1.01.020 Definitions

        The following definitions apply unless inconsistent with the context:

 

        ABANDONED SIGN, a sign or supporting structure that:

        A.    Is no longer used by the person who constructed the sign as shown by cessation of use of the property where the sign is located; or

        B.    Has been damaged and repairs and restoration are not started within 90 days or are not diligently pursued once started.

 

        ABANDONED VEHICLE, a vehicle left unattended either:

        A.    On a public street or property for longer than 24 hours without authorization; or

        B.    On private property for longer than seven days, cannot move under its own power and is not:

        1.     Subject to a state wrecker certificate or other license; or

        2.     Inside a building, garage, covered trailer or sight-obscuring commercial cover in good repair and not otherwise in violation of this subchapter.

 

        ACROBATIC FLYING, the operation of aircraft in an unusual or dangerous manner not necessary to air travel.

 

        ADMINISTRATIVE RULE, a rule made by the city council, utility commission or parks and recreation commission by resolution under authority of the city charter.

 

        AGE, as defined under state law.

 

        AIRPORT, an area used for the takeoff and landing of aircraft.

 

        ALLEY, a narrow roadway through the middle of a block.

 

        ANIMAL, any mammal, bird, reptile, amphibian or insect, categorized as follows:

        A.    BEE, a social colonial insect, kept in a beehive for purposes of producing honey and/or for pollination and does not include mason bees (Osmia Rufa);

        B.    CAT, a domesticated animal of the feline family (Felis catus);

        C.    DOG, a domesticated animal of the canine family (Canis lupis familiaris);

        D.    EXOTIC ANIMAL, an exotic or native animal not normally domesticated in the United States or that is wild by nature. “Exotic animal” includes the following orders and families (whether bred in the wild or captivity) and any hybrid with a domestic species; however, the listed animals are examples and not an exhaustive list or limit on the generality of each group:

        1.     Canidae such as wolves, coyotes, foxes, jackals and other non-domesticated dogs,

        2.     Cervidae such as deer, moose and elk,

        3.     Crocodilia such as alligators and crocodiles,

        4.     Falconiformes such as eagles, falcons, hawks and owls,

        5.     Felidae such as lions, tigers, bobcats, lynx, cougars, leopards and other non-domesticated cats,

        6.     Non-human primates and prosimians such as monkeys, chimpanzees and baboons,

        7.     Procyonidae such as raccoons,

        8.     Reptilia, including all venomous and constricting snakes, and

        9.     All other animals not within the other animal categories of: bee, cat, dog, indoor animal, livestock or rabbit;

        E.     INDOOR ANIMAL, an animal kept inside a residential dwelling unit;

        F.     LIVESTOCK, a domesticated animal fitting any of the following:

        1.     MINIATURE LIVESTOCK, livestock of a dwarfed variety, or species bred so as to be a smaller version than its “standard livestock” counterpart;

        2.     POULTRY, includes, but is not limited to, chickens, ducks, turkeys, geese, peacocks, guinea birds, pigeons and doves; and

        3.     STANDARD LIVESTOCK, includes, but is not limited to, horses, bulls, cows, calves, heifers, mules, donkeys, asses, pigs, sheep, goats or llamas;

        G.    RABBIT, a domesticated animal of the leporidae family (Leporidae).

 

        ANIMAL ENCLOSURE, either indoor and outdoor components of a shelter designed or intended to contain an animal, including enclosed or semi-enclosed shelters, cages, pens or fencing.

 

        ATHLETIC SCOREBOARD, a sign erected in proximity to an athletic field by the owner or person in charge of the field and is visible to spectators.

 

        ATTORNEY, the city attorney who is the chief legal officer for the city appointed by the city council, or lawyer designated by the attorney or city council.

        AUTOMOBILE SERVICE STATION, a retail place of business engaged primarily in the sale of automobile motor fuels.

 

        AWNING, a shelter projecting from and supported by the exterior wall of a building constructed of rigid or non-rigid materials on a supporting framework.

 

        BALLOON SIGN, a sign consisting of a membrane that relies on internal gaseous pressure or a semi-rigid framework for maintaining its form.

 

        BANNER, a sign made of fabric or other non-rigid material with no enclosing framework.

 

        BENCH SIGN, a sign on an outdoor bench.

 

        BICYCLE, every device propelled by human power upon which a person may ride, having between one and three wheels, each of which is over 10 inches in diameter.

 

        BILLBOARD, except as provided in Section 11.32.140(B)(2), a sign with a sign area exceeding 200 square feet.

 

        BLANKETING, blocking a pedestrian or motorist’s view of a projecting sign with another projecting sign.

 

        BOARD, a subordinate body to the city council created and delegated duties by ordinance with members appointed by the mayor with the consent of the city council.

 

        BUILDING, a structure or edifice used or intended for use in supporting or sheltering any use or occupancy.

 

        BUILDING CODE, the combined specialty codes of the state of Oregon as adopted by the city and the building related code otherwise adopted by the city.

 

        BUILDING ELEVATION AREA, the area of a single side of a building, measured in square feet and calculated by multiplying the length of the side of the building by the height of the building to the roofline. If the roofline height varies along the side of the building, the average of the lowest and highest roofline height on that side will be used in the calculation.

 

        BUILDING OFFICIAL, the person(s) appointed by the city council to administer and enforce the building inspection program, or parts thereof, and attend to all aspects of code enforcement, including the issuance of all building permits.

 

        BUS STAND, a fixed area in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or while waiting for passengers.

 

        BULLETIN BOARD, a permanent sign providing information in a horizontal, linear format that can be changed either manually through placement of letters or symbols on tracks mounted on a panel, or electronically through the use of an array of lights in a dot matrix configuration, from which characters can be formed.

