ARTICLE 1: INTRODUCTORY PROVISIONS SECTION 108a CONSTRUCTION AND DEFINITION The construction of words in provisions of the Ordinance and the definitions of words in the Ordinance shall be as follows. A. CONSTRUCTION The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Ordinance. 1) Tense: Words used in the present tense shall include the future tense. 2) Number: Words used in the singular shall include the plural and words used in the plural shall include the singular. 3) Shall and May: The word "shall" is mandatory. The word "may" is permissive. 4) Gender: The masculine shall include the feminine and neuter. 5) Headings: In the event there is any conflict or inconsistency between the headings of an Article, Section or paragraph of this Ordinance and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of the context. 6) The word "County" shall mean Baker County, Oregon. The words "County Court" and "Court" shall mean the County Court of Baker County. The words "Planning Commission" and "Commission" shall mean the County Planning Commission of Baker County duly appointed by the County Court. The words "Planning Director", "Community Development Director" and "Director" shall mean the Baker County Planning Director or Baker County Community Development Director. B. DEFINITIONS As used in this Ordinance the following words and phrases shall mean: Accepted farming practice: A mode of operation common to farms and ranches of a similar nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in money, and customarily utilized in conjunction with farm use. Access: The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property. Accessory use or accessory structure: A use of land, building or other structure that is incidental and subordinate to the main use of such land, building, or other structure and is located on the same lot or parcel as the main use. Adjustment of a property line: The relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with the applicable zoning. This line adjustment is also known as a Lot Line Adjustment. [Ref. ORS 92.010 (7)(b)] Affected persons: Includes those owners of record of real property located within a minimum distance of 250 feet from the requested land use action. Agricultural land: Land classified by the U.S. Soil Conservation Service (SCS) as predominantly Class I-VI soils and other lands which are suitable for farm use, taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions, existing land use patterns, technological and energy inputs required, or accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be included as agricultural land. Agricultural use: See, Farm use. See, also ORS 215.203(2)(a,b). Alley: A street or right-of-way which affords only a secondary means of access to property. Apartment house or multiple family dwelling: Any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments. Apartment shall mean a dwelling unit. Automobile and trailer sales area: An open area other than a street used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor, incidental repair of automobiles or trailers to be displayed, sold or rented on the premises. Automobile wrecking yard or junkyard: Any establishment or place of doing business that is maintained, operated or used for storage, keeping, buying or selling old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped, or ruined motor vehicles, or motor vehicle parts, iron, steel, or other old or scrap ferrous or non-ferrous material, metal or non-metal material; and the term includes automobile graveyards and scrap metal processing facilities. Basement: A story partly underground. A basement shall be counted a story in building height measurement when the floor level directly above is more than six feet above the average level of the adjoining ground. Building: A structure designed or intended for the support, shelter or enclosure of persons, animals, goods, chattel, or property of any kind. Building sites: One or more lots or parcels of land grouped together to be used for construction of a residence or other structure as permitted in the zone in which the property is located. Camp, tourist or trailer park: See, Campground or RV/Recreational Vehicle Park, Section 108(B). Campground: An area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes. A camping site may be occupied by a tent, travel trailer or recreational vehicle. Campgrounds authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. See, also RV/Recreational Vehicle Park, Section 108(B). [OAR 660-33-130(19)(1994)] Commercial: The holding of goods, chattel or other commodities of any kind for sale, rent or lease or for storage for a fee on a regular basis by any method or the offering or making available on a regular basis services for a fee or for sale or any combination of the foregoing. Commercial agriculture: Consists of farm and ranch operations which will: a. Contribute in a substantial way to the area's existing agricultural economy; b. Help maintain agricultural processors and established farm markets; and c. When determining whether a farm is part of the commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered. Commercial agricultural enterprise: Consists of farm operations that contributes in a substantial way to the area's existing agricultural economy and helps maintain agricultural processors and established farm markets. When determining whether a farm is part of the commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered. [OAR 660-33-020(2)(a)(1994)] Commercial dwelling: A dwelling designed or intended to serve or accommodate one or more transient or traveling persons such as hotels, motels, vacation lodges and others of a similar nature. Contiguous: Connected in such manner as to form a single block of land. [OAR 660-33-020(3)(1994)] Contiguous land: Areas, tracts or units of land, including water, under single ownership, having one or more boundary lines wholly or partially in common, except: a. when units are joined by a point contact