in a discernibly aroused or turgid state, even if completely and opaquely covered.
“Advertising structure” means any notice or advertisement, pictorial or otherwise, and any structure used as, or for the support of, any such notice or advertisement, for the purpose of making anything known about goods, services, or activities not on the same lot as the said advertising structure.
“Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities; and provided further, that the above uses shall not include the operation of a feed lot or other commercial feeding of animals. This definition is not intended to comply with Oregon State laws relating to farm uses.
“Alley” means a public way not over 20 feet wide providing a secondary means of access to property.
“Alter” means any change, addition or modification in construction or occupancy of a building or structure.
“Amendment” means a change in the wording, context, or substance of this title or a change in the zone boundaries or area district boundaries upon the zoning map.
“Animal hospital” means a place where animals or pets are given medical or surgical treatment or other veterinary services and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
“Apartment” means a dwelling unit in a multiple-family building.
Apartment House. See “Dwelling, multiple-family.”
“Assessor” means the county assessor of Jackson County.
“Automobile repair, major” means the general repair, rebuilding or conditioning of engines, motor vehicles or trailers; collision service including body, frame or fender straightening or repairs; overall painting or paint shop.
“Automobile repair, minor” means upholstering of, replacement of parts for and motor service to passenger cars and trucks not exceeding one and one-half tons’ capacity, but not including any operation named under “automobile repair, major” or any other similar operation.
Automobile Sales. See “Motor vehicle and/or trailer sales area.”
Automobile Service Station or Filling Station. See “Service station.”
“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.
“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling. The floors and walls of the area are finished to permit dry storage or occupancy. A basement, when designed for or occupied by business or manufacturing, or with a ceiling height of over six feet shall be considered a story. (See Figure 17-1.)
“Bed and breakfast” means a single-family residence in the R-1 or R-2 zoning districts or in the designated town center containing rooms for rent in accordance with EPMC 17.20.030(I), 17.22.030(J) and 17.52.310. The facility must be owner occupied or be located on an adjoining parcel having a common property line with the proprietor’s place of residence.
“Billboard” means the same as “advertising structure.”
“Boarding and/or rooming house” means a building other than a hotel, motel or multiple-family dwelling with not more than five guest rooms where lodging is provided with or without meals for compensation for not more than 10 persons, but shall not include homes for the aged and nursing homes. The building shall not contain more than one kitchen.
“Boat yard” means a place where boats are constructed, dismantled, stored, serviced or repaired, including maintenance work thereon.
“Building” means any structure built and maintained for the support, shelter or enclosure of persons, motor vehicles, animals, chattels or personal or real property of any kind. The word “building” as used in this title shall include the word “structure.”
“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest gable of a pitch or hip roof.
Exceptions: roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building. Skylights, spires, flagpoles and chimneys may be built and maintained to a height greater than the limit; provided, however, that no structure in excess of the allowable building height shall be used for providing additional living or floor space.
“Building inspector” means the building inspector of the city of Eagle Point, Oregon.
“Building lot” means a lot occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, together with such open spaces as are required by this title, having the required frontage on a street and having access to sewer, water and electric utilities.
“Building, main” means a building within which is conducted the principal use permitted on the lot, as provided in this title.
“Bulk meat processing and sales” means those land uses in which the operator is required to hold a meat custom processing license issued by the state of Oregon.
“Camping vehicle” means either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use, 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.
“Campus living organization (fraternity, sorority or dormitory)” means any living organization having a common kitchen, but providing facilities for student housekeeping, which has received official sanction from an institution of higher learning or hospital and is operated on a nonprofit basis.
“Carport” means a stationary structure consisting of a roof with its supports and not more than one wall or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.
“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. The floors and walls of the area are unfinished or are partially natural soil. (See Figure 17-1.)
“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbaria, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
“Channel” means the bed in which the main stream of a creek, irrigation ditch or river flows. It is a general term applicable to any watercourse, whether stream, creek, slew or canal. The channel of a stream as determined by the natural configuration of the land through which it flows; the floor or bed on which the river or creek flows, and the bank of each side thereof as carved out by natural causes.