 

        BUSINESS, all activities, professions, trades, occupations, shops, apartments, tenements, office buildings and kind of calling carried on for profit or livelihood.

 

        BUSINESS COMPLEX, a development consisting of one or more lots sharing appurtenant facilities, such as driveways, parking and pedestrian walkways, and designed to provide varied products and services at a single location. Variations include:

        A.    INDUSTRIAL / RESEARCH BUSINESS COMPLEX, a business complex consisting of a minimum of six principal uses and the buildings contain a minimum of 100,000 square feet of gross floor area;

        B.    MAJOR BUSINESS COMPLEX, a business complex consisting of single or multiple principal uses and the buildings contain a minimum of 45,000 square feet of gross floor area; and

        C.    MINOR BUSINESS COMPLEX, a business complex consisting of a minimum of six principal uses and the buildings contain a maximum of 44,999 square feet in gross floor area.

 

        BUSINESS DISTRICT, the territory contiguous to a highway when 50 percent or more of the frontage is 600 feet or more on one side, or 300 feet or more on both sides and contains buildings used for business purposes.

 

        BUSINESS LICENSE, the document issued by the city granting the privilege to carry on a particular business within the city. The term “business license” may not be construed to mean a “permit.”

 

        CAMP or CAMPING, to pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp materials.

 

        CAMP FACILITIES, include, but are not limited to, tents, huts, temporary shelters, lean-tos, shacks, or any other structures, vehicles or parts thereof.

 

        CAMP MATERIALS, include, but are not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.

 

        CANDIDATE, an individual whose name appears or is expected to appear on an official ballot.

 

        CANOPY, a permanent roofed structure that may be freestanding or attached to a building, but is not an awning or completely enclosed structure.

 

        CENTRAL BUSINESS DISTRICT, an area consisting of all commercially zoned properties within the area bordered by NE Jackson Street on the north, W Adams Avenue on the west, SE Baseline Street on the south, and E 5th Avenue on the east.

 

        CHARITABLE means and includes patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

 

        CHRONIC NUISANCE PROPERTY, property upon which, or within 400 feet thereof, three or more nuisance activities caused by persons associated with the property occurred during any 30-day period and were investigated by a law enforcement agency.

 

        CIRCULATOR, an individual who circulates election materials in solicitation of signatures by electors.

 

        CITY, the city of Hillsboro, Washington County, Oregon.

 

        CITY CHARTER, the home rule charter adopted by city voters under authority of the Oregon Constitution.

 

        CITY LEGISLATION, an ordinance or proposed ordinance, or a proposed amendment to the city charter.

 

        CITY-SPONSORED EVENT, an activity carried out by a city employee in the performance of assigned duties or when authorized by the manager or city council to use the city’s name.

 

        CIVIC CENTER PLAZA ACTIVITY PERMIT (CCPAP), a permit applied for and issued in accordance with HMC 9.40.070.

 

        CLOSED CONTAINER, a container whose contents are not exposed to view.

        COLLECTION FRANCHISEE, the person(s) (other than drop box franchisees) granted a solid waste franchise by the council.

 

        COMMERCIAL, stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other non-manufacturing entities, manufacturing entities, and entities which occupy more than 50 percent of the floor area of a residence, but not including multifamily or condominium complexes.

 

        COMMISSION, a subordinate body to the city council created by the city charter with duties delegated by the city charter and ordinance with members appointed by the mayor with the consent of the city council.

 

        COMMITTEE, a subordinate body to the city council created and delegated duties by ordinance with members appointed by the mayor with the consent of the city council.

 

        COMMUNITY DEVELOPMENT CODE, Ordinance No. 6094 as amended.

 

        COMMUNITY EVENT, a community activity or event identified as such by the city council.

 

        COMPACTOR, self-contained, power-driven, mechanical equipment designed for the containment and compaction of solid waste or recyclable material.

 

        COMPREHENSIVE SIGN PLAN, a plan that provides a means for defining common sign regulations for multi-tenant projects by providing incentives in the design and display of multiple signs.

 

        COMPUTATION OF TIME, the time within which an act is to be done is computed by excluding the first day and including the last,

unless the last falls on a legal holiday as defined by state law, or on a Saturday or Sunday, in which case the last day is also excluded.

 

        CONDUCT BUSINESS or BUSINESS CONDUCT, the act of offering for sale any goods, items or services.

 

        CONNECTION PERMIT, a permit issued by the city authorizing physical connection to the sewer system.

 

        CONSTRUCTION PROJECT, means the substantial construction, substantial improvement, alteration, repair, moving or demolition of: structures as defined in HMC 12.01.500, capital improvements as defined in HMC 3.28.010, and utility facilities as defined in HMC 5.76.010.

 

        CONTAMINATED LOAD, a load of recyclable materials that does not meet the definition of either source separated recyclables or mixed load.

 

        CONTROL, the right to regulate, restrain, dominate, counteract, govern or direct conduct that occurs.

 

        COUNCIL, the city council is governing body of the city of Hillsboro.

 

        COUNCIL PRESIDENT, councilor selected by the council to serve as presiding officer in the absence of the mayor.

 

        COUNCILOR, one of the six elected members of the council who is not the mayor.

 

        COUNTY, Washington County, Oregon.

 

        CROSSWALK, as defined under state law.

 

        DANGEROUS ANIMAL, an animal, other than a dog, cat or rabbit, that has done an act harmful in character, to human beings or animals, regardless of manner.

 

        DAY, the period between any midnight and the midnight following.

        DAYTIME and NIGHTTIME, DAYTIME, the period between sunrise and sunset, and NIGHTTIME, the period between sunset and sunrise.

 

        DEPARTMENT, a city administrative unit established and assigned functions by the city manager and funded in the city budget by the city council.

