17.06.015 General Definitions.
Abutting – Two or more lots joined by a common boundary line or point.
Abutting does not apply to buildings, uses or properties separated by public right-of-way. Abutting properties may be separated by a private street, alley, or easement (Figure 1).
Figure 1
Access – The way or means by which pedestrians, bicycles, and vehicles enter and leave property. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Accessory Dwelling Unit – A secondary, self-contained single-family dwelling that may be allowed only in conjunction with a detached single-family dwelling. An accessory dwelling unit is subordinate in size, location, and appearance to the primary detached single-family dwelling. An accessory dwelling unit generally has its own outside entrance and always has a separate kitchen, bathroom and sleeping area. An accessory dwelling may be located within, attached to or detached from the primary single-family dwelling. (Ord. 4796 §1(e), 2003).
Accessory Structure – A freestanding structure that is incidental or subordinate in size to the main building and use on the property and located on the same lot as the main building.
Accessory Use – A use that is incidental and subordinate to the main use on the property. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Acre – A unit of land equal to 43,560 square feet.
Adjacent – Contiguous to a property boundary at a property line or property corner. Two properties separated by street or right-of-way are considered adjacent (Figure 2).
Figure 2
Adjoining – See “Abutting.”
Alley – A public or private street which affords only a secondary means of access to the property. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Alter – Any change, addition, or modification in construction of a structure or building. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Annexation – Repealed by Ord. 5106 §2 (Exh. B), 2021.
Apartment House – See “Dwelling, Multifamily.”
Appeal – A formal challenge to a land use decision.
Applicant – A person who applies for a land use review. An applicant can be the owner of the property or someone who is legally authorized to represent the owner, such as a builder, developer, contract purchaser, consultant, architect, or similar individual.
Architectural Projection – Portions of a building wall that are extended forward so as to create articulation of the exterior building wall.
Architectural Recess – Portions of a building wall that are set back so as to create articulation of the exterior building wall.
Assisted Living – A living arrangement where the elderly or other persons are provided assistance with daily activities such as dressing, grooming and bathing.
Automobile Service Station – A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles, but excluding major repair and overhaul. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Automobile Wrecking Yard – See “Junkyard.” (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Awning – A secondary covering attached to the exterior wall of a building. The location of an awning on a building may be above a window, a door, or over a sidewalk. An awning is often painted with information as to the name of the business, thereby acting as a sign, in addition to providing protection from weather.
Balcony – A platform, enclosed by a parapet or a railing, projecting from an exterior wall of a building.
Basement – Any floor level below the first story in a building. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Bed and Breakfast Establishments – A structure designed and occupied as a residence in which sleeping rooms and a meal are provided on a daily or weekly basis for use by travelers for a charge or fee paid for the rental or use of the facilities. (Ord. 4292 §2(a), 1984; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Berm – A small, man-made mound of earth or hill in a landscape which is intended to provide topographical relief, or buffer or visually screen certain developments.
Boardinghouse, Lodginghouse or Roominghouse – Repealed by Ord. 5047 §2 (Exh. B) (part), 2018. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Boundary Line Adjustment – See “Property Line Adjustment.”
Breezeway – An unenclosed sheltered or covered walkway or path intended to provide shade and/or protection from inclement weather when walking from one structure to another. A patio or similar structure is not considered a breezeway.
Buffer – An area designed to provide space or distance, obstruct undesirable views, serve as an acoustic barrier or generally reduce the impact of adjacent development.
Building – A structure having a base on, or connection to the ground or other structure, built for the support, shelter or enclosure of persons, animals, or property of any kind. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Building Alteration – A change, addition, or modification to a building or structure.
Building Code – The building code presently adopted by the state of Oregon and the city of McMinnville.
Building Façade – Any exterior wall of a building.
Building Height – The vertical distance from the grade to the highest point of a roof (Figure 3). In the case of a naturally sloping property (Figure 4), the height of the building shall be measured from the highest grade to the highest point of a roof.