“Church” means a permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
“City” means the city of Eagle Point, Oregon.
“City council” or “council” means the city council of the city of Eagle Point, Oregon.
“City engineer” means the city engineer of the city of Eagle Point, Oregon.
“City planner” means the planning director of the city of Eagle Point, Oregon.
“Cleaning agencies” means a place where chemicals are used for the purpose of cleaning clothes, leathers and other materials.
“Clinic” means single or multiple offices for physicians, surgeons, dentists, chiropractors, osteopaths, and other members of the healing arts including a dispensary in each such building to handle only merchandise of a nature customarily prescribed by occupants in connection with their practices. The term does not include facilities for the overnight housing of patients.
“Clinic, small animal” means the same as “animal hospital.”
“Club” means any organization, group or association of persons, supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests, but shall not include any organization, group, or association, the chief activity of which is to render a service customarily carried on as a business for profit.
“Commission” or “planning commission” means the planning commission of the city of Eagle Point, Oregon.
“Conditional use” means a use which may be permitted subject to the granting of a conditional use permit. This use requires specific consideration due to effect on surrounding properties and effect on the growth and development of the city as a whole.
“Contiguous” means the same as “abut.”
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings.
“Crop and tree farming” means the use of land for horticultural purposes.
“Day nursery” means any institution, establishment or place in which are commonly received at one time six or more children not of common parentage, under the age of six years, for a period or periods not exceeding 12 hours, for the purpose of being given board, care or training apart from their parents or guardians for compensation or reward.
“Development site” means a development site either:
1. A lot of record existing on the effective date of the ordinance codified in this title; or
2. A tract of land either unsubdivided or consisting of two or more contiguous lots of record located within a single block which on the effective date of the ordinance codified in this title was in a single ownership; or
3. A tract of land located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy) is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single ownership.
A “development site,” therefore, may or may not coincide with a lot as shown on the official tax maps of Jackson County for the city of Eagle Point or on any recorded subdivision plat or deed.
For the purpose of this definition, ownership of a “development site” is deemed to include a lease of not less than 50 years’ duration, with an option to renew such lease so as to provide a total lease of not less than 75 years’ duration.
A “development site” may be subdivided into two or more development sites; provided, that all resulting development sites and all buildings thereon shall comply with all of the applicable provisions of this title. If such “development site,” however, is occupied by a nonconforming structure, such “development site” may be subdivided provided such subdivision does not create a new noncompliance or increase the degree of noncompliance of such structure.
“District” means a portion of the territory of the city of Eagle Point within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this title.
1. Where certain uses are required to be specified distance from “any R district,” as provided in this title, the term “any R district” shall include any R-1, R-2, R-3 and R-4 district.
2. The term “any C district” shall include any C-1 or C-2 district.
3. The term “any I district” shall include any I-1 or I-2 district.
“Dwelling” means a building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily by one or more families, but excluding hotels, motels. and tourist courts.
“Dwelling group” means a group of three or more dwellings attached or detached located on a parcel of land in one ownership.
“Dwelling, multiple-family” means a building designed and used for occupancy by three or more families, all living independently of each other, and having separate housekeeping facilities for each family.
“Dwelling room” means any enclosed room containing more than 70 square feet of floor space and commonly used for living purposes, with the exceptions of: lobbies, halls, closets, storage space, unfinished attics, cellars or basements, bathrooms, utility rooms, or kitchens or other cooking spaces, dinette alcoves, dinettes, or other dining spaces if these are not separated by walls or doors from other dwelling rooms or cooking spaces, dining rooms in dwelling units containing three or more bedrooms. The room count for any dwelling unit is the number of dwelling rooms plus the constant figure of one and one-half which represents the nondwelling rooms listed above. The minimum room count for a dormitory or hotel type of structure shall be two for each dwelling room.
