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Abutting means adjoining with a common boundary line, except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures eight feet or more in a single direction.

Access means a way or means of approach to provide pedestrian, bicycle or motor vehicular entrances or exits to a property or street.

Access corridor means a separate or shared travel way for pedestrians and bicyclists to minimize travel distances as well as connect within and between subdivisions, planned unit developments, residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools, parks, and convenience shopping. The following are typical types of access corridors:

1. Multi-use path means a paved way, unless otherwise specified, that is separated from the roadway; intended to serve as a low stress facility for pedestrians and bicyclists. Multi-use paths include connector multi-use paths, primary multi-use paths and multi-use trails and may also have the same meaning as shared use paths where that term is used.

a. Connector multi-use path means a type of multi-use path that minimizes travel distances within and between residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools and parks. Often connects to primary multi-use paths or trails.

b. Primary multi-use path means a type of multi-use path that is part of the City-wide non-vehicular system that is illustrated on the Transportation System Plan Figure 5-1, Bicycle Low Stress Network, and/or as identified in the Engineering standard cross-sections.

c. Multi-use trail means a multi-use path that is on public property open to the public or on private property and in a public access easement, and is managed by Bend Parks and Recreation District, another agency, or private party.

2. Bike lane means a portion of the roadway that has been designated by permanent pavement markings or signage for the exclusive use of bicyclist. A bike lane may be lane-only, buffered, separated, or other types as defined in the City of Bend Standards and Specifications.

3. Shared roadway means a roadway that is shared by bicyclists and where there are no sidewalks or multi-use paths it is also shared by pedestrians. Shared roadways include neighborhood greenways.

Accessible means approachable and usable by people with disabilities; compliance with the Federal Americans with Disabilities Act.

Accessible parking means a parking site that meets all Federal, State and local requirements, whichever is the more strict.

Accessible parking space means a space designed to provide parking area for a motor vehicle, owned by a person who has a condition of physical or mental disability that limits one or more major life activities as specified in Section 504 of the Federal Rehabilitation Act of 1973, Americans with Disabilities Act, and State law, and whose vehicle displays a current State-issued disabled person license plate or disabled person parking permit. Also referred to as a “handicapped parking space.”

Accessory dwelling unit means a small, secondary dwelling unit on a lot or parcel with a single-unit dwelling as a primary use.

Accessory Use/Accessory Structure. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot.

ADAAG means Americans with Disabilities Act Accessibility Guidelines.

Adjacent means abutting or located directly across a street right-of-way.

Affected person means any person adversely affected or aggrieved by a decision relating to the development actions covered by the City of Bend Development Code.

Affordable housing means housing with a sales price or rental amount that is within the means of a household that may occupy moderate- and low-income housing. Unless otherwise specified, affordable housing must meet one of the thresholds defined below in subsections (1) and (2) of this definition.

1. In the case of dwelling units for sale, “affordable” means housing in which the mortgage, amortized interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 30 percent of such gross annual household income for a family at 80 percent of the area median income, based upon most recent HUD Income Limits for the Bend Metropolitan Statistical Area (Bend MSA).

2. In the case of dwelling units for rent, “affordable” means housing for which the rent and utilities constitute no more than 30 percent of such gross annual household income for a family at 60 percent of the area median income, based upon most recent HUD Income Limits for the Bend MSA.

Agent means any person who represents or acts for any other person in disposing of interests in a land development.

Agricultural building or equine facility means buildings and structures that are exempt from the State of Oregon Structural Specialty Code as agricultural buildings and equine facilities as described in ORS 455.315. A structural building permit is not required for agricultural buildings or equine facilities located on the same lot or parcel receiving special assessment for farm use.

Agriculture. See “Farming or farm use.”

Airport or aircraft landing facility means any landing area, runway, landing pad, or other facility designed, used or intended to be used by aircraft, including helicopters, and including all necessary taxi-ways, hangars and other necessary buildings and open spaces.

Alley means a narrow way serving more than one lot or parcel primarily for vehicular access to the back or side of properties.

Annexation means the process by which a municipality, upon meeting certain requirements, expands its corporate limits.

Annexation agreement means a written agreement between the City and owners of land requesting annexation that states the terms, conditions and obligations of the parties to extend public facilities and public services and mitigate public facility and public service impacts to the City associated with the annexation and future development of the property. The agreement may be used to ensure annexation is consistent with the Bend Comprehensive Plan, area plans and/or master plans.

Annexation contract means a contract between a city and a landowner containing the landowner’s consent to eventual annexation of the landowner’s property in return for extraterritorial services. The contract will be recorded and will be binding on all successors with an interest in that property.

Apartment. See “Multi-unit residential.”

Appeal means to make a formal challenge to an official decision.

Applicant means a person submitting an application; the owner of affected property, or the owner’s duly authorized representative. The Community and Economic Development Director may require proof of the sufficiency of the representative’s authorization by the owner to act as applicant on the owner’s behalf.

Application means all materials and information submitted for action authorized under this code and on related administrative forms and checklists.

Arcade means (1) a range of arches carried on piers or columns, either freestanding or blind, i.e., attached to a wall; (2) a covered passage with shops on one or both sides; (3) an exterior covered passageway along a building facade open to the street frontage.

Architrave means the lintel extending from one column or pier to another or the lowest of the three main parts of an entablature.

Area of special flood hazard means the land within a community that is in a floodplain subject to a one percent or greater chance of flooding in any given year as designated by the Federal Emergency Management Agency (FEMA). Flood hazard designations on FEMA maps always include the letters A or V. Same as “base flood.”

Area plan means a plan adopted by the City Council for a specific geographic area, including, but not limited to, certain designated UGB expansion areas and opportunity areas, that implements the applicable goals and policies of the Bend Comprehensive Plan, coordinates development, and provides flexibility to tailor land use regulations, and transportation and infrastructure plans to serve the land uses within the plan area.

Area plan, framework level means a conceptual plan that includes major transportation, sanitary sewer and water network layout and general land use arrangements consistent with the Bend Comprehensive Plan.

Argument means assertions and analysis by a party regarding the satisfaction or violation of legal standards or policy believed to be relevant to the decision. “Argument” does not include facts.

Arterial. See “Street or road.”

Articulate/articulation means the jointing and interrelating of building spaces through offsets, projections, overhangs, extensions and similar features.

Attached is used in the BDC with different meanings. For accessory dwelling units, duplexes, triplexes and quadplexes “attached dwelling unit” means dwelling units attached by one of the following options as shown in the following figure. The shared or attached wall must be the wall of an enclosed interior space of a dwelling unit and may include the walls of attached garages, and does not include porches, patios, decks or stoops.

1. A dwelling unit must share a common wall for at least 25 percent of the length of another dwelling unit; or

2. The entire length of one elevation of a dwelling unit must be attached to another dwelling unit.

Attic means the unfinished space between the ceiling assembly and the roof assembly.

Automobile-dependent use means automobiles and/or other motor vehicles are served by the use and the use would not exist without them, such as vehicle repair, gas station, car wash or auto and truck sales.

Automobile-oriented use means automobiles and/or other motor vehicles are an integral part of the use, such as drive-up, drive-in, and drive-through facilities.

Automobile wrecking means the dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts. More than two dismantled, obsolete or inoperable motor vehicles or parts thereof on one lot constitutes a wrecking yard.

Awning means a roof-like cover extending over or in front of a place (as over the deck or in front of a door or window) as a shelter.