The following definitions are organized alphabetically.
Access Easement. An easement conveyed for the purpose of providing vehicle, bicycle, and/or pedestrian access from a public street to a lot or parcel across intervening property under separate ownership. Cross Access Easement is an easement providing vehicular access between two or more separate sites, so that the driver need not enter the public street system between sites.
Access Management. The systematic control of the location, spacing, design, and operation of driveways, median openings, interchanges, and street connections to a roadway to minimize conflicts between turning and through vehicles, bicyclists, and pedestrians. The purpose of access management is to provide access to land development in a manner that preserves the safety and efficiency of the transportation system. Public facility measures to support access management include roadway design applications, such as minimum spacing of driveways, median treatments, and the appropriate spacing of traffic signals.
Access Point. A connection providing for the movement of vehicles to or from a lot or parcel to a public roadway.
Accessible. Two meanings are possible depending on the specific code provision: In general, accessible means approachable by pedestrians, bicyclists, vehicles, or other transportation modes, as applicable. Accessible may also mean approachable and useable by people with disabilities, in conformance with the Federal Americans with Disabilities Act. Either or both definitions may apply in a particular situation.
Accessory Building or Structure. A building or structure of secondary importance or function on a site, and which is located on the same lot with the primary use. Examples of accessory structures include but are not limited to: buildings not attached to the main building (e.g., garages, carports, guest houses, workshops, and sheds), arbors, gazebos, and mechanical equipment. See also, definition of Dwelling – Accessory Residential Unit.
Accessory Equipment. For the purposes of implementing chapter 18.4.10 Wireless Communication Facilities, all appurtenances defined in wireless communication facilities, with the exception of the support structure and antennas.
Accessory Travelers’ Accommodation. Transient lodging in a residential zone where the property owner resides in a dwelling on its own lot and rents no more than two bedrooms under a single reservation to overnight guests on one or more occasions for a period of less than 30 consecutive days.
Accessory Use. A use or activity that is subordinate to a primary use and that is clearly incidental to the primary use on a site. See also, definition of Primary Use.
Addition. Construction that increases the size of the original structure by building outside existing walls and/or roof.
Agricultural Structures. Structures intended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to barns, silos, water towers, windmills, greenhouses.
Agriculture or Agricultural Use. The use of the land for crops and tree farming; the tilling of the soil, and the raising of field and tree crops.
Aircraft Hangar (including Conventional, Executive and T-Hangar). A building structure designed to hold aircraft and associated equipment and materials in protective storage, generally built of metal, but other materials such as wood and concrete are also used.
Airspace Obstruction. Any structure, tree, land mass, or use of land which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by this Title and/or regulations of the Federal Aviation Administration.
Alcove. Any small recessed or niched space.
Alter or Alteration. For the purposes of implementing chapter 18.3.11 Water Resource Protection Zones Overlay, any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces, or other construction. Permit to be Altered means allowing or failing to prevent the alteration. See also, definitions related to Signs, below.
Antenna. The device used to capture an incoming or to transmit an outgoing radio-frequency signal from wireless communication systems. Antennas include the following types.
1. Omni-Direction (whip) Antenna - receives and transmits signals in a 360 degree pattern.
2. Directional or Parabolic (panel or disk) Antenna - receives and transmits signals in a directional pattern. They are typically rectangular in shape.
3. Microwave Antennas - receives and transmits to link two telecommunication facilities together by line of sight. They are typically circular or parabolic in shape and can be a grid or solid material.
Apiary. The assembly of one or more colonies of bees at a single location.
Applicant. A person who applies for a permit or approval under this ordinance. An applicant can be the owner of the property, a contract purchaser, or someone who is legally authorized to represent the owner, such as a planner, builder, or developer.
Approval Authority. The Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City Council as determined by the applicable procedural requirements.
Arborist. A person licensed by the State of Oregon Landscape Contractors Board or Construction Contractors Board who is certified as an arborist from the International Society of Arboriculture or American Society of Consulting Arborists.
Arcade. A covered passageway with a series of open archways on one or both sides.
Architect. An architect licensed by the State of Oregon.
Architectural Projection. Eaves, decorative extensions, bay windows having no floor space, or other portions of a building having no living space or key structural value.
Ashland Municipal Code (AMC). The complete codification of the general ordinance of the City of Ashland.
Automobile Service Station. A business that dispenses or sells fuel and services and performs light repair to automobiles and light trucks including tune-ups and transmission or drive train repairs, but does not include the outside storage of automobiles or materials such as tires, auto parts, etc.
Automotive and Truck Repair Service. Establishments primarily engaged in providing automobile and truck repair.
Average Slope. For the purposes of determining the area to remain in a natural state in Hillside Lands, average slope for a parcel of land or for an entire project is calculated before grading using the following formula:
S = (.00229(I)(L)) / (A)
where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the area of the parcel or project in acres.
Awning. A lightweight, exterior roof-like shade that projects over a window or door.
Balcony. A railed or balustrade platform that project from a wall.
Ballot Measure 49 – Definitions Related to Chapter 18.5.10 Ballot Measure 49 Claims.
- Ballot Measure 49The measure enacted by the voters at the November, 2007 General Election, which amended ORS chapter 197. Ballot Measure 49 Claim means a written demand for compensation filed under section 12 to 14 of Measure 49 and ORS 197.25, as in effect on and after the effective date of Measure 49. Claimant in this context means the person who has filed a claim. The claimant must be a current owner of the property that is the subject of the claim.
- Fair Market ValueThe amount of money, in cash, that the property would bring if the property were offered for sale by a person who desires to sell the property but is not obligated to sell the property, and if the property were bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of property, with all of the property’s adaptations to general and special purposes. The fair market value of property does not include any prospective value, speculative value, or possible value based upon future expenditures and improvements.
- InterestThe average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period.
- Land Use RegulationA provision of a city comprehensive plan, zoning ordinance, or land division ordinance that restricts the residential use of private real property zoned for residential use.
- PropertyThe private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the federal government, an Indian tribe, or a public body, as defined in ORS 192.410.
- Reduction in Fair Market ValueThe difference, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest.
- Waive or WaiverAn action or decision authorizing the claimant to use the property without application of the land use regulation(s) to the extent necessary to offset the reduction in fair market value of the property.
Bank Full Stage. The two-year recurrence interval flood elevation.
Bar. Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on premises as accessory to the primary use.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Base Flood Elevation (BFE). The water surface elevation during the base flood in relation to a specific datum. The base flood elevation (BFE) is depicted on the Flood Insurance Rate Map (FIRM) to the nearest foot and in the Flood Insurance Study (FIS) to the nearest 0.1 foot. See also, definitions of Flood Insurance Rate Map and Flood Insurance Study.
Basement. That portion of a building with a floor-to-ceiling height of not less than six-and-a-half feet, where the perimeter walls do not exceed 12 feet above finished grade at any point, and where 50 percent or more of its perimeter walls are less than six feet above natural grade.
1. A repetitive vertical subdivision of an exterior façade; may be defined by various means, including pilasters a wall openings.
2. A door or window opening in a façade, especially when defined by repetitive columns or arches.
Beekeeper. A person who owns or has charge of one or more colonies of bees.
Block. The land surrounded by streets and other right-of-way other than an alley or land that is designated as a block on any recorded subdivision map.
Block Length. The distance measured along a street between the centerlines of two intersecting through streets.
Block Perimeter. The sum of the block lengths of all sides of a block.
Building Code. The combined specialty codes as defined in AMC 15.04 and approved by the State of Oregon.
