Chapter 7.25

DEFINITIONS 

7.25.010 Meaning of Words Generally.  All of the terms used in this Ordinance have their commonly accepted, dictionary meaning unless they are specifically defined in this Chapter or definition appears in the Oregon Revised Statute, or the context in which they are used clearly indicates to the contrary. 

7.25.020 Meaning of Common Words.   

A.  All words used in the present tense include the future tense.

B.  All words used in the plural include the singular, and all words used in the singular include the plural unless the context clearly indicates to the contrary. 

C.  All words used in the masculine gender include the feminine gender.

D.  The word "shall" is mandatory and the word "may" is permissive. 

E.  The word "building" includes the word "structure." 

F.  The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." 

G.  The words "land" and "property" are used interchangeably unless the context clearly indicates to the contrary. 

H. The term “this Ordinance” shall be deemed to include the text, the accompanying zoning map and all amendments made hereafter to either. 

7.25.030 Meaning of Specific Words and Terms.  (Also see Chapters 7.75, 7.94, 7.102 and 7.108).  As used in this Ordinance:

"Abut/abutting" and "adjacent” “adjoining” or “contiguous" means two or more properties sharing a common property line or point and not separated by public right of way.

"Accept" means to receive as complete and in compliance with all submittal requirements.

"Access," means the place, means or way by which pedestrians, bicycles and vehicles shall have safe, adequate and usable ingress and egress to a property or use.

“Access, private” means an access not in public ownership or control by means of deed, dedication or easement.

"Accessory building" means a detached subordinate building, other than accessory dwelling units, the use of which is clearly incidental to that of the existing principal building and is located on the same lot with the principal building.   Each building must have its own 3‑foot yard; thus, 6 feet must be maintained between all buildings.  Accessory buildings shall be similar in appearance to the principal building and shall not be of pole barn type appearance or made of corrugated material.

"Accessory use" means a use customarily incidental, appropriate and subordinate to the existing principal use and located on the same lot.

“Acre” means a measure of land containing 43,560 square feet.

"Addition" means a modification to an existing building or structure that increases the site coverage or building volume.

“Adjacent” See “Abut”.

“Adjoin" See “Abut”.

“Adverse Possession” means the right of an occupant to acquire title to a property by having continuously and openly used and maintained a property over a statutory period of time.

"Adult bookstore" means an establishment where ten (10) or more of the merchandise, items, books, magazines, other publications, films or videotapes for sale or rent is distinguished or characterized by their emphasis on matters depicting sexual activities or anatomical areas.  Individual viewing of films or videotapes are not permitted on the premises of any bookstore.

"Adult Movie Theater" means any establishment used for the presentation of motion pictures or videotapes having as a dominant theme material distinguished or characterized by an emphasis on matter depicting sexual activities or anatomical areas.

"Alley" See Street Classifications. [Amended by Ordinance No. 03-589-O 9/18/03]

"Alteration" means a change in use, occupancy or a change, addition or modification in a structure (See Alteration, Structural).   When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one classification to another or from one division to another per the Uniform Building Code.

“Alteration, Structural” means any change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams, or girders. In addition, any changes in the external dimensions of the building shall be considered a structural alteration.

“Alteration of Historic Site” means any exterior change or modification, through public or private action, of any cultural resource or of any property identified as a Historic site including, but not limited to; demolition, relocation or exterior changes to or modification of structure, architectural details or visual characteristics such as building materials, paint, color and surface texture, grading, surface paving, new building materials, cutting or removal of trees and other natural features; disturbance of archeological sites or areas; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.

"Amendment" means a change in the wording, context or substance of this Ordinance or the Comprehensive Plan, or a change in the boundaries of a zone on the zoning map or the boundaries of a designation on the Comprehensive Plan map.

"Animal hospital" means any building or portion thereof designed for the care, observation or treatment of animals.

"Appeal" means a request that a final decision by the initial approval authority be considered by a higher authority.

“Applicant” means the owner of the affected property, or such owner's representative authorized in writing.  

"Approval authority" means either the planning director, the planning commission, or the council, depending on the context in which the term is used.

"Auto wrecker" means any person who wrecks, dismantles, permanently disassembles or substantially alters the form of any motor vehicle.

