Article 50.02


50.02.005    Definitions.

50.02.050    Repealed.

50.02.005 Definitions.Code Interpretations

For the purposes of this Code certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense includes the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The following terms shall mean:

100-Year Flood. See LOC 50.44.012, "Flood, Base."

AASHTO. American Association of State Highway and Transportation Officials.

Abut. Contiguous to; for example, two lots with a common property line. However, "abut" does not apply to buildings, uses, or properties separated by public right-of-way, rivers or canals.

Abutting parcels. Parcels of land that share a common boundary.

Access. The place, means or way by which pedestrians or vehicles have ingress to and/or egress from a lot or use. [But see Access definition for purposes of Access Development Standard, LOC 50.57.010.]

Accessory Building. Any detached building the use of which is subordinate and consistent with that of the main building and which is consistent with the buildings and uses allowed in the zone in which it is located.

Accessways. A strip of land intended for use by pedestrians and bicyclists that provides a direct route where the use of public roads would significantly add to the travel time and/or distance.

Adjacent. Touching; across a public right-of-way from; across an easement from; across a small stream or creek from.

Aerial. A privately owned and operated antenna for non commercial uses subject to height limitations as specified in LOC 50.22.015. For the purposes of this Code, "aerial" includes ham radio antennae and is not a "telecommunications facility."

Alley. Public right-of-way which provides a vehicular means of access to abutting property from other than a street.

Alter. To change or modify the construction or occupancy of a building or structure or use of land.

Applicant. The owner of land, a representative designated in writing by the owner, a contract purchaser, City representative or other person requesting some action under the terms of this Code.

Average Daily Traffic. The known average of the number of vehicles which pass a given point in a 24-hour period.

Average Daily Trip (ADT). The estimated or known trip average of the number of one-way trips generated by a particular use during a 24-hour period.

Backfill. The material placed in a trench over a sewer or water pipe, or other utility structure.

Balanced Cut and Fill. The placement of fill material that is balanced with removal of an equal amount of material, such as sand, gravel, soil, rock, and building materials.

Base Flood. See "Flood, Base" definition.

Base Height. The height allowed by the underlying zone district prior to the application of any height exceptions that may be authorized by the code.

Basement. Any area of a building having its floor subgrade (below ground level) on all sides.

Bay Window. A composite of two or more windows, or rounded windows, projecting (cantilevered) from the outer wall of a building and forming a recess within.

Bikeway. Any road, path, or way which is open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes.

Boat Dock. A structure built along the shore of a river, lake, canal or navigable stream for use by boats for moorage and loading and unloading passengers and materials.

Boat House. A roofed structure built along the shore of a river, lake, canal or stream for the purpose of storing a boat or other watercraft and accessories.

Buffer Area (Resource). An area adjacent to a designated RP District resource where development is limited in order to enhance resource functions and values by providing insulation from human disturbances and domestic animals.

Building. Any structure used or intended for supporting or sheltering any use or occupancy. If the building is located across separate parcels or lots and the portions of the building are separately owned, the "building" shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot.

Building Envelope. The area within the setback lines required by this Code for any lot.

Building - Main. A building within which the principal use of a lot is conducted.

Building Regulations. The specialty codes as adopted by LOC Chapter 45.

By-Pass. A drainage system to carry storm water runoff around or through a specific area.

Cabana. Waterfront single-family dwelling or cluster development over the water on pilings.

Canopy. A nonmovable roof-like structure attached to a building.

Carpool. A group of two or more commuters, including the driver, who share the ride to and from work or other designation on a regularly scheduled basis.

Carport. A permanent roofed structure, open on at least one side, designed to provide covered parking for one or more motor vehicles (see Garage).

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries.

Certified Arborist. An arborist who has passed the International Society of Arboriculture Certification Exam.

City. The City of Lake Oswego; its officers, employees and agents.

City Engineer. The person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer.

City Manager or Manager. The person holding the position of City Manager or any officer or employee of the City of Lake Oswego.

Cleanout. A vertical opening providing equipment access to the end of a sanitary sewer line for purposes of flushing or cleaning the line.

Closed-end street. A street that has only one connection to any other existing through street or planned through street. Cul-de-sacs and dead-end streets are examples of closed-end streets.

Commission. The City of Lake Oswego Development Review Commission or Planning Commission, depending on context.

Comprehensive Plan. Volume I of the Comprehensive Plan adopted by the City of Lake Oswego July, 1978 as it now exists or is hereafter amended.

Conflicting Uses. A conflicting use is one which, if allowed, could negatively impact a Statewide Planning Goal 5 resource site.

Congregate Housing. Multi-unit housing that:

(1)    Consists of self-contained apartments with cooking facilities; and

(2)    Complies with one of the following:

a.    At least 80% of the apartments are occupied by at least one person 55 years of age or older; or

b.    The housing supports independent lifestyles for those who have a disability as defined in the federal Americans with Disabilities Act, including any amendments thereto, and who do not require residential care or skilled nursing services; and

(3)    Provides varying levels of support services, such as meals, laundry, housekeeping, transportation, and social, recreation, cultural and education activities. The full range of services normally associated with a residential care facility, are not provided in association with congregate housing.

Continuing Care Retirement Community (CCRC). An age-restricted development that provides a continuum of accommodations and care, from independent living to convalescence care and long-term skilled nursing care, and enters into contracts to provide lifelong care. A CCRC typically includes a full range of living arrangements from independent living, congregate housing, residential care and skilled nursing and sometimes hospice care. CCRCs provide a range of ancillary facilities and services such as health care, meals with common dining facilities, physical therapy, education, recreation, and other social and cultural activities.

Convent. A local community or house of a religious order or congregation.

Cornice means the horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on the street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential uses on levels above.

Courtyard. An open space surrounded, or mostly surrounded, by walls or buildings. Commercial courtyards shall consist of some textured materials or pavers, and shall contain one or more of the following elements: landscaping, fountain, arbor, outdoor furniture.

Creek. A natural stream of water typically smaller than and often tributary to a stream or a river.

Crown Cover. The area directly beneath the crown and within the drip line of a tree or shrub. The crown consists of the above ground branches, stems, and leaves.

Deck. A non-enclosed platform (excluding above-grade entry walkways) constructed on or above the ground, used for several purposes, including leisure, social gatherings, etc.

Delineated Resource. An RP District stream corridor or wetland or an RC District tree grove delineated pursuant to LOC 50.16.035.

Delineation (Resource). An analysis of a resource by a qualified professional that determines its boundary to plus or minus 2 feet. A resource delineation includes a survey map of the resource prepared by a professional surveyor or engineer.

Density Transfer Acre/Acreage. Potentially hazardous or resource areas within which development may occur or from which density may be transferred to buildable portions of the site, only after it has been demonstrated by the applicant that development can occur in compliance with criteria established by this Code, including the Development Standards. Density Transfer Acre includes the following:

a.    Area within the floodway and the floodway fringe as shown on the FEMA flood maps,

b.    Area of over 25% slope,

c.    Area in known landslide areas or in areas shown to have potential for severe or moderate landslide hazard,

d.    Area in the RC or RP Districts pursuant to LOC 50.16.045, stream buffer areas of major stream corridors, wetlands and Distinctive Natural Areas, and

e.    Area in public open space and parks.

Detention. The act of detaining or storing storm water runoff for a short period of time during and after a storm.

Development. Any man-made change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees.

Development Permit. Written authorization for a development to proceed as described in an application, such authorization having been given in accordance with this Code.

Development Site. The total area of parcel(s) or lot(s) prior to a development action, such as a partition or subdivision, or other development activity.