Building Envelope. An area, within the property boundaries of a lot, parcel, or space within which a permitted building can be placed.
Caliper Inch. A manner of expressing the diameter inches of a tree as calculated by measuring the tree's circumference and dividing by Pi (approximately 3.14159). Specially calibrated diameter tapes or calipers are used to determine caliper inches.
Cast Stone. A mixture of stone chips or fragments usually embedded in a matrix of mortar, cement, or plaster; the surface may be ground, polished, molded, or otherwise treated to simulate stone.
Centerline of Stream. An imaginary line that is in the midpoint of the stream channel. In cases where a stream has multiple or braided channels, the centerline of stream is the midpoint between the outermost or upland sides of the stream channels. See Figure below.
Change of Use. Change in the primary type of use on a site.
Child Care Facility. An establishment providing care and supervision of children for periods of less than 24 hours that do not otherwise meet the definition of family child care home.
- Family Child Care HomeCare for not more than 16 children in a single-family dwelling. See ORS 329A.440 for applicable requirements.
City. The City of Ashland, Oregon.
City Administrator. The City Administrator of the City or the City Administrator's designee.
City Engineer. The City Engineer of the City or the City Engineer's designee.
City Facility. A public service or facility provided, owned, and controlled by the City.
Clearing. Removal, redistribution, or disturbance of vegetation, soil, or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site.
Club. Any organization, group, or association supported by the members thereof, the purpose of which is to render a service customarily rendered for members and their guests but does not include a commercial use.
Cohesive Soils. Residual or transported soils, usually originating from parent rock that contains significant quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index of ten or more, based on laboratory testing according to AASHTO methods or a site-specific scientific analysis of a particular soil material.
Collocation. The use of a single wireless communication facility by more than one wireless communications provider.
Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen at times drones, brood, combs, and honey.
Column. A slender, vertical elment that supports part of a building or structure.
Commercial. Land use involving the sale of goods or services for a profit. See also, definition of Retail Sales and Services.
Commission. The Planning Commission of the City.
Common Area. Land jointly owned to include open space, landscaping, parking, or recreation facilities (e. g., may be managed by a homeowners' association).
Comprehensive Plan. The current adopted Comprehensive Plan of the City.
Condominium. A development providing for individual ownership of units or airspace in a multi-unit structure or structures, in which the underlying land and/or structures are held under joint dominion. See ORS 100 for applicable requirements.
1. A horizontal masonry band with continuous or intermittent corbels.
2. A stepped portion of a masonry wall; the steps may be on top or on the bottom.
Cornice. The projecting moldings forming the top band of a wall or other element.
Council. The City Council of the City.
County. Unless otherwise specified, Jackson County, Oregon.
Courtyard. An exterior space surrounded on three or four sides by building and/or walls.
Coverage, Lot or Site. The total area of a lot covered by buildings, parking areas, driveways, and other solid surfaces that will not allow natural water infiltration to the soil. Landscaping, including living plants, vegetative ground cover, and mulch, which allows natural soil characteristics and water infiltration and retention is not considered lot or site coverage. See also, lot coverage exemption in Table 18.2.5.030.A – Standards for Urban Residential Zones.
Days. Calendar days, unless specifically states as working days. Working days included Monday through Friday, excluding Federal holidays. See also, section 18.5.1.090.C Time Periods.
Dead Tree. A tree that is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season.
Decorative. Treatment applied to the surface of a building or structure to enhance its beauty.
Deer Fence. An open fence used to prevent entry by deer or other wildlife for the purpose of protecting gardens, vegetation, and yards.
Density(ies). A measurement of the number of dwelling units in relationship to a specified amount of land. A common standard is dwelling units per acre.
Designer. A person not registered as an architect or engineer, approved to plan and design single family homes and other buildings that area defined as exempt by the building code.
Develop. To construct or alter a structure or to make a physical change to the land including excavation, clearing, dredging, fill, or paving.
Development. All improvements on a site, including alterations to land and new or remodeled structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities.
Diameter at Breast Height (DBH). The diameter of the trunk at its maximum cross section, measured 54 inches (4 ½ feet) above ground level at the base of the trunk. On sloped lands, the measurement is taken on the uphill side of tree.
Disc Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but is not limited to, what are commonly referred as satellite earth stations, TVROS, and microwave antennas.
Discontinued Use. A use that physically left the land it was on, a permitted use that ceased, or a use terminated at the end of a lease or contract. See also, chapter 18.1.4 Nonconforming Situations.
District. A part, zone, or geographic area in the City within which certain zoning or development regulations apply. See also, chapter 18.2.1 Zoning Regulations and General Provisions.
Drainage Ditch or Channel. Roadside ditches that carry only storm water runoff from the adjacent road and the immediate surrounding area. (Drainage ditches do not include historically altered streams or channels that convey surface water flows. These features are still classified as streams for the purpose of this ordinance.); or a constructed channel designed as part of the storm water infrastructure that drain directly from storm water facilities or storm pipe systems.
Dripline. An imaginary vertical line extending downward from the outermost tips of a tree's branches to the ground.
Drive-Up Uses. Drive-up uses are defined as any establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods other than automobile fuel, or be entertained while remaining in their motor vehicles. The components of a drive-up use are regulated as part of such facility and include kiosks, canopies, or other structures; windows; stalls; and queuing lanes and associated driveways.
Driveway. The area that provides vehicular access to a site from a street or the area that provides vehicular circulation on a site.
- Drive, FlagA driveway that serves a single lot or parcel and is greater than 50 feet in length, or provides vehicular access to a flag lot(s). See also, section 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
- Driveway, SharedA driveway used to access two or more lots or parcels.
Driveway Apron. The edge of a driveway where it meets a public right-of-way.
Driveway Approach. A driveway connection to a public street or highway where it meets a public right-of-way.
Driving Surface. A paved access capable of supporting up to 44,000 lbs. gross vehicle weight.
Dwelling. A structure conforming to the definition of a dwelling under applicable building codes and providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory dwelling units, as applicable, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill or wet bar. For the purposes of this title, the following types of dwelling units are defined:
- Accessory Residential UnitA secondary dwelling unit on a lot where the primary use is a single-family dwelling, either attached to a single-family dwelling, within a portion of an existing single-family dwelling (i.e., conversion of gross floor area within the primary residence), or in a detached building located on the same lot, and having an independent means of access (i.e., door).
- Duplex DwellingA structure that contains two dwelling units located on one lot. The units must share a common wall or common floor/ceiling.
- Manufactured HomeA structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
- Mobile HomeA structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
- Multifamily DwellingA dwelling in a structure or grouping of structures containing two or more dwelling units located on one lot.
- Senior HousingHousing designated and/or managed for persons over a specified age. Specific age restrictions vary, and uses may include assisted living facilities, retirement homes, convalescent or nursing homes, and similar uses not otherwise classified as Residential Homes or Residential Facilities.
- Single-Family DwellingA detached or attached structure containing one dwelling unit located on its own lot.
Easement. A grant of the right to use land for a specific purposes, such as access or to locate utilities.
Elevation. A scaled drawing which illustrates the view of a side of a building.
Engineer. A registered professional engineer licensed by the State of Oregon.
Engineering Geologist. A registered professional engineering geologist licensed by the State of Oregon.
Enhancement. Actions performed to improve the condition or functions and values of a water resource and its associated protection zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species.
Facade. Any of the exterior faces of a building.
False Front. A building façade that extends above the roof or beyond the side walls in order to give the impression of a larger structure.
