Chapter 1
CHAPTER 1 - GENERAL PROVISIONS



Administrative Provisions



1.0.10 Title.



This ordinance shall be known and may be cited as the “City of Glendale Zoning and Land Development Ordinance.”



1.0.20 Purpose.



This ordinance is enacted to:

1. Promote orderly City growth;

2. Implement the goals and policies of the City of Glendale Comprehensive Plan;

3. Provide methods of administering and enforcing the provisions of this ordinance;

4. Promote the public health, safety, convenience, and general welfare of the community.



1.0.30 Repeal.



City of Glendale Zoning Ordinance #01-2003; City of Glendale Subdivision Ordinance #276 as amended by Subdivision Ordinance #295; City of Glendale Zoning Ordinance #275 as amended by the following ordinances: #291 (riparian vegetation setbacks), #293 (amending various zoning regulations), #294 (residential facilities), #315 (manufactured homes on individual lots and single-family home design standards), #328 (accessory use apartment) and #331 (flood ordinance). All other ordinances or parts of ordinances in conflict herewith are hereby repealed. However this repeal shall not apply to any special conditions pursuant to quasi-judicial or legislative decisions enacted under the jurisdiction of these ordinances.



1.0.40 Minor Text Corrections Disclaimer



The City Manager/Recorder is authorized to correct the Zoning and Land Development Ordinance without prior notice or hearing so long as the correction does not alter the sense, meaning, effect, or substance of any adopted ordinance and, within such limitations, the City Manager/Recorder may:



1. Renumber chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies of the Zoning and Land Development Ordinance;

2. Rearrange chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies;

3. Change reference numbers to agree with renumbered chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies;

4. Delete references to repealed chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives and policies;

5. Substitute the proper chapter, article, section, subsection, finding, goal, objective, or policy number;

6. Change capitalization and spelling for the purpose of uniformity;

7. Correct manifest clerical, grammatical or typographical errors; and

8. Change the name of an agency by reason of a name change prescribed by law.



The City Manager/Recorder shall maintain a record, available for public access, of all corrections made under this Section.



Corrections to the Zoning and Land Development Ordinance made by the City Manager/Recorder pursuant to this Section are prima facie evidence of the law, but they are not conclusive evidence. If any correction to the Zoning and Land Development Ordinance made pursuant to this Section differs in sense, meaning, effect, or substance from any adopted ordinance, the adopted ordinance shall prevail.



1.0.50 Severability.



1. The provisions of this title are severable. If any section, sentence, clause or phrase of this title is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this title.



B. After the enactment of this ordinance, any new permit or approval issued or granted in conflict with the provisions of this ordinance shall be void.



1.0.60 Compliance and Scope.



1. Compliance with the provisions of this ordinance. Land and structures may be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, only as this ordinance or any amendment thereto permit. No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this ordinance.



B. Obligation by successor. The requirements of this ordinance apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.



C. Most restrictive regulations apply. Where this ordinance imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.



4. Variances. Variances shall be governed by the provisions of Chapter 5.



E. Transfer of development standards prohibited. No lot area, yard or other open space or off-street parking or loading area which is required by this ordinance for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use, except as otherwise specifically allowed by this ordinance.



1.0.70 Consistency With Plan and Laws.



Each development and use application and other procedure initiated under this ordinance shall be consistent with the adopted Comprehensive Plan of the City of Glendale as implemented by this ordinance, and with applicable State and federal laws and regulations. All provisions of this ordinance shall be construed in conformity with the adopted comprehensive plan.



1.0.80 Use of a Development.



A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this ordinance (including non-conforming uses, subject to Chapter 7) and is not prohibited by law.



1.0.90 Pre-Existing Approvals.



1. Legality of pre-existing approvals. Developments or projects having Planning Commission approval, or other development applications for which approvals were granted prior to the effective date of this ordinance, may occur pursuant to such approvals; except that modifications to development approvals shall comply with this ordinance.



B. Subsequent development applications. All development proposals received by the City of Glendale after the adoption of this ordinance shall be subject to review for conformance with the standards under this ordinance or as otherwise provided by State law.



