ARTICLE 1: INTRODUCTORY PROVISIONS SECTION 108b CONSTRUCTION AND DEFINITION Hotel, motel: Any building containing six or more guest rooms intended or designed to be used or which are used, rented, or hired out to be occupied for sleeping purposes. Industrial: The making of commodities by manufacturing, assembling, fabricating, generating or compounding by manual labor or machinery; the term includes physical or chemical processes or combinations thereof. Irrigated: Watered by an artificial or controlled means, such as sprinklers, furrows, ditches, or spreader dikes. An area or tract is irrigated if it is currently watered, or has established rights to use water for irrigation, including such tracts that receive water for irrigation from a water or irrigation district or other provider. [OAR 660-33-020(9)(1994)] Kennel: Any lot or building maintained for the purpose of boarding, breeding or raising six or more dogs or cats over the age of eight months for personal use, for a fee or for sale. Land development: The subdividing or partitioning of land for any purpose into parcels, or the creation of units or parcels for the purpose of sale and includes the creation of a condominium, a planned unit development, or a division of a similar nature. The term also includes the intent for disposition of any land whether contiguous or not, including any land divided, lots, parcels, units, or interests that are offered as part of a common promotional plan advertising a disposition where the land development is offered for disposition by a single developer or a group of developers acting in concert. If the land is contiguous or is known, designated or advertised as a common unit or by a common name, the land shall be presumed, without regard to the number of lots covered by each individual offering, to be offered for disposition as a part of a common promotional plan. Livestock sales yard: An enclosure or structure designed or used for holding livestock for purpose of sale or transfer by auction, consignment or other means. Lodging house or rooming house: Any building or portion thereof containing not more than 5 guest rooms which are used by not more than 5 guests where rent is paid in money, goods, labor or otherwise. Board may or may not be included. Lot: A unit of land that is created by a subdivision of land, and is intended as a unit for disposition, transfer of ownership or interest or for development. [Ref. ORS 92.010(3)] Lot area: The total horizontal area within the boundary lines of a lot or parcel, exclusive of streets, roads and access easements to other property which are maintained in the underlying fee of the lot or parcel. The lot area of a lot or parcel created as a result of a subdivision or partition after the effective date of this provision, shall not be less than eighty-five percent (85%) of the minimum lot or parcel size required by the zone. Lot, corner: See, Corner lot. Lot line: The property line bounding the lot. Lot line, front: See, Front Building Line. Lot line, rear: See, Rear Lot Line. Lot line, side: See, Side Lot Line. Lot size: The total horizontal area within the boundary lines of a lot, including streets, roads or access easements to other property, where the underlying fee within the right-of-way area occupied by the street, road or access easement remains with the lot. Lot width: The average horizontal distance between the side lot lines ordinarily measured parallel to the front lines. Major partition: A partition which includes the creation of a road or street without which there would not be vehicular access to the lots created. Map: A final diagram, a drawing representing a subdivision or partition. Mining site: The use of land for the purpose of extracting organic or inorganic ores or minerals from the earth including gravel or quarrying substances or materials. Minor partition: A partition that does not include the creation of a road or street. Mobile home: A structure or vehicle containing one dwelling unit that is constructed in whole or in part for non-self-propelled movement on the public highways. A mobile home shall be no less than 500 square feet as measured by its external dimensions, exclusive of any hitching or towing device. A mobile home shall bear the insignia of compliance with ORS 446 as administered by the Oregon Department of Commerce. Mobile home park: Any place where four or more mobile homes are located within 500 feet of one another on a lot or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space in connection with securing the trade or patronage of such persons. Modular home: A factory-built home that has a continuous width of 20 feet or more and is the result of the combination of joining (at the time placed on the property) of two or more sections, to which wheels may be attached for the purpose of moving it to a permanent location to be affixed to the real property by a permanent and continuous wall foundation. Modular homes are regulated by provisions of the Oregon Structural Specialty Code. Motel: See, Hotel. Motor home: A structure or vehicle containing some or all of the provisions of a dwelling unit, that is constructed for self-propelled movement on public highways. A motor home is or may be subject to the motor vehicle