Figure 3
Figure 4
(Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Building Line – A line that runs parallel with the most forward portion of a building (Figure 5).
Figure 5
(Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Building, Main (Principal) – A structure within which the primary use permitted on the lot is conducted.
Building Official – The superintendent of the building department or his designee. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Business – A commercial, industrial, or non-profit organization or establishment that provides goods and/or services.
Campus Living Organization (fraternity, sorority, or dormitory) – A living organization having a common kitchen located in the structure or located in a separate structure, but providing facilities for student housekeeping which has received official sanction from an institution of higher learning or hospital. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Canopy – An awning supported by at least two columns. A canopy is able to extend further from a building than an awning, as in the case of an entrance to a restaurant or retail store. Canopies can be attached to a building and can also stand alone, such as a fabric-covered gazebo.
Carport – A structure used primarily to offer limited protection to vehicles from the elements. The structure can either be free standing or attached to a wall. A carport shall be subject to all of the regulations prescribed in this ordinance for a private garage.
Cemetery – Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Certified Local Government (CLG) – A city or county that has been certified by the National Parks Service, U.S. Department of the Interior, to carry out the purposes of the National Historic Preservation Act of 1966 (as amended). The CLG program is administered by the State Historic Preservation Office (SHPO) and provides technical and financial assistance to its members.
Change of Use – Change of the primary type of activity on a site.
Child Care Center – Any facility that is certified to provide care to children and is located in a building constructed as other than a residential dwelling. This could include a day nursery, nursery school, preschool or similar unit operating under any name. (Ord. 5104 §2 (Exh. B), 2021).
Child Care Home (Registered or Certified Family Child Care Home) – A facility constructed as a residential dwelling where child care is offered in the home of the provider, on a regular basis, to more than three children from more than one family at any one time other than the provider’s children, and not more than 16 children including children of the provider, regardless of full-time or part-time status. Must be licensed through the Oregon Office of Child Care. (Ord. 5104 §2 (Exh. B), 2021).
Church – A building together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
City – the city of McMinnville, Oregon. The governing structure for the municipality of McMinnville.
City Limits – A boundary line that identifies land within the city of McMinnville.
Clear Vision Area – A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lines measured from the corner intersection of the curb lines for a distance specified in these regulations and illustrated in the diagram below. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the curb lines at intersections have rounded corners, the curb lines will be extended in a straight line to a point of intersection. Where no curb exists, the edge of the improvement shall be substituted for curb line (Figure 6).
Figure 6
(Ord. 4477 §6, 1990; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Clinic – A medical facility for the treatment and examination of outpatients, conducted by a group of physicians, dentists and other licensed practitioners. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Club – A building and facility, owned and operated for a social, educational or recreational purpose, to which membership is required for participation, and not operated primarily for profit or to render a service which is customarily carried on as a business. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Commission – City planning commission. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Common Wall Construction – A building having one or more walls attached to and in common with one or more other buildings; can sometimes be referred to as “zero lot line construction” (Figure 7).
Figure 7
(Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Community Building – A publicly owned and operated facility used for meetings, recreation or education. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Comprehensive Plan – A plan developed by the city to implement the statewide planning goals of the Land Conservation and Development Commission.
Comprehensive Plan Map – A map that describes the long-term direction and vision for the growth and development of McMinnville through specific land use designations including “residential”, “industrial,” or “commercial.”
Comprehensive Plan Text Amendment or Comprehensive Plan Map Amendment – A land use process through which either comprehensive plan text or a specific land use designation as noted on the comprehensive plan map may be changed.
Conditional Use – A use which may be permitted by the authorized review body following a public hearing, upon findings by the authorized review body that the criteria for approval have been met or will be met upon satisfaction of conditions of approval.
Condominium – Ownership of a single unit in a multi-unit structure that includes common areas and facilities; includes residential, commercial, and industrial condominiums and regulated, in part, by Oregon State Law (ORS Chapter 100). (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Conservation Easement – The voluntary granting of a right or interest in real property by a property’s owner that stipulates the condition in which the described land will remain and that limits any future or additional development on a parcel or portion of a parcel while such easement is legally valid.