 

        DEVELOPED PROPERTY, a parcel or lot of real property on which an improvement exists or has been constructed. Improvement on “developed property” includes buildings, parking lots, landscaping and outside storage.

 

        DIRECTOR, the head of a department, or designee, appointed by the city manager.

 

        DISORDERLY HOUSE, a building dedicated partially or wholly to gambling, the consumption, sale, or disposition of illegal drugs or other purposes contrary to federal, state or local law.

 

        DOMESTIC PARTNERSHIP, a relationship between two persons who meet either of the following requirements:

        A.    Have registered, certified or affirmed their relationship with any appropriate, legally established domestic partnership registry within any jurisdiction in the United States or with the state public employees benefits board; or

        B.    Are at least 18 years of age, each unmarried, each other’s sole domestic partner and intend to remain so indefinitely, not related by blood in such a way that would bar marriage under state law, reside together, share the common necessities of life and are responsible for each other’s common welfare.

 

        DOMESTICATED ANIMAL, an animal species or population which has been bred to become accustomed to human provision, control and care.

        DRAINAGE DITCH, a ditch open to inspection, a gutter existing on a paved street, a ditch constructed on an unimproved or macadamized street, or an open ditch in a street, alley, right-of-way or easement owned by the city for that purpose.

 

        DRAINAGE TILE, the present existing tile line which is laid and existing in, upon, under, over or across any street, right-of-way or easement obtained by the city for that purpose.

 

        DROP BOX FRANCHISEE, the person(s) granted a drop-box service franchise by the council.

 

        DROP BOX SERVICE, service of containers collected by roll-off truck and transported directly to a disposal site.

 

        ELECTIVE CITY POSITION, the office of mayor or councilor.

 

        ELECTOR, an individual eligible under state and city law to vote in a city election.

 

        ELECTRONIC MESSAGE SIGN, a sign providing information in nonlinear, both horizontal and vertical formats, on which sign copy is created through the use of a pattern of lights in a dot matrix configuration that may be changed intermittently. “Electronic message sign” does not include video signs.

 

        ELECTRONIC SMOKING DEVICE, any noncombustible product that employs a mechanical heating element, battery or circuit and that can be used to heat nicotine or other drug solution; or a cartridge or other unit containing a nicotine solution to be placed in an electronic cigarette, device or product.

 

        EMERGENCY, includes any manmade or natural event or circumstance causing or threatening loss of life, injury to person, property, public health, welfare or safety, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or release of oil or other hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the city, civil disturbance, riot, sabotage and war.

 

        EMERGENCY VEHICLE, fire or police vehicles and other law enforcement vehicles, government emergency vehicles, and ambulances used for emergency purposes while operating required lights and siren or other audible warning.

 

        EMPLOYEE, a person working for, within or under the auspices of a business, other than a bona fide independent contractor or leased employee, regardless of the employment, management or ownership status of that person; including common law and statutory wage earning, commission and salaried employees, executive and common employees, agents, sales representatives, sole proprietors, partners, corporate officers and any and all persons associated directly with the business, whether full- or part-time.

 

        EXEMPTION CERTIFICATE, the document issued by the city, in lieu of a business license, to businesses qualifying under HMC 5.04.020(B).

 

        EXTERNAL ILLUMINATION, a light source that is separate from the sign it illuminates and is directed to shine upon the same sign. Variations include:

        A.    DIRECT, a source that is directly seen by the public, such as a floodlight; and

        B.    INDIRECT, a source that is not directly seen by the public, such as cove lighting.

 

        FAMILIAL STATUS, as defined under state law.

 

        FINDINGS, the statements of fact that provide justification for a determination. Findings include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations, value engineering; specialized expertise needed; public safety; market conditions; technical complexity; and availability, performance and funding sources.

 

        FIRE CODE (HFC), all applicable state law and the specialty codes of the state as adopted by reference by the city and the fire safety-related code otherwise adopted by the city.

 

        FLAG, fabric that is attached and hanging free from a staff halyard or building.

 

        FREESTANDING SIGN, a sign that is not attached to a building and is erected on a frame connected to the ground, including ground-mounted, monument and pole signs. “Freestanding sign” does not include portable signs.

 

        GENDER, the masculine gender includes the feminine and neuter, and the feminine includes the masculine and neuter.

 

        GENDER IDENTITY, a person’s actual or perceived gender, including a person’s identity, appearance, expression or behavior with respect to actual or perceived gender, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.

 

        GENERATOR, the person at a given site address generating, producing or creating solid waste, source separated recyclables and/or mixed loads.

 

        GRAFFITI, an inscription, word, figure or design written, marked, etched, scratched, sprayed, drawn, engraved or painted on or otherwise affixed to the surface of public or private property not authorized by the owner or person in charge.

 

        GROUND-MOUNTED SIGN, a freestanding sign with a minimum of 12 inches of vertical solid base directly and continuously connected to at least 50 percent of the sign face width or borne by two or more supports that are between 12 inches and eight feet above grade.

 

        HANDHELD SIGN, a sign with a maximum sign area of six square feet that is worn or carried by a person when being displayed.

 

        HISTORICAL SIGN, a sign designated as a historic or cultural resource under city, state or federal law.

 

        HOLIDAYS, are Sundays, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and all other legal holidays as designated by state law.

 

        ILLUMINATED SIGN, a sign illuminated by an internal or external light source.

 

        INFECTIOUS WASTE, as defined under state law.

 

        INITIATIVE, proposed city legislation submitted to electors by a petition of qualified electors.

 

        INTERIOR SIGN, a sign erected and maintained inside of a building, including a sign attached to or painted on the inside of windows. “Interior sign” does not include text, pictures, graphics or similar representations in display windows.

