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Definitions Revised Amended
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As used in this land use code, unless the context requires otherwise, the following words and phrases mean:

Access. The place, means, or way by which pedestrians, bicyclists, or vehicles have ingress and egress to a property, use, or parking space.

Access Connection. The area located within the public right-of-way that provides for the movement of vehicles to or from a development site onto and from the vehicular travel way of the public transportation system.

Accessory Building. Any authorized, detached building subordinate to the main building on the same development site. In addition, for the purposes of EC 9.2700 through 9.2751, in the R-1 zone, an accessory building that shares a common wall with the primary dwelling for less than 8 feet is considered a detached accessory building. An accessory dwelling is not an accessory building.

Accessory Use. A use incidental to the primary use of the development site.

Adjustment Review – Major. An adjustment review that includes a request to adjust at least 2 of the following:

(A) Maximum front yard setbacks,

(B) Building orientation,

(C) Building entrances,

(D) On-site pedestrian circulation,

(E) Block requirements or street layout, when such request is for a large commercial facility, large multi-tenant commercial facility, or multiple-unit development.

Adjustment Review – Minor. Any adjustment review that is not defined as “major.” This includes all adjustments to any proposed project that does not contain a large commercial facility, large multi-tenant commercial facility, or multiple-unit development.

Adversely Affected Person. A person whose personal use and enjoyment of property owned or occupied by that person will be directly negatively affected by the land use decision. A person is not adversely affected due to actual or prospective economic loss from increased business competition that may result from the decision.

Alley Access Lot/Parcel. A lot, parcel or lot of record abutting an alley and not abutting a street and created from the rear portion of an existing lot or parcel. For purposes of EC 9.3050 through 9.3065, an alley access lot or parcel is one that abuts an alley but does not abut a street.

Alley Access Only Lot/Parcel. A lot or parcel whose only legal and practicable vehicle access to the portion of the lot on which the dwelling(s) or other main building(s) will be located is from the alley.

Amateur Radio Antenna Structure. An antenna and any structure supporting an antenna that a federally licensed amateur radio operator uses to transmit or receive electromagnetic waves.

Annexation. An extension of the boundaries of a city or special district.

Appeal. A formal challenge to a land use decision or interpretation to a higher authority. As used in EC 9.6705 to 9.6709, a request for a review of the interpretation of any provision of this section or a request for a variance.

Appurtenant Structure. As used in EC 9.6705 to 9.6709, an appurtenant structure is the same as an “accessory building” as defined above.

Arborist, Certified. A person certified by the International Society of Arboriculture as having specialized knowledge, experience and training related to arboriculture, including, but not limited to, knowledge of best management practices for tree pruning and maintenance, construction impacts to trees, tree pests and diseases, and hazardous tree evaluation.

Area of shallow flooding. As used in EC 9.6705 to 9.6709, a designated Zone AO, AH, AR/AO or AR/AH on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. As used in EC 9.6705 to 9.6709, the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”

Assisted Care. The 24-hour care and boarding of persons by a paid caregiver who is not the parent or guardian of and is not related by blood, marriage, or legal adoption to the persons served, or other support services for adult transitory individuals. Services provided may include the training or rehabilitation for physically, mentally, or socially dependent persons requiring assisted living care. Services provided may also include meals, housekeeping, and personal care assistance. “Assisted Care” does not include temporary housing or other support services for adult transitory individuals. For purposes of determining residential density, if the design of the facility does not contain dwellings, as defined in this land use code, then every 1.5 beds equals 1 dwelling. Fractional dwellings shall be rounded to the next highest integer, e.g., 2 beds equals 2 dwellings.

Athletic Field(s). Open playing fields applicable to team-oriented sports such as football, baseball, softball, soccer, rugby, field hockey, ultimate frisbee, and other field-based activities. Athletic fields are distinguished from parks or playgrounds that provide for a greater range of use.

Balcony. A platform that typically projects from the wall of a building with or without additional independent supports, surrounded by a railing, balustrade, or parapet for protection, and accessed only from an upper-floor window or door.

Banner. A sign made of any non-rigid material that is not contained by an enclosing framework and is allowed some freedom of movement. Banners include (but are not limited to) streamers, pennants, and flags.

Bar or Tavern. An establishment licensed as a bar or tavern by the OLCC for the sale and consumption of alcoholic beverages on the premises.

Base Flood. As used in sections 9.6705 to 9.6709, the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE). As used in EC 9.6705 to 9.6709, the elevation to which floodwater is anticipated to rise during the base flood.

Basement. As used in EC 9.6705 to 9.6709, any area of the building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast Facility. A dwelling together with at least one room where travelers are lodged for sleeping purposes on an overnight or weekly basis, with a morning meal provided, and for which compensation is paid and received.

Bedroom. Within a dwelling, a bedroom is any room that either:

(A) Is designated as a bedroom on a development plan submitted to the city;

(B) Is included in the number of bedrooms stated in an advertisement, rental or sales contract, marketing material, loan application, or any other written document in which the owner, or an authorized agent of the owner, makes a representation regarding the number of bedrooms available in the dwelling; or

(C) Meets all of the following:

1. Is a room that is a “habitable space” as defined by the current Oregon Structural Specialty Code (OSSC) or Oregon Residential Specialty Code (ORSC);

2. Meets the OSSC or OSRC bedroom requirements for natural light, ventilation, and emergency escape and rescue windows;

3. Is a room that is accessed by a door on an interior wall and that does not provide access to another room except for a bathroom, toilet room, closet, hall, or storage or utility space.

Bicycle Path. A bikeway that is physically separated from motor vehicle traffic by an open space or barrier, that may be within the public right-of-way, easement, or other publicly-owned land.

Billboard. Any sign with a sign face of 200 square feet or greater in surface area.

Biofiltration. Deliberate filtering of sediments and other pollutants from stormwater runoff by directing flow through a vegetated area.

Block. Lots, parcels, or other units of land that are surrounded on all sides by public street right-of-way.

Block Length. The distance along a street between the centerline of two intersecting through public streets, including “T” intersections but excluding cul-de-sacs.

Blood Bank. An organization that accepts human whole blood, donated voluntarily, and for which no financial compensation is received.

Boarding and Rooming House. At least one dwelling together with 3 or more rooms that are offered for rent, but which rooms, individually or collectively, do not constitute separate dwellings. A rooming and boarding house is designed to be occupied by long term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Boardwalk. A raised walkway with railings, that allows humans to enter a sensitive natural area without damaging plants or compacting soils.

Building. A structure designed and used as a place of occupancy, storage, or shelter.

Building Addition. An expansion, extension or increase in the gross floor area or height of a building or facility. The terms “building addition” and “building expansion” are used interchangeably in this land use code.

Building Alteration. Development that does not result in a building addition.

Building Articulation. The design emphasis given to architectural elements such as walls, windows, balconies, and entries that serve to provide visual interest and elements of scale.

Building Bulk. The spatial dimensions of a structure.

Building Facade. The exterior wall of a building exposed to public view where the building, or a portion thereof, is located within 40 feet of public right-of-way, private drives, or public pedestrian way.

Building Height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the gables of a pitched or hipped roof. For the purposes of residential zones, building height shall be the vertical distance above a reference datum measured to the highest point of the roof. The maximum height of a stepped or terraced building is the maximum height of all segments of that building. The reference datum shall be whichever of the following two measurements results in the greater building height:

(A) The reference datum is the lowest grade when the highest ground surface within a five-foot horizontal distance of the exterior wall of the building is not more than 10 feet above the lowest grade.

(B) The reference datum is 10 feet higher than the lowest grade when the highest ground surface described in item (A) above is 10 feet or more above the lowest grade. (See Figure 9.0500 Building Height Calculation.)

Building, Main. A structure within which the primary use permitted on the lot or parcel is conducted.

Building Mass and Scale. The building mass is the three-dimensional bulk of a structure defined by the height, width, and depth of the horizontal and vertical planes of a building. Building scale is the relative or apparent size of a building, the relationship between the mass of a building and its surroundings, including the width of the street, open space, and the size of surrounding buildings.

Building Official. The person authorized by the city manager to carry out the duties of the city’s building official under this code, or the building official’s designee.

Building Offset. Change in vertical planes along the facade of a structure.

Building Offset Interval. The distance between change of vertical planes of a structure.

Business Occupant. An owner, lessee, or renter of a non-residential use of a development site. Each user that has an independent or distinct property right in the development shall be considered a separate business occupant.

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

Campus Living Organization. A structure having sleeping facilities and a common kitchen, used for providing living facilities for a student organization, including a fraternity or sorority, that received official sanction from an institution of higher learning.

Canopy Tree. A horizontally branching deciduous or coniferous tree species that generally grows to have a mature canopy width of at least 50 feet.

Cemetery. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes. Columbaria, crematories, mausoleums, and mortuaries are considered part of the cemetery when operated in conjunction with and within the boundary of the cemetery.

Change of Use.

(A) Except as provided in (B), a change from the existing use to another land use according to the land use and permit requirement tables in this land use code.

(B) As used in Willamette River Greenway Permits beginning at EC 9.8800, making a different use of the land or water than that which existed on December 6, 1975. It includes only a change that requires construction, alterations of the land, water, or other areas outside of existing buildings or structures and that substantially alters or affects the land or water. It does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building for purposes of defining “change of use” with regard to Willamette River Greenway permits.