1.0.100 Uses Listed as Permitted.



Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted in the district in which they are located, and then only after securing all permits and licenses required by State and federal law and City ordinances. A use lawfully established but which is not a permitted use by this ordinance shall be allowed to continue as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in Chapter 7.



1.0.110 Authorization of Similar Uses.



It is recognized that not all uses of land can be listed, nor anticipated, and that a use may have been inadvertently omitted from the list of those specified as permitted or conditional in each of the designated zone districts. Uses not listed within this ordinance may be permitted in a particular zone provided the use is of the same general type as the uses permitted in that specific zone by this ordinance and provided the requested use is not specifically listed in another zone or which is of the same general type, or more similar to a use specifically listed in another zone.



Should a conflict arise over the classification of a proposed use, an interpretation by the Planning Commission can be requested.



1.0.120 City Clearance Prior to Building Permit.



No building permit shall be issued until the City of Glendale has issued a Planning Worksheet Clearance which states the applicable requirements and conditions of this ordinance.



1.0.130 Official Action.



All officials, departments, employees (including contractor-officials), of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this ordinance, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this code.



1.0.140 Abatement and Penalty.



1. A person violating a provision of this ordinance shall, upon conviction, be punished by a fine not to exceed $1,000.00 (one thousand dollars). A violation of this ordinance shall be considered a separate offense for each day the violation continues.



2. In case a building or other structure is, or is proposed to be located, constructed, maintained, repaired, altered, or used, or land is, or is proposed to be, used in violation of this ordinance, the building or land thus in violation shall constitute a nuisance, and the City may as an alternative to other remedies that are legally available for enforcing this

ordinance, institute injunction, mandamus, abatement, or other appropriate proceedings

to prevent, enjoin temporarily or permanently, abate or remove the unlawful location, construction, maintenance, repair, alteration, or use.

Definitions



1.1.10 General.



For the purpose of this ordinance, words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural; and words in the plural shall also include the singular; the word “building” includes structure, and “structure” includes building; and the word “shall” is mandatory and not permissive. The words “used” or “occupied” shall include within their meaning “intended,” “arranged,” or “designed” to be used or occupied. The word “person” shall include a corporation, partnership, or other entity.



1.1.20 Specific.



Abutting. Contiguous or adjoining. It shall include the terms adjacent, adjoining, and contiguous.



Access. The way or means by which pedestrians and vehicles enter and leave property.



Accessory Living Unit. A guest house which is appropriate in scale and impact to be an accessory structure or accessory use to the main residential use of the property.



Accessory Structure or Accessory Use. A structure or use incidental and subordinate to the main use of property, and located on the same lot as the main use provided the main use of such property is a conforming structure or use; accessory structure or use includes any required off-street parking within 200 feet (measured in a straight line) of the building or use it is intended to serve.



Accessory Use Apartment. A portion of a building, other than the primary store front that is occupied or intended or designed to be occupied as an independent dwelling unit, and contains separate housekeeping facilities for living, sleeping, cooking, and eating. As used in this ordinance, accessory use apartment refers to a secondary and accessory use of a portion of an otherwise nonresidential building.



Adjacent. Abutting or located directly across a street, alley, or other right-of-way.



Alley. A public right-of-way which provides a secondary means of access to a property.



Alteration. A change in construction, or a change of occupancy. Where the term “alteration” is applied to a change of construction, it applies to any change, addition, or modification of the structure as defined in Alteration, Structural. When the term is used in connection with a change of occupancy, it refers to a change in the use of the structure.



Alteration, Structural. A 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 change in the external dimensions of the building shall be considered a structural alteration.



Applicant. Any property owner or other authorized agent(s) having an interest in land that is the subject of an application for an approval under this ordinance. Also see definition for Owner.



Automobile Service Station. Any premises used primarily for supplying motor fuel, oil, auto accessories, and minor servicing as a secondary service, excluding body and fender repair, at retail direct to the customer.



Automobile Wrecking Yard. Any property where two or more motor vehicles not in running condition, or the parts thereof, are wrecked, dismantled, disassembled, substantially altered or stored in the open and are not to be restored to operation.