licensing requirements of the Oregon Department of Motor Vehicles. Motor sports events: Drag racing, snowmobile drag racing, stock car and other circle track racing, sand drag and other off-road racing, motorcycle racing, go-cart racing and radio controlled car racing and accessory facilities. Multiple family dwelling: See, Apartment House or Lodging House. Natural area: Includes land and water that has substantially retained its natural character and land and water that, although altered in character, is important as habitat for plant, animal or marine life, for the study of its natural, historical, scientific or paleontological features or for the appreciation of its natural features. Natural hazard area: An area that is subject to natural events that are known to result in death or to endanger the works of man, such as stream flooding, ground water, flash-flooding, erosions and deposition, landslides, earthquakes, weak foundation soils and other hazards unique to a local or regional area. Negotiate: Any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition including but not limited to advertising, solicitation and promotion of the sale of such land. Non-conforming structure or use: A lawful, existing structure or use at the time this Ordinance or any Amendment thereof becomes effective, which does not conform to the requirements of the zone in which it is located. Non-regulation golf course: Golf courses or golf course-like development that does not meet the definition of golf course in 108(B) including but not limited to executive golf courses, Par 3 golf courses, pitch and putt golf courses, miniature golf courses, and driving ranges. Open space: Consists of lands used for agricultural or forest uses and any land area that would, if preserved and continued in its present use, conserve and enhance natural or scenic resources; protect air or streams or water supply; promote conservation of soils, wetlands, beaches or marshes; conserve landscaped areas, such as public or private golf courses, that reduce air pollution and enhance the value of abutting or neighboring property; enhance the value to the public of abutting or neighboring forests, wildlife preserves, nature reservations or other open space; enhance recreation opportunities; preserve historic, geological and archeological sites; promote orderly urban development; and minimize farm and non-farm conflicts. Owner: A person, his authorized agent or representative having legal authority to use, transfer or lease land. Owner shall also mean the contract purchaser of real property of record as shown on the last available complete tax assessment role. Parcel: A single unit of land created: 1) By partitioning land as defined in ORS 92.010; and 2) By a recorded deed or land sales contract prior to January 1, 1990 in which each parcel resulting from the partition complied with the applicable planning, zoning, or partitioning standards in effect at the time the partition occurred; or 3) By partition plat after January 1, 1990 which has been duly recorded in the Office of the County Clerk; or 4) As a result of a court approved lien foreclosure of a "mortgage segregation" used to facilitate and secure a loan from a federally insured lending agency. 5) As a result of probate action prior to final acknowledgment of the County's Comprehensive Plan on April 24, 1986. 6) Does not include a unit of land created solely to establish a separate tax account. 7) A lot of a duly recorded subdivision or parcel of a legal partition shall remain a discrete lot or parcel, unless the lot or parcel lines are vacated by property line adjustment, replatting, or where parcels were created by deed, by incorporating legal area descriptions from two or more deeds into a single deed, or unless the lot or parcel is further legally divided, as provided by law. 8) Notwithstanding subsection (7) of this definition, separate lots or parcels shall be maintained where a deed: a. describes lots or parcels created as a result of a duly recorded subdivision plat, partition plat, or re-plat; or b. describes units of land that are not contiguous; or c. describes units of land that are contiguous only at a single point; d. conveys more than one parcel into a trust for estate planning purposes. In such event, each parcel conveyed into the trust may only be re-conveyed in the exact configuration that the parcel was conveyed into the trust, unless prior planning approval is granted to convey the property in a different configuration. Parcel size: The total horizontal area within the boundary lines of a parcel, including streets, roads or access easements to other property, where the underlying fee within the right-of-way area occupied by the street, road or access easement remains with the parcel. Parking space: A clear offstreet area, for the temporary parking or storage of one automobile, having an all-weather surface width not less than 8.5 feet, length not less than 22 feet, and being not less than 8.5 feet in height when within a building or structure. Partition: An act of partitioning land or an area or tract of land partitioned. Partition land: Means to divide land into two or three parcels of land within a calendar year but does not include: [Ref. ORS 92.010(7)] 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 an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance. c. The division of land resulting from the recording of a subdivision or condominium plat; or [Ref. ORS 92.010(7)(c), 1993] 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)(p) to (r) and 215.283(2)(p) to (r). 