only; or b. when units are separated by a four-lane public road. Date of creation and existence: When a lot, parcel or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a dwelling, the date of the reconfiguration is the date of creation or existence. Reconfigured means any change in the boundary of the lot, parcel or tract. [OAR 660-33-020(4)(1994)] Declarant: The person who causes a subdivision or partition plat to be prepared. The declarant is the fee owner of the land subdivided or partitioned. [Ref. ORS 92.010, 92.075(1)(2)] Declaration: The instrument describing why the subdivision or partition plat was created. [Ref. ORS 92.010, 92.075(1)(2)] Designated rangeland: Unirrigated agricultural land, and land so interspersed with it that the interspersed land could not be used for another purpose without adversely affecting the rangeland activities. The predominant use of this type of land is for livestock grazing. Disposal site: The use of land for the disposal or handling of solid waste, including but not limited to dumps, sanitary landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning services, salvage sites, incinerators for solid waste delivered by the public, or by a solid waste collection service, and composting plants; the term does not include a facility subject to the water pollution permit requirement of ORS 468.740 or a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar materials, unless the site is used by the public, either directly or through a solid waste collection service. Dwelling: Any building or portion thereof which is not an apartment house, lodging house or hotel, which contains one dwelling unit intended or designed to be built, used, rented, leased, let or hired out or sold to be occupied or which is occupied for living purposes. Dwelling shall also mean that structure located on the same lot or parcel as the dwelling of a farm operator and occupied by a relative, which means grandparent, parent, child, brother or sister of the farm operator, and whose assistance in the management of the farm is or will be required by the farm operator. IT SHOULD BE NOTED THAT DWELLINGS APPROVED UNDER ORS 215.283(1)(e) CANNOT BE PARTITIONED FROM THE PARENT PARCEL (ORS 215.263(7)) EXCEPT AS OTHERWISE AUTHORIZED BY THE ORDINANCE. a. Single family dwelling: A detached building containing one dwelling unit. b. Two-family dwelling (Duplex): A detached building containing two dwelling units designed for occupancy by two families. c. Recreational dwelling: A residence occupied intermittently in conjunction with leisure time activities. Dwelling, Lawfully established: A structure intended for human occupancy having intact exterior walls and roof structure, a heating system, interior wiring for interior lights, and indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system, which for replacement purposes, 1) if established prior to final acknowledgment of the County's Comprehensive Land Use Plan on April 24, 1986: a. the dwelling was established prior to February 1, 1974; or b. the dwelling received documented zoning approval from the County; or c. where no documented evidence of zoning approval from the County is provided, the County provides notice and a public hearing in accordance with Section 1106 of this Ordinance, and based upon testimony submitted in the hearing the Planning Commission determines that: i) the County has no record or documentation that indicates the dwelling was unlawfully established, and ii) use of the dwelling has not created conflicts with farming or forest practices on adjacent or nearby lands zoned for farm or forest use. 2) if established after final acknowledgment of the County's Comprehensive Land Use Plan on April 24, 1986, the dwelling received documented zoning approval. 3) the date of establishment for purposes of 1) and 2) above, shall be determined by the date the dwelling received documented zoning approval or where no documented zoning approval is provided, the earliest date indicated by County Assessor's records that the dwelling existed, or as otherwise determined by the County Assessor. 4) is not a travel trailer or recreational vehicle as defined in this Ordinance. Dwelling unit: A structure containing one room of at least 150 square feet of floor area with a -ceiling height of not less than seven feet six inches and at least one other room of 70 square feet. There shall also be cooking facilities and a bathroom with a ceiling height of not less than seven feet. Easement: A grant of the right to use a parcel of or portion thereof for specific purposes where ownership of the land or portion thereof is not transferred. Family: An individual of two or more persons related by blood, marriage, adoption, legal guardianship, living together as one dwelling unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons, living together as one housekeeping unit using one kitchen; or five or fewer unrelated physically or mentally handicapped adults plus staff, living together as one housekeeping unit using one kitchen. (Ch. 293 OR Laws 1983) Farm operator: A person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing. A farm operator plays the predominant role in the management and farm use of the farm. [OAR 660-33-130(9)(1994)] Farm use: The current employment of land for the primary purpose of obtaining a profit in money, including that portion of such land under buildings supporting accepted farming practices, by raising, harvesting and selling crops or by 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. Farm use includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. (See ORS 215.203 for a complete description). Feeding station: An area, public or private, the primary use of which is to feed big game. Emergency feeding stations are limited to ones not in use beyond two feeding seasons. No permanent structures are to be allowed at an emergency feeding station. Feedlot: An enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for marketing. Fence, site