Development Standards. LOC Articles 50.40 - 50.67, inclusive, of this Community Development Code.

Ditch. A manmade water conveyance channel. Channels that are manipulated streams are not considered ditches.

Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; commonly applied herein to surface water.

Drainage Pattern. The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the man-made element which includes culverts, ditches, channels, retention or detention facilities, and the storm sewer system.

Drainageway. An open linear depression, whether constructed or natural, which functions for the collection and drainage of surface water. It may be permanently or temporarily inundated.

Dripline. The outer limit of a tree’s branches, projected to the ground. The point where water dripping off the canopy will hit the ground.

Driveway. A vehicular accessway that has, as its primary purpose, the provision of a driveable connection between a structure or parking area on a lot and connecting to the shared access easement, access lane, private street, or public street system. "Driveway" may include parking pads, turnaround areas, and parking lot aisles.

Driveway approach. That portion of the driveway that is situated in the public right of way.

Driveway grade. The ratio of the change in elevation to the change in horizontal distance traveled, measured along the steepest 10 foot increment along the centerline of the traveled way. Grades are expressed in percent.

Duplex. A building on a lot designed to contain two dwelling units and used for residential purposes.

Dwelling, Multiple. A building on one or more lots designed to contain three or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate lots. Multiple dwelling includes structures commonly called garden apartments, apartments and condominiums.

Dwelling, Single-Family. A detached dwelling unit designed and used for that purpose or an attached dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units. The common or abutting wall shall consist of a structural wall which shared for at least 25 percent of the length of the side of the dwelling. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also called a rowhouse, townhouse, or a common-wall house.

Dwelling Unit. 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, sanitary facilities, cooking and eating.

Dwelling, Zero Lot Line. A building providing two dwelling units on two separate lots, sharing a common wall, and used for residential purposes.

Easement. A grant of the right to use designated land for specific purposes.

Emergency. Any event or circumstance causing or threatening life, injury to persons or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

ESEE Process Analysis. The Economic, Social, Environmental, and Energy Analysis required under Statewide Land Use Planning Goal 5. The purpose of the ESEE analysis is to balance the relative value of an inventoried natural resource against conflicting uses and thereby determine an appropriate level of protection through land use regulations. The ESEE Analysis that formed the factual basis for the Sensitive Lands Program (LOC Article 50.16) and was used initially to designate properties for protection under the program is the Lake Oswego Resource Areas Report and ESEE Analysis, dated April 1, 1997, as revised on July 15, 1997.

Exchange Carrier. A provider of telecommunications services.

Facade. All the wall planes of a structure as seen from the one side or view. For example, the front facade of a building would include all of the wall area that would be shown on the front elevation of the building plans.

Family. An individual or two or more persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship or a foster care relationship, or a group of not more than five persons not so related or associated living together in a dwelling unit as a single housekeeping unit.

Family Day Care Facility. A day care facility which regularly accommodates 12 or fewer children regardless of full-time or part-time status, in the day care provider’s home, including the children of the day care provider.

Farming. To cultivate or produce a crop on.

Fenestration. Doors and/or windows.

Fire Code. The Oregon Fire Code as adopted or amended by LOC Chapter 15, and any other applicable provisions of LOC Chapter 15.

Fire Department/delivery vehicle turnaround. An area providing space for the maneuvering of fire fighting vehicle or other vehicles (in the case of a delivery or loading area) consistent with LOC Chapter 15 (Fire Code).

Fish and Wildlife Habitat. Lands that contain significant food, water, or cover for native terrestrial and/or aquatic species of animals. Examples include forests, fields, riparian areas, wetlands, and water bodies.

Flag Lot. A lot that:

1.    Has the actual building site located behind another lot; and

2.    Takes access from the street via:

a.    A driveway or access lane that is part of the lot and the width narrows to less than the minimum lot width for the zone; or

b.    An access easement.

Flood Management Area. See LOC 50.44.012.

Floodplain (or flood plain). The area bordering a watercourse encompassing both the floodway fringe and the floodway inundated during the base flood. In addition to the above definition, for purposes of LOC Article 50.41 (Drainage Standard for Major Development), floodplain shall include the land areas adjoining all streams, lakes, ponds, or wetlands that are subject to inundation by the base flood.

Floor Area. The gross building floor area excluding:

•    vent shafts,

•    court yards,

•    garages, except as modified in:

•    the R-5 zone (LOC 50.06.035(1)(b)(i), for residential development);

•    the R-6 zone (LOC 50.07.037(1), for outright permitted residential development);

•    the R-7.5, R-10, and R-15 zones (LOC 50.08.042(1), for single family dwellings);

•    allowable projections,

•    decks,

•    patios,

•    uncovered exit stairs, and

•    uncovered, above-grade driveways.

Floor Area Ratio (FAR). The ratio of the floor area to the net buildable acre. The greater the ratio, the greater the floor area relative to the size of the lot. For example, a building occupying one-fourth of the net site areas has a FAR of 0.25:1, or 0.25; adding a second floor to the same building increases the FAR to 0.50:1, or 0.5.

Foot-candle (fc). The density of luminous flux (lumens) incident at a point on a surface having an area of one square foot.

Footprint. The polygon formed by (1) the surrounding exterior walls of a building or portion thereof, and (2) any structure which is over 30 inches in height with or without exterior walls, but exclusive of vent shafts and courtyards. The footprint does not include the ground area under the eaves of the building or structure.

Footprint, Flat. A footprint that is not a sloped footprint.

Footprint, Sloped. A footprint where the highest ground surface at the exterior wall of a building or proposed building or below any projecting deck is more than 10 feet above the lowest ground surface at the time of building permit application. For the purposes of determining building height, ground surface shall mean: The elevation of the existing ground surface at the time of building permit application.

Foundation Soil, Potential Weak. A generalized map of locations of potential weak foundation soils is maintained at the Public Works Department, City Hall. However, the actual condition of the site will determine whether such soils exist.

Foundation Soils, Weak. Those which may cause overall settlement or differential settlement resulting in damage to structures not designed to accommodate movements. Weak Foundation Soils have one or more of the following characteristics: low strength, compressibility, high organic material content, high shrink-swell ratio or elasticity, or slow percolation and wetness.

Functions and Values (Resource). Functions and values are the benefits provided by resources. The benefits may be physical, environmental aesthetic, scenic, educational, or some other nonphysical function, or a combination of these. For example, the functions and values of a wetland can include its ability to provide storm water detention for "x" units of water draining "y" acres, and its ability to provide food and shelter for "z" varieties of migrating waterfowl. In addition, an unusual native species of plant in a natural resource area could be of educational, heritage, and scientific value. Most natural resources have multiple functions and values.

Garage Opening. The garage door or, in the case of a carport, the opening from which cars enter or exit the carport.

Garage, Private. A structure having one or more stories, used for the parking of motor vehicles belonging to tenants, employees or owners of the property for which the parking spaces contained in or on said garage are required by Chapter 50 and are not open for use by the general public. A carport is a garage.

Garage, Public. A publicly or privately owned structure having one or more stories, used for the parking of motor vehicles, 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 which are required by this Code, provided said parking spaces are clearly identified as parking space(s) for the building or use.

Garage, Repair. A building used for the care and repair of motor vehicles, including major and minor work such as body and fender work or engine and transmission overhaul, and incidental parking of vehicles.

Garage, Side-loading. A garage that meets the definition of a "private garage" but is located such that the garage doors or, in the case of carports, the vehicle access openings face a minimum of 80 degrees away from the street (see LOC Appendix 50.06.065-A).

