For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT. The sharing of a common boundary with another property, the property line. A common boundary does not refer to a property line abutting a street.
BUILDING DEPARTMENT. The Douglas County Building Department and its agents and inspectors.
CITY ADMINISTRATOR. The person employed by the City Council to act as City Administrator and any person to whom the City Administrator may delegate his or her duties under this chapter.
CODE. The City of Drain’s Land Use Code.
COMPREHENSIVE PLAN. The “Comprehensive Plan, Drain, Oregon” adopted by the City Council on May 20, 1980, and any amendments thereto.
FARM USE. The current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops, or by feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honey bees or for dairying and the sale of dairy products for any 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. FARM USE also includes the propagation, cultivation, maintenance and harvesting of aquatic species.
(1) It does not include the use of the land subject to the provisions of O.R.S. 321 (timber taxation), except land used exclusively for growing cultured Christmas trees as defined by O.R.S. 215.203(3).
(2) Current employment of land for FARM USE includes:
(a) Land subject to any farm-related government program;
(b) Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;
(c) Land planted in orchards or other perennial, other than land specified in division (2)(d) below, prior to maturity;
(d) Land not in the agricultural/open space zone which has not been eligible for assessment at special FARM USE value in the year prior to planting the current crop and has been planted in orchards, cultured Christmas trees or vineyards for at least three years;
(e) Any land constituting a woodlot of less than 20 acres contiguous to and owned by the owner of land specially assessed at true cash value for FARM USE even if the land constituting the woodlot is not utilized in conjunction with FARM USE;
(f) Wasteland in the Agricultural/Open Space zone, dry or covered with water, lying in or adjacent to and in common ownership with a FARM USE land and which is not currently being used any economic FARM USE;
(g) Land under dwellings customarily provided in conjunction with the FARM USE in the Agricultural/Open Space Zone;
(h) Land under buildings supporting accepted farm practices; and
(i) Water impoundments lying in or adjacent to and in common ownership with FARM USE land; and
(3) FARM USE land does not include feedlots.
FLOWERING. A marijuana plant that had formed a mass of pistils measuring greater than two centimeters wide at its widest point
FOREST MANAGEMENT. The current employment of lands, along with accessory buildings and uses, for the growing, harvesting and management of forest products, including primary processing facilities.
HOMEGROWN. Grown by a person 21 years of age or drier for noncommercial purposes.
HOME OCCUPATION. Any lawful profession, craft or service activity carried on within a dwelling. However, the following are not considered HOME OCCUPATIONS requiring a home occupation permit:
(1) Newspaper delivery by individuals younger than 18 years of age;
(2) Babysitting, not exceeding five children on a regular basis;
(3) Door-to-door salespersons taking orders for later delivery (for example, representatives of Avon, Fuller Brush, Amway and the like);
(4) Wood cutters;
(5) Invitational house parties (for example, Tupperware and Stanley);
(6) Part-time or minor service work not exceeding 40 hours per month (for example, sewing alterations, music lessons and home tutoring);
(7) Yard sales; and
(8) Independent truckers with only one truck.
HOUSEHOLD. A housing unit and any place in or a round a housing unit at which the occupants of the housing unit are producing, processing, possessing or soring homegrown marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts. This definition only applies for purposes of marijuana.
HOUSING UNIT.
(1) A house, an apartment or a mobile home, or a grow of rooms or a single room that is occurred as separate frying quarters, to which the occupants live and eat separately from any other persons in the building and that has direct access from the outside of the building or through a common hall.
(2) This definition only applies for purposes of marijuana.
IMMATURE MARIJUANA PLANT. A marijuana plant that is not flowering.
LAND DIVISION. A lot or parcel of land created through the process of dividing land.
LCDC GOALS AND GUIDELINES. The goals and guidelines adopted by the Land Conservation and Development Commission pursuant to O.R.S. 197.005 et seq.
LOT LINE ADJUSTMENT. The relocation of a common boundary between lots or parcels or the elimination of a common boundary between lots or parcels.
MANUFACTURED HOME. Structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulation in effect at the time of construction.
MANUFACTURED DWELLING.
(1) A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that:
(a) A residential trailer that was constructed before January 1, 1962;
(b) A mobile home that was constructed between January 1, 1962, and June 15, 1976 and met the construction requirements of Oregon mobile home law in effect at the time of construction; or
(c) A manufactured home that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
(2) MANUFACTURED DWELLING does not mean building or structure constructed to conform to the State of Oregon Structural Specialty Code or the One- and Two-Family Dwelling Code adopted pursuant to O.R.S. 455.100 to 455.450 and O.R.S. 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer.
MANUFACTURED DWELLING PARK. Any place where four or more manufacture dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. MANUFACTURED DWELLING PARK does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot in an approved subdivision.
MANUFACTURED STRUCTURE.
(1) Includes:
(a) Recreational vehicles; and
(b) Manufactured dwellings.
(2) MANUFACTURED STRUCTURE. Does not apply to any building or structure regulated under the Oregon Structural Specialty Code or the One- and Two-Family Dwelling Code.
MARIJUANA. Means the Plant Cannabis family Cannabaceae, any part of the Plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.
MARIJUANA GROW SITE. Means a location registered under O.R.S. 475B.810 (Marijuana grow site registration system) where marijuana is produced for use by a registry identification cardholder.
MARIJUANA PRODUCER. Means an entity teemed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest marijuana.
MARIJUANA RETAILER. An entity licensed by the Oregon Liquor Control Commission to sell marijuana items to a consumer in the state.
MATURE MARIJUANA PLANT. A marijuana plant that is not an immature marijuana plant.
MEDICAL MARIJUANA DISPENSARY. An entity registered with the Oregon Health Authority to transfer marijuana.
MOBILE FOOD CART. A vehicle that is self-propelled or that can be pulled or pushed down a sidewalk street highway, on which food is prepared or processed, or converted, or which is used in selling and dispensing food to the ultimate customer. A mobile food cart does not include a cart or stand for the purpose of selling lemonade or other non-alcoholic beverages, operated bv minors under the age of 18. No permit or license is required for those uses.
MOBILE HOME PARK. Any place where four or more manufactured structures are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent 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 the facilities or to offer space free in connection with securing the trade or patronage of such person. MOBILE HOME PARK does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot in an approved subdivision.
NONCONFORMING DEVELOPMENT OR USE. A development or use lawfully existing at the time this chapter became applicable to the development by being in compliance with the standards applicable to it at the time it came into existence, but that would not be lawful except for its preexistence.
OWNER. Where used in relationship to real property, OWNER is the legal owner of record or, where there is a recorded land sales contract in force, the purchaser thereunder.
STANDARDS DOCUMENT. The document providing construction and design standards for development adopted by reference in § 151.003.
PARTITION TYPE.
(1) MAJOR PARTITION. The partition of land as defined in O.R.S. 92.010 that includes the creation of a road or street.
(2) MINOR PARTITION. The partition of land as defined in O.R.S. 92.010 that does not include the creation of a road or street.
RECREATIONAL VEHICLE. A vehicle with or without motive power, which is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, and which has a gross floor area not exceeding 400 square feet in the set-up mode.
(Ord. 372, passed 12-8-1997; Ord. 385, passed 9-10-2001; Ord. 433, passed 12-10-2018; Ord. 434, passed 3-10-2020; Ord. 435, passed 5-11-2020)