“Dwelling, single-family” means a detached building designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family.
“Dwelling, two-family (duplex)” means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities for each family.
“Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, cooking and eating.
“Family” means either:
1. A person living alone in a dwelling unit; or
2. Two or more persons related by blood or marriage; or
3. A group of not more than five persons not related by blood or marriage, living together in a dwelling unit.
“Farm use” means the current employment of land for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees, or for dairying and the sale of dairy products, or any other agricultural or horticultural use of animal husbandry or any combination thereof. “Farm use” includes the preparation and storage of the products raised on such land for human use and animal use and disposal by marketing or otherwise.
“Feed lot” means any lot or portion thereof where livestock are penned and fed for the purpose of preparing them for resale or slaughter. This definition is intended to apply only to activity carried on as commercial or industrial enterprises and therefore does not apply to the feeding of animals accessory to a dairy use or other permitted use, or to the fattening of animals solely for domestic consumption by the occupants of the premises.
“Fence, sight-obscuring” means a fence or evergreen planting arranged in such a way as to obstruct vision.
“Fill” means to use materials to fill the channel or secondary channels of any stream or water course for the purpose of, or with the inevitable effect of, confining the flow or altering the channel.
“Frontage” means that portion of a parcel of property which abuts a dedicated public street or highway.
“Fumigation chamber” means an enclosure of all or a portion of a building in which poisonous substances are introduced to kill bugs, lice, cockroaches and other vermin which require controls to protect human beings.
“Garage” means a permanently constructed building enclosed with covered roof available for the parking of a motor vehicle.
“Garage, private parking” means a publicly or privately owned structure having one or more tiers of height used for the parking of vehicles of tenants, employees or owners of the property for which the parking garage is intended.
“Garage, public parking” means a publicly or privately owned structure having one or more tiers of height used for the parking of automobiles and open for use by the general public, either free or for remuneration. Public parking garages may include parking spaces for customers, patrons, or clients who are required by this chapter, provided said parking spaces are clearly identified as free parking spaces for the building or use required to provide said spaces.
“Garage, repair” means a building used for the storage, parking, care or repair of motor vehicles, or where such vehicles are kept for remuneration, hire, or sale.
“Grade (ground level)” means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet or less of a sidewalk, alley or other public way, the above ground level shall be measured at the sidewalk, alley or public way in relation to the center of the parallel wall.
“Group care home” means a building or complex used to provide boarding, long-term care, or nursing services for six or more unrelated persons who are physically or mentally handicapped, aged or infirm.
“Guest house” means an accessory building designed, constructed and used for the purpose of providing temporary living accommodations for guests or for members of the same family as that occupying the main structure, and containing no kitchen or kitchen facilities.
“Hardship” means a condition under which the strict adherence to the standards of this title would result in the virtual confiscation of the property in question; a condition so injurious to bear as to deprive a property owner of the use of his land.
“High-rise apartment” means living units designed to a structure height over four and one-half stories or 45 feet.
“Home occupation” shall mean a use conducted by a member of the family residing on the premises entirely within a building. The use must maintain the residential character of the building. The use may not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
“Hospital” means any institution, place, building or agency devoted primarily to the rendering of healing, curing and nursing care, which maintains and operates facilities for the diagnosis, treatment and care of two or more unrelated individuals suffering from illness, injury or deformity, or where obstetrical or other healing, curing and nursing care is rendered over an overnight period or a longer period.
“Hotel (motor hotel, tourist court)” means any building or group of buildings used for transient residential purposes containing six or more guest rooms without housekeeping facilities which are intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests.
“Junk yard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of, used furniture and household equipment, used cars in operative condition, or salvaged materials incidental to manufacturing operations.
“Kennel” means any lot or premises on which five or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation. An adult cat or dog is one of either sex, altered or unaltered, that has reached the age of six months. This definition does not include veterinary clinics and animal hospitals.
