Chapter 19.11 DEFINITIONS

The purpose of this chapter is to define the terms and phrases of this title which are technical, specialized, or may not reflect common usage. If a term is not defined, the definition found in the current edition of Webster’s, Oxford, or Black’s Law Dictionary shall be used. [2005 RLDC § 11.010.]

19.11.020 Definitions adopted by reference.

In addition to the definitions in this chapter, the following are incorporated by reference. If any definition in this title conflicts with a definition included by reference, the definition of state statute shall prevail except where this title is more restrictive.

A. ORS Chapter 92 – Subdivisions and Partitions.

B. ORS Chapter 197 – Comprehensive Plan Coordination; Planning Districts.

C. ORS Chapter 215 – County Planning; Zoning; Housing Codes. [2005 RLDC § 11.020.]

19.11.030 A definitions.

“AASHTO” is the acronym that stands for American Association of State Highway and Transportation Officials. This organization publishes material on road design and construction.

“Abutter” means an individual, firm, association, syndicate, corporation, or other legal entity having an interest in property bordering directly on a public road or approved private road.

“Abutting” means adjoining with a common lot or parcel line, except that where two or more lots or parcels adjoin only at a corner or corners, they shall not be considered as abutting unless the common lot or parcel line between the two lots or parcels measures eight or more feet in a single direction.

“AC” is the abbreviation that stands for asphaltic concrete pavement.

“Access” means the place, means, or way by which pedestrians or vehicles shall have ingress and egress to a property or use.

“Access Control Strip” means a designation on the final plat which restricts or prohibits access to a specific public road or highway.

“Access Road, Local” means a public road that is not a County road, state highway, or federal road.

“Accessory Dwelling Unit” means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling.

“Accessory Structure or Use” means a structure or use that is incidental, consistent with, and subordinate to the primary structure or use on the same unit of land.

“Adequate Access.” For site plan review purposes, the term shall mean one of the following:

1. The development fronts on a County road or state highway with a valid access permit, or where such access has been approved as a private road easement; or

2. The development is served by a special access road under the control of the United States Bureau of Land Management, the United States Forest Service or the Oregon Department of Forestry with a valid long-term access use permit; or

3. The development is served by a road decreed by a court to be a public usage road.

“Adequately Mitigated” means the term used to describe when a permit approval eliminates or lessens adverse impacts resulting from authorized land use activities through the imposition of conditions of operation or development, so that the activities no longer result in significant adverse impacts regarding the use or quality of other properties or public facilities. See the definition for “Significant (Adverse) Impact.”

“Adjacent” means near or close by; may be contiguous, abutting, or adjoining, or separated by a roadway, alley, or natural separation. Same as abutting.

“Adversely Affected.” See “Significant (Adverse) Impact.”

“Advertising Structure” means any structure used to facilitate advertising of goods or services. This includes billboards, sandwich boards, and exterior signs.

“Aggregate Processing” means the crushing, washing, milling and screening, as well as the batching and blending of mineral aggregate into asphalt and Portland cement concrete.

“Aggregate Resources” means naturally occurring concentrations of stone, rock, sand, gravel, decomposed granite, limestone, pumice, cinders and other naturally occurring solid materials commonly used in road building or other construction.

“Aggregate Use” means the extraction, screening, stockpiling, and crushing of sand, gravel, and/or quarry material.

“Agricultural Enterprise, Commercial” means a farm operation that contributes in a substantial way to the area’s existing agricultural economy, and which helps maintain agricultural processors.

“Agriculture, Farming, Farm Use” means the current employment of land for the primary purpose of obtaining a profit in money 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 dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry, or combination thereof. “Farm use” includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human use and animal use. “Farm use” also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. “Farm use” also includes the propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules adopted by the State Fish and Wildlife Commission. “Farm use” includes the on-site construction and maintenance of equipment and facilities used for the activities described in this definition. “Farm use” does not include the use of land subject to the provisions of ORS Chapter 321, except land used exclusively for growing cultured Christmas trees as defined in JCC 19.11.050 or land described in ORS 321.267(1)(e) or 321.425(5).

As used in this definition, “preparation” of products or by-products includes but is not limited to the cleaning, treatment, sorting, composting or packaging of the products or by-products; and “products or by-products raised on such land” means that those products or by-products are raised on the farm operation where the preparation occurs on other farmland; provided, the preparation is occurring only on land being used for the primary purposes of obtaining a profit in money from the farm use of the land.