Basement. The portion of a building included between a floor with its level two or more feet below any finished grade and the ceiling next above said floor.



Bed and Breakfast. Provides accommodations plus breakfast on a daily or weekly basis in an operator-occupied or owner-occupied home that is primarily used for this purpose. This use is operated as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a source of income to the proprietors.



Block Length. The distance measured along all that part of one side of a street which is between two intersections or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, water course, body of water or unsubdivided acreage.



Boarding or Rooming House. A building where lodging with or without meals is provided for compensation for not less than three (3) nor more than fifteen (15) persons in addition to members of the family occupying the building.



Building. A roofed structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.



Building Height. The vertical distance measured from the adjoining street center line grade level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge for a gable, hip, or gambrel roof, provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.



Building Coverage. That percentage of the total lot area of a lot which is covered by the principal and accessory building.



Building Line. A line established by an ordinance to govern the placement of a building with respect to the front lot line through the setback requirements of a minimum front yard. A building line is ordinarily parallel to the front lot line and at a distance in accordance with the setback requirement.



Bulk Plant. An establishment where commodities, including both liquids and solids, are received by tank vessel, pipelines, tank cars, tank vehicle or other container, and are stored or blended in bulk for distribution by tank vessel, pipeline, tank car, tank vehicle or container.

City. The City of Glendale, Oregon.



City Manager/Recorder. The official or officials appointed by the Mayor and City Council to carry out the official administrative duties of the City of Glendale.



Common Property. Land amenities, certain areas of buildings such as lobbies, corridors and hallways, central services and utilities, and any other elements and facilities owned and used by all of the owners of units, and designated in the site plan, preliminary plat or final plat as common elements.



Comprehensive Plan. Comprehensive development strategies related to the future economic and physical growth and development of the City that are relied on by the City of Glendale, including plans, maps and reports, or any combination thereof.



Conditional Use. The relaxation of strict terms of this ordinance to permit uses in districts where such uses require additional controls and safeguards not required for permitted uses.



Condominium. Property submitted under the provisions or ORS chapter 100.



Conflict of Interest - Actual. When a decision would result in financial benefit or avoidance of financial detriment to an official, a relative, or a business with which the official or relative is associated (ORS 244.135).



Conflict of Interest - Potential. When a decision could result in financial benefit or avoidance of final detriment to an official, a relative or a business with which the official or relative is associated (ORS 244.135).



Council. The City Council elect of the City of Glendale, Oregon.



County. The County of Douglas, Oregon.



Curb. The line indicating the edge of the vehicular roadway within the overall right-of-way.



Day Care Facility. An establishment or place, not a part of a public school system, in which more than three children not of common parentage, under the age of 14 years, are commonly received for a period not exceeding 12 hours per day, for the purpose of being given board, care, or training apart from their parents or guardians.



Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, dredging, filling, grading, paving, excavation, drilling, or mining.



Dwelling. A building or portion thereof designed for occupancy by one or more families.



Dwelling, One-family or Single-family. A building, including a manufactured home, designed for occupancy by one family and its resident domestic employees.

Dwelling, Two-family. A building designed for occupancy by two families, living separately, including duplex and semi-detached dwellings.



Dwelling, Multi-family. A building designed, built, rented, leased, let or hired out, to be occupied, or which is occupied as residence, by three of more families, living independently of each other.



Dwelling Unit. One or more rooms in a building or structure designed for occupancy by one family and having not more than one cooking facility.



Duplex. A building with two attached housing units on one lot or parcel.



Easement. A right of usage of real property granted by an owner to the public or to specific persons, firms, and corporations.



Ex-Parte Contact. Any contact outside of the public hearing or other public meetings or official property tours in a land use case including a member of the decision-making body and a party wishing to directly or indirectly influence the outcome of the case. These provisions do not apply in the case of legislative and other policy issues (ORS 227.180).



Expedited Land Division. Applies to lands within the City of Glendale or within the Glendale Urban Growth Boundary when creating three or fewer parcels under ORS 92.010 from land zoned for residential and accessory uses which meets all the criteria of an Expedited Land Division set forth in ORS 197.360 - 197.370, and creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning.