“Loading space” means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley, or other appropriate means of ingress and egress.
“Lot” means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required; such lot shall have frontage on a public street and may consist of:
1. A single lot of record.
2. A portion of a lot of record.
3. A combination of complete lots of record, or complete lots of record and portions of lots of record.
4. A parcel of land described by metes and bounds; provided, that in case of division or combination there shall have been approval given to said division or combination by the planning commission under the conditions set forth in EPMC Title 16, Subdivisions.
“Lot area” means the computed area contained within the lot lines; said area to be exclusive of street or alley right-of-way.
“Lot, Corner.” See “Lot types.”
“Lot coverage” means that portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building. Exception: any building or portion of a building covered by a roof which qualifies as open space as defined herein, or as open covered area as defined herein, shall not be considered lot coverage. (See Figure 17-2.)
“Lot frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements, all sides of a lot adjacent to a street shall be considered frontage and yards in this title.
“Lot line” means any line bounding a lot as herein defined.
“Lot line, front” means a property line contiguous with the street line. For corner lots, the front lot line shall be the narrowest street frontage or as shown on the official plat of the property. (See Figure 17-3.)
“Lot line, rear” means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the “rear lot line” shall mean a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at a maximum distance from the front lot line. (See Figure 17-3.)
“Lot line, side” means a property line which is not a front or rear lot line. (See Figure 17-3.)
“Lot measurements” means:
1. “Depth” of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines to the rear. (See Figure 17-3.)
2. “Width” of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the outer radius of cul-de-sacs, where the 80 percent requirement shall not apply.
“Lot of record” means a lot shown as a part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey, or other appropriate document recorded in the office of the county recorder; except that no lot or parcel of land created without complying with the provisions of the land subdivision requirements of the state of Oregon and EPMC Title 16, Subdivisions, is entitled to the waiver of this section.
“Lot types” means:
1. “Corner lot” means either a lot or development site bounded entirely by streets or a lot which adjoins the point of intersection of two or more streets and in which the interior angle formed by the extensions of the street lines in the direction which they take at their intersections with lot lines other than street lines forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curb at that point shall be considered the direction of the street line. (See Figure 17-4.)
2. “Interior lot” means a lot or development site other than a corner lot with only one frontage of a street. (See Figure 17-5.)
3. “Through lot” means a lot or development site other than a corner lot with frontage on more than one street.
4. “Flag lot” means a lot or development site with the building site portion of the lot to the rear lot lines of adjacent lots and with a narrow portion of the lot used as access. (See Figure 17-4.)
5. “Key lot” means a lot the rear lot line of which abuts the side lot line of two or more adjoining lots. (See Figure 17-5.)
“Maintain” means to cause or allow to 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.
“Manufactured home” means a structure with a United States Department of Housing and Urban Development (HUD) label certifying the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 85401 et seq.), as amended on August 22, 1981, or as subsequently amended.
“Manufactured home subdivision” means a subdivision of lots for occupancy of manufactured homes in which the individual lot is owned by the owner of the manufactured home.
“Mid-rise apartment” means living units designed to a structure height of over two and one-half stories or 25 feet and less than four and one-half stories or 45 feet.
“Mobile home” means a mobile structure commonly designed to be attached to wheels and moved on public roads and containing one or more dwelling units or portions of dwelling units not regulated by or constructed under the International Building Code. Included are those structures commonly known as house trailers, trailer houses, camp trailers, motor homes and the like. Removing wheels or setting the structure on posts, pilings or foundations shall not remove it from the meaning or scope of this definition.
“Mobile home subdivision” means a subdivision of lots for occupancy of mobile homes in which the individual lot is owned by the owner of the mobile home.
“Motel” means a building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts and similar designations.
“Motor vehicles, trailer, or boat sales area” means a lot used for display, sale or rental of three or more new or used motor vehicles or trailers or boats, where no repair work is done except minor, incidental repairs of motor vehicles or trailers or boats to be displayed, sold or rented on the premises.