 

        INTERNAL ILLUMINATION, a light source that emanates from the sign it illuminates.

 

        INTERSECTION, the area within the prolongation or connection of lateral curb lines that join one another at an angle, whether or not one street crosses the other.

 

        JANITORIAL SERVICE, the collection of solid wastes created, generated, or produced by others and not primarily or solely by a property owner or occupant.

 

        JOINT AUTHORITY, words giving joint authority to three or more persons or officers gives such authority to a majority of them.

 

        KEEPER, any person owning, keeping, having custody of, or responsibility for control or care, possession, or harboring of an animal or who permits, allows or suffers an animal to remain on property owned or controlled by the person, regardless of whether that person has an ownership interest in the animal. Animal services facilities are not a keeper unless otherwise expressly provided for elsewhere in the code.

 

        LANDFILL, a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

 

        LANDMARK SIGN, a sign displayed in close proximity to a historic place, object, building, or other landmark designated as a historic or cultural resource under city, state or federal law, where the sign is constructed by the owner or person in charge of the historic property and the sign area does not exceed 20 square feet.

 

        LANDSCAPE PLANTING AREA, is a public area set aside for planting of trees, shrubs, flowers or other vegetation, except grass.

 

        LAW, federal law, the Constitution and statutes of the state of Oregon, ordinances, resolutions, and rules adopted by the council.

 

        LAW ENFORCEMENT OFFICER, the chief of the city’s police department or the chief’s designee.

 

        LICENSED PREMISES, as “premises” or “licensed premises” are defined under state law.

 

        LIVESTOCK, a farm animal, poultry or wild, exotic or unusual animal.

 

        LOADING ZONE, the space adjacent to a curb reserved for the exclusive use of motor vehicles during the loading or unloading of passengers or materials or freight.

 

        LOCAL IMPROVEMENT, any of the following:

        A.    The grading, graveling, paving, opening, laying out, widening, extending, altering, repairing, reconstructing, changing the grade of or constructing of any right-of-way, including curbs and sidewalks;

        B.    The installation of standard or ornamental street lights;

        C.    The installation or relocation of private or public utility facilities, including, but not limited to, electric power, telecommunications and natural gas;

        D.    The laying out, extending, altering, constructing or reconstructing/repairing of any sanitary or storm sewer or water main;

        E.     The acquisition, establishment, construction or reconstruction of any off-street motor vehicle parking facility;

        F.     The construction, reconstruction or repair of any flood-control dike, dam or any surface water detention or quality facility;

        G.    The construction, reconstruction, installation and equipping of a park, playground or recreation facility; or

        H.    Any other local improvement for which an assessment may be made on the property specially benefited.

 

        LOT, a lot, block or parcel of land.

 

        MANAGER, the city manager who is the chief administrative officer of the city appointed by the council, or person designated by the manager.

 

        MARQUEE, a permanent roofed structure attached to or supported by a building.

 

        MATERIAL RECOVERY, resource recovery limited to manual and/or mechanical means to separate or extract those materials which still have useful physical or chemical properties from solid waste to be reused, recycled or composted for some purpose. “Material recovery” includes obtaining materials used in the preparation of fuel excluding the extraction of heat content or other forms of energy from the material.

 

        MATERIAL RECOVERY FACILITY, a facility that primarily accepts previously separated recyclable material or a solid waste facility that separates materials from an incoming, highly recoverable mix of non-decomposed waste, for the purpose of recycling, by using manual and/or mechanical methods and achieves a verifiable minimum 25 percent recovery rate.

 

        MAYOR, the elected mayor of the city who is a member of the council and its presiding officer.

 

        MEASURE, city legislation, proposed city charter amendment or revision, or a proposition or question submitted to electors.

 

        MINOR, a person under the age of 18 years, unless otherwise stated.

 

        MIXED USE DEVELOPMENT, a development that includes multiple buildings, usually of multiple stories, designed to assure a diversity of compatible land uses which may include a mixture of residential, office, retail, services, recreational, live/work units, flex space uses, and other miscellaneous uses allowed in a zone.

 

        MIXED USE PROPERTY, a developed property with separate utility accounts for the individual uses on the property or where condominium ownership establishes common and separate ownership within the same parcel.

 

        MOBILE BUSINESS, a business operating from a vehicle including a bicycle on which food is prepared or processed, and/or from which food or other goods are sold or dispensed to the public. Examples of mobile businesses include deli or ice cream trucks.

 

        MONTH, a calendar month.

 

        MONUMENT SIGN, a sign that has a solid supporting base equal to or greater than the width of the sign face, is generally made of stone, masonry or concrete, and has no separations between the sign and base.

 

        MOTOR VEHICLE, any vehicle that is self-propelled.

 

        MOTOR VEHICLE FOR HIRE, a motor vehicle available for hire by passengers in need of transportation, including a taxicab or limousine that does not operate over a fixed and definite route or a shuttle car that may operate under a fixed route and time schedule. The term does not include a vehicle operated by a transit district or “passenger bus”.

 

        MULTI-FAMILY RESIDENTIAL PROPERTY, residential property with two or more separate living units or spaces, i.e., apartment complexes, duplexes and triplexes in which all living units are billed together for their water and sewer utilities.

 

        MUST and MAY, MUST is mandatory and MAY is permissive.

 

        NAME PLATE, a permanent wall sign located on the facade of a residential building.

 

        NONCONFORMING SIGN, a sign that was lawful when it was constructed but does not meet the requirements of the current sign code.

 

        NONRESIDENTIAL, a business, commercial, industrial, institutional or nonprofit use of real property that is not used primarily for personal or domestic accommodation.

 

        NOXIOUS VEGETATION, vegetation that poses a threat to public safety, may provide harborage for rats, mice or other vermin, is likely to become a health, fire or traffic hazard, or grass or weeds that exceed 12 inches in height.