Garage Wall Area. The garage wall area includes the entire area on the specified side of a structure between the ceiling, floor, and walls of the garage, including the garage door.

Glare. Light that causes visual discomfort or disability, and the wattage and/or light distribution that is excessive for the purposes for which the illumination is necessary.

Grade. The ground surface next to a structure that is constructed to the earth (example: building with foundation) or next to a tree when the height of the tree is at issue, or under a structure that is not constructed to the earth (example: decking).

Grade, Utility or Street. The slope, measured in percent, of a street, pipe, or conduit as part of a utility system.

Gross Building Floor Area. The combined square footage area (measured from the exterior of the surrounding exterior wall framing) of a building or portions thereof of all stories of a building.

Group Care Home. Any dwelling, licensed under authority of ORS 443.400, which provides residential care and training to five or fewer adults who are mentally or emotionally disturbed, developmentally disabled, alcohol or drug dependent persons, elderly or physically disabled. "Residential care" means as defined in ORS 443.400. Also known as "residential treatment home" and "residential training home" under ORS 442.400. Additional "family" members related to the five or fewer adults may reside in the dwelling, as a part of a single housekeeping unit, e.g., persons related by blood, marriage, legal adoption, or associated by guardianship, conservatorship or a foster care relationship.

Guest House. An accessory structure of less than 400 square feet with no cooking or kitchen facilities.

Gully. A long, narrow channel worn by the action of water, particularly on a hillside. It is much smaller than a ravine. Several gullies often lead to a ravine.

Habitable. Habitable means the portion of any building or structure used, or intended for use on a day-to-day basis, by people for residential purposes, or for purposes of conducting a commercial or industrial business, public use, or institutional use, or for purposes of a similar nature.

HAS (Habitat Assessment Score). The numerical ranking applied in an ESEE Inventory which represents the relative wildlife habitat values of a given natural resource site in comparison with other sites in the City. Six features are evaluated to determine the total Wildlife Habitat Assessment Score:

1.    Water

2.    Food

3.    Cover

4.    Disturbance

5.    Linkage

6.    Unique Features

Each feature receives a "High, Medium, or Low" description and a numeric ranking as shown in the HAS rankings sheet in the Appendix 50.16-A to the SL District. The maximum possible score is 124. A minimum score of 35 is necessary for a site to be considered significant for wildlife values. See the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE Analysis (on file in the Planning Department) for a detailed explanation of the methodology used in applying the HAS rankings.

Hazardous Substances. Any substance listed or described as hazardous in ORS Chapter 453 (Hazardous Substances). Hazardous substances are toxic, corrosive, irritants, strong sensitizers, flammable, combustible, or generate pressure through decomposition, heat or other means. Hazardous substances or mixture of substances may cause substantial personal injury or illness during, or as a proximate result of any customary or reasonably foreseeable handling or use.

Hearing Body. The Lake Oswego Development Review Commission, Planning Commission or City Council.

Height of Building. The vertical distance above a reference point measured to the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the gable of a pitched or hipped roof.

The reference points are determined as follows:

a.    If, for purposes of construction of a structure, an artificial elevation of the ground surface results: the elevation of any ground surface prior to construction at or within the exterior wall of the building.

b.    If, for purposes of construction of structure, there is an alteration or artificial lowering of the ground surface: the elevation of any ground surface after construction at or within the exterior wall of the building. See Appendix 50.02-A.

Appendix 50.02-A

Measurement of Building Height – Reference Point

c.    On Lots within the Flood Management Area: The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface, except that if the structure elevates the ground surface for the purpose of raising the floor level above the base flood elevation consistent with LOC Article 50.44, then the reference point shall be the elevated ground surface.

Home Occupation. A lawful use conducted in a residential zone in or on the premises of a dwelling unit, said use being secondary to the use of the dwelling for dwelling purposes.

Horticulture. The science or art of cultivating fruits, vegetables, flowers and plants.

House Side Shield. For fully shielded luminaires only, an internal shield designed and installed by the luminaire manufacturer that significantly attenuates the unit of illumination in the back photometric hemisphere at all angles greater than 30 degrees relative to nadir.

Hotel, Motel. A building or group of buildings used for transient residential purposes containing rental units which are designed to be used, or which are used, rented or hired out for sleeping purposes.

Hydraulic Characteristics. The features of a watercourse which-determine its water conveyance capacity. They include the watercourse cross-section, alignment, width from bank to bank, profile, and the location and types of vegetation within the watercourse.

Hydrophytic Vegetation. Plant life growing in water or in soil that is at least periodically deficient in oxygen as a result of excessive water content.

Illumination, Uniformity of. The ratio of average illumination level on the roadway to the minimum illumination at any point on the roadway.

Impermeable Surface. Any surface which prevents absorption of water into the ground.

Incidental Retail Uses. Retail uses within an Industrial Park (IP) zone that are outright permitted retail uses in the Neighborhood Commercial (NC) zone, when such uses are directly related to the sales of products manufactured, processed, or assembled on the IP zoned site.

In-kind Vegetation. Vegetation similar to vegetation found in the impacted resource or resource buffer in type and size.

Institutional Use. Private educational, cultural, religious or social welfare facilities.

Invasive Plants. Vegetation that displaces or dominates natural plant communities, such as Himalayan blackberry, English ivy, reed canary grass, scotch broom, etc. A list of such plants can be found in the Lake Oswego Master Plant List. See Appendix 50.02.005-[Master Plant List].

Irregular Lot. A lot in which the front and rear lot lines are not parallel.

Lake Oswego Master Plant List. See LOC Appendix 50.02.005-[Master Plant List] for a listing of Native plants, Invasive plants, Street trees – Prohibited, Street trees – Approved [Applicable to LOC Article 50.66, Old Town Design Standards only], and Solar friendly plants.

Lake Oswego Style means a building design that borrows from the City’s historic architectural traditions including the Arts and Crafts, English Tudor and the Oregon Rustic Styles. Buildings which use complex massing, asymmetrical composition and natural materials exemplify this style (See photos and descriptions in Appendix 50.65-A). Adherence to the "Lake Oswego Style" is not intended to require historical replication. Modern designs interpreting, quoting or utilizing the above noted stylistic forms are also encompassed within the definition.

Lake-Related Infrastructure. Lake-related infrastructure means the structures, facilities, and equipment necessary to maintain Oswego Lake. Lake-related infrastructure includes, but is not limited to dams, dikes, levees, headgates, fish screens, culverts, water storage and water diversion facilities, flood control structures, structures to shelter and maintain boats or other equipment for lake maintenance or policing, and structures used in connection with hydroelectric power generation. Lake-related infrastructure does not include office buildings.

Land. Includes water surface and the land under water.

Large Animal. Horses, cattle, sheep, goats, swine or any other animal which customarily weighs more than 45 pounds at maturity, excluding dogs.

LED. Light Emitting Diode.

Levee. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from flooding.

Light Fixture. See Luminaire.

Lighting System. One or more luminares, together with associated wires, conduits, poles, etc., that constitutes the illumination system on the site.

Live/Work Building. A building that contains one or more commercial or office spaces on the first floor connected to residential units above or behind the commercial or office space, and the ownership of the building is not divided between the residential and commercial portions of the building.

LORA. The Lake Oswego Redevelopment Agency, an urban renewal agency created by the City pursuant to ORS Chapter 457.

Lot. A unit of land created in compliance with all legal requirements in effect and applicable at the time of creation.

Lot Area or Lot Size.