As used in this definition, “current employment” of land for farm use includes:

1. Farmland, the operation or use of which is subject to any farm-related government program;

2. Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;

3. Land planted in orchards or other perennials, other than land specified in subsection (4) of this definition, prior to maturity;

4. 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 years;

5. 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;

6. Except for land under a single-family dwelling, land under buildings supporting accepted farm practices, including the processing facilities allowed by ORS 215.213(1)(y) and 215.283(1)(v);

7. Water impoundments lying in or adjacent to and in common ownership with farm use land;

8. Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the owner of land specially valued for farm use even if the land constituting the woodlot is not utilized in conjunction with farm use;

9. 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 the purposes of this subsection, illness includes injury or infirmity whether or not such illness results in death;

10. Any land described under ORS 321.267(1)(e) or 321.824; and

11. Land used for the primary purpose of obtaining a profit in money by breeding, raising, kenneling or training of greyhounds for racing.

As used in this definition, “accepted farming practice” means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily utilized in conjunction with farm use. As applied to composting operations on high-value farmland, “accepted farming practice” includes composting operations that either:

1. Compost only materials produced on the subject tract; or

2. Compost materials brought from off site and processed alone or in conjunction with materials generated on the subject tract, and use all on-site generated compost for on-farm production in conjunction with, and auxiliary to, the farm use on the subject tract.

As used in this definition, “cultured Christmas trees” means trees:

1. Grown on lands used exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;

2. Of a marketable species;

3. Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture; and

4. Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, weed and brush control and one or more of the following practices: basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation, irrigation.

“Agri-tourism” means a common, farm-dependent activity that promotes agriculture, any income from which is incidental and subordinate to a working farm. Such uses may include hay rides, corn mazes and other similar uses that are directly related to on-site agriculture. Any assembly of persons shall be for the purpose of taking part in agriculturally based activities such as animal or crop care, tasting farm products or learning about farm or ranch operations. Agri-tourism may include farm-to-plate meals. Except for small, farm-themed parties, regularly occurring celebratory gatherings, weddings, parties, or similar uses are not agri-tourism.

“Airport Approach Zone” means that area of approach and transition surfaces around airports where special land use and height regulations are applied.

“Airport Clear Zone” means, as defined by the FAA, an area extending from each end of a runway which is kept clear of obstructions that may affect incoming and departing aircraft.

“Airport, Commercial” means an airport used by the general public and commercial airline operations including associated maintenance, operations, and support facilities.

“Airport Hazard” means any obstacle or situation which obstructs or interferes with the safe operation of an airport or landing field. This includes vegetation, structures, towers, glare, lights, and electrical interference.

“Airport Overlay Zone” means an area in which special land use regulations are established to ensure the safety of the airport operation.

“Airport, Personal Use” means an airstrip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities, restricted (except for any and all aircraft emergencies) to use by the owner, and on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in conjunction with agricultural activities only. No aircraft may be based on a personal use airport other than those owned or controlled by the owner of the airstrip.

“Airport Zone Boundary” means an area adjacent to an airport within the boundaries of which there is significant impact from dust, fuel particles, noise, and related activities arising from the operation of an airport.

“Alley” means a public way not over 30 feet wide providing a secondary means of access to abutting property.

“Alter; Alteration” means a change, addition, or modification in either construction or use of a building or structure.

“Amendment” means a change in the text or maps of applicable ordinances, resolutions, or related regulations pertaining to land use, including the comprehensive plan, the goals and policies, and this title.

“Animal Husbandry” means management, breeding, and raising of animals.

“Appeal” means a request that a decision by the staff, Hearings Officer, Planning Commission, and/or Board of Commissioners be reviewed by a higher authority.

“Applicant” means the property owner (or contract purchaser, attorney, or representative holding a valid power of attorney) requesting approval of a proposed land use action by a Review or Hearing Body.

“Aquifer Test” means a test designed to determine the hydrogeological properties of aquifers and aquitards, where the effect of pumping a well at a known rate is measured in the pumped well and in observation wells penetrating the aquifer.

“Armory” means a place owned and operated by a government agency, where arms and military equipment is stored and/or a facility for military training and national security.

“Assessor” means the County Assessor of Josephine County.

“Associated Transmission Lines” means transmission lines constructed to connect an energy facility to the first point of junction with either a power distribution system or an interconnected primary transmission system or both or to the Northwest power grid.

“Auto, Boat, and Recreational Vehicle Sales Lot” means any property where the business is the display, sale, or rental of operative new or used motor vehicles, boats, trailers, or recreational vehicles. Repair or service facilities must be accessory to the primary sales function of the business.

“Auto Repair” means facilities for the general repair of automobiles, including rebuilding and reconditioning of engines, transmissions, mechanical parts, and brake and muffler shops. The repair of motorcycles and small engines is allowed in this type of facility.

“Automobile Service Station” means any property where the business is the supply of motor fuel, oil, lubrication, and accessories to motor vehicles, including tune-up services and vehicle maintenance service.

“Automobile Wrecking Yard” means any property where the dismantling, salvaging, storing, disposing, or selling of parts of vehicles or trailers is conducted; or, the open storage of five or more unlicensed vehicles not in running condition from which parts have not been removed.