Contiguous – See “Abutting.”
Cornice – A horizontal decorative molding which crowns a building element. Examples are the cornice over a door or window, along the top of exterior walls, or around the edge of a pedestal.
Council – The council of the city of McMinnville. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
County – Yamhill County.
Criteria – General rules or tests on which a judgment or decision are based.
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 service and emergency vehicles.
Day Care Facility (Adult) – Any facility that provides community based group programs designed to meet the needs of adults with functional and cognitive impairments through individual plans of care that are structured, comprehensive and provide a variety of health, social and related support services in protective settings during part of the day but provide less than 24-hour care. (Ord. 5104 §2 (Exh. B), 2021; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Deck – A covered or uncovered flat-floored, area adjoining a dwelling or other building and adapted especially to outdoor dining and living. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
De Novo – A public hearing in which new testimony and evidence not considered during a prior hearing can be submitted.
Density, Gross – The total number of dwelling units theoretically allowed on a parcel of land, based on its size and zoning designation, not taking into account the area of unbuildable land.
Density, Net – The total number of dwelling units allowed on a parcel of land after subtracting the unbuildable portions of land such as wetlands and land that will be used for public right-of-way or other infrastructure needs.
Develop – To construct or alter a structure, to make a physical change in the use or appearance of land, or to divide land. “Develop” includes, but is not limited to, new construction, building alterations or additions, or site improvements.
Development – The act, process or result of developing. Any man-made change to improved or unimproved property, including but not limited to buildings or other structures, filling, grading, paving, and excavation.
Drive-Through Facility – A facility that provides services directly to patrons in motor vehicles. These types of facilities typically rely on a long driveway or lane that provides adequate room for vehicle stacking at a drive-up service window.
Driveway – The area located outside of the public right-of-way that allows for vehicles to move to or from a development site.
Dwelling, Common-Wall – See “Common Wall Construction.”
Dwelling, Multi-Family – A building containing three or more dwelling units. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Dwelling, Single-Family – A detached building containing one dwelling unit. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Dwelling, Two-Family – A detached building containing two dwelling units and commonly known as a duplex. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Dwelling Unit – A residence containing one or more rooms designed for occupancy by one family and having not more than one cooking facility. This includes both buildings constructed on-site and off-site, such as manufactured homes. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Easement – An interest in land created by grant or agreement which confers a right upon owners to some benefit, dominion, or lawful use of or over the estate of another; such as for access or for utilities.
Excavation – Process of mechanically altering the natural grade by stripping or cutting and/or filling the earth (see Grading).
Façade, building – Any exterior wall of a building.
Façade, Main – The building façade which includes the main store entrance.
Family – For the purpose of this zoning ordinance, “family” refers to:
An individual or two or more persons related by blood, marriage, adoption, or legal guardianship, or other duly-authorized custodial relationship, living together as one housekeeping unit using one kitchen, and providing means of lodging to not more than two additional persons, excluding servants, or a group of not more than five unrelated persons, excluding servants, living together as one housekeeping unit using one kitchen. (Ord. 4988 §1, 2015; Ord. 4479A §1, 1991; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Farming – The use of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof and as further stated in ORS 215.203 (as amended).
Fence – Any obstruction constructed of any materials, including but not limited to wire, wood, cement, brick, plastic, and evergreen or shrubbery planting arranged in such a way as to partially or wholly obstruct vision. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Fence, Sight-Obscuring – A continuous fence, wall, evergreen planting or combination thereof, constructed and/or planted so as to effectively screen the particular use from view. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Final Plat – Final recorded version of a subdivision plat, replat, or partition plat.
Findings – Written statements of fact, conclusions, and determinations based on the evidence presented in relation to the criteria for approving a decision and accepted by the review body in support of a decision.