 

        NUDITY, as defined under state law.

        NUISANCE, any of the following on public or private property:

        A.    Affecting public health:

        1.     An open vault or privy constructed or maintained contrary to state regulations;

        2.     Stagnant water that affords a breeding place for mosquitoes and other insects;

        3.     The pollution of a body of water, stream or drainage ditch by sewage, industrial waste or other substances placed in or near such water in a manner that may cause harmful material to pollute the water;

        4.     Premises that are in such a state or condition as to cause an offensive odor or are in an otherwise unsanitary condition;

        5.     Drainage of liquid wastes onto the property of another;

        6.     Any premises in such a state or condition as to be an actual or likely breeding place for rodents, flies or other pests; or

        7.     The keeping of an animal in violation of the terms of HMC 6.20.

        8.     A method of disposal of human excreta that does not conform to the provisions of state or local law.

        B.    Affecting the public safety:

        1.     Fire hazards, as determined by the fire marshal or in violation of state laws concerning fireworks;

        2.     Accumulation of solid waste that is not removed within 15 days of accumulation;

        3.     Littering in violation of HMC 6.04;

        4.     Woodpiles, wood, lumber, rocks, bricks, blocks or metal on streets, sidewalks or adjacent planters for longer than 24 consecutive hours;

        5.     A container with a compartment capacity of one cubic foot or more and a door or lid that automatically fastens or seals when closed that is left in a place accessible to children;

        6.     A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more that is uncovered, unfenced or without suitable protective construction;

        7.     Unguarded machinery, equipment or other devices that are dangerous and accessible to children; or

        8.     Noxious vegetation, obstructing or hazardous trees and shrubs, or other condition made unlawful under HMC 6.16.

        C.    Affecting public peace and welfare:

        1.     A building or other location where an activity in violation of the city’s development code is conducted, performed, suffered, allowed or maintained;

        2.     Vehicle repair activity, excluding emergency services such as towing, jump starting, or changing a flat tire, on a public street or at a private residence, unless the vehicle being repaired is owned by a resident of the property or is placed inside a building, garage, covered trailer or sight-obscuring commercial cover in good repair, and the activity does not otherwise violate this subchapter;

        3.     An abandoned motor vehicle, recreational vehicle or trailer under HMC 6.12;

        4.     Graffiti not removed within seven days of its placement on property; or

        5.     Noise violations under HMC 6.24; or

        D.    Affecting animals in violation of HMC 6.20.

 

        NUISANCE ACTIVITY, is any one of the following:

        A.    As defined in state law:

        1.     Harassment;

        2.     Intimidation;

        3.     Disorderly conduct;

        4.     Offenses involving or related to controlled substances;

        5.     Prostitution and related offenses;

        6.     Gambling offenses;

        7.     Liquor violations, as also defined by ordinance;

        8.     Assault or menacing;

        9.     Sexual abuse, contributing to the delinquency of a minor or sexual misconduct;

        10.   Public indecency;

        11.   Endangerment of the welfare of a minor; and

        12.   Reckless endangerment.

        B.    As defined in this code:

        1.     Discharge of a weapon;

        2.     Prohibited noises;

        3.     Public urination or defecation; and

        4.     Offenses related to disorderly homes.

 

        NUMBER, the singular number includes the plural, and the plural the singular.

 

        NUMERIC INFORMATION SIGN, a sign only displaying current numeric measurements such as time, date, temperature or stock indices.

 

        OAR, Oregon Administrative Rule.

 

        OATH, includes affirmation.

 

        OFFICIAL TIME, when certain hours are named, they mean the standard of time as set out in ORS 187.110.

 

        OPEN CONTAINER, a container which is unsecured or incompletely secured in such a fashion that the container’s contents are exposed to view.

 

        OR and AND, OR may be read AND and AND may be read OR, if the context requires it.

 

        ORDER, a final determination of the council in a particular case, usually a quasi-judicial matter.

 

        ORDINANCE, a legislative enactment adopted by the council under authority of the city charter or state law.

 

        ORS, Oregon Revised Statutes.

 

        OWNER, a part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the building or land, or vendee in possession under a land sale contract.

 

        PARK, land, including buildings, facilities, parking lots, playing fields and other areas used for recreational purposes, owned by the city and regulated by the Parks and Recreation Commission.

 

        PARKING, to stop and stand or leave a motor vehicle, with or without a driver, upon a street or public place.

 

        PARKWAY, that portion of a street not designated for use by vehicles or pedestrians for travel.

 

        PASSENGER BUS, a motor vehicle operated for hire, equipped to carry more than six passengers and which receives passengers within the city limits for the purpose of carrying and transporting the passengers within the city limits, excepting motor vehicles owned or operated for any school district of the state, while used in carrying pupils to and from public schools and regular interurban stage buses.

 

        PEACE OFFICER, a peace officer as defined by state law.

 

        PEDESTRIAN, a person afoot.

 

        PENNANT, a sign device made from a strip of flexible material intended to wave in the wind.

 

        PERMIT, an official document or certificate issued by the city, or other authority having jurisdiction, that authorizes the performance of a specified activity.

 

        PERSON, individual, corporation, association, firm, partnership, joint stock company and similar entities.

 

        PERSON IN CHARGE, an occupant, tenant, lessee, contract purchaser or other person who has possession or control of the property.

 

        PERSONAL PROPERTY, every type of property, except REAL PROPERTY as defined in this section.

 

        PET SHOP, a facility or place which regularly engages in the commercial breeding, buying, selling, trading or other offering of animals to the public.

 

        PLAINLY AUDIBLE, any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensible musical rhythms or vocal sounds.