1.    Non-Flag Lots: The gross acreage of the lot within the lot lines.

2.    Flag Lots: The area of a lot, defined by the lot lines, less the area of access easements and access lanes.

Lot, Corner. A lot abutting two intersecting streets, provided that the streets do not intersect on an angle greater than 135 degrees.

Lot Coverage. The ratio of A to B where A is the area of the polygon formed by the surrounding exterior walls of all structures or portions thereof over 30 inch in height with or without exterior walls, but exclusive of vent shafts and courtyards; and B is the gross acreage of the site excluding area in street right-of-way, private streets and access easements (calculated in the same manner as provided in "Net Buildable Acre"). Boat houses shall not be included in lot coverage calculations.

Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, except for a flag lot, which shall be measured from the mid-point at the front lot line of the flag area. In the case of a triangular lot, the lot depth is the horizontal distance from the midpoint of the front lot line to the furthest most intersection of the side lot lines. In the case of a through lot, the lot depth is the horizontal distance from the midpoint of one front lot line to the other front lot line.

Lot Frontage. That portion of a lot nearest a street. For the purpose of determining yard requirements, all sides of a lot abutting a street shall be considered frontage.

Lot Illegal. A unit of land created in violation of one or more legal requirements in effect and applicable at the time of creation.

Lot, Interior. A lot other than a corner lot, with frontage on only one street.

Lot Line. Boundary lines of a lot.

Lot Line, Front. In the case of an interior lot, the lot line separating the lot from the street. In the case of a corner lot, the lot line designated pursuant to LOC 50.06.050 (7), 50.08.030 (4), 50.09.025 (6) or 50.13.035 (4).

Lot Line, Rear. A lot line which is opposite the front lot line. A triangular lot and a through lot have no rear lot line: the frontage on each street of a through lot is a front lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. (See Appendix 50.02-B).

Appendix 50.02-B

Lot Line, Side. Any lot line not a front or rear lot line.

Lot Line, Side Street. On a corner lot, the lot line(s) abutting a street that is not the front lot line.

Lot of Record. A lot shown as part of a recorded subdivision, partition, or any lot described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded with the county; except that no lot or parcel of land created without compliance with the subdivision or partition requirements in effect and applicable at the time of the lot creation shall be considered a lot of record.

Lot, Platted. A lot described and identified within a recorded subdivision or partition and remaining the same in size and shape as it was when the subdivision or partition was recorded.

Lot, Steeply Sloped. A steeply sloped lot is a lot with a slope of 20% or more, when measured from the front line to the most distant point of the primary building.

Lot, Through; Double Frontage Lot. A lot other than a corner lot with frontage on more than one street.

Lot Width. The width of the lot as measured at the front setback line.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, watercraft, building access or storage, in an area other than a basement, is not considered a building’s lowest floor.

Lumen. A unit of measurement of the amount of light emitted by a lamp.

Luminaire (or "Light Fixture"). A complete lighting device consisting of a light source together with its direct appurtenances, such as globe, reflector, refractor, housing and such support as is integral with the housing. The pole, post or bracket is not considered a part of the luminaire.

Luminance. The amount of light emitted in a given direction from a surface by the light source or by reflection from a surface. The unit is candela per square meter.

Luminous Flux. A measure of the total light output from a source, the unit being the lumen.

Manhole. A vertical opening providing human access to a sanitary sewer or storm drain line, provided with a heavy cover at the ground or street surface.

Manufactured Homes. A multi-sectional dwelling unit with a Department of Housing and Urban Development (HUD) label, of not less than 1,000 square feet constructed in an off-site manufacturing facility on or after June 15, 1976, to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, and designed to be used with a foundation as a dwelling unit on a year-round basis with approved connections to water, sewer and electric utility systems.

Notwithstanding the above, for the purpose of LOC Article 50.44, a manufactured home is a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

Marina. A facility providing moorage for boats and marine related services.

Masonry. A concrete block, stone, or brick wall. Masonry includes a veneer, i.e., overlay of a layer of fine or decorative material that has an average range of depth of 1.75 inches or greater, based upon the manufacturer’s specification.

Mean Sea Level. Mean sea level and other references to elevations are based on the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

Mechanical Equipment. Heating, ventilating and air conditioning systems, transformers, generators, utility meters, connection boxes, satellite dishes, antennas, tanks and other similar features.

Mitigation. To rectify, repair or compensate for adverse impacts to a resource or resource functions and values caused by development.

Mitigation Methods (for Wetlands).

a.    Wetland Creation. The conversion of a non-wetland area into a wetland.

b.    Wetland Enhancement. Alteration of an existing wetland to develop new functions or to improve existing conditions

c.    Wetland Restoration. Re-establishment of lost or impaired functions in a degraded wetland or in a former wetland that no longer functions as a wetland.

Mitigation Ratio (for Wetlands). The ratio of the amount of wetland to be created, restored or enhanced compared to the amount of wetland lost due to development.

Mixed Use. A development consisting of more than one broad category of use (e.g. commercial, industrial, residential, public use, or institutional).

Mobile Home. A unit or units built between January, 1969 and June 15, 1976 in conformance with the American National Standards Institute requirements adopted by the State of Oregon in 1969 and having an Oregon insignia of compliance issued by the Oregon Department of Commerce, Building Codes Division, or a unit built after June, 1976 in conformance with the 1976 HUD requirements. All units shall have a minimum of 900 square feet of living area.

The following definitions apply only to mobile homes:

a.    Accessory structure. An attached or unattached structural addition to a mobile home or mobile home space including, but not limited to: cabanas, awnings, carports, garages, covered porches, storage structures and covered patios.

b.    Accessway. An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a mobile home park and connects to a public street.

c.    Awning. A stationary structure used in conjunction with a mobile home, other than a window awning or ramada for the purpose of providing shelter from the sun and rain for patios, porches or yard areas, and having a roof with supports and not more than one wall.

d.    Cabana. A stationary structure which may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with a mobile home, to provide additional living space designed to be moved with the mobile home.

e.    Carport. A stationary structure consisting of a roof with its supports which is entirely open on two or more sides and is used for sheltering a motor vehicle.

f.    Mobile Home Park. A parcel of land under common ownership on which two or more mobile homes are occupied as residences and which conforms to the regulations of this Article.

g.    Mobile Home Subdivision. A subdivision designed for sale of lots for residential occupancy by mobile homes.

h.    Mobile Home Space or Lot. A plot of ground within a mobile home park or subdivision designed for the accommodation of one mobile home, its accessory structures, parking spaces and required yard areas.

i.    Stand. A hard surfaced area within a mobile home space or lot designed for placement of a mobile home.

Motor Vehicle and Recreational Vehicle Sales Area. A lot used for display, sale or rental of new or used motor vehicles, recreational vehicles or trailers where no repair work is done except minor, incidental repairs or cleaning of motor vehicles, recreational vehicles or trailers to be displayed, sold or rented for use off the premises.

Mounting Height. The vertical distance between the lowest optical component of the luminaire and the ground surface directly below the luminaire.

Nadir. The downward direction; exactly vertical, directly below a luminaire.

Natural Area. An area of land and/or water that has a predominantly undeveloped character. Natural areas may be pristine, or may have been affected by human activity such as vegetation removal, agriculture, grading or drainage if such areas retain significant natural characteristics, or have recovered to the extent that they contribute to the City’s natural systems including hydrology, vegetation, or wildlife habitat. The purpose of natural areas is to provide a scenic, aesthetic appearance and/or protecting natural processes, providing passive recreational uses, and/or maintaining natural vegetation. Natural areas shall be either dedicated to the public or by other means committed to use for the general public, or may also be permanently reserved by common ownership among the owners of a development. Except as otherwise set out in LOC 50.46.020, Standards for Maintenance, natural areas shall remain in natural conditions existing at the time of their designation. (Area designated as "open space" prior to December 1, 2011, is a "natural area" under this definition.)