Fire Service Substation – A building and appurtenances necessary for housing and maintaining vehicles, personnel, and equipment used for fire fighting and emergency medical services and ancillary functions. Such facility shall be secondary to the primary municipal fire station. (Ord. 4944 §1(a), 2011).
Floor Area – The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:
A. Attic space providing headroom of less than seven feet;
B. Basement, if the floor above is less than six feet above grade;
C. Uncovered steps or fire escapes;
D. Private garages, carports or porches;
E. Accessory water towers or cooling towers;
F. Accessory off-street parking or loading spaces. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Frontage – The length of the property line of a lot or parcel along a public right-of-way on which it borders.
Frontage Road – A road parallel and adjacent to abutting properties, but protected from through traffic.
Grade – The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. For the purpose of determining building height, grade is the lowest point of elevation at the building line (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Grading – Stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
Ground Floor Dwelling (Accessory Use to Business) – A ground floor dwelling unit in the same building as a business that is incidental and subordinate to the business use of the building. (Ord. 5060 §2 (Exh. B (part)), 2018).
Group Care Facility – Repealed by Ord. 4479A, 1991.
Guesthouse, Servants’ Quarters – Repealed by Ord. 4952, 2012.
Home Occupation – A lawful occupation carried on by a resident of a dwelling as a secondary use on the same property. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Hospital – An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care with nursing service on a continuous basis. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Hotel – See “Lodging.” (Ord. 5047 §2 (Exh. B (part)), 2018; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Junkyard – The use of more than 200 square feet of the area of any property for the storage of junk, including scrap metals or other scrap materials and/or for the dismantling or “wrecking” of automobiles or other vehicles or machinery. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Kennel – A lot or building in which four or more dogs, cats or animals at least four months of age are kept for board, propagation, training, or sale. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Large Commercial Structure – A commercial structure whose footprint exceeds 25,000 square feet of gross floor area; further regulated in Chapter 17.56 MMC (Large Format Commercial Development).
LEED – Leadership in Energy and Environmental Design standard for Green Building Rating System developed by the U.S. Green Building Council.
Limited Land Use Decision – A final decision or determination pertaining to:
A. The approval or denial of a tentative subdivision or partition plan, as described in ORS 92.040 (1).
B. The approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review and design review.
Loading Space – An off-street space within a structure or on the same lot with a structure for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which space abuts on a street or other appropriate means of access. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lodging – A building, or group of buildings, which is designed, intended, or used for the accommodation of guests on a temporary basis for compensation. Lodging includes hotels and motels. (Ord. 5047 §2 (Exh. B (part)), 2018).
Lot – A unit of land created by a subdivision. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot Area – The total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads and easements for access to other property except as otherwise provided in this title. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968). For purposes of zoning and density calculations on lots that have more than one zone or plan designation, the lot area is calculated separately for each zoned or planned areas.
Lot, Corner – A corner lot is a lot abutting on two or more streets other than an alley, at their intersection. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Curvilinear – A lot having a curved frontage. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Flag – A lot by which access to the nearest public or private street is gained by means of a narrow strip of land not less than 25-feet in width (Figure 8).
Figure 8
(Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Front – On an interior lot, the side facing a lot abutting the street. On a corner lot, either side facing the street may be the front. (Ord. 4174 §1 (part), 1982; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Interior – A lot other than a corner lot that is flanked by a lot on each side. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot Line – The property line bounding a lot. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968). See “Property Line.”
Lot of Record – A lot shown as a part of a recorded subdivision or created through a legal partitioning, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county recorder; except that no parcel of land created after 1968 without complying with the provisions of the land division requirements of the state and the city or county (whichever had jurisdiction control at the time of the division) shall be considered a lot of record. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Rear – The side of the lot opposite to and most distant from the front, except that a duplex need not be opposite the front of the lot. (Ord. 4174 §1 (part), 1982; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Lot, Through – An interior lot having frontage on two streets. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Manufactured Dwelling Park – Any place where four 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 one manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.192
Manufactured Home – A structure constructed to U.S. Department of Housing and Urban Development (HUD) standards on or after June 15, 1976, 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. For purposes of zoning, this definition applies to Class A and Class B homes. (Ord. 4564 §1, 1994; Ord. 4481 §3, 1991).