Family. An individual or two or more persons related by blood, marriage, legal adoption, or guardianship; or not more than five persons who are not related by blood, marriage, legal adoption, or guardianship.
Fill. A deposit of earth or other natural or manmade material placed by artificial means.
Filling. The act of placing fill material in any amount, including the temporary stockpiling of fill material.
Final Plat. The diagrams, drawings, and other writing containing all the descriptions, locations, dedications, provisions, and information concerning a land division, pursuant with ORS 92 and chapter 18.5.3 of this ordinance.
Fire- and Ignition-Resistant Materials. Materials or assemblies that will not ignite and burn when subjected to fire including but not limited to masonry, concrete, stone, metal, and fire-retardant-treated wood identified for exterior use.
Fire Code Official. The Fire Chief or other designated authority charged with the administration and enforcement of the Fire Code, or a duly authorized representative.
Fire-Resistant Exterior. Exterior building materials or assemblies that restrict or retard the spread of fire through the use of fire- and ignition-resistant materials.
Fire-Resistant Plants. Plants that are not listed on the Prohibited Flammable Plant List. Fire-resistant plants do not readily ignite from a flame or other ignition source, and are maintained to be free of dead material. Fire-resistant plants have the ability to store water in leaves or stems, have low levels of volatile oils or resins, and contain high levels of salt or other nonresinous compounds within the plant tissues that can contribute to fire resistance.
Fire-Retardant-Treated Wood. Wood products that, when impregnated with chemicals by a pressure process or other means during manufacture, exhibit reduced surface-burning characteristics and resist propagation of fire.
Fire Work Area. An area capable of supporting up to 44,000 lbs. gross vehicle weight.
Fish Bearing or Fish Habitat. Inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the state or federal endangered species acts. Fish use is determined from Oregon Department of Forestry Stream Classification, Oregon Department of Fish and Wildlife, and Oregon Department of State Lands maps for salmonid fish distribution.
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.
Flood Insurance Study (FIS). The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries, and water surface elevations of the base flood.
Floodway Channel. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor Area, Gross Habitable. The total area of all floors in a dwelling measured to its outside surfaces that are under the horizontal projection of the roof or floor above with at least seven feet of head room, excluding uninhabitable spaces accessed solely by an exterior door.
Floor Area, Gross. The total area of all floors in a building measured to the outside surfaces that are under the horizontal projection of the roof or floor above.
Floor-Area Ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area.
Garage. A covered permanent structure designed to provide shelter for vehicles, and which is accessory to a dwelling. Carports are considered garages.
Garage sale. A temporary activity conducted on the premises of a private residence for the purpose of disposal of goods or belongings of the residents of the dwelling.
Geotechnical Expert. An engineering geologist or an engineer with demonstrable expertise in geologic hazards evaluation and geotechnical engineering.
Grade or Ground Level. The average of the finished ground level at the center of all walls of the building. In case a wall is parallel to and within five feet of a sidewalk, the ground level must be measured at the sidewalk.
Grading. All cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development.
Greenhouse. A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment or for subsequent sale.
Ground Floor. The first floor of a building other than a cellar or basement.
Group Living. Group living is characterized by the long-term residential occupancy of a structure by a group of people. The size of the group typically is larger than the average size of a household. Group Living structures do not include self-contained units but rather have common facilities for residents including those for dining, social and recreational, and laundry. Residential Care Homes, Residential Care Facilities, and Room and Board Facilities are types of Group Living.
- Residential Care HomeA residential treatment or training or adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. (See also, ORS 197.660).
- Residential FacilityResidential facilities provide housing and care for 6 to 15 individuals who need not be related as defined under ORS 430.010 (for alcohol and drug abuse programs); ORS 443.400 (for persons with disabilities); and ORS 443.880. Staff persons required to meet State-licensing requirements is not counted in the number of facility residents and need not be related to each other or the residents.
- Room and Board FacilityGroup living establishment located in a dwelling or part thereof, other than a travelers’ accommodation or hotel, where lodging, with or without meals, is provided for compensation for a minimum period of 30 days. Personal care, training, and/or treatment is not provided at a room and board facilities. Examples include dormitories, fraternities, sororities, and boarding houses.
Guest House. A house or quarters without kitchen cooking facilities to provide shelter for guests, and which is accessory to a single-family dwelling. A guest house is and remains dependent upon the main building for kitchen facilities, and can be a detached building located on the same lot or attached to a single-family dwelling. See also, section 18.2.5.040 Accessory Buildings and Structures.
Gully. A drainage incision, commonly caused by erosion, which does not experience regular or seasonal stream flow, but does act as a channel for runoff during periods of high rainfall.
Hand-Held Equipment or Machinery. Equipment or machinery held in and operated by hand, such as manual tools, weed eaters, chainsaws, and equipment or machinery with wheels and a weight of 100 pounds or less (e.g., push lawn mower, brush mowers). See also, definition of Power-Assisted Equipment or Machinery.
Hazard Tree. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated.
Height of Building or Structure. The vertical distance from grade or ground level to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. See Figure below. See also, definition of Grade or Ground Level.
Heritage Tree. Any tree listed on the official City of Ashland Heritage Tree List adopted by the City Council.
Highly Flammable Plants. A plant species that has characteristics which make it more volatile by encouraging easy ignition and the spread of fire through its foliage due to low moisture content, dense dry leaves, needles, grass-like leaves, or volatile resins and oils. Highly flammable plants are specifically those species listed on the adopted Prohibited Flammable Plant List.
Historic. A structure or site, usually over fifty years old, which possess the historical or architectural significant according to the Cultural Resources Inventory (1988-1989) of the City of Ashland and/or based on the criteria for listing in the National Register of Historic Places.
Historic District. A district identified as historically significant under the Comprehensive Plan and its implementing regulations (e.g., overlay zones).
Hive. The receptacle inhabited by a colony that is manufactured for that purpose.
Home Occupation. A business activity that is carried out in conjunction with a dwelling unit, and which is accessory to the residential use, subject to the special use provisions of section 22.214.171.124.
Homegrown Marijuana. Marijuana plants planted, cultivated, grown, and harvested by a person 21 years of age or older for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder. Medical marijuana grow sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance.
Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana.
- Cultivation AreaThe area within which marijuana plants are grown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imaginary vertical line extending downward from the outermost tips of the marijuana plants branches to the ground.
- Resident GrowerAn individual engaged in the cultivation of homegrown marijuana for personal consumption, whether for medical or non-medical purposes, or for a medical marijuana card holder.
Homeowners Association. A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds must be an assessment levied against each dwelling unit or other property, which assessment must be enforceable as a lien against the property.
Home-Oriented Commercial Activities. The operation of small local-convenience businesses within the Railroad Historic District. Such businesses may include grocery stores, barber and beauty shops, and similar uses.
Hospital. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.
Hostel. Any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and which are operated, managed, or maintained under the sponsorship of a non-profit organization which holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954, as amended.
Hotel/Motel. A building or portion thereof designed and used for transient lodging in a non-residential zone for a period of less than 30 days, lodged with or without meals and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
Immediate Danger of Collapse, Tree. A tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. Immediate danger of collapse does not include hazardous conditions that can be alleviated by pruning or treatment.
Impact Area. That area which is immediately surrounding a conditional use, and which may be impacted by it, including all land that is within the applicable notice area for a use. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area.
Impervious Surface. Surface materials that prevent the normal infiltration of storm water into the ground.
Industrial or Industrial Use. An activity related to the manufacture, production, or storage of produce to be transported elsewhere for retail sale.
Infill. The development of more intensive land uses upon vacant or under-utilized sites.
