For the purpose of this title, certain words and terms used herein are defined as follows:
ACCESS: The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property. Access management guidelines are located in table 7-2 of the Malheur County transportation system plan.
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 manner that provides convenient access for pedestrians.
BICYCLE: A vehicle designed to operate on the ground on wheels, propelled solely by human power, upon which any person or persons may ride, and with two (2) tandem wheels at least fourteen inches (14") in diameter. An adult tricycle is considered a bicycle.
BICYCLE FACILITIES: A general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities and all bikeways.
BIKEWAY: Any road, path, or way that is some manner specifically open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. The five (5) types of bikeways are:
A. Multiuse Path: A paved ten (10) to twelve foot (12') wide way that is physically separated from motorized vehicular traffic; typically shared with pedestrians, skaters, and other nonmotorized users.
B. Bike Lane: A four (4) to six foot (6') wide portion of the roadway that has been designated by permanent striping and pavement markings for the exclusive use of bicycles.
C. Shoulder Bikeway: The paved shoulder of a roadway that is four feet (4') or wider; typically shared with pedestrians in rural areas.
D. Shared Roadway: A travel lane that is shared by bicyclists and motor vehicles.
E. Multiuse Trail: An unpaved path that accommodates all terrain bicycles; typically shared with pedestrians.
BLOCK: A contiguous series of lots bounded on all sides by streets, railroad right of way, or subdivided land.
BUILDING LINE: A dashed line on a plat restricting the location of buildings or structures or that distance as prescribed by the zoning ordinance, when applicable.
CONTIGUOUS LAND: 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.
DEVELOPER: Any person, corporation, partnership or other legal entity who creates or proposes to create a subdivision, partition or other land development, and includes any agent of a developer.
DEVELOPMENT: The construction, installation or change of a building or other structure; the division of land into two (2) or more parcels; any building or mining operation; or the creation or termination of rights of access.
DWELLING UNIT: A structure providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit shall have a minimum habitable floor area of four hundred (400) square feet.
EASEMENT: A grant of right to use land for specific purposes, but in which ownership of the land is not transferred.
FAMILY: As defined in section 6-1-3 of this code, zoning ordinance.
FINANCIAL PARTITION: An exception in exclusive agricultural zones in effect only during a foreclosure on property in accord with section 7-7-12 of this title.
FLAG LOT: A parcel of land created by a subdivision or partition which includes a narrow projection to a public road for purposes of access to the main portion of the parcel. The projection is commonly known as the "flagpole".
LANE: A term used to indicate or suggest that a road or street is, or may be, privately owned.
LEGAL DESCRIPTION: The method by which the outer boundaries of a site or premises and all appurtenant easements and applicable restrictions or covenants are described or established by reference to established points, monuments, etc.
LOT: A unit of land created by a subdivision or partitioning of land and is a unit for disposition, transfer of ownership or interest or for development.
LOT AREA: The total horizontal net area within the lot lines of a lot.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets.
LOT DEPTH: The depth of a lot shall be the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines.
LOT LINE, FRONT: In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the street frontages of the lot from the street.
LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line.
LOT LINE, SIDE: Any lot boundary line not a front line or a rear lot line.
LOT, THROUGH OR DOUBLE FRONTAGE: A lot having frontage on two (2) parallel or approximately parallel streets other than alleys.
LOT WIDTH: The average horizontal distance between the side lot lines, measured at right angles to the lot depth.
MAP, PARTITION MAP: The diagram, drawing and associated writing which depicts a partition.
MASTER PLAN: A map, sketch, or other presentation filed with the planning commission 1 showing the ultimate development layout of a parcel of property that is to be developed in successive stages of subdivision. The plan need not be completely engineered but shall be of sufficient detail to illustrate the property's inherent features and probable development pattern thereon. The master plan will, therefor, be used as a guide in each successive stage of the development until its completion.
NEIGHBORHOOD ACTIVITY CENTER: An attractor or destination for residents of surrounding residential areas. Includes, but is not limited to, existing or planned schools, parks, shopping areas, transit stops, employment areas.