"Auto wrecking yard" means any land, building or structure, used for the wrecking or storing of such motor vehicles or the parts thereof, or sale of used automobile parts, or for the storage, dismantling or abandonment of junk, obsolete automobiles, trailers, trucks, machinery or parts thereof and are not being restored to operation.  Two or more motor vehicles that are not currently licensed and insured on one lot, or the parts thereof, shall constitute a wrecking yard.   Auto wrecking yards are not permitted uses within the City limits.   Also see “Junkyard.”

“Automobile Service Station” means any building or land area primarily used for the retail sale of vehicular fuels or lubricants.  May include, as an accessory use, the sale and installation of tires, batteries and similar accessories and service, other than body and fender repair, when all service is conducted in an enclosed structure.  (Note:  The phrase "as an accessory use" would not allow a business that, for example, consists solely of tire sales and service to locate in a zone that listed only Automobile Service Station as a permitted or conditional use -- see Accessory Use definition).

“Automobile and Truck Sales Area” means an open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, trailers, or RVs and where no repair work is done except minor incidental repair of motor vehicles, trailers, or RVs to be displayed, sold, or rented on the premises.

“Awning” means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

“Basement” means a portion of a building which has less than one‑half (1/2) of its height measured from finished floor to finished ceiling above the building grade of the adjoining ground and not deemed a story unless the ceiling is six (6) feet or more above the grade. (See requirements given in the Oregon State Building Code.)

“Bed and Breakfast Inn” means a use subordinate to the principal use of a single family dwelling and involving not more than four (4) bedrooms, which provides temporary overnight lodging and a morning meal in return for compensation.  The owner or manager must reside onsite.  The building design must be compatible with the residential neighborhood and be inspected by both the fire and health departments.

“Berm” means a man-made mound of earth, two (2) to six (6) feet high with a 2:1 slope used to deflect sound or to buffer incompatible areas.

“Bike Lane, Path, Way” means any trail, path or part of a highway, shoulder, sidewalk or any other travel way specifically designated in the Columbia City Transportation Plan and/or marked for bicycle travel.

“Boathouse” means a building designed to float in water that provides shelter for a boat. A boathouse may also contain space for human occupancy for use on an occasional basis. Occupancy on an occasional basis shall mean overnight stays not to exceed 10 days in any 30‑day period.

“Bond” means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City.

“Bookstore” means an establishment where 10% or more of the merchandise is books, magazines, other publications, and films or videotapes for sale or rent.  Individual viewing of films or videotapes is not permitted on the premises of any bookstore.

“Buffer” means an area providing separation between uses or as a shield to block noise, lights and other nuisances and landscaped in accordance with Chapter 7.96.

"Building" means any structure greater than one hundred twenty square feet or ten feet in height, having a roof supported by columns or walls and intended for the shelter, housing, protection or enclosure of any individual, animal, process, equipment, foods or materials of any kind or nature. [Amended by Ordinance No. 04-600-O 12/5/04]

"Building Envelope" means that portion of a lot or development site exclusive of the areas required for front, side and rear setbacks and other required open spaces and which is available for siting and constructing a building or buildings.  

 “Building Grade” (Ground Level) means the average of the original ground level at the center of all walls of the building.  For purposes of measuring building height, use elevations established at the time of the aerial photo for the sewer project dated June 1992.   If grades have been modified since June 1992, use the lower elevation for determining building height.   In case of a building site that slopes more than 10 feet in the area of the building site, the low point (building grade) is considered to be located 10 feet above the original ground level of the lowest point of the building.  If the proposed building site is in an area where aerial topographic mapping is not available and the original ground has been modified, the City Engineer will review the site to estimate the original grade.  The developer shall provide a topographic survey as needed.  [As amended by Ordinance No. 06-619-O 7/2/06]

“Building Height” means the vertical distance from the "building grade" to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof. (See requirements given in the Oregon State Building Code.)

“Building Lines” means a line that coincides with any side of the principal building excluding chase, chimney, cantilever, or eaves. Porches, but not steps and any other attached appurtenances, shall be included as part of the main building. See also "DECKS."

"Building Official" means a person duly authorized by Columbia City and the State of Oregon with responsibility for the administration and enforcement of the State Building Code in the municipality, or his duly authorized representative.  (Oregon Revised Statutes 456.806(1)).

  "Building type - nonresidential," means buildings not designed for use as human living quarters.

a.  Detached.  A single main building, freestanding and structurally separated from other buildings.

b.  Attached.  Two or more main buildings placed side by side so that some structural parts are touching one another, located on a lot or development site or portion thereof.