1. Any property or establishment on which one or more persons are engaged in breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap or waste materials; or
2. Any establishment or place of business on which two or more inoperable motor vehicles or an equivalent volume of waste or refuse are maintained, stored, bought, or sold. Includes wrecking yards, automobile graveyards, garbage dumps, and scrap metal processing facilities.
Kennel. Any lot or premises where four or more dogs or cats aged six months or older are boarded or bred for compensation. Establishments where animals are offered for sale as the primary use, such as pet stores, are not classified as kennels.
Landscape Professional. For the purposes of implementing chapter 18.3.10 Physical and Environmental Constraints Overlay, an arborist certified by the International Society of Arboriculture and licensed by the State of Oregon State Landscape Contractors Board or Construction Contractors Board or landscape architect licensed by the State of Oregon.
Land Use Decision. A final decision or determination made by the City (or other agency with jurisdiction) that concerns the adoption, amendment, or application of the Comprehensive Plan or any provision of this ordinance where the decision requires the interpretation or exercise of policy or legal judgment. All decisions requiring quasi-judicial review by the City are Land Use Decisions. Decisions subject to administrative review are considered limited land use decisions, pursuant with ORS 197.015.
Land Use Ordinance. The current adopted Land Use Ordinance (AMC Title 18 Land Use) of the City. Also referred to as “this ordinance.”
Lawn. Grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used.
LEED® Accredited Professional. A person who has earned a credential as a Leadership in Energy and Environmental Design (LEED®) Accredited Professional from the U.S. Green Building Council, or Green Building Certification Institute, in accordance with their standards and requirements.
LEED® Certification. A building registered with the U.S. Green Building Council which has satisfied all prerequisites and has earned a minimum number of points outlined in the Leadership in Energy and Environmental Design (LEED®) Rating System under which it is registered. Levels of certification include Certified, Silver, Gold, and Platinum.
LEED® Green Building Rating System or LEED® Rating System. The most recently published version of the Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems by the U.S. Green Building Council or the version to be superseded for one year after the publication of a new applicable LEED® Rating System version.
Loading Area. The area available for the maneuvering and standing of vehicles engaged in delivering and loading goods, freight, or other articles.
Local Native Plant Species. Those plant species appropriate to planting in or adjacent to a water resource that are native species indigenous to the Rogue River Basin. Local native plant species are adapted to the elevation, weather, soils, and hydrology of the area; will support the desired structure, functions, and values of the water resource; and once established require significantly less maintenance than non-native species. Plants may be added to or removed from the Local Native Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise, and local, state, and federal agencies.
Lot. A unit of land created by a partition or a subdivision or a unit or contiguous units of land under single ownership, which complies with all applicable laws at the time such lots were created. Any contiguous ownership of non-conforming lots will be considered one tract of land.
- Corner LotA lot abutting the intersection of two or more streets other than an alley. See Figure below.
- Flag LotA lot with two distinct parts. See Figure below.
1The flag, which is the building site; and is located behind another lot.
2The pole, which connects the flag to the street; provides the only street frontage for the lot with less than 40 feet of frontage on a street; and unless an alley provides access, includes a driveway providing access.
- Interior LotA lot other than a corner or flag lot.
- Through LotAn interior lot having frontage on two parallel or approximately parallel streets other than alleys. Such a lot has one front yard fronting on the primary public street.
Lot Area. The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way.
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
Lot Line. The property line along the edge of a lot.
- Front Lot LineIn the case of an interior lot, the lot line separating the lot from the street other than an alley. A corner lot has one street line considered the front lot line. The narrower street frontage must be the front lot line except when the Staff Advisor determines topographical or access problems make such a designation impractical. See Figure below.
- Rear Lot LineA lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line
- Side Lot LineAny lot line that is not a front or rear lot line. See Figure below.
Lot Width. The average (mean) horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
Manufactured Housing Development. A subdivision or park comprised of manufactured homes occupied for dwelling purposes, regardless of whether a charge is made for such accommodation.
Map. A diagram or drawing of a partition, subdivision, or any other land use or land development matter.
Marijuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp.
- Medical MarijuanaMarijuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346). Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA).
- Recreational MarijuanaMarijuana used for personal consumption by a person 21 years of age or older.
Marijuana Plant. Immature and mature plants of the plant Cannabis family Moracae.
Marijuana-Related Businesses. Marijuana-related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA). Marijuana-related businesses are organized into the following categories.
- LaboratoryA laboratory that tests marijuana and marijuana items.
- ProcessingProcessing, compounding, or conversion of marijuana into cannabinoid products, concentrates, or extracts.
- ProductionPlanting, cultivating, growing, harvesting, or drying marijuana. Medical marijuana grow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance.
- RetailA business that sells marijuana and marijuana products to the consumer.
- WholesaleAn operation that handles and distributes marijuana and marijuana products for the purpose of resale.
Marquee. A permanent roof-like shelter over an entrance to a building; flat in shape.
Mechanical Equipment. Equipment or devices installed for a use appurtenant to the primary use. Such equipment includes heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio, TV receiving or transmitting antennas, and any power generating devices.
Mezzanine. A partial intermediate floor between two main levels, especially directly above the ground floor; often has a lower ceiling height that the other levels.
Mezzanine Window. A window with a greater width than height, especially when used to provide light to an intermediate floor.
Mitigation. For the purposes of implementing chapter 18.3.11 Water Resource Protection Zones Overlay, taking one or more of the following actions listed in order of priority.
1. Avoiding the impact altogether by not taking a certain development action or parts of that action.
2. Minimizing impacts by limiting the degree or magnitude of the development action and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures.
5. Compensating for the impact by replacing or providing comparable substitute resources or environments.
Mitigation Plan. A plan that outlines the activities that will be undertaken to alleviate project impacts to sensitive areas.
Mixed-Use. The combination of residential uses with commercial (e.g., office, retail, or services), civic, or light industrial uses on a site.
Natural Grade. The elevation of the ground level in its natural and original state, before manmade alterations such as grading, filling, excavation, and construction. See Figure below.
Natural Resources Professional. For the purposes of implementing chapter 18.3.11 Water Resource Protection Zones Overlay, a natural resources professional includes individuals who have a Bachelors degree or the equivalent or greater, in the field of natural resources, biology, ecology, or related fields, and at least four years of relevant post-graduate experience.
Natural State. All land and water that remains undeveloped and undisturbed. Natural state does not include grading, excavating, filling, and/or the construction of roadways, driveways, parking areas, and structures are prohibited. Natural state includes the following activities.
1. Incidental minor grading for hiking trails, bicycle paths, picnic areas, and planting and landscaping which is in addition to and enhances the natural environment.
2. Incidental brush removal for lot maintenance and ecosystem health.
3. Vegetation removal for the purposes of wildfire control in conjunction with an approved fire prevention and control plan.
Nightclub. An establishment dispensing liquor and meals and in which live music, dancing, or entertainment is conducted.
Non-cohesive Soils. Residual or transported soils containing no or very little clay, usually from crystalline granitic parent rock. Non-cohesive soils have a Plasticity Index of less than ten, based on laboratory testing according to AASHTO methods or a published scientific analysis of a particular soil type.
Nonconforming Development. An element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk, or parking area, or lack thereof, that was created in conformance with development regulations but subsequently, due to a change in the zone or applicable code standards, is no longer in conformance with the current applicable development regulations. See also, chapter 18.1.4 Nonconforming Situations.