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. (ORS 92.010(7)(d)) Partition plat: A final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition prepared by an Oregon Licensed Surveyor. [Ref. ORS 92.010(8), 92.050(3)] Person: An individual, a domestic or foreign corporation, a partnership, an association, a joint stock company, a trust, a firm, a social or fraternal organization, an estate, receiver, syndicate, branch of government or any other group or combination acting as a unit. Planned unit development: A land area designated as a unified combination of land uses; generally with a mixture of residential, single and multi-family types, open space or recreation areas for the direct use and benefit of all the lot owners within the development and sometimes shopping or community facilities. A planned development includes a planned unit, a homes association, and common property. Plat: A final subdivision plat, replat or partition plat map. [Ref. ORS 92.010(9)] Prefabricated dwelling: A dwelling which has been wholly or substantially manufactured at an off-site location to be wholly or partially assembled on site; but does not include a mobile home, motor home, trailer home, travel trailer, or recreational vehicle. Property line: Refers to any boundary line of a lot or parcel of land under one ownership. a. Front property line: That property line separating a lot or parcel from a road, street or highway. A corner lot or parcel may have two such lines. b. Rear property line: That property line opposite or most nearly opposite the front line. c. Side property line: A property line that is not the front or rear property line. Property line adjustment: The relocation of a common property line between two adjacent properties. Public use: A structure or use intended or used for public purpose by a city, a school district, the County, the State or by any other public agency or public utility. This does not include landfill sites, garbage dumps or utility facilities. Quarry site: The use of land for the purpose of recovering rock, stone, slate or the like. See, Mining Site. Rear lot line: The lot line which is opposite and most distant from the front lot line. In the case of an irregular triangular or other shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line. Recreation camps or resorts: An area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon payment of a fee. Recreation park: See, Campground or RV/Recreational Vehicle Park, Section 108(B). Recreation vehicle: A vacation trailer or other unit with or without motive power, designed for human occupancy, which has a floor space of less than 500 square feet. RV/Recreational vehicle park: An area used primarily for siting recreational vehicles/trailers for overnight/ temporary camping purposes. A recreational vehicle park is more developed than a campground, with electrical hookups, and cleared/paved areas for placement of the recreational vehicles. See, also Campground, Section 108(B). Relative: For the purposes of the provisions of BCZO 301.01(o) only, "relative" means: grandparent, grandchild, parent, child, brother or sister. [ORS 215.283(1)(B)] Replat: 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. Residence: A place wherein the occupant dwells permanently or for the predominant portion of time. Riparian zone or area: Refers to an area within which vegetation grows adjacent to naturally occurring streams, lakes, ponds, bogs and marshes without which the vegetation would not exist. Road or street: A public or private way that is created to provide ingress and egress for a person to one or more lots, parcels, areas or tracts of land excluding a private way that is created to provide ingress and egress to such land in conjunction with the use of land for forestry, mining, or agricultural purposes without a residential facility. a. City street: A public way, right of way, or traveled way in whole or in part that is subject to the control of an incorporated city or town. b. County road: A public way, right of way, or traveled way which in whole or in part is subject to the control of the County and has been designated by the County as a part of the County road system for maintenance or repair. c. Private road: A private way, right of way, or traveled way in whole or in part that is subject to the control of one or more private persons. d. Public road (public use road): A public way, right of way, or traveled way in whole or in part that is subject to the control of the County but that is not a part of the County road system for maintenance or repair. e. Right of way and traveled way: Includes all bridges, tunnels, fills, and other structures or improvements designed or intended to provide continuity of such ways. f. State highway: A public way, right of way, or traveled way in whole or in part that is subject to the control of the State of Oregon. Sale or sell: Includes every disposition or transfer of land