“Awning” means any stationary structure used in conjunction with a structure for the purpose of providing shelter and having a roof with supports with not more than one wall or storage cabinet substituting for a wall. [Ord. 2023-006 § 1; Ord. 2023-005 § 1; Ord. 2018-005 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.040 B definitions.

“Basement” means a space wholly or partly underground, having more than one-half of its height, measured from floor to ceiling, below the average finished grade.

“Bed and Breakfast Inn” means an accessory use to a single-family residential dwelling, which is intended to provide temporary accommodation and breakfast to travelers for a daily fee. No meal other than breakfast shall be provided. The owner and/or operator shall live on the site. The limitations of Chapter 19.92 JCC shall not apply to bed and breakfast inns operating in a commercial zone.

“Berm” means a manmade mound or small hill used as a buffer to deflect sound or to block a view. (See “Buffer.”)

“Bike Lane, Path, or Way” means any trail, path, or part of a highway, shoulder, sidewalk, or travelway specifically signed and marked for bicycle travel.

“Billboard” means the same as “Advertising Structure.”

“Block” means an area of land within a subdivision which may be entirely bounded by streets, highways or ways (except alleys), and the exterior boundary or boundaries of the subdivision.

“Board; Board of County Commissioners” means the Board of County Commissioners of Josephine County.

“Boarding House” means a place in which lodging, with or without meals, is offered for compensation to guests that stay on site in excess of 30 days, that provides four or fewer rooms for rent, offers a common kitchen, is the owner’s personal residence, and is occupied by the owner at the time of rental. Oftentimes, housekeeping services, including laundry service, are provided. For permit purposes, a boarding house is the same as a single-family dwelling.

“Boarding of Horses.” The boarding of horses for profit shall include the following:

1. The stabling, feeding, and grooming for a fee, or the renting of stalls; and

2. Related facilities, such as training arenas, corrals, and exercise tracks.

3. The boarding of horses for profit does not include the following:

a. The mere pasturage of horses or the boarding of horses not owned by the property owner for the purpose of breeding with the owner’s stock;

b. Equestrian activities when the raising, feeding, training, or grooming of horses is an agricultural use of the land by a property owner qualifying for farm assessment under regulations of the State Department of Revenue.

“Boat Yard” means any place or structure used for the construction, dismantling, sales, storage, service, repair, or maintenance of boats.

“Bond” means any form of security, including a cash deposit, surety bond, collateral, property, or credit instrument submitted to guarantee performance by a developer, builder, or landowner.

“Buffer” means an area of land used to separate land uses and mitigate impacts from one to the other(s). A buffer may include site developments such as berms, walls, fences or other similar structures or may be composed of vegetation.

“Buildable Area” means the portion of the lot or parcel, excluding setbacks, where a structure may be erected.

“Building” means a structure built for the shelter or enclosure of persons, animals, or property of any kind.

“Building, Agricultural” means a structure whose use shall be primarily for the storage of farm implements, crops, feed or similar farm products, or to provide shelter for livestock, poultry, or fowl.

“Building Height.” See “Height of Building.”

“Building Line” means a line on a plat or map indicating the limit beyond which buildings or structures cannot be erected.

“Building Lot” means a lot or parcel of land which is legally created and designed for the purpose of erecting a building or buildings. (See “Lot” or “Tax Lot.”)

“Building Site” means the ground area of a building or buildings, together with all open spaces required by this title, and which generally has its principal frontage upon a public or private street.

“Business Vehicle” means a vehicle used in the course of doing business for transport of persons, goods, equipment. [Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 11.030.]

19.11.050 C definitions.

“Cabana” means a stationary lightweight structure which may be prefabricated or demountable, with two or more walls, used adjacent to, or in conjunction with, a manufactured dwelling to provide additional living space which is meant to be moved with the manufactured dwelling.

“Campgrounds” means 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 located within farm or forest zones are subject to additional and different limitations and requirements. (See Chapters 19.64 and 19.65 JCC.)

“Camping” means the placement of a temporary shelter used for, or designed to be used for, sleeping purposes on a parcel not to exceed 120 days in any 12-month period; in a resource zone, said camping shall not exceed 30 days in a 12-month period. Examples of shelters used for camping include tents, trailers, recreational vehicles, yurts, tarpaulins, bedrolls, and sleeping bags. Items intended for transport or storage purposes, such as buses, truck bodies and storage bins, shall not be used for camping purposes. For purposes of this code, the temporary use of a camping unit, located in the rear yard of a lot occupied by a single-family dwelling, owned and utilized for not more than 120 days in any one calendar year by residents of the single-family dwelling on the lot, shall not be deemed camping.

“Camping Party” means any individual or camping family or group; provided, that such individual, family, or group is engaging in camping.

“Camping Unit” means any single temporary shelter, except sleeping bags, bedrolls, and hammocks, used for camping by a camping party. Camping units are not to be used as single-family dwellings or dwelling purposes.