“Building type - Residential” - See “Dwelling Types”

“Building, Principal” means the structure within which is conducted the principal use of the lot.

"Caretaker dwelling" means a single-family detached dwelling for housing the caretaker of an approved development and located on the same lot as the approved development.   [Amended by Ordinance No. 03-589-O 9/18/03]  

"Carport" means a covered structure with vehicular access which is open on two or more sides and attached to a permanent foundation.  A carport shall not attach two single-family dwellings or create duplexes, or multifamily dwellings except when the carport contains common building structural parts designed to be an integral part of a continuous structure. [Amended by Ordinance No. 04-600-O 12/5/404]

"Cemetery” means land used, or intended to be used, for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

"Church" means a structure or set of structures, the principal purpose that is for persons to regularly assemble for worship, and which has legally been recognized by the State of Oregon.

"City" means Columbia City, Oregon.  

"City Administrator" means the person designated by the City Council to perform the duties of city administrator for Columbia City, Oregon.  

"Commercial Use" means establishments or places engaged in the distribution and sale or rental of goods and the provision of services.

"Commission" means the Planning Commission of Columbia City, Oregon.

"Complete" means every item is included without omissions or deficiencies.

"Complex" means a structure or group of structures developed on one lot of record.

“Community Building” means a publicly-owned and operated facility used for meetings, recreation or education.

"Comprehensive Plan" means the coordinated land use map and policy statement of the governing body of the City as acknowledged by the State of Oregon.

  "Conditional Use" means a use which may be approved, denied or approved with conditions by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval.

“Conditional Use Permit” means a permit issued by the City, following the procedures in Chapter 7.130, which states that the use meets all of the conditions placed on it by the Commission and this Ordinance.”

"Contiguous"  See "Abut/abutting."

  “Convenience Store” means a retail store containing less than 5,000 square feet of gross floor area, designed and stocked to sell primarily food, beverages, and other household supplies to customers purchasing only a relatively few items (in contrast to a "supermarket") for example, "7-11" and "Plaid Pantry" stores.

"Council" means the City Council of Columbia City, Oregon.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building and enclosed on two or more sides by such building.

“Days” means calendar days, unless business days are specified, which shall mean Monday through Friday, exclusive of official City holidays.

“Day Care Home” means care provided to not more than 12 unrelated children or 5 unrelated adults in a residential dwelling certified by the State of Oregon during a period not to exceed twelve (12) hours in any twenty-four (24) hour day.   Day care homes are Type 1 Home Occupations.

"Day Care Facility" means any facility where the primary purpose is provision of care for 13 or more children or 6 or more adults not related by blood or marriage, or not the legal wards or foster children of the attendance adult(s) during a period not to exceed twelve (12) hours in any twenty-four (24) hour day. See ORS 418.817.

"Declarant" means the person who files a declaration as required under ORS 92.075 to subdivide or partition property.

"Declaration" means the instrument described in ORS 92.075 by which the subdivision or partition plat was created.

“Deck” means a platform or surface that is either attached to or detached from the principal building or accessory buildings. A ground‑level deck, limited to a platform and not to exceed 30 inches from the ground, shall be allowed 10 feet into the 20‑foot front yard setback. Decks (and their steps) shall be allowed 4 feet into the normal side yard and back yard setback areas required for principal and accessory buildings as long as the total height (including railings, walls, and hot tubs, etc.) does not exceed 6 feet and does not include a roof or solid walls.

“Dedication” means the donation of property by its owner to the City for any public purpose.

"Demolish" means to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated structure or resource.

“De Novo” means a new hearing, usually without consideration of any previous hearing testimony.

"Density" means the number of dwelling units allowed on a parcel of land, frequently expressed as the number of units per acre.

“Density, Gross” means including all of the land within the boundaries of the lot in the computation of density.

“Density, Net” means excluding from the computation those lands necessary for streets and underground utilities, as well as easements, floodways and steep slopes.

“Designated Landmark” means any cultural resource that has special historical, cultural, aesthetic or architectural character, interest or value as part of the development, heritage or history of the City, the State of Oregon or the nation, and has been designated in the Comprehensive Plan and any parcel of land on which said cultural resource is located. 