“Nonconforming building or structure” means a building or structure or portion thereof which was lawfully erected or altered and maintained on the effective date of the ordinance codified in this title, but which, because of the application of this title to it, no longer conforms to the regulations of the same zone in which it is located.
“Nonconforming lot” means a parcel of land which lawfully existed as a lot on the effective date of the ordinance codified in this title or which is legally created after the effective date of the ordinance codified in this title but which in either case does not conform to the lot area and lot dimension standards for the zone in which it is located.
“Nonconforming use” means a use of a building or land which lawfully existed on the effective date of the ordinance codified in this title and which is not a use permitted in the zone in which it is located.
“Open, covered area” means any area covered by only a roof structure attached to a residential building where more than 50 percent of the perimeter of such area is open from grade to the roof above.
“Open space” means:
1. That part of a lot or development site including courts or yards, which meet the following requirements:
a. Is open and unobstructed, from its lowest level to the sky, except as provided herein. (The ground area under roof overhang shall be considered “open space” if no projections intersect a vertical line drawn along the exterior wall from grade to the roof above); and
b. Is accessible to and usable by all persons occupying any dwelling unit on the lot or development site; and
c. Is not part of the roof of that portion of a building containing dwelling units; and
d. Is designed, landscaped or otherwise intended for common recreational use for all per-sons occupying the lot or development site; and
e. Is not designed or intended for use for parking motor vehicles, boats or trailers, except as provided herein.
2. “Open space” may include roofed areas; provided, that such open space meets the requirements as set forth in subsection 1 of this definition. Where required for a multiple-family use, such roofed open space may not exceed 25 percent of the required open space if the area of the roofed open space projected vertically to the sky intersects any usable building space, or portion thereof. All other roofed open space may not exceed 35 percent of the required open space.
3. For single-family residential or two-family residential uses, open space is not required. However, if roofed area meets the requirements for “open space,” as set forth in subsection 1 of this definition, it shall be deducted from lot coverage, except as may be limited in the various districts.
4. The roof of a garage attached to a multiple-family residential building, or a garage portion of a multiple-family residential building, may be considered as “open space” if such roof area meets the requirements as set forth in subsection 1 of this definition and:
a. Is directly accessible by a passage way or ramp with a grade of less than 10 percent from a yard, court or street; and
b. Has no dimension less than 25 feet; and
c. Has a vertical distance from grade no greater than 40 percent of the vertical distance from the top of the garage to the next floor below.
“Overlay district” means a portion of the city of Eagle Point within which certain uniform regulations and requirements or various combinations thereof apply in addition to district regulations and requirements under the provisions of this title.
“Owner” means the owner of record of real property as shown on the latest tax rolls or deed records of the county, or a person who is purchasing a parcel of property under written contract.
“Parking area, private” means privately or publicly owned land, building or structure, other than streets and alleys, on which parking spaces are defined, designated or otherwise identified for use by the tenants, employees, or owners of the property for which the parking area is required by this title and not open for use by the general public.
“Parking area, public” means privately or publicly owned land, building or structure, other than streets or alleys, on which parking spaces are defined, designated or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots for retail customers, patrons, clients and customers which may be required by this title.
“Parking space” means a permanently maintained space exclusive of maneuvering and access for one standard size automobile as indicated in the off-street parking sections of this title (Chapter 17.72 EPMC).
“Permittee” or “permit holder” means the person who is proposing a use or has been issued a permit or who is using the land pursuant to any permit required in this title.
“Permitted use” means a use indicated to be allowed subject to the conditions, requirements and regulations outlined in this title.
“Person” means a natural person, his heirs, executors, administrators, or assigns and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid, and any political subdivision, agency, board, special service district or bureau.
“Planned development” means a grouping of structures and uses on a parcel or parcels of land which provides designs of structures and land uses with increased amenities in a greater variety in their relationships than is otherwise permitted in the existing zones of this title.