NOMINAL ONE ACRE: An approximate one-six-hundred-fortieth (1/640) of the public lands survey section in which it is located. In no case shall a nominal acre be less than thirty five thousand (35,000) square feet.
OFFICIAL MAP: The comprehensive plan map as adopted by the planning commission and county court.
OPEN SPACE: Those lands within a subdivision which have been dedicated, in common to the ownership within the subdivision or to the public, specifically for the purpose of providing places for recreational uses or for scenic purposes.
OWNER: The individual, firm, association, syndicated partnership or corporation having sufficient proprietary interest in the land sought to be subdivided or partitioned to commence and maintain proceedings to subdivide or partition the same under this title.
PARCEL: As defined in section 6-1-3 of this code, zoning ordinance.
PARTITION: The act of partitioning land, or an area or tract of land which is partitioned.
Major Partition: A partition which includes the actual creation of a road or street to serve one of the parcels in the partition.
Minor Partition: A partition which does not require the creation of a road or street. Dedication of right of way may be required in order to acquire or preserve access to other lands.
PARTITION LAND: To divide an area or tract of land into two (2) or three (3) parcels within a thirty six (36) month period 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 the creation of cemetery lots.
PLANNED UNIT DEVELOPMENT: A land area designed 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 "homeowners' association" and "common property" which are defined as follows:
Common Property: A parcel or parcels of land together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual sites in the planned unit.
Homeowner Association: An incorporated, nonprofit corporation to operate under recorded land agreements through which: a) each lot owner in a planned unit or other described land area is automatically a member, and b) each lot is automatically subject to a charge for the expenses for the organization's activities, such as maintaining a common property.
Planned Unit: A land area which: a) has both individual building sites and open space, known as common property such as park and b) is designed and organized as a separate entity without necessarily having participation of other building sites or other common property.
PLAT: A final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
PUBLIC HEARING: A public forum of the planning commission or the county court in which, after public notification, the commission or court hear testimony from all concerned citizens regarding the action which is the cause of the hearing. Public hearings shall be conducted when prescribed by this title, and may be conducted at the request of the commission or court at other times.
PUBLIC NOTIFICATION: Each notice of hearing authorized by this title shall be published in newspaper of general circulation in the county at least ten (10) days prior to the date of hearing. Notice shall also be mailed to all owners of property within two hundred fifty feet (250') of the subject property. The notice of hearing shall be mailed at least ten (10) days prior to the date of hearing. Failure of a person to receive the prescribed notice shall not impair the validity of the hearing.
RESERVE STRIP: A strip of land, usually one foot (1') in width, across the end or along the edge of a street, roadway or alley, which is reserved or held by the county for the purpose of controlling access, or for future street, roadway or alley extension or widening.
RIGHT OF WAY: The area between the boundary lines of an alley, easement, street or highway.
ROAD OR STREET: A public or private 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.
Cul-De-Sac (Dead End Street): A short street having one end open to traffic and being terminated by a vehicle turnaround.
Half Street: A portion of the width of a street usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
Marginal Access Street: A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.
Rural Arterial: A roadway that provides linkage between population centers within the region and connection to state and national highways, serving primarily through traffic with limited access.
Rural Collector: A roadway that provides both local access and circulation within rural areas of the county, distributing trips from the arterials through the area to their ultimate destinations, often serving abutting uses directly.
Rural Local: A roadway having the primary function of providing access to immediately adjacent land and serving little to no through traffic.
Stubbed Street: A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.
Walkway: A hard surfaced are intended and suitable for pedestrians, including sidewalks and the surfaced portions of accessways.
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.
SUBDIVIDER: A generalized term meaning any person, firm, corporation, partnership or association who causes the land to be divided into lots or parcels as defined herein. It is synonymous with "developer".
TENTATIVE PLAN: A clearly legible drawing of the proposed layout of streets, blocks, lots and other elements of a subdivision which shall help furnish a basis for the planning commission's approval or disapproval of the general layout of the subdivision or major partition.
TRACT: A generalized, all inclusive term used to describe any area of land.
USE: The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. (Ord. 25, 3-2-1983; amd. 1989 Code; Ord. 125, 6-20-2000)
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