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations that makes a material change in the use or appearance of a structure or land and including partitions and subdivisions as provided in Oregon Revised Statutes 92 and 227.215.

"Development Permit" refers to any document or permit that authorizes an applicant to commence construction or development activities.  

"Development Site" means the lot or combination of lots upon which development occurs.

"Drainageway" means undeveloped land inundated during a twenty-five-year storm with a peak flow of at least five cubic feet per second and conveyed, at least in part, by identifiable channels that either drain to the Columbia River or McBride Creek directly or after flowing through other drainageways, channels, creeks or floodplain.

“Drinking Establishment” means a structure or part of a structure where beverages containing alcohol may be purchased.  Drinking establishments are not permitted as primary uses within the City.   Any such activity shall be an accessory use to an approved eating establishment and shall require Planning Commission approval as a conditional use.   

“Dwelling Types”

a.  Accessory Dwelling Unit. A second dwelling unit created on a lot or parcel with an existing house or manufactured home. The second unit is created auxiliary to, and is always smaller than the house or manufactured home.

b.  Single Family, Detached:  One dwelling unit, structurally separated from any other dwelling on the same lot, including modular housing and manufactured/mobile homes, but not including travel trailers or trailer houses, designed for, and occupied exclusively by, one family and the household employees of that family.

c.  Two-family or Duplex:  A structure on a single lot containing two dwelling units connected by either a fire resistant common wall, unpierced from ground to roof, or an unpierced ceiling and floor.

d.  Multi-family:  A building or portion thereof designed or used for occupancy by four (4) or more families, living independently of each other and containing independent cooking facilities. For purposes of this Ordinance, a manufactured/mobile home is not considered a multi‑family dwelling.

e.  Three-family or Triplex:  A structure on a single lot containing three dwelling units connected by either a fire resistant common wall, unpierced from ground to roof, or an unpierced ceiling and floor.

f.  Townhouse:  A dwelling unit, located in a row of three or more, with each having its own front and rear access to the outside, and each being connected to the other by one or more fire resistant common walls, unpierced from ground to roof. 

“Dwelling Unit” means any building or portion thereof which contains living facilities - including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code designed for occupancy by only one family.

"Easement" means the granting, by a recorded interest, of one or more property rights by the owner to the public, another person or entity. 

“Eating Establishment” means a structure where the primary use is the preparation and serving of food for consumption on the premises.

“Employees” means all persons, including proprietors, working on the premises during the largest shift.

"Erect" means the act of placing or affixing a component of a structure upon the ground or upon another such component.

"Family" means an individual or two or more persons related by genetics, legal adoption or guardianship or marriage or a group of five or fewer persons (excluding domestic employees) who are not related by genetics, adoption or marriage. 

“Fence, Sight-Obscuring," means a fence or wall constructed in such a way as to obstruct vision.  

"Final Action," "Final Decision" or "Final Order" means a determination reduced to writing, signed and mailed to the applicant that includes a statement of the facts determined to be relevant by the approval authority as the basis for making its decision.

“Findings” means written statements of fact, conclusions and determinations in relation to applicable criteria based on the evidence presented at a public hearing, including the staff report, and accepted by the approval authority in support of their decision. 

"Flag lot," means a lot that has access to a right-of-way by means of a narrow strip of land.  The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district and shall be provided entirely within the building site area exclusive of any accessway.

“Flood, 100-Year or base” means a flood with a one- percent chance of occurrence in any given year.  It is mapped by the Army Corps of Engineers and is used by the Federal Emergency Management Agency and the City for the purposes of regulating development within flood boundaries.

“Flood Fringe” means the area bordering the floodway and within the floodplain that acts as a reservoir of flood waters

“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable.

“Floodplain” means the combined area of the floodway and the flood fringe as defined herein.  

“Floodway” means the minimum area necessary for the passage of floodwaters, which must be reserved to discharge the 100-year flood without increasing the water surface elevation more than one (1) foot.

“Floor Area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of courts.  The floor area of a building or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

“Frontage” means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right‑of‑way, waterway, and/or dead-end street, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

"Garage, Private."  "Private garage" means a building or portion of a building in which motor vehicles used by the tenant of the structure on the premises are stored or kept.

"Garage, Public."  "Public garage" means a structure that provides facilities for the repair of motor vehicles including body and fender repair, painting, rebuilding, reconditioning, upholstering, or other vehicle maintenance or repair.