“Planning commission” means the planning commission of the city of Eagle Point, Oregon.
“Poultry farm” means any premises used for the breeding, raising, or maintaining of poultry for sale of eggs or poultry.
“Private school” means a school not owned, operated or maintained by a public agency which teaches any grade, preschool, kindergarten through grade 12, for an attendance period equivalent to that required of children attending public school; a private college, private vocational school, private business school or extension thereof.
“Processing” means the crushing, washing, screening, weighing, sorting, stockpiling and blending of sands, gravels, metals, fabrics and other earth or natural materials.
“Professional office” means the place of business of a person engaged in a profession such as an accountant, architect, artist, attorney, designer, engineer, land surveyor, insurance agent, real estate broker, landscape architect, or practitioner of the human healing arts.
“Refuse” means any odorous and nonodorous material solid wastes including garbage, rubbish, ashes, blood, dead animals, abandoned automobiles, solid market wastes, street clearing and industrial wastes (including waste disposal in industrial salvage).
“Residential care facility” means a residence for five or fewer unrelated persons who are physically or mentally handicapped, aged or infirm, or a licensed adult foster home as defined by ORS 443.705(5) and 443.715; provided, that in either case there shall be no more than two staff persons also residing at the facility.
“Restaurant, cafe” means an establishment, including dinner houses, where food is prepared and served to the public for consumption within the building or premises or to take out to some other location.
“Restaurant, drive-in” means an establishment where food is prepared and served to the public in motor vehicles for consumption on the premises or to take out to some other location.
“Roadside stand” means a structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.
“Rooming house” means a residential building or portion thereof providing sleeping rooms where lodging for three or more persons is provided for compensation.
“School, primary, elementary, junior high or high” means an institution, public or parochial, offering instruction in the several branches of learning and study, in accordance with the rules and regulations of the State Department of Education.
“School, trade or commercial” means a building or use where instruction is given to pupils for a fee in money or otherwise, which fee is the principal reason for the existence of the school.
“Screening” means a fence, wall or landscaping obscuring the view of one structure or land use from another structure or land use.
“Service station” or “filling station” means a building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only. Also a place where batteries are serviced, and motor tune-ups, tire patching and repair service of a minor or emergency nature are performed. Car painting, body work, steam cleaning, tire recapping and mechanical car washing are not included in this use definition.
“Setback” means the minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure as defined herein.
“Sign” means any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited. Sign shall also mean an advertisement for a political candidate or ballot measure. This definition shall not include official notices issued by a court or public body or officer, or directional warning or information signs or structures required by or authorized by law or by federal, state, county or city authority.
Sign Area. In determining whether a sign is within the area limitations of this title, the area of the total exterior surface shall be measured and computed in square feet; provided, that where the sign has two or more faces, the area of the total exterior surface shall be measured and divided by the number of faces; and provided further, that if the interior angle between the planes of two faces exceeds 135 degrees, they shall be deemed a single face for the purposes hereof. Measurements shall be made at the extreme horizontal and vertical limits of a sign.
“Site plan” means a plan or drawing prepared to scale, showing accurately and with complete orientations and dimensioning, all of the buildings and uses proposed or existing for a parcel of land.
“Stable, private” means a building in which horses are kept for remuneration, hire or sale including saddle and riding clubs.
“Stand, mobile home” means that part of a mobile home space reserved for the placement of a mobile home.
“Story” means that portion of a building including between the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top most floor and the ceiling of the roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, at any point, such basement, cellar or unused underfloor space shall be considered as a story.
“Story, half” means any basement or cellar except as provided in this title, which has less than six feet of its height above grade. It shall also mean an area under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
“Stream alteration” means to cause a change in a stream or creek channel other than that which is natural to the characteristics of the water course.
“Stream diversion” means to physically alter the channel of a stream, irrigation ditch or creek for the purpose of impounding waters through the use of a diversion device, weir, dam or other like structure.