Master plan – The maps, illustrations and supported text associated with a planned development which conveys the approved uses for the site along with any associated conditions, phasing schedules and other agreements.
Mixed Housing – A residential development that may include single-family detached, single-family attached and multi-family dwellings.
Mobile Home – 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 between January 1, 1962, and June 14, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. [Per ORS 446] For purposes of zoning, this definition applies to Class C and Class D homes. (Ord. 4481 §3, 1991; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Mobile Home Park – See “Manufactured Dwelling Park.”
Model Home – The building(s) and/or property incorporating unique or innovative architectural design or construction techniques and intended for use as an example to promote similar development, and also means the building(s) and/or property intended for use as an example in attracting potential buyers to a specific subdivision. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Motel – See “Lodging.” (Ord. 5047 §2 (Exh. B (part)), 2018; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
MUAMC – McMinnville Urban Area Management Commission.
Nonconforming Lot, Structure or Use – A lawful existing lot, structure, or use at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the requirements of the zone in which it is located. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Nursing Home/Convalescent Home – Any facility for the care, boarding, and housing of elderly persons or medical outpatients, including rest homes, homes for the aged, and similar uses operating under any name or as may be licensed by the state of Oregon. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Owner – For the purposes of this title, an owner of property may also mean an authorized agent of the owner. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Parapet – A short wall along the edge of a roof to provide a protected edge, and to increase fire safety in some cases.
Parcel – A single unit of land that is created by a partitioning of land.
Parking Space – An enclosed or unenclosed surfaced area, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one vehicle, and connected with a street or alley by a surfaced driveway which affords ingress and egress for vehicles. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Partition – To divide land to create not more than three parcels of land within a calendar year, the process for which is outlined in Chapter 17.53 MMC (Land Division Standards). A partition does not include:
A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property, or the creation of cemetery lots; or
B. An adjustment of a property line by the relocation of a common boundary where no additional unit of land is created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance; or
C. The division of land resulting from the recording of a subdivision or condominium plat; or
D. 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 ORS 215.213(2)(q) to (s) and 215.283(2)(p) to (r) and 215.283 (2)(q) to (s). However, any property divided by the sale or grant of property for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or
E. A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located; or
F. Divisions of land as decreed by federal or state courts.
Partition Plat – Includes a final map and other writing containing all the descriptions, location, specifications, provisions, and information concerning a partition.
Patio – An unenclosed area adjoining a dwelling or other building and adapted especially to outdoor dining and living that may be covered or uncovered. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Pedestrian Way – A right-of-way for pedestrian and/or bicyclist traffic.
Person – Every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any group or combination acting as a unit. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Place of Public Assembly – A permanent structure or place which is designed to accommodate 50 or more persons at one time for such purposes as deliberation, instruction, education, worship, awaiting transportation, shopping, drinking or dining, entertainment, or amusement.
Planned Development – A tract of land that is planned and developed in accordance with a master plan, detailed engineering, design plans and flexible development standards that illustrate and address land uses, circulation, utilities, density, setbacks, landscaping, open space and similar features of the project.
Planning director – The director of the planning department or the director’s designee.
Plat, Final – Includes a final map, diagram, drawing, replat, or other writing prepared in accordance with an approved tentative plat, containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision plat, replat, or partition plat.
Plat, Tentative – A preliminary map, including supporting information for a subdivision or partition plat prepared in accordance with the regulations outlined in Chapter 17.53 MMC (Land Division Standards).
Portico – A porch leading to the entrance of a building with a roof structure over a walkway, supported by columns or enclosed by walls.