“Grade” means the degree or rise of a sloping surface.

“Grade, Finish” means the final elevation of the ground surface after development.

"Grandfather Clause."   See Non-Conforming Use.

“Guest House” means an accessory building used for the purpose of providing temporary living accommodations and having no cooking facilities

"Gross Acres" means all of the land area included in the legal description of the property.

“Hedge, Sight Obscuring” means an evergreen barrier grown for the purpose of obstructing vision which shall be at least two (2) feet tall at the time of planting, and capable of obscuring at least 80% of the view between two (2) and six (6) feet from the ground within five years of planting.

“Home Occupation” means a lawful income-producing activity conducted in a dwelling while maintaining the residential character and having no infringement on the rights of neighboring residents (see Chapter 7.104).  Home occupation does not include activity conducted by a resident of the dwelling acting as an employee of a business located on a site other than the residence.

"Homeowners Association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a planned development or other described land area is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property.

“Houseboat” means a building designed to float in water that has one or more rooms designed for human occupancy by one or more families for living purposes and that has independent cooking facilities. Such a building may also be connected, but not required to be connected, to other utilities such as electricity, water, or sewer service.

"Implementing Ordinance" means an ordinance adopted to carry out the comprehensive plan, including, but not limited, to the provisions of this Ordinance.

“Improvement” means any building, structure, place parking facility, fence, gate, wall, work of art or other object constituting a physical improvement of real property or any part of such improvement of real property or any part of such improvement.

"Industrial Use" means any use involving the manufacturing, processing or assembly of semifinished or finished products from raw materials, or similar treatment or packaging of previously prepared materials.

“Industrial Park” means a large tract of land that has been planned as an integrated facility for a number of individual industrial uses, with special attention given to traffic circulation, parking, utility needs, landscaping and compatibility of uses.

"Junk" means old discarded or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled, wrecked, scrapped or ruined motor vehicles or motor vehicle parts, iron, steel or other old or scrap ferrous or nonferrous materials, metal or nonmetal materials.

“Junkyard” means any land area, building or part thereof used for the storage, collection, processing, sale, purchase or abandonment of two (2) or more unregistered and inoperable motor vehicles, wastepaper, scrap metal, discarded goods, machinery or other materials defined as “junk”.   Junkyards shall not be permitted within the City.

“Kennel” means any premise where 4 (four) or more dogs, cats or other small animals are kept for the business of boarding, training, propagation or sale.

"Land Form Alteration" means any manmade change to improved or unimproved real estate, including but not limited to, the addition of buildings or other structures, mining, quarrying, dredging, filling, grading, earthwork construction, stockpiling of rock, sand, dirt or gravel or other earth material, paving, excavation or drilling operations.

“Landscaping” means ground cover, trees, grass, bushes, flowers, garden areas and any arrangement of fountains, patios, decks, street furniture and ornamental concrete or stonework areas.

“Legislative Amendment” means a change to the text of this Ordinance, to the Comprehensive Plan text, to the Comprehensive Plan Map or to the Zoning Map that is general in nature or large in size of area, and, therefore, affects a significant number of properties and owners.  If there are questions as to whether a specific request for a land use review is quasi-judicial or legislative, the decision will be made by the Planning Director. The decision will be based on current law and legal precedent.

"Loading Space" means an off-street space or berth on the same lot or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle for loading or unloading persons, merchandise or materials, and which space or berth abuts upon a street, alley or other appropriate means of access and egress.

“Lot," means a unit or area of land owned by or under the lawful control and in the lawful possession of one distinct ownership but not limited to the fractional subdivisions of a block, according to a plot or survey.  

“Lot Area” means the total horizontal area contained within the lot lines of a lot, exclusive of public right-of-ways.

“Lot, Corner” means a lot with two (2) adjacent sides abutting streets other than alleys.

"Lot Coverage" means the percent of a lot area covered by the horizontal projection of any structures or buildings.

“Lot Depth” means the average distance between the front lot line and the rear lot line.

“Lot, Interior," means a lot other than a corner lot, with frontage only on one street.

“Lot Line” means any property line bounding a lot.

“Lot Line Adjustment” - See “Property Line Adjustment”.

“Lot Line, Front.”  “Front lot line” means in the case of an interior lot, a property line that abuts the street; in the case of a corner, through lot or flag lot, the shortest of the two property lines that abut the street or access way.