Nonconforming Lot or Lot of Record. A legally created lot or parcel meeting applicable regulations in effect at the time of creation (e.g., area, setbacks, coverage, location), but that subsequently, due to a change in the zone or zoning regulations, no longer conforms with the current applicable regulations. See also, chapter 18.1.4 Nonconforming Situations.
Nonconforming Structure. An existing structure that was created in conformance with the zoning regulations but that subsequently, due to a change in the zone or the zoning regulations, no longer conforms with the current applicable requirements of the zone in which it is located. See also, chapter 18.1.4 Nonconforming Situations.
Nonconforming Use. A use that was allowed by right when established or that obtained a required land use approval when established, but that subsequently due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See also, chapter 18.1.4 Nonconforming Situations.
Non-Native Species. A plant species which is not indigenous to the local area.
Noxious and Invasive Vegetation. Plant species which are recognized as having a significant potential to disrupt the functions and values of local water resource ecosystems. Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise, and local, state and federal agencies.
Nucleus colony. A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose not including surplus honey, storage, or harvesting.
Obstructed Street. A public street or a private drive serving greater than three units, or a driveway that has been obstructed by a gate or other barriers designed to restrict access.
Office. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.
Open Space. A common area designated on the final plans of the development, permanently set aside for the common use of the residents of the development. Open space area is landscaped and/or left with a natural vegetation cover, and does not include thoroughfares, parking areas, or improvements other than recreational facilities.
Orientation. To cause to face toward a particular point of reference (e.g., “A building oriented to the street.”).
- Building OrientationThe directional expression of the front façade of a building (i.e., facing the street, facing north, facing south).
Owner. The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the Office of the County Assessor. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the City a copy of a deed or contract of sale signed by the owner of record.
Panel. A small plane surface surrounded by moldings or depressed below or raised above the adjacent surface; typically rectangular but may be any geometric shape; may be ornamented.
Parapet. A low guarding wall that projects above the roof line.
Parking Area or Lot. Any area inside, under, or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, or structures.
- Private Parking Area or LotA parking area for the exclusive use of the owners of the lot on which the parking area is located or whomever else they permit to use the parking area.
- Public Parking Area or LotA parking area available to the public, with or without payment of a fee.
Parking Space. A space designed and designated to provide parking for a motor vehicle or bicycle in compliance with chapter 18.4.3 Parking, Access, and Circulation.
Parkrow or Planter Strip. A landscape area for street trees and other plantings within the public right-of-way, usually in the form of a continuous planter area between the street and sidewalk.
Partition. To divide an area or tract of land into not more than three parcels within 12 months
- Major Land PartitionA partition which necessitates the creation of a road or street.
- Minor Land PartitionA partition that does not necessitate the creation of a road or street.
Pedestrian Path. A graded cleared way, adjacent to the curb at curb level, for individuals who travel on foot.
Pedestrian Way. A right-of-way or easement for pedestrian traffic.
Person. Any natural person, their estate, or any legal entity; and including any of their designated representatives.
Pier. A member, usually in the form of a thickened section, which forms an integral part of a wall; usually placed at intervals along the wall to provide lateral support or to take concentrated vertical loads.
Pilaster. An engaged pier or pillar, often with capital and base; may be constructed as a projection of the wall itself.
Planned Road or Street. A highway, road, street, or alley identified in an adopted corridor plan, comprehensive plan, or transportation system plan in accordance with administrative procedures of OAR 660-012 and ORS chapter 197 but has not been constructed.
Planning Action or Planning Application. A planning action is an application filed pursuant to the requirements of this ordinance. A planning action is a proceeding pursuant to this ordinance in which the legal rights, duties, or privileges of specific parties are determined, and any appeal or review of such proceeding pursuant to the provisions of this ordinance. A planning action does not include a ministerial action or legislative amendment.
- Type I Procedure (Administrative Decision With Notice)Type I decisions are made by the Staff Advisor with public notice and an opportunity for appeal to the Planning Commission. See section 18.5.1.050 for the procedures for Type I actions.
- Type II Procedure (Quasi-Judicial Review/Public Hearing Review)Type II decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. See section 18.5.1.060 for the procedures for Type II actions.
Plat. A diagram, drawing, or replat containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.
Plaza. An open public space.
Porch. Covered porches, exterior balconies, or other similar areas attached to a building and having dimensions of not less than six feet in depth and eight feet in width.
- Enclosed PorchA porch that contains wall(s) that are more than 42 inches in height measured from finished floor level for 50 percent or more of the porch perimeter.
- Unenclosed PorchAll walls contained in an unenclosed porch are less than 42 inches in height, but an unenclosed porch may be covered.
Porous Solid Surface. Porous solid surface is a permeable surface built with an underlying stone reservoir that temporarily stores surface runoff before it infiltrates into the subsoil. Porous solid surfaces include pervious asphalt, pervious concrete, grass or permeable pavers, or decks that allow runoff to infiltrate the subsoil beneath the deck.
Power-assisted Equipment or Machinery. Equipment or machinery with wheels and a weight in excess of 100 pounds or that does not otherwise meet the definition of Hand-Held Equipment or Machinery. See also, definition of Hand-Held Equipment or Machinery.
Pre-existing Structure. For the purposes of implementing chapter 18.4.10 Wireless Communication Facilities, a structure in existence prior to an application for a wireless communication facility installation.
Primary Residence. The property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer’s principal residence. In addition to the taxpayer’s use of the property, relevant factors in determining a taxpayer’s principle residence may include, but are not limited to the following.
1. The taxpayer’s place of employment.
2. The principal place of abode of the taxpayer’s family members.
3. The address listed on the taxpayer’s federal and state tax returns, driver’s license, automobile registration, and voter registration card.
4. The taxpayer’s mailing address for bills and correspondence.
5. The location of the taxpayer’s banks.
6. The location of religious organizations and recreational clubs with which the taxpayer is affiliated.
Primary Building or Structure. A structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory structure may be determined by comparing the size, placement, design, appearance, function, and the orientation of the structures on a site, among other relevant factors.
Primary Orientation. Direction of the front of the building with the main entrance to the public.
Primary Use. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use. See also, definition of Accessory Use.
Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or fewer dwelling units.
Prohibited Flammable Plant List. A listing of specific highly flammable plants which are considered nuisances per AMC 9.04 and are prohibited from being planted within a General Fuel Modification Area.
Property Line Adjustment. The relocation of a single common property line between two abutting properties not resulting in an increase in the number of lots, pursuant with chapter 18.5.3 Land Divisions and Property Line Adjustments. See Figure below.
Quarry Face. The split face of the incision where the disturbed surface meets the natural, undisturbed surface.
Queuing Lane. Traffic lane requiring one of two opposing vehicles to yield by pulling into a vacant portion of the adjacent parking lane to allow the other vehicle to pass. Queuing lanes are designed to reduce vehicle speeds and non-local traffic on neighborhood streets.
Rain Barrel. A barrel used to collect and store rain water runoff from rooftops via rain gutters for non-potable uses.
Reconstruct. To recreate or reassemble a structure or building with a new or replacement structure that recreates or reproduces its form, shape, and location as originally built.
Recreational Vehicle or Travel Trailer. A self-propelled or towable mobile unit used for temporary dwelling purposes by travelers.
Rehabilitation. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
Religious Institutions and Places of Worship. Uses primarily providing meeting areas for religious activities; may include schools and community services as accessory uses.
Residential or Residential Use. Long-term occupancy of a dwelling unit, which may be owner-occupied or rented. Occupancy of a dwelling unit for shorter periods (i.e., less than 30 days) of time is considered an overnight accommodation for transient individuals. See also, definitions of Accessory Travelers’ Accommodation, Hotel/Motel, and Travelers’ Accommodation.