Natural Resource Areas, Non-designated. "Natural areas" that have not been included in an RP or RC District pursuant to LOC Article 50.16.

Net Buildable Acre. The residentially designated land remaining in a gross acre of 43,560 square feet after the following areas have been deducted:

a.    Area in street right-of-way, private street, or access easements. For public street, use the actual acreage if known or 20% of the gross site area. For private street use actual acreage if known or 40 feet right-of-way. For access easement use actual acreage of easement.

b.    Acreage in 100-year floodplain as shown on U.S. Army Corp of Engineers flood maps.

c.    Acreage of over 25% slope.

d.    Acreage in known landslide areas.

e.    Acreage in stream buffer area of major stream corridors including wetlands located therein.

f.    Acreage in public open space and parks.

Net Developable Acre. Gross acreage (at 43,560 square feet per acre) of residentially designated land, including Density Transfer Acreage, less the area in street right-of-way or access easements. For public streets, use the actual acreage if known or 20% of the gross acreage. For private streets use actual acreage if known or 40 foot right-of-way. For access easements use actual acreage of easement.

Net Loss (Wetland). A permanent loss of wetland area, functions, or values resulting from a development action after accounting for mitigation measures.

Non-Profit Use. A use operated by an organization, corporation or association that distributes no part of its income to its members, directors or officers.

Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile abutment, excavation, bridge, conduit, pole, culvert, building, wire, fence, fill, or projection into a floodplain, watercourse, or drainage system

Occupancy Classification. As defined in Section 501 of the Uniform Building Code, adopted pursuant to LOC Chapter 45.

Open Space. Open space means parks and natural areas.

Oswego Lake. For purposes of LOC Article 50.44, Oswego Lake includes the main lake and all embayments and canals that have the same elevation as the main lake.

Oswego Lake Surface Elevation. The elevation of the surface of Oswego Lake is established and may be referenced as either 98.6 feet (NGVD 29) or 102.1 feet (NAVD 88).

Outdoor lighting. Any hard wired, low-voltage or solar powered lighting system that is used in an exterior space.

Owner. Where used in relationship to real property, "owner" means the legal owner of record or, where there is a recorded land sales contract in effect, the purchaser there under.

Park Improvements, Major.

1.    Athletic field for organized sport games.

2.    Lighting for outdoor recreational facilities and activities.

3.    Facilities that require a building permit, occupying more than 3,500 square feet of site area. (A play area for non-organized sport games is not subject to this subsection even if more than 3,500 square feet.)

4.    On-site parking for more than eight vehicles.

5.    Facilities for motorized boats.

Park Improvements, Minor. Park improvements with limited off-site impacts. Minor park improvements include:

1.    One play area that is not intended for organized sport games (regardless of size), without lighting.

2.    Facilities that require a building permit, that may include park buildings, picnic shelters, restrooms, athletic courts, nonmotorized boating facilities, and playground structures provided the uses do not occupy more than 3,500 square feet of site area (individually or cumulatively, excluding facilities authorized by a master plan).

3.    On-site parking for eight or less vehicles.

4.    Trails.

Parking Area, Private. Property, other than streets and alleys, unless subject to such parking use by grant of a revocable permit by the City, on which parking spaces are defined, designated or otherwise identified for use by the tenants, employees, patrons or owners of the property for which the parking area is required or allowed by Chapter 50 and not open for use by the general public.

Parking Area, Public. Property 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 which may be required for retail customers, patrons and clients.

Parking District. A district established for the purpose of planning and development of shared parking facilities which serve the whole district.

Parking, Tandem. The parking of a vehicle in front of or behind another vehicle which requires one of the vehicles to be moved in order for the other vehicle to enter or exit. Also called stacked parking.

Parks. Public or private land providing for one or more of the following:

a.    The active recreational needs of the community;

b.    The passive recreational needs of the community; or

c.    Scenic and aesthetic appearance and/or protection of natural processes on land that is to remain in natural or landscaped condition;

and either dedicated to the public or by other means committed to use for the general public, or permanently reserved by common ownership among the owners of a development.

Partition. To divide an area or tract of land into two or three lots within a calendar year when such land exists as a unit or contiguous units of land under common ownership at the beginning of such year. "Partition" does not include adjustments of lot lines by relocation of a common boundary where no additional lots are created, and the resulting lots satisfy the minimum lot size allowed by this Code, nor foreclosure proceedings or sales exempted by the definition of "partition" in ORS Chapter 92.

a.    Major Partition. A partition which includes the creation of a street.

b.    Minor Partition. A partition that does not include the creation of a street.

Pathway. A public or private right-of-way for pedestrian or non-motorized traffic.

Patio. An impervious surface on the ground, excluding parking areas and pathways of 5 feet or less in width, used for several purposes, including leisure, social gatherings, etc.

Pavement, paving. As used in this standard, "Pavement" means Portland cement concrete, asphaltic concrete and modular masonry pavement systems. "Pavement" also includes pervious pavement systems such as those known by the proprietary names of Grasscrete or Geoweb, provided that the cells are filled with an aggregate material or vegetation.

Pedestrian/Bicycle Access, Convenient. Hard surfaced pedestrian/bicycle path.

Pedestrian Density. The ratio of pedestrians to sidewalk area is intended to encourage increased pedestrian density in order to promote retail use and provide community interaction.

Person. A natural person, his heirs, executors, administrators, or assigns; a firm, partnership, or corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative of any of the above mentioned.

Pet Care, Daily. Business primarily engaged in providing pet care services (except veterinary), such as boarding, grooming (including pet clipping and pedicure services), pet day care services and training pets, and incidental retail sales of pet care products. Overnight boarding shall not exceed 25% of animals provided daily pet care on-site; overnight boarding shall occur in a fully enclosed structure.)

Photometric Analysis Report. A report by a laboratory certified by the National Institute of Standards and Technology (NIST), describing the candela distribution, shielding type, luminance, and other characteristics of a specific luminaire.

Plat. A map, containing all the descriptions, locations, specifications, dedications, provisions or other information concerning a subdivision.

Practicable. Capable of being done after considering and balancing cost, existing technology, and logistics in light of overall project purposes.


a.    Utility. A "side view" of a proposed utility pipe or street showing grade, changes in grade, depth of pipe and vertical curves of streets.

b.    Structure. A "side view" of a proposed structure showing the front building wall and roof line, from the front yard setback, to the highest point of the roof.

Protected Riparian Area. The area adjacent to a water resource described in LOC 50.16.070 (2). The Protected Riparian Area may provide resource functions and values and/or protect the functions and values of the adjacent stream or wetland.

Public Building. Any building owned or used by a public governmental entity for the purpose of carrying out a public service, other than a public facility, but including public schools.

Public Facilities. Any and all on-site and off-site improvements to be accepted for ownership, maintenance and operation by the City, including but not limited to sanitary sewers, pump stations, water lines and hydrants, storm drain systems, streets, alleys, street lights, street name signs and traffic control signs and devices.

Public Facility, Major. Any public service improvement or structure developed by or for a public agency that is not defined as a minor public facility.