“Lot Line, Rear.”  “Rear lot line" means a lot line opposite to and most distant from the front lot line; or, in the case of an irregular or triangular-shaped lot, a line ten (10) feet long drawn entirely within the lot, parallel to and at a maximum distance from the front lot line.

“Lot Line, Side.”  "Side lot line" means any lot boundary not a front or rear property line.

“Lot of Record," means a legally created lot meeting all applicable regulations in effect at the time of creation.

“Lot, Through or Double-Frontage Lot” means an interior lot having frontage on two (2) parallel streets.

“Lot Width” means the average horizontal distance between the side lot lines.

"Major Impact Utility" means services and utilities that have a substantial visual impact on an area.  Typical uses are electrical and gas distribution substations, radio microwave, telecommunications towers, telephone transmitters and cable TV receivers and transmitters.

“Minor Impact Utility” means services and utilities which have minimal visual impact and are necessary to support uses allowed outright in the underlying zone such as power lines and poles, phone booths, fire hydrants, benches, unsheltered transit stops, sheltered transit stops containing 36 square feet or less, and mailboxes.

"Manufactured Home" means a single‑family dwelling or structure, transportable in one or more sections, each built on a permanent chassis, containing a minimum of 900 square feet of living space, and which is designed to be used for permanent occupancy as a dwelling and is not designated as a recreational vehicle or prefabricated modular home as defined by the State of Oregon. The term "mobile home" includes manufactured homes, which are structures with a Department of Housing and Urban Development (HUD) label certifying the structure is constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

"Manufactured Home Park" means any place where four or more manufactured homes are located on a lot tract, or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

"Modular Home" means a permanent structure consisting of one or more modules assembled in a factory in accordance with a building code and qualified to be financed and taxed as real property when placed upon a permanent foundation. (Sectionalized housing is a form of single‑family modular housing.)

"Mining and/or Quarrying" means premises from which any rock, sand, gravel, topsoil, clay, mud, peat or mineral is removed or excavated for sale, as an industrial or commercial operation, and exclusive of excavating and grading for street and roads and the process of grading a lot preparatory to the construction of a building for which a permit has been issued by a public agency.

"Minor Impact Utility" means services that have minimal off-site visual impact.

“Motel” means a building or series of buildings in which lodging only is offered for compensation, and which may have more than two sleeping rooms or units for this purpose, and which is distinguished from a hotel primarily by provision of a direct independent access to adjoining parking for each rental unit.

"Net Acres" means the total amount of land that can be used for development.

“Nonconforming Lot” means a lot which was lawful in terms of size, area, dimensions or location, prior to the adoption, revision or amendment of the zoning ordinance, but which now fails to conform to the requirements of the zoning district.

“Nonconforming Sign” means any sign lawfully existing on the effective date of an ordinance, or amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations.

“Nonconforming Structure” means a structure the size, dimensions or location of which were lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails to meet the present requirements of the zoning district.

“Nonconforming Use” means an activity lawfully existing prior to the effective date of this Ordinance, or any amendment thereto, but which fails to meet the current standards and requirements of the zone.  (Note: In the case of nonconformance, the key phrase is "...lawfully existing prior to the effective date of this Ordinance or any amendment ..." which make the use or the lot, sign or structure nonconforming.  These are frequently referred to as being “grandfathered in,” meaning that they are allowed to remain under the conditions set by the ordinance.   See Chapter 7.135).

“Occupancy Permit” means a required permit allowing occupancy of a building after it has been determined that all requirements are met.

“On-the-Record” means an appeal procedure in which the decision is based on the record established at the initial hearing.  New information may be added only under certain limited circumstances.

“Open Space” means an area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use, or for the use of owners and occupants of land adjoining or neighboring such open space.

"Owner" means any person, agent, firm or corporation having a legal or equitable interest in the property.

"Owner, Contract Purchaser Deemed".  A person or persons purchasing property under contract, for the purposes of this Ordinance shall be deemed to be the owner or owners of the property covered by the contract.  The Planning Commission or the council may require satisfactory evidence of such contract of purchase.

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

"Park" means any land set apart and devoted to the purposes of pleasure, recreation, ornament, light and air for the general public.

"Parking Space" means an area within a private or public parking area, building or structure meeting the specific dimensional requirements and designated as parking for one vehicle.