Channel Maintenance. Periodic removal of debris, sediment, vegetation, litter and other material within the bed or banks of a stream or channel recognized as part of the city’s stormwater drainage system, and performed by the city or in accordance with city policy.

Channelize, Channelizing. Human alteration of the bed or banks of a natural stream or river to maintain or increase its conveyance or capacity characteristics without maintaining its natural character, typically by straightening its course, increasing its depth and removing obstructions in the bed or on the banks.

City Engineer. The person authorized by the city manager to carry out the duties of city engineer under this code, or the city engineer’s designee(s).

City Manager. The city manager of the city of Eugene, or his or her designee.

Clinic. Single or multiple offices for State of Oregon licensed physicians, surgeons, dentists, chiropractors, osteopaths, and other members of the healing arts providing out patient care.

Cluster Subdivision. A subdivision with 4 or more lots with dwellings grouped in a manner that achieves protection of natural environmental features or creates common open space that is suitable for use by residents through the relaxation of the lot and development standards. The subdivision shall include reductions in the minimum lot area requirements.

Collection Center. A temporary, portable structure or trailer placed on or near private parking areas by charitable non-profit organizations to collect donations of used household goods, clothing, or other useful materials.

Common Courtyard. A common area for use by residents of a cottage cluster or other type of residential development. Constructed and natural features may be included in a common courtyard, such as, but not limited to, landscaping, lawn, pedestrian paths, paved areas, and recreational amenities.

Common Open Space. An area for the use or enjoyment of all residents of a development site, excluding parking areas, streets, and other areas designed for motor vehicle circulation or storage. Common open space may include areas that provide for the preservation or enhancement of natural resource habitats.

Community Building. A building intended for the shared use of residents in a development that provides space for accessory uses such as community rooms, guest housing, exercise rooms, day care, community eating areas, or picnic shelters.

Community Center. A building owned and operated by the city or other public agency, and used for recreational, social, educational, and cultural activities.

Comprehensive Plan. “Comprehensive plan” is a reference to the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), to the Envision Eugene Comprehensive Plan, or to both plans. The applicable plan is determined by considering the context of the code’s reference and the content of the two plans at the time the reference question arises. The city is taking incremental actions to adopt the Envision Eugene Comprehensive Plan and to make corresponding portions of the Eugene-Springfield Metropolitan Area General Plan inapplicable to the city.

Constructed Wetlands. A facility that exhibits wetland characteristics but was constructed for the express purpose to perform a utility need, such as a sedimentation pond, and is not eligible for mitigation credit or subject to the jurisdictional requirements of federal and state wetland law.

Controlled Income and Rent Housing. A housing project, or that portion of a larger project, consisting of any dwelling type or types exclusively for low-income individuals and/or families, sponsored by a public agency, a non-profit housing sponsor, a developer, a combination of the foregoing, or other alternatives as provided for in the Oregon Revised Statutes or Federal Statutes to undertake, construct, or operate housing for households that are low-income. For the purposes of this definition, low-income means having income at or below 80 percent of the area median income. (See Map 9.2740 Areas Unavailable for Controlled Income and Rent (CIR) Housing with Increased Density.)

Corner Cut-Off. An area of right-of-way or easement provided at a corner in addition to the standard street width, to allow additional room for vehicle clearance and vision clearance at the corner and for construction of sidewalks.

Corner Lot or Parcel. A lot or parcel with 2 or more front lot lines in which the interior angle formed by the extensions of the front lot lines in the direction which they take at their intersections with the side lot lines forms an angle of 135 degrees or less. In the event a street front lot line is a curve at its point of intersection with a side lot line, the tangent to the curve at that point shall be considered the direction of the front lot line. (See Figure 9.0500 Corner Lot or Parcel.)

Correctional Facility. A facility designed for the short and/or long term confinement of persons held in lawful custody, involving the treatment of offenders through penal, parole and probation programs. Correctional facilities are staffed 24 hours a day and may include related uses such as legal and medical access, (courtrooms or clinics), counseling and rehabilitative services, recreation activities, and administrative offices.

Cottage Cluster Project. A development site with one or more cottage clusters. Each cottage cluster that is part of a cottage cluster project must have its own common courtyard.

Critical Root Zone (CRZ). That area surrounding a tree that:

(A) Has a radius of 18 inches times the diameter breast height expressed in inches of the tree trunk or trunks; or

(B) Encompasses an area determined for an individual tree to be the necessary root area for the tree’s continued normal growth as demonstrated in a written report by a certified arborist and based on documented field investigation and non-destructive physical testing, including, but not limited to non-destructive excavation to delineate the root system to a minimum depth of 24 inches below grade, and no more than 48 inches below grade.

Cul-de-sac. A dead-end street intended for local traffic that terminates with a bulb or other turnaround suitable for use by appropriate vehicles, including emergency vehicles.

Curved Lot. A lot having frontage on a street with a centerline radius of less than 300’ and a change in bearing of the centerline of at least 10 degrees across the frontage of the lot. For the purpose of determining lot frontage requirements, only those lots on the outside of a curved street shall be eligible for reduced lot frontage.

Cut-off Light Fixture. A light fixture designated as cut-off when the candlepower per 1000 lamp lumens does not numerically exceed 25 (2 ½ %) at an angle of 90 degrees above nadir (horizontal), and 100 (10%) at a vertical angle of 80 degrees above nadir. This applies to any lateral angle around the lighting fixture.

Cutout. A supplemental design element attached to or superimposed upon a billboard.

Day Care. Care or supervision of four or more persons by a paid caregiver who is not the parent, guardian, or related by blood or marriage to the persons being served. Day care does not include boarding or temporary care or other support services for adult transitory persons.

Decision-Maker. The person or hearing body designated in provisions beginning at 9.7000 of this land use code to make a decision on an application.

Density (gross). The number of dwelling units per each acre of land, including areas devoted to dedicated streets, neighborhood parks, sidewalks, and other public facilities.

Density (net). The number of dwelling units per each acre of land in residential use, excluding from the acreage dedicated streets, neighborhood parks, sidewalks, and other public facilities.

Destination. The ultimate discharge point for the stormwater runoff from a particular site. Destination can include on-site infiltration such as surface infiltration facilities, drywells and sumps, and soakage trenches, and off-site flow to ditches, drainage ways, rivers and streams, and off-site storm pipes.

Develop. To bring about growth or availability; to construct or alter a structure, to conduct a mining operation, to make a physical change in the use or appearance of land, to divide land, or to create or terminate rights to access. “Develop” includes, but is not limited to, new building, building alterations or additions, site improvements, or a change in use.

Development.

(A) The act, process or result of developing.

(B) As used in sections 9.6705 to 9.6709, 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 or storage of equipment or materials.

Development Permit. A permit authorized or required by the Oregon Structural Specialty Code and Oregon One and Two Family Dwelling Code, including but not limited to permits for:

(A) New buildings.

(B) Additional square footage added to a building.

(C) Building demolition.

(D) Foundations.

(E) Change of occupancy.

(F) Grading/Fill.

(G) Site improvements.

Development Site. A tract of land under common ownership or control, either undivided or consisting of two or more contiguous lots of record. For the purpose of land use applications, development site shall also include property under common ownership or control that is bisected by a street or alley.

Diameter Breast Height (d.b.h.). The diameter of the trunk or trunks of a tree measured at 4.5 feet above mean ground level at the base of the trunk or trunks.

Digital Billboard. Any billboard that changes messages by any electronic process.

Digital Sign. Any sign with a sign face of 20 or fewer square feet in surface area that changes messages by any electronic process.

Direct Connection. The shortest reasonable connection between two points. A connection is direct if it does not involve travel more than 40% above the most direct route practicable between two points.

Dormer. A window or ventilation opening set vertically on a sloping roof. The dormer has its own roof, which may be flat, arched, or sloped. A dormer may or may not have its own sidewalls.

Driveway. The area located outside of the public right-of-way that abuts the access connection and allows for vehicles to move to or from a development site. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, a surface area that is intended, prepared, or used for vehicle access to and about a lot.

Drive Through Only Establishment. An establishment providing services solely to customers that do not enter the building.

Dwelling. A building, or portion thereof, designed and used as a residence for occupancy by a person or persons. This includes both buildings constructed on-site and manufactured homes.

Dwelling, Accessory. An interior, attached or detached residential structure that is used in connection with or that is accessory to a single-unit dwelling.

Dwelling, Cottage Cluster. A grouping of no fewer than four detached dwellings per acre with a footprint of less than 900 square feet each that includes a common courtyard. Cottage clusters are not fourplexes or multiple-unit dwellings.

Dwelling, Duplex. Two dwellings on a single lot or parcel in any configuration. If one of the dwellings on the lot or parcel is an accessory dwelling, the two dwellings on that lot or parcel are not considered a duplex.

Dwelling, Fourplex. Four dwellings on a single lot or parcel in any configuration. The dwelling type referred to as a fourplex in this land use code is the same dwelling type as the dwelling type referred to as a quadplex as used in the Metro Plan, ORS 197.758, and Chapter 660, division 46 of the Oregon Administrative Rules.