“Caretaker’s Quarters” means a manufactured dwelling or apartment limited to 1,000 square feet for a caretaker who is necessary for the protection of the main use on industrial property.

“Caretaker’s Residence” means a manufactured dwelling or home for a caretaker who is necessary for the protection of the main use on property zoned for forest use.

“Carport” means a roofed structure for sheltering a motor vehicle, open on two or more sides.

“Carrying Capacity” means the ability of land to support proposed development as determined by an evaluation of suitability for sewage disposal, the adequacy of the domestic groundwater supply (quantity and quality), the presence of adequate off-site roads, the suitability of soil and terrain to support on-site roads, the presence or absence of flood, fire or erosion hazards, and the applicability of other special land use concerns (e.g., watershed protection, protection of wildlife and fishery habitat, the presence of scenic easements, airport flight paths, the availability of emergency services, etc.).

“Cemetery” means property designated and dedicated for cemetery purposes, including burial grounds, columbaria, crematories, mausoleums, and mortuaries.

“Certified Pump Tester” means an individual certified by the Water Resources Department as possessing the knowledge and equipment to conduct major and minor pump tests.

“Channel Stability Analysis” means a study which addresses the short- and long-term stability of the stream channel relative to the impacts of a mining operation. The study shall address a potential acceleration of stream channel change due to the mining operation. Such a study shall meet the requirements of the Oregon Department of Geology and Mineral Industries and shall be submitted to that agency for review and approval. The study could include an evaluation of hydrology, hydraulics, fluvial geomorphology, and sediment transport capacity of the existing channel and potential effects of the mining operation on these channel characteristics, subject to the following additional definitions:

1. “Hydrologic Analysis” means an analysis which defines the magnitude and frequency of channel discharges including but not necessarily limited to the mean annual runoff, five-, 10-, 25-, and 100-year, 24-hour discharge events. Some statistical analysis may be appropriate.

2. “Hydraulic Analysis” means an analysis based on the above described hydrologic events and may include an evaluation of pre- and post-mining: (a) flood flow depths and water surface elevations; (b) channel and floodplain velocities and depths of inundation.

3. “Fluvial Geomorphic Analysis” means an analysis which defines the relevant geomorphic characteristics of a stream channel and its adjacent floodplain. It is the intent of this study to address the potential for channel change due to proposed mining.

4. “Sediment Transport Analysis” means an analysis which addresses the sediment transport capacity of existing stream channels and any potential changes in their ability to transport sediment. This analysis shall address aggradation and degradation potential for both the short and long term (i.e., pre- and post-mining) conditions.

“Church” means a building and premises used for the conduct of regular religious services; may include a Sunday school and a residence for the pastor, but not including academic schools operated by a church. Churches within the farm zones are subject to special siting restrictions (see Chapter 19.64 JCC).

“Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears. “Cider” includes but is not limited to flavored cider, sparkling cider, and carbonated cider.

“Cider Business” means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

“Citizen Advisory Committee (CAC)” means a group of citizens from a defined geographic area and adopted geographic area, whose members have been elected in an election conducted according to the Josephine County Citizen Involvement Committee by-laws as amended.

“Clinic, Medical, Dental, or Optical” means a facility for examination, consultation, and treatment of patients, including offices, laboratories, and outpatient facilities, but not including hospital beds for overnight care or treatment except for emergency or temporary care.

“Club or Lodge” means buildings and facilities owned and operated for a fraternal, social, or recreational purpose, to which membership is required for participation, but is not operated primarily for profit and is recognized by the IRS as a tax exempt organization subject to Section 501(c)(3) of the tax code.

“Cluster” or “Clustering” means a site-planning technique that concentrates buildings and/or lots in specific areas on a lot, parcel or tract of land to allow the remaining land to be used for recreation, agriculture, open space, and/or preservation of features and/or structures with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings and/or lots may include, but shall not be limited to, density regulations, shared access points, and maximum lot size requirements, with the resultant open space being devoted by deed restriction for one or more limited uses.

“Commercial” means any activity or use involving the exchange of products or services for compensation in the course of a business. “In the course of business” means the use or activity must involve repeated transactions, and does not include the isolated exchange of products or services for compensation. It is not necessary for a commercial use or activity to be conducted for profit in order to be commercial. In addition, compensation may include a trade for goods or services or the receipt of donations.