Family. An individual or two or more persons related by blood, marriage, legal adoption, or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen.



Family Day Care Provider. A day care provider who regularly provides child care in the family living quarters of the home of the provider.



Farm Use. The current employment of land for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or horticultural use, or by grazing which involves the use of land for pasture of horses, cattle, sheep, goats, and/or domestic herbivorous animals, alone or in conjunction with agricultural pursuits.



Fence. An accessory structure, designed and intended to serve as a barrier or as a means of enclosing a yard or other area, or other structure; or to serve as a boundary feature separating two or more properties.



Flashing Sign. A sign part or all of whose lights go on and off, or appear to go on and off, intermittently.



Fill. The placement by man of sand, sediment, soil, rock, concrete, bricks, wood, glass, garbage, plastics, metal, or other material, usually in submerged lands or wetlands, to create new uplands or raise the elevation of land, subject to State law administered by the Oregon Division of State Lands.



Floodway. The channel of the river or 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.



Flood Insurance Rate Map. The official National Flood Insurance Program map provided by the Federal Emergency Management Agency (FEMA) on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Glendale.



Floor Area. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior face of the exterior walls or from the center line or walls separating two buildings, but not including:



A. Attic space providing headroom of less than seven (7) feet;

B. Basement, if the floor above is less than six (6) feet above the grade;

C. Uncovered steps or fire escapes;

D. Private garages, carports or porches;

E. Accessory off-street parking or loading spaces.



Foster Care. Any family home or facility in which 24-hour care is provided for five or fewer persons who are not related to the provider by blood or marriage.



Frontage. Property abutting on the street.



Garage, Private. An accessory building or an accessory portion of the main building designed and/or used for shelter or storage of automobiles, boats, and/or any other vehicles owned or operated by the occupants of the main building, and in which no occupation for profit is carried on.



Grade, Ground Level. The average of the finished ground level at the center of all walls of a building. Where the walls are parallel to and within five (5) feet of a street right-of-way, the ground level shall be measured at the street right-of-way.



Gross Area. The total useable area including accessory space dedicated to such things as streets, easements, and uses out of character with the principal use, but within a unit of area being measured.



Guest House. An accessory living unit subject to Section 4.0.120 of this ordinance.



Home Occupation. A lawful profession, craft, or service activity which is appropriate in scale and impact to be operated within a residence and within a residential neighborhood.



Homeowner’s Association. The organization of owners of lots in a planned community, created under ORS 94.625.

Horticulture. The cultivation of plants, garden crops, trees and/or nursery stock.



Hotel. A building containing six (6) or more rooms designed for and rented out for sleeping purposes for transients.



Junk Yard. Any property used for breaking up, dismantling, sorting, storing, distributing, buying, or selling scrap, waste material, or other junk.



Kennel. A lot or building in which four (4) or more dogs, cats, or animals at least four months of age are kept commercially for board, propagation, training, or sale.



Land Use District. As used in this ordinance, a land use district is the same as a zone district.



Legislative. Within this ordinance, the term is used to apply to a decision or a hearing as in legislative decision/legislative hearing which refers to the creation of law or policy that applies broadly to amending an ordinance, the Comprehensive Plan, a policy, or a map change involving a number of ownerships.



Limited Land Use Decision. Applies inside the Urban Growth Boundary to subdivision, partitioning, and site plans for an outright permitted use, and is a final decision made by the local government (ORS 197, 195 and 92).



Loading, Off-street. An off-street space or berth on the same lot with a principal building for the parking of a vehicle while loading or unloading merchandise and which has direct access from a public street or alley.



Long-term Care Facility, Group Care Facility. A facility that houses and provides board and services that assist the residents in activities of daily living, such as assistance with bathing, dressing, grooming, eating, medication management or recreation for ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. This includes rest homes, nursing homes, assisted living facilities and convalescent homes, but does not include a boarding home for the aged, a residential care home, a residential care facility, a hospital, hotel or licensed chiropractic facility.



Lot. A lot is a unit of land that is created by a subdivision of land (ORS 92.010) in compliance with all applicable zoning and the City of Glendale Subdivision Ordinance; or a lot of record created by deed or land sales contract and duly recorded in Douglas County property records prior to applicable zoning, subdivision and partitioning ordinances, exclusive of units of land created solely to establish a separate tax account.



