For the purpose of this title, all words in the present tense shall include the future; all words in the singular shall include the plural; the masculine shall include the feminine and neuter; and the word "shall" is mandatory and not discretionary. The following words and terms are construed and defined as follows:
ACCEPTED RESOURCE PRACTICE: The mode of operation that is in conformance with state and federal regulations, common to farms or ranches of a similar nature and necessary for the operation of such farm or ranch operation to obtain a profit in money and customarily utilized in conjunction with farm use.
ACCESS: The place, means or way by which pedestrians, vehicles or utilities shall have safe ingress or egress to a property, use or parking space.
ACCESSORY USE OR STRUCTURE: A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use (e.g., a garage or storage building).
ACCESSWAY: A walkway that provides pedestrian and bicycle passage either between streets or from a street to a building or other destination such as school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway and additional land on either side of the walkway, often in the form of an easement or right of way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees, and lighting. Where accessways cross driveways, they are generally raised, paved, or marked in a manner that provides convenient access for pedestrians.
AFFECTED AREA: Property within the area of a subject property. Specifically, that area within two hundred fifty feet (250'), excluding streets and alleys.
ANCILLARY FACILITIES: All buildings, interior and exterior enclosures, and equipment associated with a wireless telecommunication facility.
ANTENNA(S): An electrical conductor or group of electrical conductors that radiate or receive radio waves.
BUILDING: Any temporary or permanent structure built and maintained for the support, shelter or enclosure of people, motor vehicles, animals or personal or real property of any kind.
BUSINESS OFFICE: An office that provides nonretail services such as insurance, real estate, finance or travel, or any office of similar nature and impact.
CLEAR VISION AREA: An area next to a driveway, street, road or highway where low signs, other structures and vegetation are required to be kept not greater in height than a stated maximum number of inches. The purpose of a clear vision area is to protect the view necessary to assist pedestrians, bicyclists and motor vehicle operators to see one another in time to avoid or reduce damage from an accident. Clear vision areas are most commonly triangular areas at the corner of intersecting travelways.
COLLOCATION: The practice of locating multiple wireless communications facilities on a single, specific purpose structure, or locating the telecommunication facilities on alternate purpose structures.
COMMERCIAL RESOURCE (FARM, RANCH UNIT): A parcel of land large enough that crops harvested from it meet mortgage costs, crop or raising and harvesting expenses and provide substantial household income. In addition, it shall contribute in a substantial way to the area's existing agricultural economy, and help maintain agricultural processors and established markets. Consideration shall be given not only to what is produced but how much is produced. Method of marketing is also a consideration.
COMPREHENSIVE PLAN: The Malheur County comprehensive plan.
CONDOMINIUM: Generally a dwelling unit or other structure, the interior portion of which may be owned by an individual. The individual owning a condominium also holds ownership in common of the total development in which the subject condominium belongs. For a more precise definition refer to ORS 94.
CONTIGUOUS LOTS: Two (2) or more parcels or units of land including water under a single ownership which are not separated by an intervening parcel of land under separate ownership.
CURRENT EMPLOYMENT OF LAND FOR FARM USES:
A. Farmland, the operation or use of which is subject to any farm related government program.
B. Land lying fallow for one year as a normal and regular requirement for good agricultural husbandry.
C. Land planted in orchards or other perennials other than land specified in subsection D of this definition, prior to maturity.
D. Land not in an exclusive farm use 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 (3) years.
E. Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and which is not currently being used for any economic farm use.
F. Land under buildings supporting accepted farm practices.
G. Water impoundments lying in or adjacent to and in common ownership with farm use land.
H. Any land constituting a wood lot, not to exceed twenty (20) acres, contiguous to and owned by the owner of land specially valued at true cash value for farm use even if the land constituting the wood lot is not utilized in conjunction with farm use.
I. Land lying idle for no more than one year where the absence of farming activity is due to the illness of the farmer or member of the farmer's immediate family. For purposes of this subsection I, illness includes injury or infirmity whether or not such illness results in death.