Public Facility, Minor. The following public service improvements or structures developed by or for a public agency:

a.    Minor utility structures, except substations, but including poles, lines, pipes, telecommunications facilities or other such facilities.

b.    Sewer, storm drainage, or water system structures including reconstruction of existing facilities, pump stations, manholes, valves, hydrants or other portions of the collection, treatment and distribution systems, except treatment plants, reservoirs, or above-ground trunk lines.

c.    Street improvements within existing development including sidewalks, curbs, gutters, catch basins, paving, signs and traffic control devices and street lights.

d.    Transit improvements, such as shelters or pedestrian and bicycle safety improvements, located within public right-of-way or on public property.

e.    School improvements which will not increase the capacity of the school nor create additional traffic or other impact on the surrounding neighborhood.

f.    Park improvements which will not create additional motor or foot traffic impact on the surrounding neighborhood.

Public Service. Any service provided by a public agency including but not limited to power, water, streets, sewers, parks, recreation facilities, schools, community centers, libraries, police and fire protection. This term includes utilities provided by regulated utility companies such as telephone, gas and electric power.

Public Transportation Facilities. Those facilities that are associated with a transportation system, such as bus stops, transit centers, light rail, and similar facilities, but excluding public or private streets.

Qualified Professional. An individual who has proven expertise and vocational experience in a given natural resource field, as determined by the City Manager. A qualified professional may either be a consultant or a member of the City staff. The following types of expertise are applicable:

a.    Streams. An individual such as a hydrologist or an engineer who has expertise in analyzing water quality and/or delineating stream corridor boundaries.

b.    Tree Grove. An individual who has expertise in delineating or surveying tree grove drip lines such as a Certified Arborist, professional forester, engineer, architect, landscape architect, surveyor, or similarly qualified person.

c.    Wetlands. An individual such as a wetland biologist or ecologist who has expertise in applying Federal and/or State-approved methods for wetland delineations and value assessments.

Ravine. A small, narrow valley with steep sides that is usually worn by running water. A ravine is larger than a gully.

Recreational Facilities.

1.    Active Use Recreational Facilities. Facilities for recreational uses that tend to be more organized and/or that require a greater degree of site development and conversion of natural area, including sports fields, playground equipment, group picnic shelters, hard surfaced pathways, permanent restrooms, accessory parking lots and similar facilities.

2.    Passive Use Recreational Facilities. Facilities for recreational uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft-surface trails, signs, pedestrian bridges, seating, viewing blinds, observation decks, handicapped facilities, drinking fountains, picnic tables, interpretive facilities, and similar facilities.

Recreational Vehicles. Towed or self-propelled vehicles such as motor homes, pickup campers and tent trailer campers, travel trailers, designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Reserved Area. Land to be kept free of buildings or other structures as a condition of development approval.

Residential Accessway. A strip of land intended for use by pedestrians and bicyclists that provides a direct route through single family residential development where the use of public roads would significantly add to the travel time and/or distance.

Residential Care Housing. A residential care housing facility houses and provides services for six or more persons who may have a range of physical and mental health problems, including chronic and debilitating conditions requiring assistance with daily activities. This term is synonymous with other terms such as "assisted living facilities," "group care facilities," and "adult care housing" used to describe housing which provides the range of services described below.

Living units within residential care housing do not have cooking facilities. A range of services is provided including staff supervised meals, house keeping and personal care, medication supervision, recreation, cultural, social activities and transportation.

Residential care housing facilities may include housing for persons needing intermediate care. These are persons who do not require around-the-clock nursing, but who do need preventative care, therapies at levels less than continuous licensed nursing care or observation. Intermediate care emphasizes personal, social and emotional/mental health care, but involves the availability of 24-hour service with physicians and nurses in supervisory roles.

Skilled nursing services, including convalescent care, may be provided as an accessory and subordinate use in conjunction with residential care facilities.

The total allowed number of persons requiring skilled nursing care may be up to 25% of a residential care facility’s total occupant capacity.

Residential Turnaround. An area providing space for the maneuvering of a passenger vehicle in which the vehicle can make a 180 degree change in direction with a continuous forward movement, or no more than one backing movement.

Resource Conservation (RC) District Resource. A tree grove protected by an RC District Overlay Zone pursuant to LOC Article 50.16.

Resource Conservation Protection Area. The portion of an RC District resource identified pursuant to LOC 50.16.055.

Resource Enhancement. The modification of a resource or its functions and values to improve the quality or quantity of the resource. It can include actions that result in increased animal and plant species, increased numbers of types of natural habitat, and/or increased amount of area devoted to natural habitat. It may also include improvements in scenic views and sites, increased capacity for storm water detention and surface water management, changes in water quantity or quality, or similar improvements. A resource enhancement project must result in no loss of any resource functions or values, and the gain of at least one.

Resource Protection (RP) District Resource. A wetland or stream corridor protected by a RP District overlay zone pursuant to LOC Article 50.16.

Retention. The act of retaining or storing storm water, runoff permanently or for a considerable length of time for some use, or until it percolates into the ground or evaporates.

Reversed Frontage Lot. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.

Riparian Areas. Lands adjacent to rivers, streams, lakes, ponds, and other water bodies that are transitional between aquatic and upland zones and contain elements of both aquatic and terrestrial ecosystems. Such lands are characterized by high water tables, soils made up largely of water-carried sediments, and vegetation that requires free (unbound) water or conditions that are more moist than normal.

Road. See "Street".

Sanitary Sewer System. A system consisting of pipes, house service lines, manholes, cleanouts and other appurtenant structures provided for the conveyance of sewage to a place of treatment.

Secondary Dwelling Unit. A second dwelling unit, either attached or separate, located on a lot already containing a dwelling unit, which complies with LOC 50.30.010.

Security. A means of guaranteeing the performance of terms and conditions of a development permit.

Sedimentation. Deposition of boils, debris, or other materials suspended and transported by storm water runoff.

Sensitive Lands. Lands containing natural resources that have environmental significance within the Lake Oswego planning area (Urban Service Boundary) including wetlands, stream corridors, and tree groves. Such lands are more sensitive or easily damaged by development impacts than non-resource lands.

Service Lateral. A sewer pipe extending from a sewer line to the property line to provide service for the structure on that property.

Service Station. A commercial establishment which provides retail sale of motor fuel and oil for motor or marine vehicles, services batteries, furnishes repair and service, excluding painting, body work, steam cleaning, tire recapping and mechanical car washing equipment capable of washing more than one car at a time, and at which accessory sales or incidental services are conducted.

Setback Line. The innermost line of any required yard or reserved area on a lot.

Shelters, Waiting. An area providing protection from weather, and visual access and physical proximity to arriving transit vehicles; may be as simple as an extended overhang or protected entry or as elaborate as a separate structure complete with furniture.


•    Directional. A luminaire designed to be aimed or pointed.

•    Fully Shielded. A luminaire emitting no more than 0.5 percent of its luminous flux above the horizontal plane, including any luminaire rated "full cut off" according to IES RP-8-01.

•    Shielded. A luminaire emitting no more than 2 percent of its total luminous flux above the horizontal plane, including any luminaire rated "cutoff" according to IES RP-8-01.

•    Partly Shielded. A luminaire emitting no more than 10 percent of its total luminous flux above the horizontal plane, including any luminaire rated "semi-cutoff" according to IES RP-8-01.

•    Unshielded. A luminaire that may emit its luminous flux in any direction (i.e., neither shielded nor partly shielded).

Silviculture. The care and cultivation of forest trees.

Skilled Nursing Facility. Skilled nursing facilities provide 24 hour direct medical, nursing and other health services. Registered nurses, licensed practical nurses, and nurses’ aides provide services prescribed by resident(s) physician(s). Skilled nursing is for those persons who need health supervision but not hospitalization. The emphasis of this use is on nursing care, but convalescent, restorative physical, occupational, speech, and respiratory therapies are also provided. The level of care may also include specialized nursing services such as specialized nutrition, rehabilitation services and monitoring of unstable conditions. The term skilled nursing facility is also synonymous with the terms nursing facility and nursing home.