Lot Area. The total area of a lot measured in a horizontal plane within the lot boundary lines or as calculated on the Douglas County Assessor’s maps.



Lot, Butt. A lot of which the lot side line abuts the lot rear line of two or more adjoining lots.



Lot Corner. A lot abutting on two or more intersecting streets other than an alley, provided that the interior angle of intersection or interception does not exceed 135 degrees.



Lot Coverage. The area of a lot covered by a building or buildings expressed as a percentage of the total lot area.

Lot Depth. The average horizontal distance between the front lot line and the rear lot line, exclusive of any strip of land created solely to establish a road access into the lot.



Lot, Flag. A flag lot is a buildable lot designated by the Planning Commission which takes access from a narrow strip of land fronting upon a dedicated street or right-of-way.



Lot, Front. For an interior lot, a line separating the lot from the street other than an alley. If a lot faces more than one street, it may front on either street so long as it maintains yards conforming to both frontages



Lot, Key. A key lot is created when the rear line abuts the lot side line of two or more adjoining lots.



Lot, Interior. A lot other than a corner lot.



Lot Line. The property line bounding a lot.



Lot Line Adjustment. As defined in ORS 92.010, the adjustment of a property line by the relocation of a common boundary line where no additional lots are created and where the existing unit of land reduced in size by the adjustment complies with this ordinance.



Lot Line, Rear. For an interior lot, a line separating one lot from another on the opposite side of the lot from the front lot line. For corner lots, the line opposite the narrowest footage of the lot shall be considered the rear line. For corner lots with two equal length front lot lines, either interior lot line may be designated the rear lot line. For an irregular or triangular shaped lot, a straight line ten (10) feet in length that is parallel to and at the maximum distance from the front lot line.



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



Lot, Width. The average horizontal distance between the side lot line, ordinarily measured parallel to the front lot line.



Lot, Through. An interior lot having frontage on two streets.



Manufactured Home/Manufactured Dwelling. A structure which is constructed for movement on the public highways, has sleeping, cooking, plumbing facilities, is intended for human occupancy, 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.



Manufactured Home Park; Mobile Home Park. Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, parcel, or unit of land under the same ownership on a tenancy or lease basis, provided that each manufactured dwelling is not located on a single platted lot located within a subdivision approved by the City of Glendale.



Motel. A building or group of buildings on the same lot, containing guest units with separate quarters detached or in connected rows, with or without cooking facilities, for rental to travelers.



Multi-family Housing. Housing that provides more than three dwellings on an individual lot, including, but not limited to multiplexes, apartments and condominiums.



Nonconforming Structure or Use. A lawful existing structure or use, at the time this ordinance or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.



Nursery School. A school, home, or institution designed or used to provide daytime care and instruction for four (4) or more children not residing therein.



Owner. One who possesses title in property or to whom property belongs, with the requisite intent to own; this term includes an authorized agent of the owner.



Parcel. A single unit of land that is created by a partitioning of land.



Partition. To divide 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, but does not include:



1. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

B. A lot line adjustment;

3. The division of land resulting from the recording of a subdivision or condominium plat;

D. A sale or grant by a person to a public agency or public body as set forth in ORS 92.010 or a sale or grant by a public agency or public body of excess property as set forth in ORS 92.010.

5. Leasing or financing of apartments, offices, stores, or similar spaces within an apartment building, industrial building, or commercial building;

6. Mineral, oil, or gas leases.



Partition plat. A final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.



Performance Agreement. A proper petition submitted to and approved by the City Council for construction and improvements; or a performance bond executed by a surety company duly licensed to do business in the State of Oregon, in an amount equal to the full cost of the work to be done, and conditioned upon faithful performance in compliance with this Ordinance.



Person. Every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate.



Personal Service. A business which is neither the practice of a profession nor dealing primarily

with the sale of products as stock in trade on the premises.