obscuring: A fence or planting arranged in such a way as to effectively prevent vision of objects which are screened by it. Flood hazard area: The relatively flat area of lowland adjoining the channel of a river, stream, other water course, lake or reservoir which has been or may be covered by a 100-year flood. Flood hazard boundary map: An official map of the community furnished by the Federal Insurance Administration labeled as Flood Hazard Boundary Map and delineating the boundaries of the special hazard areas. Floodway, regulatory: The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the waters of a 100 year flood. Forest land: Land composed of existing and potential forest lands which are suitable for commercial forest uses including the production of trees and the processing of forest products; other forested lands needed for watershed protection, wildlife and fisheries habitat and recreation; lands where extreme conditions of climate, soil and topography require the maintenance of vegetative cover irrespective of use; and other forested lands in urban and agricultural areas which provide urban buffers, windbreaks, wildlife and fisheries habitat, scenic corridors and recreational use. Forest uses: The production of trees and the processing of forest products, open space, buffers from noise, visual separation of conflicting uses, watershed protection and wildlife and fisheries habitat, soil protection from wind and water, maintenance of clean air and water, outdoor recreational activities and related support services and wilderness values compatible with these uses and grazing for livestock. Front building line: The property line separating a lot or parcel from a public road or street other than an alley; in the case of a corner lot or parcel, either of two such lines may be designated the front building line, providing the other has a length that is one-half of the minimum allowable under this Ordinance; or in the case of a reverse lot or parcel (i.e., one abutting two such public roads or streets other than a corner lot or parcel), either of two such lines may be designated the front building line, providing the other has a length that is one-half of the minimum allowable under this Ordinance. Future development area: High priority areas for development at some future time if a needs Exception can be justified at that time. Golf course: An area of land with highly maintained natural turf laid out for the game of golf with a series of 9 or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. For the purposes of this ordinance, a golf course means a 9 or 18 hole regulation golf course or a combination 9 and 18 hole regulation golf course consistent with the following: a. A regulation 18 hole golf course is generally characterized by a site of about 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 32 to 36 strokes. b. Non-regulation golf courses, as defined in 108(B) are not allowed uses in the Exclusive Farm Use zone. OAR 660-33-130(20)(1994) Golf course accessory use: A facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course. An accessory use or activity does not serve the needs of the non-golfing public. Accessory uses to a golf course may include parking; maintenance buildings; cart storage; clubhouse; restrooms, lockers and showers; food and beverage service; pro shop; a practice or beginners course as part of an 18 hole or larger golf course. Accessory uses to a golf course do not include: sporting facilities unrelated to golfing such as tennis courts, swimming pools, and weight rooms; wholesale or retail operations oriented to the non-golfing public; or housing. [OAR 660-33-130(20)(d)(A)(1994)] Grade (ground level): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and 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. Gravel operation: Includes the crushing, sorting, screening and asphaltic compounding normally associated with such operation whether for immediate removal or stockpiling. The term does not include the storing or stockpiling of asphaltic compounds or compounded materials or any wastes or residue thereof on a continuing basis. Gravel site: The use of the land for the purpose of recovery of water-deposited, non-metallic materials. Height of building: The vertical distance above grade to the highest point of the coping roof; or the average height of the highest gable of a pitch or hip roof. High-value farmland: Land in a tract composed predominantly of soils that are: a. Irrigated and classified prime, unique, Class I or Class II; or b. Not irrigated and classified prime, unique, Class I or Class II. c. Tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture taken prior to November 4, 1993. Specified perennials include perennials grown for market or research purposes including, but not limited to, nursery stock, berries, fruits, nuts, Christmas trees or vineyards, but not including seed crops, hay, pasture or alfalfa. Soil classes, soil ratings or other soil designations used in or made pursuant to this definition are those of the Soil Conservation Service in its most recent publication for that class, rating or designation before November 4, 1993. The soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property owner submits statement of agreement from the Soil Conservation Service that the soil class, soil rating or other soil designation should be adjusted based on new information. [OAR 660-33-020(8)(1994)] Home occupation: A lawful occupation carried on within a dwelling or a customary accessory building thereto, by members of family occupying the dwelling with no more than five full or part-time employees being engaged. The home occupation shall not impart the outward appearance of a business in the ordinary meaning of that term; cause or lead to a significant increase in the flow of traffic in the neighborhood or noise production or any other form of environmental pollution; and shall maintain the residential character of the dwelling and neighborhood.