Slope. Slope is measured by the following equation S = E/D, where S is the slope, E is the vertical elevation change from between two reference points, and D is the horizontal distance between two reference points. [Cross-Reference: see Footprint, Sloped.]

Specimen Tree. Particularly fine or unusual example of any tree specie, including smaller trees such as dogwood, cherry, or Japanese maple.

Steep Slope. A steep slope is an average slope of 25% or more, when measured from the front lot line to the most distant point of the building.

Standard Details. The set of detail drawings contained in the City of Lake Oswego’s "Standard Construction Specifications and Drawings".

Start of Construction. Start of construction is meant to apply to new construction and substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date.

a.    For new construction. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure.

b.    For substantial improvement. The actual start means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Storefront. The entrance facade of a building typically facing the street.

Storm Water Runoff. Water that results from precipitation which is not absorbed by the soil or plant material.

Storm Water Storage Area. A facility used for detention and/or retention of storm water runoff.

Story. 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 topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than 6 feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a story.

Stream. Flowing surface waters that produce a definable channel or bed. Stream flows can be perennial, intermittent, or ephemeral. Streams do not include ditches, storm drains, or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction or have come to function as natural water courses, thus contributing to the quality of an area’s overall natural systems.

Notwithstanding the above "stream" definition, for purposes of LOC 50.41 (Drainage Standard for Major Development), stream shall mean a natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground.

Stream Channel. A definable channel that demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds, and vegetated swales. A stream channel may be a bed with sloping banks or may be a swale with gradually sloping sides. In most cases there is a distinct grade break at the edge of the stream channel.

Stream Corridor. A stream corridor is an area of land that includes both a stream and the area ten feet on either side of the centerline of the stream and any area beyond ten feet that includes a set of natural features generally associated with the stream. See LOC Appendix 50.16.035 (1)(c). These natural features include, stream channels, flood plains, wetlands, riparian vegetation, associated vegetation, steep slopes, and habitat features. A stream corridor generally includes the following:

a.    Hydrological Characteristics. Physical features that affect stream flow capacity, rates of channel erosion and patterns of sedimentation including but not limited to stream alignment, cross section and profile, roughness of channel and banks, and drainage patterns.

b.    Plant Communities and Wildlife Habitat. The association of trees, shrubs, ground cover, and aquatic plants that affects the hydrological characteristics of a stream corridor, reduces runoff turbidity, provides shade which lessens thermal pollution, filters out nutrients carried by runoff, protects stream corridor soils and slopes from erosion, and provides habitat for fish, wildlife and aquatic organisms.

c.    Soils with Potential for Severe Erosion. Soils within stream corridors tend to be very erosion-prone by nature. This feature affects channel erosion rates, patterns of sedimentation downstream, and potential for hazards to property within and adjacent to the stream corridor.

d.    Ravines and Steep Slopes. Lake Oswego steam corridors frequently include ravines and steep slopes.

e.    Associated Aquatic Elements. Floodplains and wetlands may be adjacent to or associated with the stream.

Stream Corridor Functions and Values. The beneficial characteristics of stream corridors, including, but not limited to:

•    Protection of wildlife habitat and travel corridors;

•    Protection of riparian vegetation;

•    Erosion control;

•    Flood and storm water control;

•    Water quality enhancement;

•    Open space, passive recreation, and visual enjoyment, and;

•    Cultural, social, education and research values.

Stream, Perennial. A stream or part of a stream that flows continuously above ground during years of average or near-average rainfall, as a result of ground-water discharge or surface runoff.

Street. The entire width between the right-of-way lines of a local street, collector, or arterial capable of providing the principal means of access to abutting property.

Structural Alteration. A change to the supporting members of a structure including, but not limited to, foundation, bearing walls or bearing partitions, columns, beams, girders or the roof.

Structure. 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. If the structure is located across separate parcels or lots and the portions of the structure are separately owned, the "structure" shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot. For purposes of LOC Article 50.44, a "structure" means a walled and roofed building and a gas or liquid storage tank.

Structure, Viable Existing.

a.    An existing structure that complies with LOC Article 50.65;

b.    A designated historic resource; or

c.    A structure that is not likely to be redeveloped due to use, size, recent construction or other similar factors (e.g., City Hall, Main Fire Station, Bank Building at northeast corner of 4th and A, building at northeast corner of 2nd and B).

Subdivide. To divide an area or tract of land into four or more lots within a calendar year, when such land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. For the purpose of computing the number of lots created, each lot created shall be counted as a separate lot notwithstanding the fact they are held in common ownership.

Substantial Improvement. For the purpose of LOC Article 50.44, a substantial improvement is any reconstruction, rehabilitation, addition, or other improvements to a structure, the cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means improvement to a structure that has been damaged or destroyed to a degree that the cost of repair or restoration would equal or exceed 50% of the market value of the structure before the damage or destruction occurred.

The term does not include either:

a.    Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

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

(See "Cross-Reference" for Substantial Improvement.)

Swale. A swale is a depression, sometimes swampy, in the midst of generally level land that conducts surface water.

Telecommunications Facilities. Facilities designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices. The following definitions apply to the regulation of telecommunications facilities:

a.    Abandoned Facility. A transmission tower and/or ancillary facilities whose use has been discontinued for a period of at least six months.

b.    Ancillary Facilities. The structures and equipment required for operation of the telecommunication equipment, including but not limited to antennae, repeaters, equipment housing structure, and ventilation and other mechanical equipment.

c.    Antenna(e). An electrical conductor or group of electrical conductors that transmit or receive radio waves.

d.    Attachment. An antenna or other piece of related equipment affixed to a transmission tower.

e.    Collocated Facility. A new attachment, antenna, or tower placed on existing suitable structures or the addition of new ancillary facilities to an existing transmission tower facility site.

f.    New Facility. The installation of a new transmission tower. New attachments are not new facilities.

g.    Pre-existing Towers and Pre-existing Antennas. Any tower or antenna constructed or approved pursuant to City standards in effect prior to the effective date of this ordinance.

h.    Service Area. The vicinity around a telecommunications facility site that effectively receives signals from and transmits signals to the facility at the strength of signal required by the Federal Communications Commission.

i.    Shadow. A geographic area that has less than adequate telecommunication service coverage.

j.    Tower Footprint. The area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment, attachments, or structural members but excluding ancillary facilities and guy wires and anchors.

k.    Tower Height. The vertical distance measured from the highest point on the transmission tower or other structure, including any antennae, to the original grade of the ground directly below this point.

l.    Tower Pad. The area that encompasses the tower footprint, ancillary facilities, fencing and screening.

m.    Transmission Tower. The guyed tower, lattice tower, monopole, or similar structure on which transmitting or receiving antennae are located. For purposes of this Code, ham radio transmission facilities are considered "aerials" and not "transmission towers".

i.    Guyed Tower. A tower which is supported by the use of cables (guy wires) which are permanently anchored.

ii.    Lattice Tower. A tower characterized by an open framework of lateral cross members which stabilize the tower.

iii.    Monopole. A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys.

Temporary Lighting. Lighting installed with temporary wiring and operated for less than 60 days in any calendar year.

Temporary Structure. A structure used for one year or less.

Transit Facilities. Includes, but are not limited to, transit streets, transit stops, park and ride stations, multi-modal exchange stations, bus pullout lanes, multiple-passenger transit waiting shelters and furniture, and transit information stations.