"Partitioning Land" means division of an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.  Partitioning does not include divisions of land resulting from lien foreclosures nor the adjustment of a property line by the relocation of a common boundary when no new parcel is thereby created.

“Permit" An official document or certificate, issued by the City or its designate Official, authorizing performance of a specified activity.

"Permitted Use" means a use that is allowed outright, but is subject to all applicable provisions of this Ordinance.

"Person" means an individual, corporation, governmental agency, official advisory committee of the city, business trust, estate, trust, partnership, association, two or more people having a joint or common interest or any other legal entity.

"Planning Director" means the person designated by the City Council as responsible for planning activities for the city.

“Plat," means  (1) A map representing a tract of land, showing the boundaries and location of individual properties and streets; (2) A map of a subdivision or site plan.

“Plat, Final," means the final map of all, or a portion of, a site or subdivision plan that is presented to the City for final approval.  (Note: Final approval is granted only upon the completion or installation of all the required improvements, or the posting of performance bonds or guarantees assuring the completion or installation of such improvements.)  

“ Portable Storage Structure” means a commercially manufactured structure for the purpose of storage that is no greater than 200 square feet in area, no greater than 12' in height, supported by poles, covered by a vinyl or canvas roof and not attached to a permanent foundation. The sides of the structure may be open or may be covered in the same material as the roof. [Amended by Ordinance No. 04-600-O 12/5/04]

“Potential Future Flooding” means condition that exists when a property elevation is at or below the established 100-year flood plain.

“Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.

"Principal Building" means the primary structure on a lot built for the support, shelter, protection or enclosure of any persons, animals or property of any kind, excluding an accessory building.  The principal building shall conform to the stated uses within the zoning district and all other restrictions of this Ordinance.

“Professional Office” means the office of a member of a recognized profession maintained for the conduct of that profession.

"Property Line" means the division line between two units of land.

"Property Line Adjustment" means the relocation of a common property line between two abutting properties, which does not result in the creation of an additional lot, or the creation of a substandard lot.

“Quasi-Judicial Amendment” means a change to the text of this Ordinance, the Comprehensive Plan text, the City Plan Map or the City Zoning Map that is specific in nature or involves only a small number of properties or owners.  If there are questions as to whether a specific request for a land use review is quasi-judicial or legislative, the decision will be made by the City Attorney. The decision will be based on current law and legal precedent.

"Receipt" means an acknowledgment of submittal.

“Recreational Facility” means a facility, structure, or place designed for use as a location for persons of all ages to engage in physical diversion or sport.

"Recreational Vehicle" means a vacation trailer or other unit with or without motor power that is designed for human occupancy and to be used temporarily for recreational purposes and is identified as a recreational vehicle by the manufacturer.

"Recreational Vehicle Park" means any property developed for the purpose of parking or storing recreational vehicles on a temporary or transient bases, wherein two or more of such units are placed within five hundred feet of each other on any lot, tract or parcel of land under one ownership.

"Remodel" means an internal or external modification to an existing building or structure that does not increase the site coverage.

"Residence" means a structure designed for occupancy as living quarters for one or more persons.

"Residential Care Home" means any home licensed by or under the authority of the Department of Human Resources as defined in ORS 443.400, a residential home registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.505 to 443.825 which provides residential care for five or fewer individuals who need not be related, excluding required staff persons.

"Residential Care Facility" means any facility licensed or registered by or under the authority of the Department of Human Resources as defined in ORS 443.400 to 443.460 or licensed by the Children's Services Division which provides residential care for six to fifteen individuals who need not be related, excluding required staff persons.

"Residential Use" means a structure used for human habitation by one or more persons.

"Reserve Strip" means a strip of property usually one foot in width overlaying a dedicated street which is reserved to the city for control of access until such time as additional right-of-way is accepted by the city for continuation or widening of the street.

"Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or other special use.  The usage of the term "right-of-way for land division purposes" means that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

“Roadway” means the portion of the street right-of-way developed for vehicular traffic.

"Screening" means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

“School” means a structure where the primary use is the provision of instruction and teaching.

 “Setback” means the minimum allowable distance between the property line and any structural projection.  If there is an access easement on the lot or parcel, setback shall mean the minimum allowable distance between the access easement and any structural projection.   See 7.10.110.B and development standards for specific zones for exceptions to setback requirements.  [As amended by Ordinance No. 06-619-O 7/2/06]

"SHPO:" The State Historic Preservation Officer.