“Street” means a public thoroughfare or right-of-way dedicated, deeded, or condemned, and approved by the planning commission and accepted by the city council for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as included in this title. The word “street” shall include all arterial highways, freeways, traffic collector streets, avenues, ways, places, circles, loops, drives, lanes, roads and boulevards.
“Structural alteration” means any change in the supporting members of a building, such as a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.
“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 manner, which requires location on the ground or is attached to something having a location on the ground, regardless of whether it is wholly or partly above or below grade, excepting outdoor areas such as paved areas, driveways, patios or walks.
“Townhouse” means a single-family dwelling unit with no side yards between adjacent dwelling units.
“Trailer.” See “Mobile home.”
“Transitional use” means a more liberal use of land or building permitted on a lot in a district which is a less intense district or residential district which abuts a lot in a more intense district or commercial or industrial district.
“Travel trailer” or “recreational vehicle” means a portable structure, self-propelled or designed to be towed behind a motor vehicle, used for travel, recreation or vacation purposes.
“Travel trailer or recreational vehicle park” means a development designed primarily for transient use of travel trailers, pickup campers, tent trailers, recreational vehicles or self-propelled motorized vehicles and used for the purpose of supplying to the public a temporary location while traveling, recreating or vacationing.
“Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
“Vision clearance” means a triangular area located at a street or highway corner of a corner lot or an alley-street intersection of a lot. The triangular space being defined by a diagonal line across the corner, between the street or alley right-of-way lines, an equal and specified distance from the corner and containing no planting, wall, structures, or temporary or permanent obstruction from three and one-half feet in height above the curb level to 10 feet above the curb level. (See Figure 17-7.)
“Wrecking yard, building materials yard” means any premises used for the storage, dismantling, or sale of used motor vehicles, used trailers, used trucks, used machinery, building materials or parts thereof.
“Yard” means any open space other than a court on the same lot with a structure, unoccupied and unobstructed from a point 30 inches above grade upward, except as otherwise provided herein.
In any required yard through which automobile access is taken between a public or private parking area and a street, no fence, wall, hedge or other vegetation shall be permitted which materially impedes vision from a public sidewalk to automobiles backing from said parking area(s) across said public sidewalk. (See Figure 17-6.)
1. “Front yard” means an open space extending between lot lines which intersect a street line, the uniform depth of which is the minimum horizontal distance from the street line to the main building. On a corner lot, the front yard shall be the yard along the street bordering the lot for the shorter distance. (See Figure 17-6.)
2. “Rear yard” means an open space extending the full width of the lot or in the case of a corner lot to the street side yard, the uniform depth of which is the minimum horizontal distance from the rear lot line to the main building. (See Figure 17-6.)
3. “Side yard” means an open space extending from the front yard to the rear yard along the side of the main building; the uniform width of such yard being the minimum distance from the side lot line to the main building. (See Figure 17-6.)
4. “Street side yard” means a yard extending from the front yard to the rear lot line on the street side of a corner lot. (See Figure 17-6.)
“Zoning ordinance” means the zoning ordinance (this title) of the city of Eagle Point, Oregon.
Figure 17-1
Basements and Cellars
Example A: Cellar, when A is equal to or less than B
Example B: Basement, when A is greater than B
Figure 17-2
Lot Coverage
Figure 17-3
Lot Lines
Lot Measurements
Figure 17-4
Corner Lots and Flag Lots
Figure 17-5
Interior Lots and Key Lots
Figure 17-6
Yards
Figure 17-7
Vision Clearance
[Amended during 2013 codification; Ord. 2010-01 § 2 (Exh. D); Ord. 2009-01 § 2 (Exh. C); Ord. 9-101 § 3, 1991; Ord. 9-98 § 1 (Exh. 1), 1991; Ord. ZN/CH-86-7 § 1 (Exh. A), 1986; Ord. ZN/CH-86-1 § 6 (Exh. B), 1986; Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A § 5), 1981; Ord. 9-52 § 1 (Art. XIV), 1980].