Restaurant. An establishment where food and drink are prepared, served, and consumed. Consumption may occur within the primary structure or outside the confines of the building.
Restoration. The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
Retail Sales and Services. Retail sales and service uses sell, lease, or rent new or used products, goods, or services. They include services such as a beauty salon, barber, repair service, and similar uses.
Restoration. For the purposes of implementing chapter 18.3.11 Water Resource Protection Zone Overlay, efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations such as filling, grading, or draining.
Riparian Area. The area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer. An area located adjacent to the stream and including the riparian area that is preserved for the purpose of protecting the functions and values of the stream and the riparian area by serving to reduce the adverse effects of adjacent land uses.
Riparian Corridor. Riparian Corridor is a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A riparian corridor is a type of stream bank protection zone.
Schools. Public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level.
Self-Service Storage. Mini-storage or other storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.
Setback. The minimum distance required between a specified object, such as a building or structure, and another point. Typically, a setback refers to the minimum distance (yard dimension) from a building to a specified property line. A setback is measured horizontally at right angles to the lot line, from the nearest point of the building or structure to the lot line. When multi-story setbacks are specified, the setback for a story above the ground floor is measured horizontally from the plane of the nearest wall of the upper story to the lot line. See also, section 18.2.4.050 Yard Requirements and General Exceptions.
Shadow Plan. A schematic or conceptual design for future land development when a lot could be developed at a higher intensity. A shadow plan demonstrates that the proposed development will not impede the future use of the lot to be fully developed to the required building intensity standards (i.e., Floor Area Ratio), and that the proposed development has been planned to prevent piecemeal and uncoordinated development.
Shared Parking. Required parking facilities for two or more uses, structures, or lots that are satisfied jointly with the same facilities. See also, chapter 18.4.3 Parking, Access, and Circulation.
Significant Tree. A conifer tree having a trunk 18 caliper inches or larger in diameter at breast height (DBH), or a deciduous tree having a trunk 12 caliper inches in diameter at breast height.
Signs – Definitions Related to Chapter 18.4.7 Signs.
- Alter or AlterationAny change excluding content, and including but not limited to the size, shape, method of illumination, position, location, materials, construction, or supporting structure of a sign.
- AreaThe entire area within circles, triangles, or rectangles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed. In the case of a multi-faced sign, the area of each face must be included in determining sign area, excepting double-faced signs placed no more than 24 inches back-to-back.
- AwningA temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.
- Building Face of WallAll window and wall area of a building in one plane or elevation.
- Bulletin Board or Reader BoardA sign of a permanent nature, but which accommodates changeable copy.
- BusinessA commercial or industrial enterprise.
- Business FrontageA lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having a pedestrian entrance/exit open to the general public during all business hours.
- Business PremisesA parcel of property or that portion thereof occupied by one tenant.
- CanopyA non-movable roof-like structure attached to a building.
- Construction signA temporary sign erected on the premises where construction is taking place during the period of construction.
- Direct IlluminationA source of illumination on the surface of a sign or from within a sign.
- ElectionThe time designated by law for voter to cast ballots for candidates and measures.
- Flashing SignA sign incorporating intermittent electrical impulses to a source of illumination or revolving or moving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination. This definition is to include electronic time, date, and temperature signs.
- Ground SignA sign erected on a free-standing frame, mast, or pole and not attached to any building. Also known as a free-standing sign.
- Indirect IlluminationA source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign.
- Illegal SignA sign that is erected in violation of the chapter 18.4.7 Signs.
- Marquee or Awning SignA sign that is painted on, attached to, or supported by a marquee, awning, or canopy.
- MarqueeA non-movable roof-like structure that is self-draining.
- MuralA graphic design on a building representing a person, place, scene, or other artistic endeavor. This definition does not include architectural enhancement of a building facade.
- Nonconforming SignAn existing sign, lawful at the time of enactment of this ordinance, which does not conform to the requirements of this code.
- Projecting SignsSigns other than wall signs, which are attached to and project from a structure or building face, usually perpendicular to the building face.
- Portable SignA permitted sign not permanently attached to the ground or other permanent structure including sandwich boards, pedestal signs, ‘A’ Frame signs, flags, and wind signs (not including flags of national, state, or city governments).
- Real Estate SignA sign erected on the premises, where the property or a portion of the property, is actively listed for sale or lease during the period of sale or lease.
- Replacement SignA change in the materials of permitted sign in which the approved sign dimensions, supporting structure, and location remain unaltered.
- Roof SignAny sign erected upon, against, or directly above a roof or top of or above the parapet of a building.
- Shopping Center or Business ComplexAny business or group of businesses which are in a building or group of buildings, on one or more lots which are contiguous or which are separated by a public right-of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which are constructed and/or managed as a single entity, and share ownership and/or function.
- SignAny identification, description, illustration, symbol, or device which is placed or affixed directly or indirectly upon a building, structure, or land. Interior illuminated panels, fascia strips, bands, columns, or other interior illuminated decorative features located on or off a structure, visible from the public right-of-way, and with or without lettering or graphics must also be considered a sign and included in the overall sign area of the site. Public Art, as defined above, is not considered a sign.
- Sign, PublicA sign erected by a public officer or employee in the performance of a public duty which includes, but is not limited to, motorist informational signs and warning lights.
- Street FrontageThe lineal dimension in feet that the property upon which a structure is built abuts a public street or streets.
- Temporary SignA sign that is not permanently affixed. All devices such as banners, pennants, flags, (not including flags of national, state, or city governments), searchlights, curb signs, balloons, or other air or gas-filled balloons.
- Three-Dimensional SignA sign which has a depth or relief on its surface greater than six inches exclusive of the supporting sign structure and not to include projecting wall signs.
- Vehicle SignA sign mounted on a vehicle, bicycle, trailer, or boat, or fixed or attached to a device for the purpose of transporting from site-to-site.
- Wall GraphicsIncluding but not limited to any mosaic, mural, painting, graphic art technique, or combination or grouping of mosaics, murals, paintings, or graphic art techniques applied, implanted, or placed directly onto a wall or fence.
- Wall SignA sign attached to or erected against the wall or window of a building with the face in a parallel plane of the building wall.
- Wind Sign or DeviceAny sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressures by wind or breeze.
Slope. The deviation of a surface from the horizontal, usually expressed in percent. See Figure below. See also, definition of Slope, Solar Setback.
Solar Access and Setbacks – Definitions Related to Chapter 18.4.8 Solar Access.
- Exempt VegetationAll vegetation over 15 feet in height at the time a solar access permit is applied for.
- Highest Shade Producing Point, Solar AccessThe point of a structure that casts the longest shadow beyond the northern property boundary at noon on December 21st.
- Northern Lot LineAny lot line or lines less than 45 degrees southeast or southwest of a line drawn east-west and intersecting the northernmost point of the lot. If the northern lot line adjoins any unbuildable area (e.g., street, alley, public right-of-way, parking lot, or common area) other than a required yard area, the northern lot line is that portion of the northerly edge of the unbuildable area which is due north from the actual northern edge of the applicant's property. See Figure below.
- North-South Lot DimensionThe average distance in feet between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot. See Figure below.
- Slope, Solar SetbackA vertical change in elevation divided by the horizontal distance of the vertical change. Slope is measured along lines extending 150 feet north from the end points of a line drawn parallel to the northern lot line through the midpoint of the north-south lot dimension. North facing slopes will have negative (-) values and south facing slopes will have positive (+) values. See Figure below.