Transit Oriented Development (TOD). A mix of residential, retail and office uses and a supporting network of roads, bicycle and pedestrian ways focused on a major transit stop designed to support a high level of transit use.

Transit Oriented Features. Features to support a high level of transit use, such as sidewalks, accessways, bikeways, pedestrian and bicycle amenities, and walkways within developments.

Transit Service, Protected. Service which will be established within a 1/4 mile radius within five years after completion of development.

Transit Street. All streets designated by the Lake Oswego Comprehensive Plan as an arterial street and any street designated by Tri-Met as a bus route.

Transportation Project. A public or private road, street, sidewalk, pathway, bridge, tunnel, rail, or transit improvement designed to facilitate the movement of people or goods within the community. The term includes improvements for drainage, bank stabilization, and erosion control which are related to a transportation project.

Tree Grove. A stand of three or more trees (of the same species or a mixture) which form a visual and biological unit, including the area between the forest floor and the canopy, including skyline trees, and including any understory vegetation existing within the canopied area. A stand of trees must be at least 15 feet in height and must have a contiguous crown width of at least 120 feet to qualify as a tree grove.

a.    Associated Tree Grove. A tree grove that is contiguous with the boundaries of a designated stream corridor or wetland and contributes to the resource value of the riparian area by extending and operating in conjunction with the habitat of the riparian area and providing flood control and water quality enhancement. Such tree groves are located within the buffer areas of a wetland or stream corridor but may extend beyond the buffer.

b.    Isolated Tree Grove. A grove of trees that is not associated with a stream corridor or wetland as described in subsection (a) of this definition.

Uplands (or upland forests). The non-riparian portions of tree groves lying outside of stream corridors, wetlands, and their respective buffers.

Use, Accessory. Any use incidental, subordinate and consistent with the primary use on the same lot or in the same building, and which is consistent with the uses allowed in the zone in which it is located.

Use, Change of. A change of the activity on a site which results in a change in the number of parking spaces required by the parking and loading standard.

Use, Principal. The main or primary purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is, or may be, occupied or maintained.

Utility. For purposes of this Code, a utility is any person (as defined in this section) who is a local exchange carrier or an electric, gas, water, or other public utility, and who owns or controls poles, ducts, conduits, or rights of way used, in whole or in part, for any wire or cable communication.

Vanpool. A group of from seven to fifteen commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis.

Vegetation. All plant growth, especially trees, shrubs, mosses and grasses.

Walkway. A surfaced strip of land, legally accessible to the public, improved to accommodate pedestrian traffic.

Walls, Exterior. Any wall or element of a wall, or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater with the horizontal plane.

Water Bodies. Water bodies include rivers, streams, creeks, sloughs, drainageways, lakes, ponds, and permanently or temporarily flooded lands which lie below the deep water boundary of wetlands. Water depth is such that water, and not the air, is the principal medium in which prevalent organisms live, whether or not they are attached to the bottom. The bottom may sometimes be considered non-soil or the water may be too deep or otherwise unable to support emergent vegetation.

Water Conveyance Capacity. The capacity of a watercourse to convey a particular volume of water per unit of time at a particular water surface elevation at any particular point on the watercourse.

Watercourse. A natural or artificial channel which conveys storm water runoff.

Notwithstanding the above definition, for purposes of LOC Article 50.44, watercourse means a bed or channel of a riverine drainageway such as a river, stream, creek, or brook.

Water Courses. Water courses are defined as ephemeral, intermittent, and perennial drainageways which exhibit defined channels:

a.    "Ephemeral" means water courses which convey water associated with rainfall events.

b.    "Intermittent" means water courses whose conveyance of water is seasonal in nature.

c.    "Perennial" means water courses which convey water year-round.

Water courses also include perennial springs. They may be either the result of natural processes or human-made features such as canals, mill races, and open drainageways which are either historic in nature, or have come to function as natural water courses, thus contributing to the quality of an area’s overall natural systems including hydrology, vegetation, wildlife habitat. (See "watercourse" for purposes of LOC Article 50.41, Drainage Standard for Major Development, and LOC Article 50.44, Flood Management Area.)

Water Dependent Use. A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water. Water dependent uses include, but are not limited to, boat houses, docks, decks, marinas, piers, boat lifts, or similar structures. A cabana is not a water dependent use.

Water Distribution System. A system consisting of underground pipes, house service lines, valves, hydrants, and other appurtenant structures provided for the transmission of potable water to its point of use.

Wetland. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include but are not limited to swamps, marshes, bogs, and similar areas.

a.    Isolated Wetland. A wetland that is not linked or connected to an adjacent stream corridor, wetland, tree grove, or other wooded area.

Wetland Functions and Values. The beneficial characteristics of wetlands, including but not limited to:

a.    Wildlife and plant habitat protection;

b.    Protection of sensitive, threatened and endangered species;

c.    Erosion control;

d.    Flood and storm water storage;

e.    Water quality enhancement;

f.    Ground water recharge;

g.    Open space, passive recreation, and visual enjoyment;

h.    Cultural, social, educational, and research values.

Wrecking Yard. Any premises used for the storage, dismantling or sale of either inoperable motor vehicles, trailers, machinery and/or building materials, or parts of such items.

Yard. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

Yard, Front. A yard, the front of which is the front lot line measuring at right angles toward the building the required distance or to the front exterior wall of the building.

Yard, Rear. A yard, measured at right angles from the rear lot line toward the building, the required distance.

Yard, Required. The area of land and space between a lot line and a setback line, whether the setback line is established by the terms of this Code or by an approval granted pursuant to this Code.

Yard, Side. A yard, measured at right angles from the side lot line toward the building, the required distance.

Appendix 50.02-C

[Cross-References: Access (Access Development Standard): See LOC 50.57.010; Capacity (Utility Development Standard): See LOC 50.64.010; Cut or Excavation: See LOC 50.43.010; Design vehicle: See LOC 50.58.010; Erosion: See LOC 50.43.010; Fill: See LOC 50.43.010; Increased use (On-Site Circulation Development Standard): See LOC 50.58.010; Mulch: See LOC 50.43.010; Old Town Styles: See LOC 50.66.010; Potential Severe Erosion Hazard Area: See LOC 50.43.010; Potential Severe Landslide Hazard Area: See LOC 50.43.010; Sediment: See LOC 50.43.010; Stripping: See LOC 50.43.010; Substantial Improvement (Flood Management): See LOC 50.44.045 for methods of calculating market value for flood management purposes; Village Character: See LOC 50.65.020.]

(Ord. 2571, Amended, 11/15/2011; Ord. 2525, Amended, 11/01/2011; Ord. 2561, Amended, 09/06/2011; Ord. 2567, Amended, 12/13/2010; Ord. 2562, Amended, 12/07/2010; Ord. 2549, Amended, 06/15/2010; Ord. 2524, Amended, 06/01/2010; Ord. 2527, Amended, 04/21/2009; Ord. 2530, Amended, 12/16/2008; Ord. 2507, Amended, 06/03/2008; Ord. 2462, Amended, 12/19/2006; Ord. 2398, Amended, 12/06/2005; Ord. 2429, Amended, 09/06/2005; Ord. 2333, Amended, 07/15/2003; Ord. 2346, Amended, 06/10/2003; Ord. 2322, Amended, 02/04/2003; Ord. 2334, Amended, 12/17/2002; Ord. 2328, Amended, 08/06/2002; Ord. 2243, Amended, 04/02/2002; Ord. 2316, Added, 03/05/2002)

50.02.050 Repealed.