“Commercial Activities in Conjunction with Farm Use” means the processing, packaging, treatment, and wholesale distribution and storage of a product primarily derived from farm activities on the premises. Also, retail sales of agricultural products, supplies, and services directly related to the production and harvesting of agricultural products. Such uses include the following:

1. Storage, distribution, and sale of feed, fertilizer, seed, chemicals, and other products used for commercial agricultural uses;

2. Farm product receiving plants, including processing, packaging, and reshipment facilities, excluding canneries;

3. Livestock feed or sales yards;

4. Storage, repair, or sale of fencing, irrigation pipe, pumps, and other commercial farm-related equipment and implements;

5. Farm equipment storage and repair facilities;

6. Bulk storage and distribution facilities for fuels, pesticides, and fertilizers;

7. Veterinarian clinic;

8. Horticultural specialties such as nurseries or greenhouses for retail sales of plants and products;

9. Slaughtering of animals, including attendant retail and wholesale sales, which may be conducted outside an enclosed building;

10. Wineries which may include retail sales;

11. Other such uses which may be construed as similar to the uses listed above.

“Commercial Dairy Farm” means a dairy operation that owns a sufficient number of dairy producing animals capable of earning gross annual income required by this chapter from the sale of fluid milk.

“Commercial Power Generation Facility” means an electrical power generating plant with a nominal electrical generating capacity of more than 25,000 kilowatts, including but not limited to a thermal power plant, hydropower plant, combustion turbine power plant, geothermal power plant, or a nuclear installation disposal facility, and any facility handling a quantity of fissionable materials sufficient to form a critical mass. A commercial power generation facility includes related or supporting facilities including any structure adjacent to an energy facility, including associated transmission lines, reservoirs, and intake structures built in conjunction with and used as part of the energy facility.

“Commercial Tree Species” means trees recognized for commercial production under rules adopted by the State Board of Forestry pursuant to ORS 527.715.

“Commercial Vehicle” means a commercial motor vehicle defined by the Oregon Vehicle Code as a vehicle that will operate at a gross vehicle weight rating or combination weight of 26,001 pounds or more; also, vehicles designed to transport 16 or more persons and vehicles designed to transport hazardous materials regardless of weight. Commercial vehicles do not include: fire trucks, emergency vehicles, motor homes and recreational vehicles operated solely for personal use.

“Commission” means the Josephine County Planning Commission.

“Communication Facility” means a structure for the purpose of transmitting and receiving telegraph, telephone, microwave, television, radio, and other similar signals.

“Community Building” means a facility owned and operated by a governmental agency or a nonprofit community organization, when the primary purpose of the facility is for education, recreation, social welfare, community improvements, or public assembly. Community centers within the farm zones are subject to special limitations (see Chapter 19.64 JCC).

“Community Sewage System” means an on-site sewage system which serves more than one lot or parcel, or more than one condominium unit, or more than one unit of a planned unit development, and is approved by the Josephine County On-Site Septic Program as a community system.

“Comparable Pump” means an equivalent or similar pump; one which will produce the amount of water necessary for the intended use.

“Complainant” means a person(s) who lodges a complaint about an alleged violation of this title.

“Comprehensive Plan” means the plan adopted by the County which has been prepared, adopted and acknowledged in conformance with ORS Chapters 92, 197 and 215.

“Conceptual Reclamation Plan” means a written and graphic proposal for the reclamation of land area disturbed by a mining operation. The plan shall address the measures for rehabilitation of mined lands, disposal of mining refuse, erosion control and slope stabilization. The plan need only present the concepts for achieving reclamation, but must do so with sufficient detail that the Review Body can determine the expected post mining landscape of the site. At a minimum the conceptual reclamation plan shall include: a scale; a north arrow; approximate post mining topography; any vegetative treatment; and physical site features. The approach to reclamation must be consistent with the proposed post mining use of the site, and with the subsequent DOGAMI approved reclamation plan, but should not be subject to the reclamation requirements in ORS 517.750 through 517.900.

“Conditional Use” means a use which requires review and either approval, approval with conditions, or disapproval, by a Review or Hearing Body.

“Conference Grounds” means a retreat or meeting place for the formal exchange of views and consultation, which may include overnight accommodations for conferees.

“Conflicting Use” means a use or activity that is subject to land use regulations and that would interfere with, or be adversely affected by, mining or processing activities at a significant mineral or aggregate resource site as specified in OAR 660-023-0180.

“Contiguous” means lots or parcels with touching boundaries or points, and means the same as adjacent. When lots or parcels are contiguous and also under common ownership, the contiguous holding may be considered a tract for the purpose of applying other rules. See the definition herein for “Tract,” and also note the special restrictions that apply to the development of dwellings on tracts as provided in Chapters 19.64 (farm zones) and 19.65 JCC (forest zones).

“Contiguous Parcels” means two or more parcels that have at least one point in common ownership or which are intended by legal description to abut or adjoin by at least one point in common ownership.

“Convalescent Home, Nursing Home” means any certified and licensed institution which operates and maintains a facility providing convalescent and chronic care and keeping, for a period exceeding 24 hours, for two or more ill or infirm patients not related to the administrator or owner by blood or marriage. Convalescent and chronic care includes all procedures commonly accepted in nursing and caring for the sick, but does not include surgical facilities.

“County” means Josephine County, Oregon.

“County Engineer” means a registered engineer who plans, organizes, and directs the Engineering Division of the Josephine County Public Works Department.