in a subdivision or partition or an interest or estate therein. Semi-public use: A structure or use intended or used for semi-public purpose by a church, lodge, club, or any other non-profit organization. Series partition: A series of partitions of land located within this state resulting in the creation of four or more parcels over a period of more than one calendar year and composed of a series of minor partitions, a series of major partitions, or a combination of both. Set-back: An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this Ordinance. Sign: An outdoor sign, display, message, emblem, device, figure, painting, drawing, placard, poster, billboard or any other illustrative device that is used, designed, or intended for advertising purposes or to inform or to attract the attention of the public. The term includes the sign's supporting structure, display surface, and all other component parts of the sign. When dimensions of a sign are specified, the term includes panels and frames; the term includes both sides of the sign as to specified dimensions or areas. The term shall not include a sign that is reasonably necessary or required by any branch or agency of government pursuant to any public law or regulation. Structural alteration: Any change to the supporting members of a structure, including foundation, bearing walls, or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls. Structure: Something constructed or built and having fixed base on, or fixed connection to, the ground or another structure. Subdivide land: Means to divide land into four or more lots within a calendar year. Subdivision: The act of subdividing land or an area or a tract of land subdivided. Subdivision plat: A final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision. Tract: One or more contiguous lots or parcels in the same ownership. [OAR 660-33-020(10-)(1994)] Trailer home or travel trailer: A structure or vehicle containing some or all of the provisions of a dwelling unit that is constructed for non-self-propelled movement on the public highways and contains less than 500 square feet. Tree farm: Timber stand improvements according to standards of the Agricultural Stabilization and Conservative Service (ASCS) performed for the twin objectives of fuel reduction to minimize the threat of wildfire and growth promotion of commercial species. These objectives are achieved by disposal of dead and down forest fuels, pruning and thinning. Reforestation as a tree farming practice may be regulated by the Oregon Forest Practices Act. Undivided interest: A share, membership or undivided co-ownership which includes rights of access and use of property. Undivided interests are controlled by ORS 92.305 to 92.495. Unit owner/ownership: The person owning a unit in any real estate tenancy relationship recognized under the laws of this state. Use: The purpose for which land or a structure is designed or intended or for which either is occupied or maintained. The term shall include accessory uses subordinate to the main use. Utility facility: Any major facility or structure, as distinguished from local distribution utility facilities, owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution, or processing of its products or for the disposal of cooling water, waste or by-products and including power transmission lines, major trunk pipelines, power substations, dams, water towers, railroad tracks, sewage lagoons, sanitary landfills, and similar facilities. Excluded from this definition are dams whose impoundments exceed 1000 acre feet or electric transmission lines greater than 115KVs. Local distribution utility facilities are local sewer, water, gas, telephone and power distribution lines and are permitted as outright uses in any zone. Towers 200' or higher must be reviewed as Conditional Use. A power generation facility shall not preclude more than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to OAR 660 Division 4. [OAR 660-33-130(17)(1994)] Vision clearance area: A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines manufactured from the corner intersection of the lot line to a distance specified in these regulations. The third side of the triangle is a line across the corner of a lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines shall be extended in a straight line to a point of intersection. The vision clearance area shall contain no plantings, walls, structures or temporary or permanent obstruction exceeding three-and-one-half feet in height measured from the top of the grade. Wildlife Management Area: Any land, under any ownership, whose use or access is intentionally controlled in any way for the principle purpose of managing wildlife. Yard: An open space on a lot which is unobstructed from the ground upward except as otherwise provided in this Ordinance. a. Yard, front: A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building. Any yard meeting this definition and abutting on a street or road other than an alley shall be considered a front yard. b. Yard, rear: A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the building. c. Yard, side: A yard between the front and rear yards measured horizontally at right angles from the side lot lines to the nearest point of the building.