 

        PLANNED UNIT DEVELOPMENT (PUD), a tract or tracts of land developed as a planned unit development under the Zoning Ordinance or Community Development Code.

 

        POLE SIGN, a freestanding sign connected to the ground by one or more supports with the lower edge of the supporting structure separated vertically from the grade by a distance of at least nine feet.

 

        POLICE CUSTODY, includes:

        A.    The imposition of actual or constructive restraint by a peace officer as a result of an “arrest” as defined in ORS 133.005(1);

        B.    The imposition of actual or constructive restraint by a peace officer under a court order;

        C.    The imposition of actual or constructive restraint by a peace officer under ORS Chapter 462; or

        D.    The imposition of actual or constructive restraint by a peace officer for the purpose of taking the restrained person to an approved facility for the involuntary confinement of persons under Oregon law.

        POLICY, a city policy adopted by council ordinance or resolution.

 

        PORTABLE SIGN, sign and its support structure, typically of an A-frame design that is not affixed to a structure or the ground and is simply setting on the ground surface or sidewalk. Examples of a “portable sign” include:

 

      

 

        PRECEDING and FOLLOWING, next before and next after, respectively.

 

        PREMISES, a building, parking lot, yard, grounds, walk, driveway, porch or steps.

 

        PRIMARY FRONTAGE, the ground floor lineal length of a building wall that faces a street, driveway, parking lot, courtyard or plaza and has an entrance or exit open to the general public.

 

        PROJECTING SIGN, a building-mounted sign that projects more than 12 inches from the building to which it is mounted and is not located on a canopy, awning or marquee.

 

        PROPERTY, both real and personal property.

 

        PROSPECTIVE PETITION, information required for a completed petition, except for signatures and other identification of petition signers.

 

        PUBLIC BODY, the council and any city commission, committee, board or advisory body.

 

        PUBLIC IMPROVEMENT, a project for construction, reconstruction or major renovation on real property by or for the city. “Public improvement” does not include projects for which no funds of the city are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection, emergency work, minor alteration, ordinary repair or maintenance necessary to its preservation.

 

        PUBLIC LAND, publicly owned or leased land or buildings under city ownership, control or authority including publicly accessible property owned or controlled by Tri-Met such as transit stations, transit centers, bus shelters and light rail passenger platforms.

 

        PUBLIC PEDESTRIAN AREA, any public sidewalk, alley, or the Civic Center Plaza as defined in HMC 9.40.010, excluding public areas under the primary control of entities other than the city, as well as public streets during closures to vehicular traffic for an authorized activity.

 

        PUBLIC PLACE, premises, whether publicly or privately owned, that are open and available to the general public, in addition to streets, sidewalks, paths, trails, parks, squares, lots and grounds. If premises are privately owned, then they are a “public place” during the hours open to the general public.

 

        PUBLIC SIGN, a sign within the public right-of-way and placed by, mandated by, or with the approval of, the government agency having authority over the right-of-way in question or a sign constructed or placed by a public utility on or adjacent to a pole, pipe or distribution facility of the utility and within the public right-of-way.

 

        PUMPING STATIONS, the buildings, including facilities, pumps and equipment, for pumping fluids from one place to another.

 

        QUALIFIED ELECTOR, an individual qualified to vote under Article II, Section 2, Oregon Constitution.

 

        REAL PROPERTY, land, tenements, and other hereditaments.

 

        RECORDER, the city recorder who is the clerk of the council appointed by the manager.

 

        RECREATIONAL VEHICLE, a motor home, vehicle with camper, other vehicle, or non-motorized vehicle designed or modified for sleeping, cooking, camping, or temporary living.

 

        RECYCLABLE, any solid waste having useful physical, chemical or biological properties after having served its original purpose(s) or function(s) and which is then separated from other solid waste (either by the generator or at a material recovery facility) before the other solid waste is transported to a transfer station or landfill.

 

        RECYCLABLE MATERIAL, material that retains useful physical, chemical or biological properties after serving its original purpose or function, and is separated from solid waste that will be transported to a transfer station or landfill, either by the generator or at the material recovery facility, including newspaper, scrap paper, scrap metal, used motor oil, corrugated cardboard and craft paper, container glass, aluminum, cans, magazines, plastic bottles, office paper, cooking grease, wood, and other materials as designated by the manager.

 

        RECYCLING, any process by which solid waste material is transformed into new products such that the original product may lose its identity.

 

        REFERENDUM, ordinance submitted to electors by a petition of qualified electors.

 

        REGULAR ELECTION, a city election held at the same time as a general biennial election for electing federal, state or county officers.

 

        RESIDENTIAL, a use of real property primarily for personal or domestic accommodation, including single family and multifamily residential property, but not including hotels, motels or group homes.

 

        RESIDUAL, the solid waste remaining after material recovery has taken place and is destined for a transfer station or landfill.

 

        RESOLUTION, a council exercise of administrative authority granted by the city charter, state law or an ordinance.

 

        RIDE A SKATEBOARD, the act of propelling a skateboard by means other than carrying it.

 

        RIGHT-OF-WAY, includes all improved and unimproved portions of boulevards, roads or streets, including the portion thereof used or intended as a sidewalk, in the city used for vehicular and / or pedestrian travel, parking or traffic not including those areas adjacent to parks.

 

        ROADWAY, that portion of a street improved, designed, or ordinarily used for vehicular travel.

 

        ROLL CART, a type of refuse or recycling container used in an automated collection system.

 

        ROLLERSKATE, a shoe, or a metal frame that can be fitted to the sole of a shoe, with a set of wheels attached for skating over a flat surface.

 

        ROOF ELEVATION AREA, the area of a single plane of a roof, measured in square feet and calculated by multiplying the difference between the height of the ridge and the height of the eave by the distance between opposing rakes.