“Sign” means any lettered or pictorial device designed to inform or attract attention, and which shall comply with Chapter 7.102 of this Ordinance.  

“Steep Slope" shall mean any slope defined as a slope hazard area in Section 7.106.030.  [As amended by Ordinance No. 06-619-O 7/2/06]

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.  If the finished floor level directly above a basement or unused underfloor space is more than six feet above grade as defined in this section for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined in this section at any point, such basement or unused underfloor space shall be considered as a story.

"Story, First."  "First story" means the lowest story in a building which qualifies as a story, as defined in this Section, except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined in this Section, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined in this section, at any point.

"Story, Half."  "Half story" means a story under a gable or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.  If the finished floor level directly above a basement or unused underfloor space is not more than six feet above grade, as defined in this Section, for more than fifty percent of the total perimeter or is not more than twelve feet above grade as defined in this Section, at any point, such basement or unused underfloor space shall be considered as a half story.

"Street" or "Road" means a public or private way affording the principal means of access to abutting property, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

“Street, Private”. "Private Street" means an access way that is under private ownership.

“Street Classifications”

            Alley:  A narrow public street through or partially through a block existing on the Columbia County Tax Maps before September 1, 2003, or a new narrow public street through a block used to provide vehicular ingress and egress to the back or side of properties otherwise abutting the street.  An alley typically has a width of no more than twenty (20) feet.

            Arterial:  A major public street carrying large amounts of traffic and so designated in the Columbia City Transportation System Plan.

            Collector:  A public street carrying traffic between local and arterial streets and so designated in the Columbia City Transportation System Plan.

            Cul-de-sac:  A public street that terminates in a vehicular turnaround.

            Half Street:  The dedication of right-of-way equal to one-half the planned width of a public street and running the length of the property frontage.  The same term shall be applied to street improvements made to the centerline of the street, except paving width shall be no less than 20 feet where adequate right-of-way exists.            

            Local:   A public street intended primarily for access to abutting properties.

["Street Classifications" amended by Ordinance No. 03-589-O 9/18/03]

“Structural Alteration" See Alteration, structural.

"Structure" means that which is built or constructed, erected, or air-inflated, permanent or temporary; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.  Among other things, structure includes buildings, walls, signs, billboards and poster panels.

“Structural Alteration" See “Alteration, Structural”.

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

"Subdivision" means either an act of subdividing land or an area or a tract of land subdivided as defined in this Section.

"Substantial" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the replacement value of the structure.

“Unstable Soil” means soil types which pose severe limitations upon development due to potential flooding, structural instability, or inadequate sewage waste disposal, as defined by the U.S. Soil Conservation Service.

“Urban Growth Boundary” means an adopted line used as a planning guideline to designate the future urban area of the City and indicating areas into which City services will be extended upon annexation to the City.

“Use” means the primary purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

“Variance” means a grant of relief from the standards of this Ordinance when it can be shown that, due to unusual conditions related to a piece of property, strict application of the Ordinance would result in an unnecessary hardship.  (See Chapter 7.140).  

“Visual Clearance Area” means a triangular area on a lot at the intersection of two streets or a street and an alley or railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance of thirty feet.  The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides.  Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.  The visual clearance area shall not contain visual obstructions. [Amended by Ordinance No. 04-600-O 12/5/04]

"Visual Obstruction" means any fence, hedge, tree, shrub, device, wall or structure between the elevations of three feet (36 inches) and eight feet above the adjacent curb height or above the elevation of gutter line of street edge where there is no curb, as determined by the Planning Director, and so located in the visual clearance area as to limit the visibility of pedestrians or persons in motor vehicles. [Amended by Ordinance No. 04-600-O 12/5/04]

"Wetlands" means uncultivated land often called swamp, marsh or bog, which exhibits all of the following characteristics:

            a.  The land supports hydrophytic vegetation.  This occurs when more than fifty percent of the dominant species from all strata are classified as wetland species;

            b.  The land has hydric soils.  Hydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile;

            c.  The land has wetland hydrology.  Wetland hydrology is permanent or periodic inundation, or soil saturation for at least one week during the growing season.

"Yard" means an open space unobstructed from the ground upward except as otherwise provided in this Ordinance.

"Yard, Corner Side."  "Corner side yard," means a yard extending from the front yard to the rear l