Dwelling, Multiple-Units (Multi-Unit). One or more buildings on a single lot or parcel containing 5 or more dwellings in any configuration. The dwellings may be detached or share common walls, common roofs, or common foundations. Multiple-unit dwellings include condominium and apartment units without regard to ownership status. Cottage clusters are not multiple-unit dwellings.

Dwelling, Single-Unit. One detached dwelling on a single lot or parcel. A dwelling unit that is part of a duplex, triplex, fourplex, or cottage cluster, whether attached or detached, is not a single-unit dwelling.

Dwelling, Studio-Unit. A dwelling unit that is part of a multi-unit dwelling and consists of a room and a separate bathroom.

Dwelling, Townhouse. A dwelling that is part of a townhouse project of two or more attached dwellings where each dwelling is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling.

Dwelling, Triplex. Three dwellings on a lot or parcel in any configuration.

Easement of Record. A valid easement that is recorded and on file at the Lane County Recorder’s office.

Electronic Message Center. A sign component that utilizes a computer or other electronic means to change the digital message displayed.

Enhanced Pedestrian Amenity. Permanent pedestrian amenities as described under the definition of Enhanced Pedestrian Space.

Enhanced Pedestrian Space. A paved area for use by pedestrians characterized by the incorporation of permanent amenities such as textured paving, planters connected to the earth and planting areas, kiosks, collonades, drinking fountains, public art, etc. A paved area with portable seating adjacent to a restaurant is also an enhanced pedestrian space.

Enhancement. To increase or improve natural values in one or more of the following ways:

(A) Increasing the wildlife habitat value by increasing the supply and diversity of natural food sources throughout the year, increasing the diversity and duration of water features throughout the year or increasing the diversity in size and structure of plants.

(B) Improving water quality by reducing the amount of pollutants entering the water or removing pollutants already in the water.

(C) Improving the natural character by encouraging and allowing natural vegetation to grow in natural patterns according to soil and water conditions.

(D) Removing litter, refuse and unnatural fill.

(E) Improving the capacity of the area to contain, detain or filter stormwater runoff.

Envision Eugene Comprehensive Plan. The Envision Eugene Comprehensive Plan is Eugene’s city-specific comprehensive land use plan, co-adopted by Eugene and Lane County. This Plan provides guidance to the city as it plans for the future growth and development of the city. The city is taking incremental actions to adopt the Envision Eugene Comprehensive Plan and to make corresponding portions of the regional comprehensive plan (the Eugene-Springfield Metropolitan Area General Plan) inapplicable to the city.

Equipment, Heavy. Any piece of equipment weighing 1 ton or more.

Equipment, Light. Machinery, tools and implements that are typically operated by hand and used for maintenance of yards, gardens and households.

Equivalent on-site area. An area of existing impervious surface that: (1) does not have facilities or structures to treat stormwater runoff; (2) is of equal or greater square footage to the area of proposed new impervious surface on the same site; and, (3) is of equal use.

Eugene Zoning Map. The official zoning map for the City of Eugene. The Eugene Zoning Map may also include overlay zones.

Evidence. Facts, documents, data, or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.

Expedited Land Division. A partition or subdivision of a lot or parcel that is processed pursuant to EC 9.7900 through EC 9.7925 and governed by the application requirements and approval criteria in EC 9.8200 through EC 9.8245 or EC 9.8500 through 9.8580.

Flag Lot. A lot located behind another lot except for a narrow portion extending to the public street which is suitable for vehicular, bicycle and pedestrian access. The “flag pole” of a flag lot is the access corridor to the buildable “flag portion” of the lot. (See Figure 9.2775(2) Residential Flag Lot Description.)

Flashing Sign. A sign or sign structure that is not a digital billboard, digital sign, or electronic message center, where some part of the display is provided by light-emitting elements which abruptly change color or intensity of illumination, including intermittent periods of illumination and non-illumination, or where the effect of flashing is achieved through mechanical means, including rotation.

Flood or Flooding. As used in sections 9.6705 to 9.6709:

(A) A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters;

2. The unusual and rapid accumulation or runoff of surface waters from any source; or

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (A) of this definition.

Flood control design storm. A theoretical storm for evaluating the capacity of the storm drainage system and designing improvements for the required level of protection, in accordance with the Stormwater Management Manual.

Flood elevation study. As used in EC 9.6705 to 9.6709, see “Flood Insurance Study.”

Flood Insurance Rate Map (FIRM). As used in sections 9.6705 to 9.6709, the official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS). As used in sections 9.6705 to 9.6709, an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood proofing. As used in EC 9.6705 to 9.6709, any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodway. As used in sections 9.6705 to 9.6709, the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “Regulatory Floodway.”

Floor Area. The floor area of a building, except areas used exclusively for the service of the building, such as: mechanical equipment spaces and shafts; elevators; stairways, escalators and ramps; rest rooms; loading docks or ramps. The term “Floor Area,” when calculated for the purpose of determining the Floor Area Ratio (FAR) within the /TD Transit Oriented Development Overlay Zone, includes that portion of the basement that is designed and constructed as permanent underground parking, office or retail use, and the entire floor area of the rest of the building. In all other zones, basement areas shall be excluded from the FAR calculation.

Floor Area Ratio (FAR). The floor area of all buildings on a lot divided by the total lot area. (See Figure 9.4530(3) Floor Area Ratio Calculation.)

Flow control facility. Any structure or drainage device that is designed, constructed, and maintained to collect, retain, infiltrate, or detain surface water runoff during and after a storm event for the purpose of controlling post-development water quantity leaving the development site.

Freestanding Sign. A sign other than a billboard supported by a structure that is anchored in the ground and is independent from any other structure.

Front Lot Line. A lot line abutting a public street or in cases of private streets, the front lot line shall be considered to be the boundary of the private street or the access easement for the private street. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Front Yard Setback. An area extending between lot lines that intersect a street lot line, from a front lot line to a minimum depth required by zone standards. (See Figure 9.0500 Front and Interior Yards.)

Functionally dependent use. As used in 9.6705 to 9.6709, a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

Glare. Intense, direct light emitted by a lamp(s) that causes reduced vision, momentary blindness, or eyestrain.

Goal 5 Water Resource Site. As used in EC 9.4900 to 9.4980 and 9.8030(21), the resource site as identified in the Goal 5 Water Resources Conservation Plan. For riparian corridor and upland wildlife habitat sites, the Goal 5 Water Resource Site includes the stream and riparian areas that may extend beyond applicable conservation setbacks. Wetland sites include only the wetland, itself.

Grade. For purposes of determining building height, the grade shall be the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within a five foot horizontal distance of the exterior wall of the building. For purposes of determining sign height, grade shall be measured as if all portions of a sign were projected vertically onto the ground and the grade was measured by using such projections as a building wall. For all signs, grade shall be measured according to the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for locating the sign. (See Figure 9.0500 Building Height Calculation and Figure 9.6640(3)(f) Sign Height Calculation.)

Grassy Swales. Shallow ditches lined with grass or other vegetation for the purpose of filtering sediments and other pollutants from stormwater runoff.

Ground Cover. A living plant species that normally reaches a height of less than 3 feet upon maturity, planted in such a manner so as to form a continuous area of living plants.

Ground Floor Ceiling Height. For purposes of EC 9.2170, ground floor ceiling height means the clear vertical distance from the finished floor to the finished ceiling.

Hand-Carried Sign. A sign that is displayed and used while being carried by a person.

Hazardous Tree. A tree that is dead, or is so affected by a significant structural defect, damage or disease that falling or failure appears imminent, and the tree poses a threat to life or property.

Headwaters Area. The area within Eugene city limits that is above 500 feet.

Headwater streams. Streams that: (1) are identified on the Headwater Streams Map (an Appendix to the Stormwater Management Manual) as having all or a portion of their length located on slopes greater than 10%; (2) are identified on the Sensitive Areas Map as having all or a portion of their length located in areas with highly erodible soils; (3) are at least 500 feet or longer; and, (4) drain at least 10 acres.

Hearings Official. A person appointed by the city manager or designee to hold hearings and issue decisions under this land use code.

Heritage Tree. A living, standing tree having exceptional value to the community due to its size and species. The specific methodology of classifying a tree as a heritage tree shall be established by administrative rule of the city manager adopted pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.

Highest adjacent grade. As used in EC 9.6705 to 9.6709, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Architectural Significance. A historic property that:

(A) Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

(B) Embodies those distinguishing characteristics of an architectural type;

(C) Is the work of an architect or master builder whose individual work has influenced the development of the city, region, or state; or

(D) Contains elements of architectural design, detail, materials, or craftsmanship that represented a significant innovation.

Historic District. A geographic area possessing a significant concentration, linkage, continuity or design relationship of historically significant sites, structures, landscape features, or objects unified by past events or physical development, that is 3 blocks or larger in size.

Historic Ensemble. A geographic area possessing a significant concentration, linkage, continuity or design relationship of historically significant sites, structures, landscape features, or objects unified by past events or physical development, which is less than 3 blocks in size.

Historic Landmark. A historic resource designated by the city according to EC 9.8165 Historic Landmark – Designation Approval Criteria in this land use code.