Personal Bias. An inclination of temperament, outlook, preconceived judgement or opinion, prejudice or prejudgement of the facts to such a degree that the decision-maker is leaning adverse or in favor of an applicant without sufficient knowledge or information based on the merits of the case. In Oregon, bias is not a conflict of interest, but disclosure is required.



Planned Community. Any subdivision under ORS 92.010 to 92.190 which results in a pattern of ownership of real property and all the buildings, improvements and rights located on or belonging to the real property and which is created under ORS 94.550 to 94.783.



Planned Unit Development (PUD). A residential development with open space on contiguous lots or a Unit of Land which stays within the density requirements of the zone in which it is located for the overall project, and allows for a degree of latitude in describing individual lot sizes. Such development may include residential clusters, and accessory religious, cultural, recreational, or commercial uses, and may be subject to State regulations for condominiums or planned communities.



Planning Commission. The duly appointed Planning Commission of the City of Glendale, Oregon.



Planning Director. Can mean either the City Manager/Recorder or a private consultant or agency retained by the City to carry out planning for the City.



Plat, Preliminary. A map and written information indicating the proposed layout of a partition or subdivision development that is submitted to the Planning Commission for preliminary or tentative approval. The preliminary plat may also be referenced as the preliminary plan, tentative plan or tentative plat.



Plat, Final. A map and accompanying written information of a partitioning or subdivision that conforms to the requirements of the ordinance and to the requirements of ORS 92.



Professional. Engaging in an occupation or calling requiring the practice of an art or science through specialized knowledge based on experience and/or a degree issued by an institution of higher learning.



Projection. Eaves, cornices, platforms, porches, or any type of structure attached to the main building.



Property Association. The association of unit owners provided for under ORS 100.405.



Property line. The division line between two units of land.

Quasi-judicial. A decision/hearing/land use action concerned with the application of law or policy to a specific property or a limited number of properties as on an application for a conditional use, variance, planned unit development, partitioning, subdivision, an appeal of a quasi-judicial decision, or rezone of property within a single or very limited number of ownerships.



Recreational Vehicle. A vehicle with or without motor power, which is designed for human occupancy and to be used temporarily for recreational purposes, seasonal, or emergency purposes, and has a gross floor area not exceeding 400 square feet in the set up mode.



Replat. The act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision subject to ORS 92.180 - 92.190.



Reserve Strip. A strip of real property used as a street plug to control access to land.



Residence. See Dwelling.



Residential Care Facility. A residential care facility, residential training facility, or residential treatment facility as defined in ORS 443.400, licensed by the Oregon Department of Human Services that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related to each other or to any other resident of the facility.



Residential Care Home. A residential treatment or training or an adult foster home licensed by or under the authority of the Oregon Department of Human Services 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 to each other or to any resident of the residential home.



Retail Store. A store or place of business engaged in the sale of commodities or goods in small

quantities to ultimate consumers.



Right-of-way. All land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the public for sidewalk, utility, and/or roadway purposes, which the City has sole responsibility to maintain.



Roadway. All of that portion of the right-of-way used or to be used for vehicle movement which exists between the curbs or proposed curb lines.



Screened. Concealed or cut off from visual access.



Sidewalk. A walk or path along the side of a road for pedestrians. A right-of-way deeded, dedicated, and designated for the use of nonmotorized vehicles and pedestrians.



Sign. Any face of any lettered or pictorial device or structure designed to directly or indirectly draw attention to a product, place, activity, person, institution, or business.

Street Grade Right-of-way. The officially established street grade or right-of-way lines upon which a lot fronts.



Street. The entire width between the right-of-way lines of every public way for vehicular and pedestrian traffic and includes the terms “road,” “highway,” “lane,” “place,” “avenue,” and other similar designations. Includes “alley” except as otherwise specified in this ordinance.



Street - Private Road. Any road or way which is not a public street, but which intersects with an existing public street; land used or to be used to provide ingress or egress to one or more lots, parcels, units or tracts of land.



Street - Public. A road accepted as a City street, or any road which has been dedicated to the use of the public for road purposes either by a good and sufficient deed or in a subdivision plat, which deed or plat has been presented to and accepted by the City Council and placed on the record. A public street does not include any gateway or way of necessity as defined by ORS 376, and any other road which has nominally or judicially gained a public character by prescriptive or adverse use, unless such road is maintained by the City of Glendale. Public street categories include: arterial, collector, local street and cul-de-sac.



