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17.08.010 - Definitions.
The following words and phrases when used in this title shall have the meanings attributed to them in this section, excepting in those instances where the context clearly indicates a different meaning.
Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word lot includes the word plot and the word building includes the word structure.
"Access" means a way or means of approach to provide pedestrian, bicycle, or motor vehicular entrance or exit to a property.
"Accessory building" means any subordinate building, the use of which is incidental, appropriate and subordinate to that of the main building.
"Accessory use" means any use incidental, appropriate and subordinate to the main use of a lot or building.
"Accessway" means a walkway that provides pedestrian and bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved, or marked in a manner that provides convenient access for pedestrians.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "one hundred (100) year flood." Designation on maps always includes the letters A or V.
"Bicycle" means a vehicle designed to operate on the ground on wheels, propelled solely by human power, upon which any person or persons may ride, and with two tandem wheels at least fourteen (14) inches in diameter. An adult tricycle is considered a bicycle.
"Bicycle facilities" means a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
"Bikeway" means any road, path, or way that in some manner is specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes.
"Building site" means the ground area of a building or buildings together with all open spaces required by this title, and which site has its principal frontage upon a public or private street.
"Comprehensive land use plan or land use plan" means maps and written goals and policies related to land use, public facilities and services, transportation, housing and urbanization, and adopted by the city as plan for future development, and to promote the public health, safety and general welfare.
"Corner clearance" means the distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way.
"Cross access" means a service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building used or arranged for use as the home or abode of three or more families, living independently of each other and doing their own cooking in said building and shall include flats and apartments.
Dwelling, Single-Family. "Single-family dwelling" means a detached building used or arranged for use as the home of one family.
Dwelling, Two-Family. "Two-family dwelling" means a building used or arranged for use as the home or abode of but two families, living independently of each other, and in which not more than five boarders or lodgers shall be accommodated by each family.
"Dwelling unit" means one or more rooms in a building designed for occupancy by one family and not having more than one cooking facility.
"Family" means an individual, or any number of persons related or bearing a generic character of a family unit living together in a dwelling unit, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together as a single nonprofit housekeeping unit.
"Functional area (intersection)" means that area beyond the physical intersection of two roads that comprises decision and maneuver distance, plus any required vehicle storage length.
"Functional classification" means a system used to group public roadways into classes according to their purpose in moving vehicles and providing access.
Garage, Private. "Private garage" means a garage for not more than three automobiles, for storage only, and intended for private use, but in which space may be rented for storage of not more than two noncommercial automobiles, by other than the occupants of the buildings to which such garage is accessory.
Garage, Public. "Public garage" means a building other than a private garage used for the care, repair, parking or storage of automobiles.
"Grade (ground level)" means the average elevation of the finished ground elevation at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.
"Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the center height between the highest and lowest points on other types of roofs.
"Home occupation" means a lawful occupation carried on by a resident of a dwelling, where the occupation is secondary to the main use of the property as a residence.
"Joint access or shared access" means a driveway connecting two or more contiguous sites to the public street system.
"Livestock or farm animals" means domestic animals kept for profit or hobby, including the feeding, breeding or fattening of such animals, or dairying or poultry raising, excluding swine.
"Lot" means a parcel or tract of land.
"Low investment accessory structures" means a structure which is incidental, appropriate or subordinate to the main use of the property and which has a relatively low investment such as haysheds, loafing barns or animal shelters.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at Subsection 17.48.050(A)(2).
"Manufactured home" means a single-family dwelling structure, having at least one thousand (1,000) square feet of floor area, built at a factory and transported to a home site for permanent installation.
"Mobilehome" means a portable structure or trailer manufactured primarily for use as a single-family dwelling with less than one thousand (1,000) square feet of floor space.
"Manufactured or mobilehome park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale which are defined as nonfarm dwellings.
"Neighborhood activity center" means an attractor or destination for residents of surrounding residential areas. Includes, but is not limited to existing or planned schools, parks, shopping areas, transit stops and employment areas.
"Nonconforming access features" means features of the property access that existed prior to the date of ordinance adopting and do not conform with the requirements of this chapter.
"Nonconforming building or use" means a lawful building or use existing at the time of adoption of the ordinance codified in this title or any amendment thereto, and which does not conform with the regulations of the zone in which it is located.
"Owner" means the party or parties having the fee interest in land, except that where land is subject to a real estate sales contract, "owner" means the contract vendee, and except where land is being transferred through some other land sales instrument "owner" shall be the purchaser that holds security interest.
Parking Area, Automobile. "Automobile parking area" means a rectangle not less than twenty (20) feet long and 9.5 feet wide together with maneuvering and access space within a public parking area, or a building, exclusive of driveways, ramps, columns, office and work areas, for the temporary parking or storage of one automobile of standard size.
Parking Area, Public. "Public parking area" means privately or publicly owned property, other than streets or alleys, used for the parking of four or more automobiles and open for public use, whether free, for accommodation of clients or customers, or for hourly, daily or monthly rental fees.
"Pedestrian facilities" means a general term denoting improvements and provisions made to accommodate or encourage walking, including sidewalks, accessways, crosswalks, ramps, paths and trails.
"Public uses" means uses which are pursued by or affect all of the people or community.
"Reasonably direct" means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.
"Reviewable access point" means accesses identified in yellow on the TSP access management maps (Figures 7-2 and 7-3 in the TSP) requiring evaluation by the city and ODOT in order to preserve safety.
"Safe and convenient" means and includes bicycle and pedestrian routes that are reasonably free from hazards, and provide a reasonably direct route of travel between destinations.
"Semipublic uses" means uses which are pursued by or affect a specific group or organization which are open to the public.
"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
"Street line" means the right-of-way line separating a private or public area from the lot areas.
"Stub-out or stub-street" means a portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.
"Travel trailer" means a trailer house not more than ten (10) feet in body width or more than sixty (60) feet in body length, designed primarily for temporary occupancy and for travel, recreational and vacation uses.
"Travel trailer or mobilehome park (or campground)" means a parcel of land used for the accommodation of two or more travel trailers or similar recreation vehicles occupied as living or sleeping quarters, or two or more camping spaces.
TSP Area, Urban. "Urban TSP area" means the platted and developed portions within Elgin's urban growth boundary where existing driveways onto the state highway system are conforming features.
TSP Area, Urbanizable. "Urbanizable TSP area" means the sparsely developed portion of land between the urban TSP area and the urban growth boundary where new public streets accessing the state highway system are based on the access management standards identified in the transportation system plan and new driveways accessing the state highway system are at least five hundred (500) feet apart, provided connections can be made in a safe manner.
"Use" means the purpose for which a structure is designed, arranged or intended or for which land is maintained or occupied.
"Walkway" means a hard-surfaced area intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
Yard, Front. "Front yard" means an open, unoccupied space on the same lot with a building, measured between the nearest front line of the building and the street line of the lot. In the instance of a corner lot, the front yard shall be on the narrowest street frontage, and the street side yard on the widest street frontage.
Yard, Rear. "Rear yard" means an open, unoccupied space on the same lot with a building, measured between the nearest rear line of the building and the rear line of the lot, unobstructed upward.
Yard, Side. "Side yard" means an unoccupied space on the same lot with a building, between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point on a building.
(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 122 § 2, 1997; Ord. 6-1987 § 1 (part); Ord. 5-1983 § 2.00)
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