Historic Landscape Feature. A decorative or functional change to land or vegetation, including trees, gardens, hedges, arbors, canopies, walkways, fences, retaining walls, water features, gazebos, pavilions, and similar site features.

Historic Preservation. The process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property.

Historic Property. A historic resource that is:

(A) Designated by the city as a historic landmark; or

(B) Listed in the National Register of Historic Places, or within a National Register historic district.

Historic Property Alteration. To remove significant historic building materials, or significantly change the physical appearance of any part of the exterior of a historic resource or to change the appearance of historic landscape features that are identified as a significant part of the historic resource in the historic property application. Maintenance is not considered alteration of a historic property.

Historic Property Demolition. To raze, destroy, dismantle, deface or, in any other manner, cause significant partial or total ruin of a historic property.

Historic Property Mitigation Report. A report containing photographs of the historic property and its site and additional graphic history, data, and commemorative materials. The documentation materials will become the property of the city. The planning director may require that certain specific artifacts, architectural features, materials, or equipment be preserved or documented through measured architectural drawings.

Historic Property Moving. The relocation of a historic resource.

Historic Rehabilitation. The return of a historic resource to a state of utility, through repair or alteration, which makes possible an efficient contemporary use and preserves the property’s historic value.

Historic Resource. Includes, but is not limited to, districts, ensembles, thematic groups, corridors, structures, bridges, buildings, sites, cemeteries, landscape features, signs, plaques, archaeological sites or artifacts, or other objects that have historic, cultural and/or architectural significance, locally, regionally, or nationally. A historic site is the location of a historic or archaeological event, activity, occupation, structure, object, or landscape feature, including existing buildings or structures on the site, which has historic significance.

Historic Restoration. The process of accurately recovering the form and details of a historic resource and its setting as they appeared at a particular historic period by means of the removal of later work or the replacement of missing earlier work.

Historic Significance. Those historic resources that have a relationship to events or conditions of the human past. The historic resource:

(A) Has character, interest or value, as part of the development, heritage or cultural characteristics of the city, state, or nation;

(B) Is the site of a historic event with an effect upon society;

(C) Is identified with a person or group of persons who had an influence on society; or

(D) Exemplifies the cultural, political, economic, social, or historic heritage of the community.

Historic structure. As used in EC 9.6705 to 9.6709, any structure that is:

(A) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(C) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(D) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs.

Historic Thematic Group. A group of resources linked through a common theme, not necessarily geographical. Examples include buildings designed by a famous architect, common landscape features, resources related by a significant development theme, and buildings of the same architectural style, use or era.

Homeless Shelter. A non-profit or public agency providing food, temporary housing, clothing and other support services primarily for adult, transitory individuals.

Home Occupation. An activity that is incidental to a dwelling’s residential use and which involves the profit or non-profit exchange of goods or services.

Hospital. An institution that maintains and operates facilities for the 24 hour diagnosis, treatment and care of 2 or more non-related individuals, and which is devoted primarily to the rendering of in-patient or emergency 24 hour healing, curing, obstetric, and/or nursing care.

Hotel/Motel. A building or group of buildings containing 6 or more guest rooms that are used, rented, or hired out for sleeping purposes on a nightly or weekly basis. Guest rooms may have cooking facilities and may or may not be accessible from an outdoor parking area.

Impervious surface/area. Any surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from conditions pre-existing to development. Types of impervious surface include, but are not limited to, rooftops, asphalt and concrete parking lots, driveways, roads, sidewalks, and pedestrian plazas. Note: Slatted decks are considered pervious. Gravel surfaces are considered pervious unless they cover impervious surfaces or are compacted to a degree that causes their runoff coefficient to exceed 0.8.

Improved Public Right-of-Way. A public right-of-way that has been developed with improvements for use by the public.

Income-Qualified Middle Housing. A unit in a duplex, triplex, fourplex, townhouse or cottage cluster exclusively for low-income individuals and/or families, sponsored by a public agency, a non-profit housing sponsor, a developer, a combination of the foregoing, or other alternatives as provided for in the Oregon Revised Statutes or Federal Statutes, to undertake, construct, or operate housing for households that are low-income. For purposes of this definition, low-income means having income at or below 80 percent of the area median income.

Institutional Use. Includes, but is not limited to churches, hospitals, schools, public parks (other than neighborhood parks), libraries, post offices, and convention centers.

Intensification (as used in Willamette River Greenway Permits beginning at EC 9.8800). Any additions that increase or expand the area or amount of an existing use, or the level of activity. Remodeling the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair that is usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use.

Interior Lot Line. Any lot or parcel line that is not a front lot line. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.) For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, any portion of a lot line that does not abut a street or alley.

Interior Yard Setback. An area of a lot that is adjacent to a property line that is not also a street lot line. The minimum depth of the area is as required by zoning standards. Interior yards include side and rear yards. (See Figure 9.0500 Front and Interior Yards.)

Interpretive Center. A facility that is open to the public and constructed and used for the purpose of educating people about the local environment and cultural history.

Interpretive Information Kiosk. A multiple faced sign constructed and used for the purpose of educating people about the local environment and cultural history.

Invasive, Non-Native Plants. Plant species included in Part 4 of the list adopted as Exhibit F to Ordinance 20351, or as subsequently amended by administrative order of the City Manager pursuant to EC 2.019.

Jurisdictional Wetland. See wetland.

Kennel. An establishment or premises on which 4 or more dogs over 6 months of age are kept or maintained, whether by owners of the dogs or by persons providing facilities and care, and whether or not for compensation, not including the temporary keeping of one additional dog for up to 6 months in any 12-month period. For purposes of this definition, if the “premises” consists of a lot that contains a main dwelling and an accessory dwelling, the “premises” means the lot.

Lamp. Any source of artificial light, such as bulbs, tubes, globes, spotlights, lasers, etc.

Land Division. Creation of legal lots or parcels through a partition or subdivision process.

Lands Committed to Urban Use (as used in Willamette Greenway Permits beginning at EC 9.8800). Those properties that are inappropriate for non-urban uses due to economic, developmental, and/or locational factors. Economic, developmental, and locational factors include, but are not limited to: established ports, employment and industrial, commercial, residential, or recreational uses on or near the subject property; the effect such established uses have upon the subject property; previous public decisions regarding the subject property (as contained in ordinances and adopted plans); and other public actions that affect the subject property.

Legal Lot. A lot of record that has boundary lines that were established:

(A) Through a partition or subdivision procedure,

(B) By a deed that was signed before April 2, 1962, or

(C) Through approval of an application to validate a unit of land consistent with ORS 92.176.

Legal Lot Lines. The property boundaries of a legal lot.

Letter of Map Change (LOMC). As used in sections 9.6705 to 9.6709, an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. The following are categories of LOMCs:

(A) Conditional Letter of Map Amendment (CLOMA). A CLOMA is FEMA’s comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1-percent-annual-chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.

(B) Conditional Letter of Map Revision (CLOMR). A CLOMR is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

(C) Conditional Letter of Map Revision based on Fill (CLOMR-F). A CLOMR-F is FEMA’s comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway.

(D) Letter of Map Amendment (LOMA). An official amendment, by letter, to the Flood Insurance Rate Maps (FIRMs) based on technical data showing that an existing structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area.

(E) Letter of Map Revision (LOMR). A LOMR is FEMA’s modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LOMR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.

(F) Letter of Map Revision based on Fill (LOMR-F). A LOMR-F is FEMA’s modification of the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

(G) A PMR is FEMA’s physical revision and republication of an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

Living Area. The gross floor area of the portion of a building designed and used primarily for human habitation.

Loading Area. An off-street area or loading dock that abuts a street, alley, or other appropriate means of ingress and egress, and which is on the same lot as a main building or which is contiguous to a group of buildings, used for the temporary parking of commercial vehicles while loading or unloading.

Lot. A unit of land that is created by the subdivision of land as provided for in this land use code. Otherwise, the words “lot” and “parcel” are used interchangeably. (Note: See also definition of “Parcel,” “Legal Lot,” and “Lot of Record.”)

Lot and Parcel. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, “lot” and “parcel” are used interchangeably in all cases, and both terms mean a “Legal Lot,” as defined in EC 9.0500.

Lot, Cottage Cluster. A lot or parcel that meets the minimum lot area required for the development of a cottage cluster.

Lot Coverage. That portion of a lot which, when viewed directly from above, would be covered by a building or structure, or any part thereof, except that the following structures or parts of structures shall themselves not be included in calculating lot coverage:

(A) Any part of a structure without a roof.

(B) Roof eaves.

(C) Carports, porches, and balconies that are open at least 50 percent of their respective perimeter. The percentage calculation for adjacent carports, porches, and balconies that are separated by a common wall shall be determined individually for each carport, porch, or balcony.

Lot Depth. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Lot, Duplex. A lot or parcel that meets the minimum lot area required for the development of a duplex.

Lot, Fourplex. A lot or parcel that meets the minimum lot area required for the development a fourplex.

Lot Frontage. That portion of a single lot abutting the street. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Lot Line. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, unless more specifically defined in those standards, a lot line is single lot line segment, or continuous series of connected lot line segments. (See EC 9.3631(1)(c).)