- Solar Energy SystemAny device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member of part of the roof of a building or structure and serving as a window or wall.
- Solar EnvelopeA three dimensional surface which covers a lot and shows, at any point, the maximum height of a permitted structure which protects the solar access of the parcel(s) to the north.
- Solar Heating HoursThe hours and dates during which solar access is protected by a solar access permit, not to exceed those hours and dates when the sun is lower than 24 degrees altitude and greater than 70 degrees east and west of true south.
- Solar Access Permit Height LimitationsThe height limitations on affected properties required by the provisions of a Solar Access Permit displayed as a series of five foot contour lines which begin at the bottom edge of the solar energy system protected by the permit, rise at an angle to the south not less than 24 degrees from the horizon, and extend at an angle not greater than 70 degrees to the east and west of true south and run parallel to the solar energy system.
- Solar SetbackThe minimum distance that a structure, or any part thereof, can be located from a property boundary.
- Sunchart, Solar AccessPhotographs or drawings, taken in accordance with the guidelines of the Staff Advisor, which plot the position of the sun during solar heating hours.
Southern Oregon University (SOU) Plan. The Campus Master Plan Update for Southern Oregon University dated April 12, 2010, with all conditions added by the Planning Commission and City Council as adopted and incorporated into the Comprehensive Plan by Ordinance No. 3014 on June 1, 2010.
Spandrels. An area, roughly triangular in shape, included between the extradoses of two adjoining arches and a line approximately connecting their crowns.
Staff Advisor. The Community Development Director of the City or the Community Development Director’s authorized representative.
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 top story is that portion of a building included between the upper surface of the top floor and the ceiling above. A basement is not considered a story. Unenclosed decks, porches, balconies, and similar features are not considered stories.
Story, Half. A half story is a space under a sloping roof that has the line of intersection of the roof and exterior wall face not more than three feet above the floor level below and in which space the floor area with head room of five feet or more occupies no more than 50 percent of the total floor area of the story directly beneath. If the wall face is more than three feet above the floor level below at the rear or side yard setback line, then it must be considered a full story for purposes of setback measurements. See Figure below.
Stream. A stream means a channel such as a creek that carries flowing surface water, including perennial, intermittent, and ephemeral streams with defined channels, and excluding man-made irrigation and drainage channels. Drainage channels do not include historically altered streams or channels that convey surface water flows. A stream is a type of water resource.
- Stream, EphemeralAn ephemeral stream generally flows only during and following a rain event. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Intermittent and ephemeral streams is a type of stream bank protection zone.
- Stream, IntermittentAn intermittent stream generally flows only during part of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and ephemeral streams is a type of stream bank protection zone.
- Stream, PerennialA perennial stream has flowing water year-round during a typical year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.
- Stream, LocalA type of stream bank protection zone.
Stream Bank Protection Zone. An area subject to the provisions of chapter 18.3.11 Water Resource Protection Zones that includes a stream and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structure and functions of the stream. A stream bank protection zone is a type of water resource protection zone. There are three types of stream bank protection zones defined, established and protected in this ordinance – riparian corridor, local streams, and intermittent and ephemeral streams.
Stream Bank Protection Zone Boundary. An imaginary line that is measured horizontally at a standard distance upland from the top of bank or the center line of the stream as required in section 18.3.11.040 Establishment of Water Resource Protection Zones.
Stream Corridor Functions. Includes providing shade for the stream, stream bank, and channel stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the stream, water filtration, aquatic and riparian fish, and wildlife habitat.
Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms road, highway, land, place, avenue, alley, or other similar designations. The entire width between the right-of-way lines of every way that provides for public use for the purpose of vehicular and pedestrian traffic. See also, street design standards in section 18.4.6.040.
- Street, AlleyA narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting another street.
- Street, ArterialA street used primarily for through traffic, also referred to as a Boulevard.
- Street, CollectorA street used to some extent for through traffic and to some extent for access to abutting properties. Types of collector streets are Avenues and Neighborhood Collectors.
- Street, Cul-de-sacA short dead-end street terminated by a vehicle turnaround.
- Street, HalfA portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
- Street, MinorA street intended primarily for access to abutting properties, also referred to as Neighborhood Street.
Street Connectivity. Expressed as the number of street and/or access way connections within a specific geographic area. Higher levels of connectivity provide for more direct transportation routes and better dispersion of traffic, resulting in less traffic on individual streets and potentially slower speeds through neighborhoods.
Street Stub. A temporary street ending where the street will be extended through adjacent property in the future, as those properties develop. Not a permanent street-end or dead-end street.
Stripping. Any activity that significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
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 and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground.
Structural Alteration. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. See also, definition of Alteration.
Subdivision or Subdivide Land. Division of land creating four or more lots within 12 months, except the Performance Standards Option under chapter 18.3.9 includes the division of land creating three lots. See also, chapter 18.5.3, Land Divisions and ORS 92.010.
Temporary Use. A short-term, seasonal, reoccurring, or intermittent use. Such use must be approved by Conditional Use Permit only, except as exempted in the temporary use section 18.2.2.030.H.
Top of Bank. The elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from bare soil to upland vegetation (e.g., oak, fir, pine), a change in vegetation from riparian vegetation (e.g., willows, big leaf maple, alders) to upland vegetation (e.g., oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e.g., from sand, sand and cobble, cobble and gravel to upland soils), absence of fine debris (e.g., needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks. In the absence of physical evidence or where the top of each bank is not clearly defined, the two year recurrence interval flood elevation may be used to approximate the top of bank. See Figure below.
Topping. The severe cutting back of a tree's limbs to stubs three inches or larger in diameter within the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Topping does not include the practice of pollarding when conducted in accordance with the standards established by the International Society of Arboriculture.
Tract or Area of Land. A unit or contiguous units of land under single ownership.
Transom Window. A glazed or clear opening above the door or window.
Transparency. A clear opening or window; clear enough to see through.
Travelers’ Accommodations. Transient lodging in a residential zone having a room, rooms, or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities on one or more occasions for a period of less than 30 consecutive days. See also, definition of Accessory Travelers’ Accommodation.
Tree. Any woody plant having a trunk six caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below 4 ½ feet, the trunk is measured at its most narrow point beneath the split, and is considered one tree if greater than six inches DBH. Plants commonly planted as shrubs, including but not limited to English laurel, Leyland cypress, Photinia, Arborvitae, poison oak, English holly, and English ivy are not considered a tree. Trees specifically planted and maintained as a hedge are also not be considered a tree.
Tree Account. An account established by resolution of the City Council for the receipt of funds to be utilized for future tree purposes, as outlined in the resolution.
Tree Protection Zone. The area reserved around a tree or group of trees in which no grading, access, stockpiling, or other construction activity can occur as determined by the Staff Advisor based on review of the tree and site conditions.
Tree Removal. To cut down a tree, remove 50 percent or more of the crown, trunk, or root system of a tree, or to damage a tree so as to cause the tree to decline and/or die. Tree removal includes topping. Tree removal includes but is not limited to damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. Tree removal does not include normal trimming or pruning of trees.
Tree Removal Permit. Written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with chapter 18.4.5 Tree Preservation and Protection.
Turnaround. A vehicle maneuvering area at the end of a dead-end street or driveway (e.g., hammerhead, cul-de-sac, or other configuration) that allows for vehicles to turn around.
Unbuildable Area. All areas outside of building envelopes and within open space.
Upland. Land not characterized by the presence of riparian area, water bodies, or wetlands.