Street System.



1. Arterial. A street intended to carry large volumes of traffic at steady speeds with minimum interruptions to traffic flow.

2. Collector Street. Street which forms the boundary of major blocks of land and is intended primarily for inter-neighborhood traffic; can function as a road to service areas from the arterial system.

3. Cul-de-sac. A dead-end street having a turn-around area at the end.

4. Hammerhead or “T” End Street. A dead-end street with a turn-around.

5. Local Street. A residential street designed to provide vehicular access to abutting properties and discourage through traffic.



Structure. Something constructed or built and having a fixed base on, or fixed connection to, the

ground (above or below) or another structure.



Subdivide Land. To divide an area or tract of land into four or more lots within a calendar year.



Subdivision. Either an act of subdividing land or an area or a tract of land subdivided.



Temporary. A use that is of a short term or seasonal nature characterized by the fact that permanent improvements are not made to the site to accommodate the use.



Tower. A portion of a building that is higher than the remainder of the building, or a tall structure

of smaller dimensions separate from the building it accompanies, such as a campanile of a church.



Unified Development. A planned commercial or industrial, or commercial and industrial development, designed for one or more of such uses on not less than one acre of land, and which share common parking areas or points of access.



Unit of Land. Any land which is not a lot or parcel, or any land for which a survey has not been filed in the Douglas County Surveyor’s Office. Contiguous land under the same ownership shall be considered to be one unit or tract of land unless such contiguous lands are lots, parcels, or have a filed survey.



Urban Growth Boundary (UGB). An outer boundary of future urban development near the City of Glendale. Land within this boundary is planned for eventual development and the provision of sewer, water, streets and other public facilities.



Use. The purpose for which land or a building is designed, arranged or intended, or for which it

is occupied or maintained, let or leased.



Utility and Service. Any plant or equipment owned, managed or controlled all or in part by a corporation, company, individual, association of individuals, or its lessees, trustees or receivers for the conveyance of telephone, telegraph, fax, or computer messages, with or without wires for the transportation as common carriers or for the production, transmission, delivery or furnishing of heat, light, water, or power, directly or indirectly to the public excluding utility substations and radio transmitters.



Vacate. To abandon such as subdivision plat, street right-of-way or alley. For example, vacation of a public right-of-way that is not needed or cannot be used for a street or other public purpose allows the right-of-way to revert to adjoining properties. When vacated, a plat returns the property to an undivided condition.



Variance. An authorized relaxation of the terms of this ordinance pertaining to off-street parking and loading, building height, lot area, lot coverage, lot size, yards or open space, where such relaxation of terms will not be contrary to the public interest; a variance does not include authority to approve a development that is not otherwise permitted within the specific zone or land use district.



Vehicle. A vehicle means any contrivance in or on which persons or things may be contained, carried, or conveyed, whether in motion or standing, and shall include manufactured homes and recreational vehicles as defined in this ordinance.



Vision Clearance Area. A triangular area on a lot at the intersection of two streets, or a street and an alley, or a street and a railroad, two sides of which are lot lines measured from their corner intersections for distances specified for land use districts within this ordinance. The third side of the triangle is a line across the corner of the lot joining 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.



Zone Change. Rezone. The classification of land from one land use zoning designation to another which is accomplished through an amendment to the map text or zoning ordinance.



Yard. An open space on a lot with a building bounded on one (1) or more sides by such building,

such space being unoccupied and unobstructed by structures from four feet above the ground upward.



Yard, Front. Space extending across the full width of the lot between the front building line and the front lot line.



Yard, Rear. A yard between side lot lines and measured horizontally at right angles to the rear lot

line from the rear lot line to the nearest point of a building.



Yard, Side. A yard between the front and rear yards measured horizontally at right angles from

the side lot line to the nearest point of a building.



Yard, Street Side (Corner Lot). A yard adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of a building.



Zone. A land use area or district established by the City Council of Glendale, through implementing ordinances, for designated purposes.