 

        ROOF LINE, the top edge of a roof or a building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections.

 

        ROOF SIGN, a sign erected upon, against or over the roof of any building.

 

        SAFETY ZONE, the space set apart within a street for the exclusive use of pedestrians and is protected by official signs or demarcations so as to be plainly visible at all times.

 

        SANITARY SEWAGE, raw sewage, septic tank or cesspool overflow, wash water, dishwater, liquid slops, waste water, or any other refuse from a dwelling, chicken house, barn or building, other than the natural roof and surface drainage water rising through and resulting from rainfall and its flow and seepage.

 

        SEASONAL DECORATION, every type of decoration displayed during and around a federally recognized holiday or on a seasonal basis, whether illuminated or not, and whether attached to utility poles, buildings or any other support.

 

        SECONDARY FRONTAGE, the ground floor lineal length of a building wall that faces a street, driveway, parking lot, courtyard or plaza and does not have an entrance or exit open to the general public.

 

        SEXUAL ORIENTATION, actual or perceived heterosexuality, homosexuality or bisexuality.

 

        SHALL, is mandatory.

 

        SIDEWALK, that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians, or where there are no curbs, the concrete pathway intended for pedestrian use between the edge of the vehicle roadway and the property line.

 

        SIGN, writing, video projection, pictorial representation, illustration, decoration (including material used to differentiate sign copy from its background), emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that by reason of its form, color, wording, symbol, design, or illumination is designed to communicate or enhance the communication of a message and is a building or any part thereof or written, printed, projected, painted, constructed, transmitted or otherwise placed or displayed upon or designed into a supporting structure or upon any material object or device whatsoever. “Sign” is not graphics, murals and artwork that do not communicate informational messages, apart from any aesthetic or artistic message. It is a disputable presumption that a graphic, mural or artwork that depicts or relates to the use of a site or building on which it is displayed, is intended to communicate an informational message about the site or building.

 

        SIGN AREA, is:

        A.    Measured within lines drawn between the outermost dimensions of the frame or cabinet surrounding the display area that contains the sign copy;

        B.    When signs are not framed or on a base material and inscribed, painted, printed, projected or otherwise placed upon or attached to a building, canopy or awning, the sign area is the smallest possible space that can be constructed with straight lines to enclose the sign copy;

        C.    For signs of a three-dimensional, round, or irregular solid shape, the sign area is determined by a flat projection of the largest cross-section; or

        D.    When signs are constructed in multiple separate pieces containing sign copy, the sign area is determined by drawing a perimeter in straight lines, as small as possible, around all pieces.

 

        SIGN CLEARANCE, the distance between the average grade below a sign to the lowermost portion of the sign.

 

        SIGN COPY, the message or image conveyed by a sign.

 

        SIGN FACE, the surfaces of a sign as seen from one plane or elevation.

 

        SIGN HEIGHT, the distance from the average level of the grade below the sign to the topmost point of the sign, including the supporting structure and foundations.

 

        SINGLE-FAMILY RESIDENTIAL PROPERTY, residential property including single-family detached homes, duplexes and triplexes in which each separate living unit is billed separately for its water and sewer utilities.

 

        SITE, the area, tract, parcel, or lot of land owned by or under the lawful control of the same owner or person in charge. Abutting platted lots under the same ownership are considered one site.

 

        SKATEBOARD, a device with a board, or similar material, mounted on roller skate or similar wheels, commonly propelled by human power, upon which a person may ride as well as roller skates, in-line roller skates, blades, scooters, coasters, roller skis or any similar recreational device.

 

        SLED, every vehicle moving over or on the ground, except those that move exclusively on revolving wheels or rotating tracks.

 

        SMOKING, any inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, grass, plant, liquid, vapor or any other tobacco or tobacco-like product or any substance in any manner or any form. This includes the use of any electronic smoking device or nicotine delivery devices which creates smoke, vapor, aerosol or any other byproduct, in any manner or in any form.

 

        SOLID WASTE MANAGEMENT AND COLLECTION SERVICES, the prevention, management, storage, collection, transportation treatment, utilization, processing disposition of solid waste (including the recycling, reuse and material recovery of or from same).

 

        SOLID WASTE CONTAINER, a receptacle for the accumulation or storage of solid waste.

 

        SOURCE OF INCOME, the means by which a person supports him or herself and any dependents, including but not limited to money and property from any occupation, profession, activity, contract, settlement, agreement, federal, state or court-ordered payments, gifts, bequests, annuities, life insurance policies or compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any federal, state or local law.

 

        SOURCE SEPARATED RECYCLABLES, recyclables containing less than five percent residual waste by weight.

 

        SPECIAL ELECTION, a city election held on the date other than a regular election.

 

        SPECIAL EVENT, an organized parade, procession, race, public assembly, performance, rally, meeting, contest, exhibit, athletic competition or presentation or other public assembly likely to consist of 25 or more persons, animals, vehicles or any combination thereof, which is to travel, assemble or use in unison or for a common purpose any right-of-way not comporting with the normal or usual regulation or control thereof.

 

        SPECIAL EVENT PERMIT, the written authorization for a special event as issued under HMC 9.36.

 

        STATE, the state of Oregon.

 

        STORM SEWER, the present existing storm sewer constructed and existing in city streets.

 

        STREET, all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

 

        STREET FRONTAGE, the length or width of a site, measured along a line separating the site from a street or public right-of-way.

 

        STREET IMPROVEMENT, construction, alteration, repair or replacement of a street, as well as all related improvements, including grading, paving, gutters, curbs, crosswalks, street intersections, sewer manholes, lamp holes, culverts and tunnels, traffic-control and safety devices to specified widths and grades, installation of curbs, base rock surfacing, asphaltic or cement concrete paving, or drainage facilities, and all incidental work required to provide for vehicular traffic and the durability of the improvements.