Urban Growth Boundary (UGB). The City incorporates by reference the definition given the term in ORS 195.060, as amended.
Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Verand. An open-sided, raised sitting area with thin columns that support its roof; typically extends along the entire wall or warps around a corner.
Vision Clearance Area. Areas near intersections of roadways and motor vehicle access points where a clear field of vision is required for traffic safety and to maintain adequate sight distance. See also, section 18.2.4.040 Vision Clearance Area.
Walkway. A sidewalk or path improved to City standards or to other roadway authority standards, as applicable.
Water Budget. The amount of water a landscape needs taking into account the inputs and outputs of water to and from the root zone. Inputs, such as precipitation, are subtracted from outputs, such as evapotranspiration, to calculate the water needs of the landscape.
Water Conserving Landscaping – Definitions Related to Section 18.4.4.030.I.
- Automatic Sprinkler ControllerSprinkler controllers/timers determine watering start and stop times.
- BaselineThe amount of water required by the site during the peak watering month if watered at 100 percent of Reference Evapotranspiration (ETo).
- BermAny area where the soil is raised 30 percent or more on its sides and has no retaining wall included.
- Check ValvesA check valve a device that prevents the water that remains in the sprinkler piping from draining out of the sprinklers after the valve has shut off.
- Control ValvesThese are the valves that sprinklers on and off; they also may be used for drip irrigation systems. Other names sometime used for them are irrigation valve or sprinkler valve.
- Drip IrrigationDevices that apply water at or below the soil surface. Spray or misting emitters are not drip irrigation devices.
- EmittersDrip distribution device that dispenses water to the ground at a predictable rate.
- Head to Head CoverageThe area watered by each sprinkler overlaps the area watered by the adjacent sprinkler; providing uniform water coverage.
- Irrigation ZoneThe portion of an irrigation system served by a single control valve, typically operated by a unique station on the irrigation controller.
- Mature CompostA stable organic amendment product characterized by raw materials (yard trimmings, vegetative, food waste, feedstock manures, etc.) that has been sufficiently decomposed under controlled moisture and aeration conditions. Mature compost is a well-cured product in which viable seed and pathogens are eliminated through the application of high temperatures. Mature compost is characterized by low amounts of carbon dioxide, a low ratio of ammonia to nitrate, low total ammonia content, and little to no odor.
- MulchA permeable protective covering of organic material such as bark, pine needles, or compost spread over soil and around plants to reduce evaporation, maintain even soil temperature, prevent soil erosion, and prevent leaks.
- Precipitation Rates (PR)The rate that sprinkler heads apply water to the soil or turf.
- Pressure Reduction Valve (PRV)A valve that automatically reduces the water pressure from the water supply main to a lower, more appropriate pressure. Pressure regulating sprinklers are not considered a pressure reduction valve.
- Raised BedsAreas of soil with retaining walls one foot or greater in height.
- TerraceCreation of horizontal areas on sloped land through a series of steps, retained on the downhill side.
Water Resource. A riparian, local, intermittent or ephemeral stream corridor, or a wetland
Water Resources Map. The adopted City map which identifies the approximate locations of water resources in Ashland including officially recognized streams and wetlands identified on the City’s Local Wetland Inventory.
Water Resource Protection Zone. An area subject to the provisions of chapter 18.3.11 Water Resource Protection Zones which includes a water resource and an associated buffer of varying width, located adjacent to the water resource and in which certain human activities are regulated in order to protect the structure, functions, and values of the resource. Water resource protection zone is a category including stream bank protection zones and wetland protection zones.
Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of water resource.
- Wetlands, Locally SignificantThose wetlands identified on the Water Resources Map and determined significant wetlands using the criteria adopted the Oregon Department of State Lands (DSL). Locally significant wetlands is a type of wetland protection zone.
- Wetlands, PossibleAn area that appears to meet wetland criteria but is too small (less than a half acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the possible wetland designation. However, there may be additional existing areas that meet the DSL wetland criteria, but are not included on the Water Resources Map. Possible wetlands is a type of wetland protection zone.
Wetland Boundary. A line marked on a map or flagged in the field that identifies the approximate wetland/non-wetland boundary.
Wetland Buffer. An area extending away from the outer delineated wetland boundary or upland edge that is preserved for the purpose of protecting the functions and values of the wetland by serving to reduce the adverse effects of adjacent land uses.
Wetland Delineation. A determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods.
Wetland Functions. Include wildlife habitat, fish habitat, water quality, and hydrological control.
Wetland Protection Zone. An area subject to the provisions of chapter 18.3.11 Water Resource Protection Zones that includes all wetlands determined to be locally significant and possible wetlands with confirmed jurisdictional wetland presence, and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in which certain human activities are regulated in order to protect the structure and functions of the wetland. A wetland protection zone is a type of water resource protection zone. There are two types of wetland protection zones defined, established and protected in this chapter – locally significant wetlands and possible wetlands.
Wetland Protection Zone Boundary. An imaginary line that is measured horizontally at a standard distance upland from the upland from the delineated wetland boundary as required in section 18.3.11.040 Establishment of Water Resource Protection Zones.
Wetland Specialist. An individual who has the appropriate credentials verifying proven expertise and vocational experience conducting wetland delineations.
Wildfire. Fire caused by combustion of native vegetation, commonly referred to as forest fire or brush fire, and not a prescribed burn.
Wireless Communication Facilities. The site, structures, equipment, and appurtenances used to transmit, receive, distribute, provide, or offer wireless telecommunications services. This includes, but is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics, and switching equipment.
Wireless Communications Systems. The sending and receiving of radio frequency transmissions and the connection or relaying of these signals to land lines and other sending and receiving stations, and including, but not limited to cellular radiotelephone, personal communications services (PCS), enhanced/specialized mobile radio, and commercial paging services, and any other technology which provides similar services.
Wireless Communications Support Structure. A structure used to support wireless communications antennas and connecting appurtenances. The purpose of such structures is to elevate an antenna above the surrounding terrain or structures and may be attached to an existing building or other permanent structures or as a free-standing structure which may include, but are not limited to monopole support structures and lattice support structures, and may have supporting guyed wires and ground anchors.
- MonopoleA support structure which consists of a single pole sunk into the ground or attached to a foundation.
- Lattice TowerA support structure which consists of a network of cross braces that forms a tower. These types of structures are primarily used for taller towers and require a larger base than that of a monopole.
- Alternative StructureMan-made structures that, by design, camouflage or conceal the presence of wireless communication facilities, such as clock towers, bell towers, church steeples, water towers, light poles, and similar alternative-design mounting structures.
Yard. An open space on a lot which is unobstructed by a structure, and measured from a lot line to the nearest point of a building. May also be an area defined by required setbacks (e.g., between a building or structure and nearest property line).
- Yard, FrontA yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building.
- Yard, SideAn open space between the front and rear yards measured horizontally and at right angles from the side lot line to the nearest point of the building.
- Yard, RearA yard between side lot lines and measured horizontally at right angles to the rear yard line from the rear yard line to the nearest point of the building.
Zone. A specifically delineated area within which certain land use regulations and development standards apply.
Zoning Permit. An acknowledgement made to the Building Official by the Staff Advisor that the application for a building permit meets the requirements of the Land Use Ordinance. Where applicable, a zoning permit may also set forth any special conditions to be met by the applicant prior to issuance of a certificate of occupancy or any other planning and zoning related conditions to be enforced by the Building Official. (Ord. 3158 § 12, amended, 09/18/2018; Ord. 3155 § 16, amended, 07/17/2018)