J. Any land described under ORS 321.267(1)(e) or 321.415(5).
DAYCARE CENTER: An establishment that is certified to care for thirteen (13) or more children, or an establishment certified to care for less than thirteen (13) children that is not located in a residential dwelling or accessory building to the residence that the provider resides in.
DWELLING: A detached building containing one dwelling unit.
DWELLING, DUPLEX OR TWO-FAMILY: A detached building containing two (2) dwelling units.
DWELLING, MULTI-FAMILY: A building or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached building containing one dwelling unit and designed for occupancy by one family only.
DWELLING UNIT: A habitable area enclosed by walls, windows and doors which provides shelter for a person, family or persons living as a family sharing kitchen and bathroom facilities.
EVALUATION REPORT: A statement in writing from the local contract agent or regional department of environmental quality representative stating that at least one septic system drainfield site with replacement area has been found on each lot or parcel that meets the criteria outlined by the Oregon department of environmental quality.
FAMILY: An individual or any number of persons related by blood, marriage, adoption or legal guardianship living together in a dwelling in which meals or lodging may also be provided for not more than four (4) additional persons. Also six (6) or less unrelated persons living as a family sharing a single kitchen and dining facility.
FARM OR RANCH: The current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or 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 any animal husbandry or any combination thereof. "Farm use" includes the preparation and storage of the products raised on such land for human use and animal use and disposal by marketing or otherwise. "Farm use" also includes the propagation, cultivation, maintenance and harvesting of aquatic species. Also as further defined in ORS 215.203.
FARMING OR RANCHING PRACTICE: A mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with farm use.
FEEDLOT: An area in which livestock are confined for concentrated feeding for fattening or dairying as part of a commercial operation and in which no vegetation intended for animal food is growing. The term does not include temporary wintering operation for livestock (a "feed yard").
FENCE, SIGHT OBSCURING: A fence or evergreen planting arranged in such a way as to obstruct vision.
FOREST USE: The propagation or harvesting of a forest product.
GARAGE OR YARD SALE: A sale held at a residence or a combination of residences where items to be sold constitute used or handcrafted items generated from participating individual neighborhood households. Garage sales shall not be used as wholesale or retail outlets for new or manufactured goods, other than home generated, handcrafted items. Garage sales may not be conducted in any one residence more than three (3) times during any calendar year. No single garage or yard sale may last for more than three (3) consecutive days. A garage sale as hereinabove defined is an authorized accessory use to a residence in all zones.
GARAGE, RESIDENTIAL: A structure used for the parking of automobiles and recreational vehicles.
JUNKYARD: Any establishment or place of business that is maintained, operated or used for storing, keeping, buying or selling old or scrap copper, brass, rope, iron, steel, rags, batteries, paper, trash, rubber, debris or other old or scrap ferrous or nonferrous materials, metal and nonmetal materials and junked, dismantled, wrecked, scrapped or ruined motor vehicles or motor vehicle parts. This term includes auto wrecking yards and scrap metal processing, sorting and storage facilities.
KENNEL: A lot or building in which four (4) or more dogs, cats or other animals at least four (4) months of age are kept commercially for board, breeding, training or sale.
LANE: A driveway or private road providing access from property to a public right of way.
LEGISLATIVE CHANGES: Involves broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plans, zoning ordinances or the land development ordinance and changes in zoning maps not directly affecting individual property owners.
LIVESTOCK: Domestic animals or types customarily raised or kept on farms for profit or other purposes.
LOCATIONALLY DEPENDENT: If the wireless telecommunication facility must be located on land in one or more areas zoned for exclusive farm or exclusive range use in order to achieve reasonably satisfactory results or to meet unique needs that cannot be satisfied on other lands.
LOT: A unit of land that is created by a subdivision of land.
LOT AREA: The total horizontal area within the lot lines of a lot including streets and easements of access to other property, laterals and canals.
LOT COVERAGE: The percentage of lot area that may be covered by buildings or structures.
LOT DEPTH: The average horizontal distance between the front and back lot lines.
LOT LINE: The property line bounding a lot.