“County Maintained Road or Street” means a road or street and appurtenances which has been accepted for County maintenance by order of the Board of County Commissioners under the authority of ORS 368.705, or any other provisions of law.

“County Road or Street” means a public way which has been accepted by the Board of County Commissioners by dedication, deed or grant of right-of-way.

“Criterion (Criteria) of Approval” means a subjective rule for permit approval that requires the decision-maker to exercise discretion or interpretation, or to exercise legal judgment, in determining compliance. Criterion is singular; criteria is plural.

“Cul-de-Sac” means the vehicle turnaround portion of a dead-end road.

“Cultured Christmas Trees,” as defined in ORS 215.203(3), are trees which are:

1. Grown on lands used exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;

2. Of a species for which the Department of Revenue requires a “Report of Christmas Trees Harvested” for purposes of ad valorem taxation;

3. Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture;

4. Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, weed and brush control, and one or more of the following practices: basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation, and irrigation.

“Curb Line” means the line separating the roadway from the planting strip or footway. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.060 D definitions.

“Date of Issuance” means the date a development permit is signed by the Director. Also known as the effective date.

“Day-Care Facility” means a facility used to provide on a regular basis for the care, supervision and guidance of a child that is unaccompanied by a parent, guardian, or custodian, during part of a 24-hour day, with or without compensation. The use may include a day nursery, nursery school group, or home of the day-care provider, as set out in ORS Chapter 329A.

“De Novo” (Latin) means a new hearing, which can take into account all previous testimony and any new testimony presented by the proponent and/or the opponent to an issue.

“Declarant” means the person who files a declaration under the requirements of this title and the Oregon Revised Statutes.

“Declaration” means the instrument described in this title by which the subdivision or partition plat was created.

“Dedication” means an approved or accepted designation of land for public or general use by the owner.

“Density” means the number of dwelling units to be contained within a specified land area.

“Design” means the design of any street or alley alignment, grade, or width, or the alignment or width of easements and right-of-way for drainage or irrigation purposes and sanitary facilities, and lot area, width or layout.

“Destination Resort” means a self-contained development providing visitor oriented accommodations and developed recreational facilities in a setting with high natural amenities.

“Developed Recreational Facilities,” for the purpose of developing a destination resort or a recreational resort, means improvements constructed for the purposes of recreation and may include but are not limited to golf courses, tennis courts, swimming pools, marinas, ski runs, and bicycle paths.

“Developer” means a person or other entity seeking to divide and/or develop and/or redevelop a lot or parcel of land for public or private purposes.

“Development” means any alteration of improved or unimproved real estate, including but not limited to a land division, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Development Permit” means a permit issued by the County Planning Department for any development to establish compliance with this title and the comprehensive plan.

“Development Site” means a tract of land consisting of one or more contiguous lots of record under common ownership, subject to a development permit.

“Director of Planning” means the Planning Director for Josephine County or a designate that is acting on behalf of the Director.

“Director of Public Works” means the Josephine County Director of Public Works or a designate that is acting on behalf of the Director.

“Director of Water Resources” means the Josephine County Director of Water Resources or a designate that is acting on behalf of the Director.

“Display Surface” means the area made available by the sign structure for the purpose of displaying an information or advertising message.

“Documented Water Quality Problem Area” means an area which can be shown by public records to have problems which may endanger the quality of the groundwater of that area, or adjacent areas. “Water quality” is defined by OAR 333-42-210, and the National Interim Public Drinking Water Regulations.

“Documented Water Quantity Problem Area” means an area which can be shown by public records to have problems which could result in the mining of the groundwater supply of that area, or result in substantial groundwater interference.

“Drainageway” means a natural or manmade watercourse which transmits natural stream or storm runoff.

“Driveway” means a way of access for a vehicle to serve a limited number of users from a road or street, which is usually of narrow width and often in private ownership or subject to restricted public use.

“Driveway Approach” means a vehicle access constructed to standards adopted by the Board of County Commissioners from a public right-of-way to property which abuts a public street.

“Dwelling” means one or more rooms containing one kitchen and occupied by one family. A dwelling shall not be used as a rental for vacation or resort occupancy, unless approved under other provisions of this title. May be referred to as a residence. A modular home is considered a dwelling under the terms of this title.

“Dwelling Unit, Single-Family” means a residential structure containing one dwelling. [Ord. 2018-003 § 1; 2005 RLDC § 11.030.]

19.11.070 E definitions.

“Easement” means a grant of the right to use the property of another for a specific purpose; may be either appurtenant or in gross.

“Eating/Drinking Establishments” means businesses providing facilities for preparation and consumption of food and beverages, including alcoholic beverages.

“Employees” means all persons working for another, for wages or salary.