Prefabricated Structure – A building or structural unit which has been in whole or substantial part manufactured at an off-site location to be wholly or partially assembled on site and complies with the requirements for a prefabricated structure in the Uniform Building Code, but does not include a manufactured or mobile home or recreational vehicle. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Professional Office – An office occupied by such professions as an accountant, architect, artist, attorney-at-law, professional engineer, land surveyor, insurance agent, real estate broker, landscape architect, or practitioner of the human healing arts. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Property Line – The line(s) delineating a property or the division line between two units of land (Figure 9).
Property Line Adjustment – The relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.
Property Line, Exterior Side – For corner properties fronting two streets, the exterior side property line refers to the property line abutting a public or private street that is not considered the front property line (Figure 9).
Property Line, Front – A property line or segment of a property line that abuts a public or private street and is opposite the rear property line (Figure 9).
Property Line, Interior – A property line that is not a front, exterior side or rear property line (Figure 9).
Property Line, Rear – The line that is opposite to and most distant from the front lot line (Figure 9).
Figure 9
Recreation Vehicle – A vacation trailer or other vehicle or portable unit which is either self-propelled or towed or is carried by a motor vehicle; which is intended for human occupancy and is designed for vacation or recreation purposes and certain residential use, and is equipped with plumbing, sink, or toilet. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Recreation Vehicle Park – A lot which is operated on a fee or other basis as a place for the parking of occupied recreation vehicles. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Replat – A final map of the reconfiguration of lots and easements of a recorded subdivision or partition plat and other writings containing all the descriptions, locations, specifications, dedications, and provisions, and information concerning a recorded subdivision. Replat also refers to the act of platting the lots, parcels, and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
Residential Facility – A residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 individuals (excluding staff) who need not be related.
Residential Home – A residential treatment or training home, as defined in ORS 443.400, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals (excluding staff) who need not be related.
Right-of-Way – The area between boundary lines of a street or other easement.
Setback – The minimum required distance measured perpendicularly from a property line to the nearest vertical portion (including wall, support pillar, porch) of a building or structure.
Short Term Rental – The use of an entire dwelling unit by any person or group of persons entitled to occupy for rent for a period of no more than 30 consecutive days. Short term rentals include vacation home rentals approved under the regulations in effect through May 10, 2018. (Ord. 5047 §2 (Exh. B (part)), 2018).
Short Term Rental, Resident Occupied – The use of no more than two guest sleeping rooms by any person or group of persons entitled to occupy for rent for a period of no more than 30 consecutive days. The dwelling unit is occupied by a full-time resident at the time that the guest sleeping rooms within the dwelling unit are available for overnight rental. Resident occupied short term rentals include bed and breakfast establishments approved under the regulations in effect through May 10, 2018. (Ord. 5047 §2 (Exh. B (part)), 2018).
Sidewalk – A pedestrian walkway with permanent surfacing.
Sign – An identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Sign, Advertising – A sign which directs attention to a business, product, activity, or service which is not necessarily conducted, sold or offered upon the premises where such sign is located. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Sign, Business – Repealed by Ord. 4900, 2008.
Sign, Portable – Repealed by Ord. 4900, 2008.
Site – A lot, parcel, or tract of land under common ownership and/or developed together as a single development site, regardless of how many uses occupy the site
Site plan – A plan submitted for purposes of review that depicts the proposed development of a property in terms of the location, scale, and configuration of buildings, uses, and other features, containing all the information required by this ordinance.
Social Relief Facility – A home or private institution operated for the care, treatment, and/or boarding and housing of socially impaired persons, not to include detention facilities or facilities for those handicapped persons protected by the Fair Housing Amendments Act of 1988. (Ord. 4479A §3, 1991).
Story – That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered a story. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Story, First – The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Street – The entire width between boundary lines of every way which provides for public use for the purpose of vehicular, bicycle, and pedestrian traffic and the placement of utilities and including the terms “road,” “highway,” “drive,” “lane,” “place,” “avenue,” “alley,” or other similar designation. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968). Streets are further defined in the Transportation System Plan, adopted by the McMinnville city council in 2010.