Lot of Record. A tract of land described on a document that is on record at the Lane County Recorder’s office and that conforms with all applicable state and local land use requirements, including approval thereof, in effect when the document creating the lot was recorded.

Lot Rear Line. The lot line that is opposite to and most distant from the lot or parcel front line. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Lot Side Line. Any lot or parcel line that is not a lot or parcel front or rear line. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Lot, Triplex. A lot or parcel that meets the minimum lot area required for the development of a triplex.

Lot Width. The horizontal distance between the midpoints of the side property lines. Where more than one side property line exists along a given side yard, the combined length of the side property lines shall be used to determine the midpoint. Alley access parcel width is the distance between side lot lines measured along the alley property line. (See Figure 9.0500 Lot Lines, Lot Frontage, Lot Width, Lot Depth.)

Lowest floor. As used in EC 9.6705 to 9.6709, 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 non-elevation design requirements of this ordinance.

Main Entrance. The principal entry through which people enter the building. A building may have more than one main entrance. For places of business, a main entrance door may not be a door that is locked during normal business hours.

Manufactured Home/Dwelling Park.

(A) Any place where 4 or more manufactured dwellings are located within 500 feet of one another 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. “Manufactured dwelling park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than 1 manufactured dwelling per lot if the subdivision was approved by the city. “Manufactured dwelling park” also does not include a development permitted as a fourplex or a cottage cluster.

(B) As used in sections 9.6705 to 9.6709, “Manufactured dwelling park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

Manufactured Home/Manufactured Dwelling.

(A) A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction. A “manufactured dwelling” includes a residential trailer, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and was constructed before January 1, 1962, a mobile home meeting the above requirements that was constructed between January 1, 1962 and June 15, 1976 and met the construction requirements of Oregon mobile home law in effect at the time of construction, and a manufactured home meeting the above requirements. “Manufactured dwelling” does not mean any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the One and Two Family Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer. A manufactured home accessory building or structure includes any portable, demountable or permanent structure established for use of the occupant of the manufactured structure and as further defined by rule of the Director of the State Department of Consumer and Business Services.

(B) As used in sections 9.6705 to 9.6709: a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.”

Marquee. Any permanent roof-like structure, other than an awning, projecting beyond a building and generally designed and constructed to provide protection from the weather.

Marquee Sign. A sign on or above a marquee and attached only to a marquee. Marquee signs do not include under-marquee signs.

Mean sea level. As used in EC 9.6705 to 9.6709, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community’s Flood Insurance Rate Map are referenced.

Metro Plan. The Eugene-Springfield Metropolitan Area General Plan, is the regional comprehensive land use plan for the cities of Eugene and Springfield and those parts of Lane County within the urban growth boundary. The jurisdictional boundary of the plan also includes a slightly larger geographic area outside the urban growth boundary west of I-5. The city is taking incremental actions to adopt the Envision Eugene Comprehensive Plan and to make corresponding portions of the Metro Plan inapplicable to the city.

Middle Housing. The following dwelling types: duplexes, triplexes, fourplexes, townhouses, and cottage clusters.

Middle Housing Conversion. A duplex, triplex, or fourplex created through addition to or conversion of an existing building other than an accessory building.

Middle Housing Land Division. A partition or subdivision of a lot or parcel on which the development of middle housing is allowed by this land use code. A middle housing land division is processed pursuant to EC 9.7900 through EC 9.7925 and governed by the application requirements and approval criteria in EC 9.8191 through EC 9.8199.

Middle Housing Lot. A lot or parcel created through a middle housing land division.

Native Plants, Native Vegetation, (including native trees and native shrubs). Plant species identified as “Native Plants” or “Native Vegetation” in accordance with the lists adopted as Exhibit F to Ordinance No. 20351,or as subsequently amended by administrative order of the City Manager pursuant to EC 2.019.

Natural Drainageways. Natural rivers, streams, channels, creeks, or other areas that naturally convey stormwater runoff or portions thereof that have not been channelized, and which retain a predominantly natural character.

Natural Functions and Values. Characteristics of a site that contribute to the healthy and effective functioning of natural processes on the site, along with the contribution made by the site to the healthy and effective functioning of the larger natural resource system of which the site is a part; including but not limited to improvement of water quality, provision of food, water and cover for wildlife, storage capacity for flood waters, protection against erosion, sediment removal, fisheries habitat, and groundwater recharge or discharge.

Natural Resource Area. The area within the mapped boundaries of any locally inventoried wetland, pond, stream, channel, river, lake or upland wildlife habitat area.

Neighborhood Activity Center. A building or premises used for recreational, social, educational, or cultural activities, open to the public or a designated part of the public, which is a common destination or focal point for community activities. Includes primary and secondary schools, neighborhood parks and playgrounds, and shopping centers.

New construction. As used in EC 9.6705 to 9.6709, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted into this code and includes any subsequent improvements to such structures.

Nodal Development. A mixed use, pedestrian friendly land use pattern that seeks to increase concentrations of population and employment in well-defined areas with good transit service, a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian and transit oriented.

North-South Dimension. The length of a line beginning at the midpoint of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it intersects another lot line. For irregularly shaped lots, the midpoints of the 2 southernmost lot lines shall be connected to form a line for the purpose of determining north-south dimension. (See Figure 9.2790(2)Solar Lot Requirements and Figure 9.2795 Solar Setback Standards.)

Northern Lot Line. The lot line that creates the smallest angle with a line drawn east-west and intersecting the northmost point of the lot. If the north line abuts an undevelopable area on another lot other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If 2 lot lines have an identical angle relative to a line drawn east-west, then the northern lot line shall be a line 10 feet in length within the lot parallel with and at a maximum distance from the front lot line. (See Figure 9.2790(2)Solar Lot Requirements.)

Nursing Home. A residence, institution, or other place other than a hospital or assisted care facility that operates and maintains facilities providing 24-hour convalescent or chronic care, or both, for 2 or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. For purposes of determining residential density, if the design of the facility does not contain dwellings, as defined in this land use code, then every 1.5 beds equals 1 dwelling. Fractional dwellings shall be rounded to the next highest integer, e.g. 2 beds equals 2 dwellings.

Oil control facility. Any structure or drainage device that is designed, constructed, and maintained to remove oil and grease from storm runoff.

Open Space. Unless otherwise specified in this land use code, the portion of a development site not devoted to buildings, parking, or driveways.

Open Waterway. A natural or human-made swale, creek, stream, open channel, ditch or other similar water feature, that has a defined and identifiable channel with slopes, that is predominantly of earthen material, and that has the specific function of conveying and/or storing stormwater runoff.

Outdoor Lighting Fixture. The assembly that holds the lamp(s) in a luminaire, including the ballast, housing, attachment parts, and the elements designed to control the output of the light, such as a reflector (mirror) or refractor (lens).

Outdoor Living Area. An area designed to provide an outdoor or semi-outdoor environment for the occupants of a dwelling. It includes natural ground area, paved and rooftop areas, balconies, porches, patios, terraces, verandas, and similar areas developed for active or passive recreational activities. Portions of exterior balconies required for building exits are not included in "outdoor living area."

Outdoor storage. The retention, by the permitted use on-site, of raw or finished materials, containers, equipment including vehicular fleet, or other property outside a building for an extended period of time. Items stored inside a building that is not enclosed on 100 percent of the area of its sides is considered outdoor.

Owner. An individual, association, partnership, or corporation having legal or equitable title to land other than legal title held only for purpose of security. For the purpose of notice, the owner may be determined using the latest Lane County assessment roll. For purposes of Annexation Application Procedures and Criteria (EC 9.7800 through 9.7835), See definition at EC 9.7805.

Parcel. A unit of land that is created by the partition of land as provided for in this land use code. See also “Lot of Record,” “Legal Lot,” and “Lot.”

Parking Area. Any area which can be used by motor vehicles, recreational vehicles, trailers, and boats for parking, including driveways and access aisles providing access to the parking stalls.

Parking Court. A parking area designed to provide parking spaces for a group of dwellings in a manner that is attractively designed.

Parking Space. A permanently maintained space with proper access for 1 motor vehicle as indicated in this land use code.

Partition. The division of a tract of land, in accordance with this land use code, into two or three parcels within a calendar year. A partition does not include:

(A) Divisions of land resulting from lien foreclosures.

(B) Divisions of land resulting from the creation of cemetery lots.

(C) Adjustment of a lot or parcel line by the relocation of a common boundary where an additional parcel or lot is not created and where the existing parcel or lot reduced in size by the adjustment is not in conflict with any applicable law or ordinance, including but not limited to provisions pertaining to minimum area, frontage, width and required setbacks.

(D) Divisions of land resulting from foreclosures of recorded contracts for sale of real property.

(E) The sale of a lot in a recorded subdivision, even though the lot may have been acquired by a single owner with other contiguous lots or properties prior to the sale.

(F) A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes provided that such road or right-of-way complies with the applicable comprehensive plan and state law.

Peak Hour. The 4 highest contiguous 15-minute traffic volume periods.

Pedestrian. Any person afoot or using any type of wheelchair.

Pedestrian Facilities. Improvements, including sidewalks, walkways, and crosswalks that provide for public pedestrian traffic, together with related improvements, such as lighting and benches.

Pedestrian Scale Lighting. Light standards or placements no greater than 14 feet in height located along walkways.