 

        SUBDIVISION, a site with four or more lots.

 

        SUSPENDED SIGN, a sign that is attached to the underside of and supported by a canopy or awning.

 

        TAX LOT FRONTAGE (TLF), the linear measure of the length of a piece of property that is directly adjacent to a public right-of-way.

 

        TAXICAB, a motor vehicle that is:

        A.    Designed or constructed to accommodate and transport not more than five passengers, exclusive of the driver;

        B.    Fitted with a taximeter or has some device, method or system to determine the fare due of the passenger for distance traveled; and

        C.    Operated exclusively within the corporate limits of the city and not more than three road miles beyond its limits.

 

        TAXICAB STAND, a fixed area in the roadway adjacent to the curb to be occupied exclusively by taxicabs while standing or waiting for passengers.

 

        TEMPORARY BUSINESS, a business operating at a fixed location for no more than 180 consecutive days, from which goods, other than prepared foods, are sold or dispensed to the public. Examples of temporary businesses include Christmas tree lots and fireworks and produce stands.

 

        TEMPORARY SIGN, sign and its support structure, typically of a stick sign or lightly mounted banner design that are not permanently affixed directly to a structure by hardware or anchored to the ground by concrete or other foundation. “Temporary signs” do not include portable signs. Examples of a “temporary sign” include:

 

   
       

 

        TENANT or OCCUPANT, a person holding a written or an oral lease of, or who occupies, the whole or a part of the building or land, either alone or with others.

 

        TENSES, the present tense includes the past and future tenses, and the future includes the present.

 

        TERM OF OFFICE, the term of office of the last person elected to the office.

 

        TO, means TO AND INCLUDING when used in reference to a series of sections of this code or the ORS.

 

        TOBACCO PRODUCT, any product that contains tobacco, or is derived from tobacco or nicotine, and is intended to be put in the human body. This includes all combustible, smokeless and electronic products and devices, but does not mean United States Food and Drug Administration-approved tobacco cessation products.

 

        TOBACCO USE, smoking, inhaling, exhaling, vaping and any other ingestion or consumption of a tobacco product. This does not mean the use of smokeless tobacco products such as dipping or chewing tobacco.

 

        TOY VEHICLE, roller skates, skis, sleds, or similar devices that are commonly propelled by human power and upon which a person may ride.

 

        TRAFFIC, pedestrians, livestock, vehicles, devices on stationary rail tracks, motor buses and other conveyances, either singly or together, occupying any street for the purpose of travel.

 

        TRAFFIC CONTROL DEVICE, a device, whether manually, electrically, or mechanically operated, by which traffic is directed.

 

        TRAFFIC LANE, that portion of a street intended for the movement of a single line of vehicles.

 

        TRAILER, as defined under state law.

 

        TRANSPORT, TRANSPORTATION OR TRANSPORTER, carry, haul, convey, or move.

 

        TRANSPORTATION SYSTEM PLAN (TSP), the portion of the city comprehensive plan that implements state transportation goals.

 

        TRI-VISION SIGN, a sign that contains display surfaces composed of a series of three-sided rotating slates, arranged side by side, that rotate and is capable of displaying a total of no more than three separate and distinct messages, one message at a time.

 

        VALUABLES, includes:

        A.    Cash money of $50 or more; or

        B.    Individual items of personal property with a value over $500.

 

        VAPING, heating, inhaling, exhaling, ingesting or otherwise using an electronic smoking device or other vapor, aerosol or drug delivery device.

 

        VEHICLE, every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, including devices used exclusively upon stationary rails or tracks.

 

        VEHICLE OWNER, as defined under state law.

 

        VEHICLE SIGN, a non-illuminated sign placed on or attached to the exterior of a motor vehicle, trailer, railroad car or light rail car that is used for purposes other than the display of signs.

 

        VIDEO SIGN, a sign that provides information in both a horizontal and vertical format (as opposed to linear), through use of pixel and sub-pixel technology with the capacity to create continuously changing sign copy in a full spectrum of colors and light intensities.

 

        VISION CLEARANCE AREA, a triangular area on a lot at the intersection of a street and a railroad, alley, driveway or another street, as defined and measured in the Community Development Code.

 

        WALL SIGN, a sign that is attached to or painted on the wall of a building.

 

        WARD, one of three areas of the city that have substantially equal populations with boundaries set by ordinance.

 

        WEEK, seven consecutive days.

 

        WRITING, any form of recorded message capable of comprehension by ordinary visual means, including, but not limited to, printed, typewritten, mimeographed, or multigraphed. When a notice, report, statement or record is required or authorized by city ordinance, resolution, rule or order it must be made written in English unless expressly provided otherwise.

 

        YARD DEBRIS, vegetable matter, other than lumber or decomposable prepared food waste, commonly found in a yard or residence, including leaves, weeds, grass clippings, plants, seasonal ornamental greenery, branches or other woody materials or similar vegetation no greater than four inches in diameter and 36 inches in length, whether or not such materials were grown on the premises.

 

        YEAR, a calendar year unless otherwise provided.

 

        YIELD, to reduce speed and surrender to traffic on the intersecting street the right to proceed without hazard and impediment.

 

        ZONING ORDINANCE, Ordinance No. 1945, as amended. (Ord. 6451 § 1, 2023; Ord. 6397 § 1, 2022; Ord. 6332 § 1, 2020; Ord. 6162 § 3, 2016; Ord. 6121 § 1, 2015; Ord. 6114 § 1, 2015; Ord. 6103 § 1, 2014; Ord. 6037 § 2, 2012; Ord. 6024 § 1, 2012; Ord. 5997 § 1, 2011; Ord. 5966 § 1, 2011)