LOT WIDTH: The average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
MALHEUR COUNTY TRANSPORTATION SYSTEM PLAN: The Malheur County transportation system plan (TSP) adopted by ordinance into the Malheur County comprehensive plan.
MANUFACTURED DWELLING: A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, and that is being used for residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards (HUD standards) and regulations in effect at the time of construction. Manufactured dwelling does not include any 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 ORS 455.100 and 455.450 and 455.610 to 455.630 or any "recreational vehicle" defined in this section.
MANUFACTURED DWELLING PARK: Any place where three (3) or more manufactured dwellings are parked within five hundred feet (500') 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 facilities, or to offer space free in connection with securing the trade or patronage of such person.
MINING: Includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off site borrow pits except those constructed for use as access roads. Mining does not include excavations of sand, gravel, clay rock or other similar materials conducted by a landowner or tenant on the landowner's or tenant's property for the primary purpose of the reconstruction or maintenance of access roads and excavations or grading operations conducted in the process of farming or cemetery operations, on site road construction or nonsurface impacts of underground mines.
MINOR HOME OCCUPATION, HOME OCCUPATION AND HOME BUSINESS: An occupation or business activity which results in a product or service; is conducted in whole or in part in a dwelling and/or an accessory structure to the dwelling; is conducted by at least one family member occupying the dwelling; and is clearly subordinate to the dwelling use of the subject property. Home occupations or businesses do not include garage or yard sales, holiday bazaars or home parties which are held for the purpose of the sale or distribution of goods or services if the service is provided three (3) or fewer times per calendar year.
MOBILE HOME: 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 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.
MOTEL: A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, with or without cooking facilities for rental to transients.
NONCONFORMING STRUCTURE OR USE: A lawful structure or use existing at the time this title or any amendment hereto becomes effective and which does not conform to the requirements of the zone in which it is located.
OVERLAY ZONE: A zone that establishes special requirements and provisions in addition to those of the primary zone.
OWNER: The party or parties having a fee interest in land except, that where land is subject to a real estate sales contract, "owner" shall mean the contract vendee.
PARCEL: Includes a unit of land created by a partitioning of land.
PARENT PARCEL: All property that is owned by the owner of the property for which the application has been made and is contiguous to the property for which the application has been made.
PARTITION: The act of partitioning land or an area or tract of land partitioned.
PARTITION LAND: To divide an area or tract of land into two (2) or three (3) parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the time of the first partitioning. "Partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size unless better field management or irrigation control will result. "Partition land" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. "Partition land" does not include 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. "Partition land" does not include 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 comprehensive plan and subsections 6-3A-2A6 through A9 and subsection 6-3A-3S through U of this title. 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.
PARTY: The applicant and all persons or group of persons who appeared before a hearings body set forth in this title orally or in writing.
PERSON: Includes natural person, firm, association, partnership, company, corporation, estate, branch of government or any group or combination acting as a unit.
PLAT: A final map, diagram, drawing or other document containing all descriptions, locations, specifications and dedications concerning a subdivision.
PRELIMINARY PLAT OR MAP: A preliminary drawing, diagram or document illustrating the proposed layout of a proposed subdivision or partition to be submitted to the planning department or planning commission for their consideration.
PRIMARY ZONE: The zone that establishes the basic requirements and provisions of the use of the land in a particular area.
PROPERTY LINE: Synonymous with "lot line".
QUASI-JUDICIAL: Zone changes or plan amendments generally refer to a plan amendment or zone change directly affecting individual property owners and that involves the application of existing policy to a specific factual setting. (The distinction between legislative and quasi-judicial actions must ultimately be made on a case by case basis with reference to case law on the subject.)
RECREATIONAL VEHICLE:
A mobile unit which is designed for temporary human occupancy and licensed as a motor home, recreational trailer or camper (stand-alone or when it is on the back of a pick-up or truck) by the motor vehicles division, or similar units licensed by another state or any unit identified as a recreational vehicle by the manufacturer. Recreational vehicle includes non- motorized vehicles designed for human occupancy such as vacation trailers, tents and fifth-wheel trailers. It also includes vehicles designed for off-road use, such as off-road vehicles, dune buggies and recreation boats.