Performance Agreement. An agreement guaranteeing compliance with conditions of approval required by provisions of this land use code to be executed by an applicant and the city prior to issuance of certain permits.

Performance Bond. A financial commitment as required by the city and executed by an Oregon licensed surety company.

Perimeter Wall. The exterior wall of a building.

Petition for Improvement. A petition as required by the city and submitted to and accepted by the city council or city engineer for construction of public improvements as required by this code.

Planning and Development Department Director. The person authorized by the city manager to carry out the duties of the city’s planning and development department director, or the planning and development department director’s designee.

Planning Commission. The commission created by the city council to help plan for the orderly growth and development of the city.

Planning Director. The person authorized by the city manager to carry out the duties of the city’s planning director under this code, or the planning director’s designee(s).

Plat. The final map, drawing, and other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision, partition, or replat thereof.

Porch. A structure attached to a building to shelter an entrance or serve as a semi-enclosed space, usually roofed and generally open sided.

Portable Sign. A sign placed in one location that is not permanently connected to the ground or a structure, or carried or moved during display. Portable signs include, but are not limited to: signs designed to be transported by means of wheels, signs converted to A – or T – frames, menu and sandwich board signs, and signs attached to or painted on parked vehicles. Hand-carried signs are not portable signs.

Portico. A porch or covered walk attached to a building supported by columns sheltering an entrance or serving as a semi-enclosed space.

Practical/Practicable. Attainable or feasible without undue financial hardship or violation of other laws or regulations.

Practical/Practicable, to the Maximum Extent. The greatest degree attainable or feasible without undue financial hardship or violation of other laws or regulations.

Primary Windows. Windows that serve areas where most daytime activities occur, primarily living rooms, dining rooms, family rooms, greatrooms, and kitchens.

Private Access Agreement/Easement. A recorded legal document in a form acceptable to the city, in which one property owner irrevocably grants to the owner(s) of 1 or more neighboring lots or parcels, and their successors in interest, a right to pass over his or her property to gain access to a public or private street together with any appropriate maintenance responsibilities.

Private Open Space. A semi-enclosed area that is intended for use by the occupants of one dwelling unit. Private open space may include porches, patios, balconies, terraces, roof-top gardens, verandas, and decks.

Projecting Sign. A sign other than a wall sign that projects from and is supported by a wall of a building or structure.

Property Lines. The boundaries of an ownership of a tract of land. These property lines do not necessarily indicate the boundaries of legal lots and may not coincide with “tax lots”, as depicted on the Lane County Assessor’s Maps.

Property suspected or known to contain contaminants in the soil or groundwater. Any real property where the presence of any hazardous substance or petroleum product indicates an existing release, past release, or threatened release of a hazardous substance or petroleum product into the ground, ground water, or surface water of the property.

Protected Wetland, Protected Natural Resource. A wetland or other natural resource identified for protection in an adopted plan or located on a lot zoned NR natural resource.

Public Accessway. A publicly owned or controlled interconnecting paved way that provides pedestrian and/or bicycle passage.

Public Notice. A description of a land use proposal, application, decision, or permit that is provided to inform citizens of a development proposal in the process of being reviewed by city staff or city officials, or of a land use decision or permit that has been approved by city staff or city officials.

Public Way. Any street, road, alley, right-of-way, pedestrian or bicycle easement or accessway, or utility easement for public use that is controlled by the city, county, or state.

Rare Plants. Any plant species which are listed or officially proposed to be listed on adopted local, state or federal "Rare, Threatened or Endangered Species" lists.

Readerboard Sign. A sign with a sign face of less than 200 square feet, or a portion of any such sign, on which characters, letters, or illustrations can be changed or rearranged manually without otherwise altering the surface of the sign.

Reconfiguration of Lots or Parcels. Changes to legal lot lines that result in any of the following:

(A) Creation of an additional lot or parcel;

(B) More than 2 changes to any of the boundaries of an individual lot or parcel within 1 calendar year;

(C) A change in the size of a lot or parcel by more than 200 percent; or

(D) Creation of substandard public facilities or services, including, but not limited to, streets (access and widths), access easements, and public utility easements.

Recreational Vehicle.

(A) A vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, and that has a gross floor area not to exceed 400 square feet in set up mode.

(B) As used in sections 9.6705 to 9.6709, a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling-Composting Facility. Activities requiring a general permit from the Department of Environmental Quality that produce more than 2,000 tons in a calendar year for green feedstocks and more than 5,000 tons in a calendar year for yard debris and wood waste only.

Recycling – Deconstruction, Reuse, Resale. A facility that takes in common household goods or home furnishings, and then disassembles or repurposes the products for reuse or resale. Compared to traditional manufacturing uses, this use does not utilize raw materials, is not reliant upon national rail or truck shipping routes, and conducts the majority of operations indoors.

Recycling-Large Collection Facility. A facility occupying an area of more than 1,000 square feet, that may include permanent structures, primarily designed for the collection of recyclable materials. A recycling facility does not include storage containers used solely for the collection of recyclable materials generated on the parcel.

Recycling-Reverse Vending Machine. An automated mechanical device that accepts 1 or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by State law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

Recycling-Small Collection Facility. A facility primarily designed for the collection of recyclable materials. A recycling facility does not include storage containers used solely for the collection of recyclable materials generated on the parcel. The facility occupies 1,000 square feet or less and may include:

(A) A mobile unit for the collection of recyclable materials;

(B) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and

(C) Kiosk-type units that may include permanent structures.

Refinement Plan. A detailed examination of the service needs and land use issues of a specific area, topic, or public facility. Refinement plans of the Metro Plan can include specific neighborhood plans, special area plans, or functional plans (such as the Eugene 2035 Transportation System Plan and TransPlan) that address a specific Metro Plan element or sub-element on a city-wide or regional basis.

Residential Building. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, a building that contains one or more dwellings.

Residential Character. A combination of qualities and features that gives identity to a particular area where the predominant use is housing and that distinguishes the area from other areas.

Residential Treatment Center. A professionally operated 24-hour care facility administering a planned system of medical, psychological, social work and/or rehabilitative procedures and activities designed to relieve or minimize mental, emotional or behavioral disorders. Residential treatment centers serve people admitted by court order, and others on a voluntary basis. Residential treatment centers normally serve less than 50 persons and can provide a security system alarming staff if residents under care leave the facility. For purposes of determining residential density, if the design of the facility does not contain dwellings, as defined in this land use code, then every 1.5 beds equals 1 dwelling. Fractional dwellings shall be rounded to the next highest integer, e.g. 2 beds equals 2 dwellings.

Roof Sign. A sign constructed upon or which projects above the roof or parapet of a structure.

Screening. A method of visually shielding or obscuring an area through the use of fencing, walls, berms, or densely-planted vegetation.

Secondary Windows. Those windows serving bedrooms, bathrooms, kitchens, stairwells, and corridors.

Sedimentation Ponds. A basin or pond with a controlled stormwater release structure that is intended to collect and store sediment and that is designed to allow sediment to settle out of the flow before being released from the pond.

Service Station. A place where motor fuel and oil for motor vehicles is sold. Incidental services consist of selling, servicing and installing tires, batteries, accessories and related products, as well as minor repair and service when conducted entirely within an enclosed building. "Minor repair and service," as used in this definition, excludes activities such as painting, body work, steam cleaning, tire recapping, major engine or transmission overhaul or repair involving removal of a cylinder head or crankcase, and mechanical car washing that includes equipment to wash more than one car at a time.

Setback. See “Yard”, “Front Yard Setback”, or “Interior Yard Setback”.

Shade Point. The part of a building that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 22.6 degrees and an azimuth ranging from 30 degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of 3 feet or less, a chimney, utility pole or wire. The height of the shade point shall be measured from the shade point to lowest grade directly below the shade point. If the shade point is located at the north end of the ridgeline of a building oriented within 45 degrees of the true north-south line, the shade point may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of the true east-west line with a pitch that is flatter than 5 feet (vertical) in 12 feet (horizontal), the shade point will be the eave of the roof. If such a roof has a pitch that is 5 feet in 12 feet or steeper, the shade point will be the peak of the roof. (See Figure 9.2795(2) Shade Point Height (SPH) Measurement, Figure 9.2795(2)(a) R-1 Solar Setback Calculation, and Figure 9.2795(2)(b) R-2 Solar Setback Calculation.)

Shadow Pattern. A graphic representation of an area that would be shaded by 22.6 degrees and an azimuth ranging between 30 degrees east and west of true north – south axis. (See Figure 9.2795(2) Shade Point Height (SPH) Measurement, Figure 9.2795(2)(a) R-1 Solar Setback Calculation, and Figure 9.2795(2)(b) R-2 Solar Setback Calculation.)

Shopping Center. A development site with at least 50,000 square feet of gross floor area and with 2 or more business occupants engaged in retail trade.

Sign. Any device, fixture, placard, or structure that is not entirely within an enclosed building, when its message is visible from a public or private way or another development site, and which uses any word, letter, or logo to advertise or to communicate information of any kind. For purposes of the Eugene sign regulations, searchlights, beacons, strings of lights, banners, flags, pennants, and inflated devices shall be considered signs.