Street, Half – A half street refers to the portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
Structural Alteration – Any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beans or girders, or any structural change in the roof or in the exterior walls. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Structure – See “Building.”
Subdivide Land – To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
Subdivision – Either an act of subdividing land, or an area or tract of land subdivided as defined above.
Subdivision Guarantee – A title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.
Subdivision Plat – A final map and other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.
Superficially Applied – Design elements applied, attached, or otherwise affixed to the exterior of a structure intended to give the appearance of specific architectural features without actually being integral to the building fabric.
Tasting Room – A room or rooms, open to the general public, primarily used for the retail marketing of winery, brewery, distillery, and/or food products. Merchandise offered for sale within the tasting room may also include souvenirs and clothing bearing the logos of food and beverage companies whose product(s) are available for tasting, as well as related items and other products that reflect or enhance the character or theme of the tasting room. A room or rooms where product tasting occurs as part of the normal business practice in the wholesale marketing of food or beverage products and not open to the public is not considered a tasting room. (Ord. 4977 §3, 2014).
Tourist Home – Repealed by Ord. 4952, 2012. (Ord. 4292, 1984).
Transitional Parking Area – A lot or portion of a lot in a residential zone being used for additional parking spaces by a commercial or manufacturing enterprise. Said parking spaces shall be in addition to the parking requirements of the business or manufacturing zone in which said enterprise is located. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Transparent Window – Clear or lightly tinted windows that allow views into the structure or into display windows from the outside.
Upper-Story Residential Use – One or more dwelling units located in one or more stories above, and in the same building as, a permitted use on the ground floor, whether the residential unit/s are attached or detached from one another or from buildings on abutting lots or parcels. (Ord. 5060 §2 (Exh. B (part)), 2018).
Urban Growth Boundary – A boundary (line) that identifies and separates urbanizable land from rural land.
Use – The purpose for which land or structure is designed, arranged or intended, or for which it is occupied or maintained. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Vacate – Release of interest in a piece of publicly owned property.
Vacation Home Rental – Repealed by Ord. 5047 §2 (Exh. B) (part), 2018. (Ord. 4902 §1(a), 2008).
Variance – Permission to depart from certain provisions of the zoning ordinance without changing the zoning of the property. A variance is requested when adherence to specific standards in the zoning ordinance would cause a particular hardship.
Wetlands – Areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and other similar areas.
Yard – An open space on a lot which is unobstructed from the ground upward except as otherwise provided in MMC 17.54.020 and 17.54.050(C). (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Duplex Front – A duplex structure must be provided with one front yard. It is not necessary to provide each unit with a separate front yard. (Ord. 4174 §2, 1982).
Yard, Duplex Rear – The rear yard of a duplex need not be opposite the front yard. Each unit of a duplex must be provided with a rear yard with access provided thereto. (Ord. 4174 §1 (part), 1982; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Exterior Side – A yard extending from the front yard to the rear lot line on the street side of a corner lot (Figure 10). (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Flag Lot – Yard requirements for flag lots shall be figured only within the main body and not within that portion (flag pole) for access. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Front – A yard extending the full width of the lot, the depth of which is the minimum distance from the front property line to the nearest point of the building (Figure 10). (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Rear – A yard extending the full width of the lot, or in the case of a corner lot, to the exterior side yard, the depth of which is the minimum distance from the rear property line to the building (Figure 10). (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Side – A yard extending from the front yard to the rear yard along the side of the main building, the width of such yard being the minimum distance from the side property line to the building (Figure 10).
Figure 10
(Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Yard, Through Lot – Through lot yards shall provide the required front yard on each street. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Zero Lot Line Construction – A dwelling which is constructed abutting a property line, having no setback therefrom, used in conjunction with common wall construction and single-family detached construction. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).
Zone – As designated on the McMinnville official zoning map, an area within the city limits in which the allowable uses for the properties in these areas are specified in the zoning ordinance.
Zone Change – An amendment to the boundaries of zones shown on the Official Zoning Map.