RECREATIONAL VEHICLE PARK: For the purpose of this zoning ordinance, a "recreational vehicle park" is a plot of land that provides for two (2) or more recreational vehicle sites and such sites are established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters, i.e., overnight camping.
RESIDENTIAL FACILITY: A facility licensed by or under the authority of the department of human resources which provides residential care alone or in conjunction with treatment or training, or a combination thereof, for six (6) to fifteen (15) individuals who need not be related. Staff persons required to meet department of human resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other, or to any resident of the residential facility.
RESIDENTIAL TRAILER: 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 was constructed before January 1, 1962, with a minimum size of at least eight feet by thirty two feet (8' x 32').
RESOURCE: A term which in appropriate context means commercial farming, ranching or forestry.
RIGHT OF WAY: A strip of land which has been dedicated to the public by a warranty or other suitable deed depending upon the history of the right of way, or by a statement of dedication upon an approved and recorded subdivision plat. Roads created by public use and recognized as a public road in the records of the county court are also rights of way for public use.
ROAD OR STREET: A travel way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.
ROADWAY: That portion of a road or street designed and ordinarily used for vehicular traffic.
SEASONAL FARM HOUSING: Housing limited to the occupancy by seasonal farm workers and their immediate families which is occupied no more than nine (9) months a year.
SEASONAL FARM WORKER: Any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in production of farm products or planting, cultivation or harvesting of seasonal agricultural crops or in forestation or reforestation of lands, including, but not limited to, the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities.
SETBACK: The distance between the nearest point of the building or structure and the right of way or easement border line or property line; setbacks are measured horizontally at right angles from the right of way or easement border line or property line to the nearest point of the building or structure excluding roof eaves and small decorative projections such as cornices, gargoyles, etc.
SIGN: An identification, description, illustration or device that is affixed to or represented, directly or indirectly, upon a building, structure or land, and that directs attention to a product, place, activity, person, institution or business.
SITE PLAN: A drawing done to scale illustrating the layout of a proposed land development or changes to an existing property improvement submitted to the planning department or planning commission for their consideration.
SITE REVIEW: A procedure wherein plats of proposed uses in specific zones are reviewed by the planning director or planning commission to ensure compatibility with adjoining land uses and compliance with applicable ordinance provisions. The planning director's action may be referred to or appealed to the planning commission.
STRUCTURAL ALTERATION: Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.
STRUCTURE: Any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks and overhead transmission lines.
SUBDIVIDE LAND: To divide an area or tract of land into four (4) or more lots within a thirty six (36) month period when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of the first division.
SUBDIVISION: An act of subdividing land or an area or tract of land that has been subdivided.
TRACT OF LAND: One or more contiguous lots or parcels under the same ownership.
USE: The purpose for which land or a structure is designed, arranged or supports an activity.
UTILITY FACILITIES: Any major structure or facility 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 product or for the disposal of cooling water, waste or byproducts, and including power transmission lines, wireless telecommunication facilities, ancillary facilities, transmission tower, major trunk pipelines, power substations, dams, wind and water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding sewer, water, gas, local telephone and power distribution lines and similar minor facilities.
VISUALLY SUBORDINATE: The relative visibility of a transmission tower or wireless telecommunication facility where that facility does not noticeably contrast with the surrounding landscape.
WIRELESS TELECOMMUNICATION FACILITIES: An unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a storage structure such as a self-supporting monopole or lattice tower, transmission tower, antenna(s), microwave dishes or other transmission and reception devices. This definition includes a personal wireless service facility as defined under the telecommunications act of 1996.
YARD: An open space on a lot that is unobstructed from the ground upward except by vegetation or as otherwise provided in this title.
ZONING MAPS: The Malheur County zoning maps, incorporated herein and made a part of this title 2 . (Ord. 86, 12-7-1993; amd. Ord., 11-8-1994; Ord. 125, 6-20-2000; Ord. 146, 4-14-2004; Ord. 147, 4-14-2004; Ord. 148, 4-14-2004; Ord. 184, 10-21-2009; Ord. 220, 7-3-2019)
Notes
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