Sign Clearance. The distance between the lowest portion of a sign and the finished surface clearance of the ground, paving, or sidewalk under the sign.

Sign Construction. The act of building, erecting, or otherwise placing a sign in use, including any work done on an existing sign other than sign maintenance.

Sign Contractor. A person engaged in the business of sign construction or sign maintenance required to be registered by the Oregon Construction Contractors Board.

Sign Direction. The direction a sign or sign element faces, including all directions in which the display copy is visible.

Sign Element. That portion of a sign wholly contained within a separating sign trim or otherwise presenting a self-defined unit.

Sign Face. The functional surface of a sign, including all sign elements facing in the same direction.

Sign Height. The vertical distance from the grade to the highest point of a sign or sign structure. All sign heights, including roof signs, shall be measured from the grade. (Refer to Figure 9.6640(3)(f) Sign Height Calculation.)

Sign Maintenance. Work to preserve and use a sign, including manual changes in the display copy on signs designed and intended for such changes. Sign maintenance includes repairs to damaged signs unless the cost of the repair exceeds 50 percent of the value of the sign during the most recent period of use before repairs are to be initiated.

Sign Orientation. The general direction the sign faces from which the sign copy is designed to be seen and is most easily visible. A sign face parallel to a street and not oriented toward another direction of travel shall be considered to be oriented toward both directions of travel along the street.

Sign Structure. Any materials used to support or contain a sign, but not including buildings or other structures constructed primarily for purposes other than sign support.

Sign Surface Area. The total area of each sign face.

Significant Vegetation. Vegetation that is healthy, structurally sound, and environmentally appropriate for the site. Vegetation that lacks any of these factors is not significant.

Significant Tree. A living, standing tree having a trunk with a minimum cumulative diameter breast height of 8 inches, or, when there are multiple trunks, having a minimum cumulative diameter breast height of 8 inches, considering the 2 largest trunks measured at 4.5 feet above mean ground level at the base of the trunk or trunks.

Single Room Occupancy. A building containing at least 9 residential rooms for occupancy by individuals. Each room is without a kitchen, but may have provision for counter-top appliances and refrigerator. The toilet/bath may be private or shared with another single room occupancy (SRO) room(s). Four SRO rooms shall constitute 1 SRO dwelling. For purposes of determining residential density, 4 SRO rooms equal 1 dwelling. Fractional dwellings shall be rounded to the next highest integer, e.g. 5 SRO rooms equal 2 dwellings.

Site Improvements. Includes, but is not limited to, landscaping, parking lot improvements, bicycle parking improvements, fences, sheds, paving, and any other development, except building alteration.

Solar Access. Unobstructed exposure to direct sunlight.

Solar Feature. A device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a building, heating or pumping of water, and generating electricity. Examples of a solar feature include a window oriented to within 45 degrees east-west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall or window. A south-facing wall enclosing an unheated area, and without windows and without other features that use solar energy is not a solar feature for the purposes of this land use code (for example, an unheated garage).

Solar Setback. The shortest horizontal distance from the northern lot line to the shade point.

Source control. Any structure, device, or design that is used to eliminate or reduce pollution from a source.

South. True south or within 20 degrees east of magnetic south.

South Wall. A wall of any building oriented no more than 45 degrees from due south or any wall so defined by rules adopted under this land use code.

Special flood hazard area. As used in EC 9.6705 to 9.6709, see “Area of special flood hazard” for this definition.

Special Setback. A setback instituted to prohibit development within areas of planned future right-of-way acquisition. The special setback is measured from the location of the planned future right-of-way line.

Specialty Retail. A type of retail presenting distinctive merchandise in a unique way, such as shops offering one-of-a-kind merchandise (such as a fine luggage store), or traditional goods presented in an interesting format (such as a boutique). Typically, specialty retail stores are relatively small with retail space frequently ranging from 400 to 2,000 square feet.

Stand of Trees. A group of three or more significant trees, whose canopies touch or whose critical root zones overlap; and that includes the trees, shrubs and groundcover plants that occupy the ground area beneath the canopies.

Start of Construction. As used in sections 9.6705 to 9.6709, includes substantial improvement and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the permit. 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 dwelling 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 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stormwater Management Manual. The City of Eugene Stormwater Management Manual adopted by the city in the manner set forth in EC 2.019, City Manager – Administrative and Rulemaking Authority and Procedures.

Stormwater Management Facility. Any structure or configuration of the ground that is used or, by its location, becomes a place where stormwater flows or is accumulated, including but not limited to, pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways, runoff control facilities, wetlands, and their accessories.

Stormwater Quality Facility. Any structure or drainage device that is designed, constructed, and maintained to collect and filter, retain, or detain surface water runoff during and after a storm event for the purpose of maintaining or improving surface and/or groundwater quality.

Street. An improved or unimproved public or private way, other than an alley, that is created to provide ingress or egress for vehicular traffic to one or more lots or parcels, excluding a private way that is created to provide ingress or egress to land in conjunction with the use of land for forestry, mining, or agricultural purposes. A “street” includes the land between right-of-way lines within the ingress/egress easement areas serving multiple residential lots but excluding “flagpole” portions of flag lots.

Street-Fronting Lot. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at EC 9.3600 through 9.3640, a lot or parcel that abuts a street for at least the minimum frontage length applicable to the lot as specified at EC 9.3630.

Street Lot Line. A lot line separating a street from other land.

Streetscape. The built and planted elements of a street that define the street’s character.

Street Tree. A living, standing tree with a trunk diameter or, for trees with multiple trunks, a cumulative trunk diameter, of at least 1-1/2 inches at a point 6 inches above mean ground level at the base of the trunk, and that is located within the public street right-of-way, or shown on an approved street tree plan.

Structure.

(A) Anything constructed or built, 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.

(B) As used in sections 9.6705 to 9.6709, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

Structured Parking. A publicly or privately owned structure having two or more levels, designed and used for parking 4 or more motor vehicles.

Subdivision. Either an act of subdividing land, or an area or tract of land subdivided into 4 or more lots within a calendar year, as provided in this land use code.

Subsidized Low-Income Disabled Housing. Subsidized low-Income housing exclusively for low-income individuals with physical or mental disabilities and/or low-income families with physical or mental disabilities. For the purposes of this definition, low-income means having income at or below 80 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

Subsidized Low-Income Housing. A controlled income and rent housing project of any dwelling type(s) exclusively for low-income individuals and/or families where all units are subsidized. For the purposes of this definition, low-income means having income at or below 80 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

Subsidized Low-Income Senior Housing. Subsidized low-income housing exclusively for low-income individuals of age 62 and older. For the purposes of this definition, low-income means having income at or below 80 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

Subsidized Low-Income Senior Housing Partial. A controlled income and rent housing project consisting of any dwelling type(s) where at least 50% of the housing units are exclusively for low-income individuals of age 62 and older and these units are subsidized. For the purposes of this definition, low-income means having income at or below 80 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

Subsidized Low-Income Specialized Housing. A controlled income and rent housing project of any dwelling type(s) exclusively for extra low-income individuals and/or families where all units are subsidized. For the purposes of this definition, extra low-income means having income at or below 50 percent of the area median income as defined by the U.S. Department of Housing and Urban Development.

Substantial damage. As used in EC 9.6705 to 9.6709, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement. As used in sections9.6705 to 9.6709, any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(B) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Tandem Parking Space. A permanently maintained space with proper access for two motor vehicles parked one in front of the other in tandem. The first motor vehicle does not have independent access, and the second motor vehicle must move to provide access to the first motor vehicle.

Tax Lot. A tract of land defined by ownership or tax status as defined by the Lane County Assessment and Taxation office. A tax lot is not necessarily a legal lot.

Telecommunications Ancillary Facilities. The buildings, cabinets, vaults, closures, and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment housing, ventilation and other mechanical equipment.

Telecommunications Antennas. An electrical conductor or group of electrical conductors that transmit or receive radio waves, excluding amateur radio antennas.

Telecommunications Attachment. An antenna or other piece of related equipment affixed to a transmission tower, building, light or utility pole, or water tower.

Telecommunications Collocation. Placement of an antenna on an existing transmission tower, building, light or utility pole, or water tower where the antenna and all supports are located on the existing structure.

Telecommunications Facility. A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices, including transmission towers, telecommunications antennas and ancillary facilities. For purposes of this Land Use Code, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not “telecommunication facilities.”

Telecommunications Facility Stealth Design. A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment.

Telecommunications Provider. A person in the business of designing and using telecommunications facilities including cellular radio-telephones, personal communications services, enhanced/specialized mobile radios, and commercial paging services.

Tentative Plan. A preliminary drawing or diagram concerning a partition, subdivision, or planned unit development.

Theater. A building used for public presentations of entertainment or cultural events.

Through Lot. A lot, other than a corner lot, with frontage on more than one street. Through lots with frontage on two streets may be referred to as “double-frontage” lots.

Topping. Cutting of the branches or trunks of a tree, where such cutting removes:

(A) More than 30 percent of the branches 6 inches in diameter or larger; or

(B) The main trunk or trunks, or as otherwise defined in the edition of the American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices in effect at the time the topping occurs, except that topping shall not in any context mean pruning measures commonly used to maintain trees grown for the purpose of crop production.

Townhouse Project. Two or more townhouses constructed, or proposed to be constructed, together with the land that has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.

Traffic Control Device. Any sign, signal, or other device placed, operated or erected under authority of a road authority, as defined by state law, for the purpose of guiding, directing, warning or regulating vehicular or pedestrian traffic.

Transit Authority. A transit district established under ORS 267.010 to 267.390.

Transit, Neighborhood Improvement. Transit amenities such as a bus stop, shelter, or shared-use park and ride with less than 25 spaces where the park and ride use is accessory to an existing church, shopping area, or other principal use. Neighborhood transit improvements may accommodate up to 2 buses.

Transit Park and Ride, Major. Public parking areas accommodating 100 or more motor vehicles, designed to provide access to transit and other transportation services, and which is managed by a public transit agency. These parking areas may function as shared parking areas with other land uses. A major park and ride facility generally includes buses operating off-street and passenger amenities provided off-street, such as larger-style bus shelter, lighting, passenger information, and bicycle storage facilities. Restrooms may be provided for transit employees or the public.

Transit Park and Ride, Minor. Public parking areas accommodating 99 or fewer motor vehicles, designed to provide access to transit and other transportation services, and which is managed by a public transit agency. These parking areas may function as shared parking areas with other land uses. Buses do not generally operate on the site. Buses may serve the park and ride facility from an on-street bus stop that may include a bus turnout and a standard size bus shelter adjacent to the stop.

Transit Station, Major. A transit station that provides on a regular basis, room for 4 or more buses to facilitate customer transfers and/or bus operations. A major transit station may include off-street parking and restrooms for transit employees or the public, and passenger amenities associated with major park and ride facilities. A major transit station may be an off-street or on-street facility or a combination of the 2.

Transit Station, Minor. A transit station that provides on a regular basis, room for 2 or 3 buses to facilitate customer transfer or bus operations. A minor transit station is usually designed as a large bus turnout near key intersections and is usually an on-street facility. Minor transit stations may include off-street parking.

Transmission Tower. The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this land use code, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not “transmission towers.” Transmission towers include the following:

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

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

Transmission Monopole. A single upright transmission pole, engineered to be self – supporting and does not require lateral cross supports or guy wires.

Tree. A self supporting, perennial woody plant characterized by one main trunk, or in some cases, multiple trunks, and one main canopy of leaves, usually growing to a height of 15 feet or more.

Tree Preservation. Protection of an existing tree from damage or stress such that the tree is likely to survive and continue to grow normally in a healthy condition, through measures that avoid or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may include, but are not limited to, installation of tree protective fencing, mulching and watering of roots, supervision of work by an arborist, installation of aeration or drainage systems, root pruning, and use of non-destructive excavation techniques.

Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 30% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices in effect at the time the pruning occurs.

Trim. The moldings, batten, capping, nailing strips, latticing, and platforms which are attached to a sign.

Truck, Heavy. A truck of one-ton capacity or more and not bearing a state recreational vehicle insignia.

Under-Marquee Sign. A sign that is attached only to a marquee or awning and which is suspended or projects downward from a marquee or awning and has no portion of the sign above the bottom surface of the marquee or awning structure.

Under-Story Tree. A tree that at maturity is smaller than, and does not meet the definition of, a canopy tree as defined in this land use code.

Unimproved Public Right-Of-Way. A public way that has not been developed with improvements for use by the public.

Urban Forester. The person authorized by the city manager to carry out the duties and responsibilities of the city’s urban forester under provisions of this code.

Urban Growth Boundary, UGB. A site-specific line, delineated on a map or by written description, that separates the projected urban service area from rural land.

Urban Plaza. The land between a building and property line or street paved with a hard surface for use by pedestrians containing a minimum of two pedestrian amenities such as seating areas, covered playground area, kiosk area, water feature, interpretive display, public art, or other similar focal feature or amenity.

Use. The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is occupied or maintained.

Vanpool. A group of 7 to 15 commuters, including the driver, who share the ride to and from work on a regularly scheduled basis.

Variance. A grant of relief from an identified development standard that permits activity that would otherwise be prohibited by those sections.

Vegetation Removal. Destruction, physical removal, removal of the majority of the plant above ground, up-rooting, or lethal application of herbicides.

Vehicle Use Area. Parking spaces, driveways, interior roadways, loading areas, and fleet vehicle storage areas.

Vertical Separation. For purposes of EC 9.2170, vertical separation means the vertical distance from the finished grade to the finished ground floor.

Violation. As used in EC 9.6705 to 9.6709, the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

Visible Light Transmittance (VLT). The amount of visible light that passes through the glazing material of a window, expressed as a percentage.

Vision Clearance Area. A triangular area within a lot immediately adjacent to the intersection of streets to provide a clear area for viewing approaching traffic for public safety purposes. For the intersection of 2 improved public rights-of-way, the vision clearance area is the triangular area of the lot at the intersection of two lot lines. At the intersection of a public street and a private street, the vision clearance area is the triangular area of the lot at the intersection of the lot line and each edge of the street. For all vision clearance areas, the apex is located at the intersection of the two 35 foot legs, extended if necessary. The base of the triangle extends diagonally across the lot intersecting the two legs an equal distance from the apex. (See Figure 9.0500 Vision Clearance Area.)

Wall Sign. Any sign painted upon or attached to the wall of a building which does not project more than 12 inches from the surface of a wall. Signs placed on or attached to a mansard roof are considered wall signs provided they do not project or extend above the roof line.

Water-dependent. A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.

Water Features. Permanent or intermittent bodies of water, including streams, ponds, rivers, lakes, drainage channels, open waterways and jurisdictional wetlands.

Water Quality Design Storm. A theoretical storm for estimating the amount of stormwater runoff to be treated. Facilities designed to store and treat a volume of stormwater shall be sized in accordance with the Stormwater Management Manual.

Water-related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.

Wetland. Any parcel or portion of a parcel which meets the state or federal definition of wetlands that are under the jurisdiction of state or federal laws. Synonymous with "jurisdictional wetland".

Wetland Boundary. Any mapped wetland boundary produced by methods consistent with state and federal law and policy and for which a concurrence has been made in writing by the applicable state or federal agencies. Synonymous with "accepted jurisdictional wetland boundary" and "jurisdictional wetland boundary".

Wholesale. Establishments engaged in receipt, storage, and distribution of goods by truck, rail, or air to retailers and other wholesale vendors, but do not involve direct sale to the public.

Wildlife Care Center. A place were rehabilitation of an injured, sick, or immature wild bird, mammal, amphibian, or reptile occurs to a condition where it is capable of being released into the wild or, if incapable of survival on its own, retained for educational purposes or transferred to an organization, educational institution, museum, publicly funded zoo or other facility as determined by the Oregon Department of fish and Wildlife.

Wrecking Yard, Motor Vehicles and Building Materials. A premise used for the storage and dismantling of used motor vehicles, manufactured dwellings, recreational vehicles, machinery and/or building materials, or parts thereof. May also include sale of parts or materials.

Yard. Required space on the same lot with a building, unoccupied, and unobstructed from a point 30 inches above grade upward, except as otherwise provided herein. (See also Front Yard Setback and Interior Yard Setback.)

(Section 9.0500, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20269, enacted November 25, 2002, effective December 25, 2002; Ordinance No. 20299, enacted October 22, 2003, effective November 21, 2003, remanded on February 25, 2005 and provisions administratively removed April 11, 2005; amended by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20355, enacted December 12, 2005, effective January 13, 2006; Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; Ordinance No. 20400, enacted December 10, 2007. effective January 1, 2008; Ordinance No. 20412, enacted July 14, 2008, effective August 16, 2008; Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009, Ordinance No. 20430, enacted March 9, 2009, effective June 10, 2009; Ordinance No. 20447, enacted December 14, 2009, effective January 16, 2010; Ordinance No. 20449, enacted December 14, 2009, effective January 16, 2010; Ordinance No. 20457, enacted March 8, 2010, effective April 10, 2010; Ordinance No. 20492, enacted May 14, 2012, effective June 15, 2012; Ordinance No. 20502, enacted November 26, 2012, effective December 28, 2012; Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013; Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014; Ordinance No. 20526, enacted March 12, 2014, effective April 12, 2014; Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; Ordinance No. 20541, enacted July 28, 2014, effective August 29, 2014, Ordinance No. 20546, enacted November 24, 2014, effective December 24, 2014; Ordinance No. 20557 enacted July 27, 2015, effective August 30, 2015; Ordinance No. 20569, enacted November 14, 2016, effective December 17, 2016; Ordinance No. 20582, enacted June 26, 2017, effective July 31, 2017; Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017; Ordinance No. 20594, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20595, enacted June 11, 2018, effective July 1, 2018, remanded on November 29, 2018, and provisions administratively removed; Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020, remanded on November 24, 2020, and provisions administratively removed; Ordinance No. 20642, enacted October 12, 2020, effective November 20, 2020; Ordinance No. 20657, enacted July 26, 2021, effective August 27, 2021; Ordinance No. 20659, enacted September 15, 2021, effective September 17, 2021; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20684, enacted March 8, 2023, effective April 14, 2023; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023; Ordinance No. 20699, enacted November 13, 2023, effective December 31, 2023.)