“ESEE” means an analysis of the given economic, social, environmental and energy consequences that result from allowing, limiting or prohibiting a particular land use. In some cases, the ESEE is used to assure the least impactive site will be devoted to a use not allowed by one or more statewide planning goals. In other situations, the ESEE is used by decision-makers after it is determined that conflicts between a proposed use and existing or allowed uses within an impact area cannot be minimized. When this happens, the ESEE is used to identify the consequences that will result from allowing, limiting or not allowing the proposed use. In all situations, the decision-maker must weigh the results from the ESEE analysis in reaching its decision. Certain aspects of the Statewide Planning Goals 2 (Land Use Planning), 5 (Open Spaces, Scenic and Historic Areas and Natural Resources), 12 (Transportation) and 14 (Urbanization) require some level of ESEE analysis.

“ESEE Analysis” means the analysis of positive and negative economic, social, environmental and energy consequences that may result from allowing, limiting, or prohibiting future conflicting uses in the protection of a significant Goal 5 resource site.

“ESEE Consequences” means the positive and negative economic, social, environmental, and energy (ESEE) consequences that could result from a decision to allow, limit, or prohibit a conflicting use.

“Existing Manufactured Dwelling Park or Subdivision” means a manufactured dwelling park or subdivision for which the construction of facilities for servicing the lots on which the manufactured dwellings are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

“Existing Site” means an aggregate site that meets the definition for a significant aggregate site and was lawfully operating, or was included on an inventory of significant aggregate sites in an acknowledged plan, on September 1, 1996.

“Expansion Area” means an aggregate mining area contiguous to an existing site. [Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.080 F definitions.

“Family” means one or more persons living in one dwelling as one housekeeping unit.

“Farm Operator” means 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.

“Farm or Ranch Operation” means all lots or parcels of land in the same ownership that are used by the farm or ranch operator for farm use as defined in ORS 215.203.

“Farm Stays” means overnight accommodations which provide at least one meal per day, offered for compensation, which are provided in the principal farm house that offers on-site farm experiences to its guests. Commonly referred to as a “guest ranch.” Must be a qualifying farm.

“Farming, Farm Use.” See “Agriculture, Farming, Farm Use.”

“Farmworker Housing” means housing limited to occupancy by farmworkers and their immediate families, no dwelling unit of which is occupied by a relative of the owner or operator of the farmworker housing.

“Feedlot, Commercial” means an open lot or portion of property designed or used for the purpose of the concentrated feeding or the preparation for resale or slaughter of 10 or more animal units; does not apply to indoor animal husbandry, or to the feeding of animals accessory to dairy use, or other permitted use, or to the fattening of animals solely for the domestic use of the property owner, or to the penning and feeding of animals for display or show.

“Fence” means a barrier intended to prevent escape or intrusion, or to mark a boundary. A “fence” does not include a railing serving a deck, porch, balcony, or similar items.

“Fence, Sight-Obscuring” means a fence, the entire length of which is more than 50 percent opaque and individual elements or sections of the fence are more than 50 percent opaque.

“Final Action” means a final determination or decision on a land use or land division issue made by the Review or Hearing Body and accompanied by adopted findings, and signed by the Review or Hearing Body or its designee.

“Final Plat” means a map and other writings prepared in conformance with an approved tentative plan for a subdivision, planned unit development, partition, replat, or property line adjustment which is recorded with the County Clerk to complete the process for dividing land or adjusting property lines.

“Findings” means, as required in ORS 215.416(8), written statements of fact, conclusions, and determinations based upon the evidence at hand, presented relative to the criteria and standards for such review and accepted by the Review or Hearing Body in support of a final action.

“Fire Lane” means a way cleared of obstacles so as to allow clear passage for vehicles during a fire emergency.

“Fireworks” means those fireworks as defined in ORS 480.110(1), and which are prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration, or detonation, but which do not include an explosive as defined in ORS 480.220(1). Such products include diversionary devices used for law enforcement and military purposes which are similar in scope and effect to fireworks as defined in ORS 480.110(1).

“Flag Lot” means a unit of land created by a subdivision or partition and which includes a narrow projection with a vehicular pathway to a public road, and which projection is commonly known as the “flagpole.”

“Flagpole” means an area which is impractical to develop used primarily for a vehicular access to reach the main body of a lot.

“Flood Hazard Areas (Special Flood Hazard Areas)” means areas identified in the Federal Flood Insurance Study as the 100-year floodplain or the area of a floodplain subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A. For the purpose of the administration of provisions contained in Chapter 19.69A JCC, Flood Hazard Overlay, flood hazard areas include the following definitions:

1. “Approximate Floodplain (or Unnumbered “A” Zone)” means that area of the 100-year floodplain in which base flood elevations and flood hazard factors have not been determined and where encroachment by development will not increase the flood elevation more than one foot during the occurrence of the base flood discharge.

2. “Base Flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

3. “Base Flood Elevation (BFE)” means the crest elevation, in relation to mean sea level, expected to be reached by the base flood. A standard statistical calculation used by engineers to represent the flood magnitude having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “base flood” or the “100-year flood.”

4. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

5. “Development” means any alteration of improved or unimproved real estate, including but not limited to a land division, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

6. “Flood or Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

7. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

8. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

9. “Floodplain” means an area adjacent to a watercourse that is subject to a one percent or greater chance of flooding in any given year.

10. “Floodway” means the area within the floodplain consisting of the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

11. “Floodway Fringe (or Numbered “A” Zone)” means the area of the floodplain outside the floodway, but within the boundary of the floodplain, in which base flood elevations and flood hazard factors have been determined and where encroachment by development will not increase the flood elevation more than one foot during the occurrence of the base flood discharge.

12. “Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at JCC 19.69A.090.

13. “Shallow Flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

14. “Substantial Improvement” means any repair, reconstruction, or improvement of a structure, beginning when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure, the cost of which equals or exceeds 50 percent of the market value of the structure as shown on the current Assessor’s rolls or as determined by M.A.I. qualified appraiser either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred.

c. The term does not, however, include either:

[1] Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

[2] Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

15. “Variance” means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

“Floor Area” means the sum of the gross horizontal areas of the several floors of the building, measured from the outer lines of the exterior walls of the building, except that the floor area of a dwelling does not include space not usable for living quarters, such as attics, unfinished basement rooms, garages, unenclosed breezeways, and unenclosed porches or terraces.

“Footprint” means a single horizontal plane bounded by the exterior walls of a building and any appurtenances thereto.

“Forest Operations” means any commercial activity relating to the growing or harvesting of any forest tree species as defined in ORS 527.620(6).

“Forest Use, Forest Management” means the management, production, and harvesting of timber resources in accordance with the Oregon Forest Practices Rules, including:

1. The production of trees and the processing of forest products;

2. Open space and to buffer conflicting uses (see “Buffer”);

3. Watershed protection and wildlife and fisheries habitat;

4. Soil protection from wind and water;

5. Maintenance of clean air and water;

6 Outdoor recreational activities and related support services and wilderness values compatible with these uses; and

7. Grazing land for livestock.

“Forestry Building” means a building in conjunction with, and necessary to, a forestry operation or forestry management use.

“Foster Home” means a family home or facility which is licensed by the state in which residential care is provided for five or fewer adults who are not related to the provider by blood or marriage.

“Frontage” means that portion of a parcel of property which abuts a street or highway.

“Fuel Break” means an area of noncombustible materials or slow burning plants or the absence of vegetation around a structure.

“Fuel Depot” means any lot or building used for the storage and/or marketing of all fuel products. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2017-001 § 1(1); 2005 RLDC § 11.030.]

19.11.090 G definitions.

“Garage” means a building or a portion of a building permanently constructed for the purpose of enclosing a motor vehicle.

“Geologic Boundary” means a line between areas of the earth’s surface occupied by rocks or formations of different type or age.

“Goals” means the statements identified as such in the LCDC Goals and Guidelines and the comprehensive plan of Josephine County.

“Golf Course” means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more artificial hazards. Special additional definitions apply to golf courses located in the farm zones per applicable Oregon Administrative Rules. See Chapter 19.64 JCC.

“Grade (Ground Level)” means the average of the finished ground level at the center of all walls of a building. Case walls are parallel to and within five feet of a sidewalk and the ground level should be measured at the sidewalk.

“Greenhouse” means a building constructed chiefly of glass or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other plants and which shall be classified as an accessory building except in resource zones.

“Groundwater” is defined by ORS 537.515(3) as: “Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates, or otherwise moves.” [Ord. 2018-003 § 1; 2005 RLDC § 11.030.]

19.11.100 H definitions.

“Half Street” means a portion of the width of a street, usually along the edge of a subdivision where the remaining portion of the street has been, or could later be, provided in another subdivision or partition.

“Hardship,” for the purpose of obtaining a variance, is a condition which arises out of the land which may make it difficult for a person to construct a building or install improvements which are in compliance with the provisions of this title.

“Hearing” means a proceeding to hear a quasi-judicial application or a legislative amendment before a Hearing Body.

“Hearing Body” means that entity which has jurisdiction over a particular hearing.

“Hearings Officer” means the Josephine County Land Use Hearings Officer.

“Height of Building” means the vertical distance above finish grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the height of the highest gable of a pitched or hip roof. The measurement shall be taken from the finish grade of the adjoining sidewalk or ground surface. The height of a stepped or terraced building is the maximum height of any segment of the building.

“High Value Crop Area,” for the purpose of siting a destination resort, means an area in which there is a concentration of commercial farms capable of producing crops or products with a minimum gross value of $1,000 per acre per year. These crops and products include field crops, small fruits, berries, tree fruits, nuts, vegetables, dairying, livestock feedlots, or Christmas trees as these terms are used in the 1983 County and state agricultural estimates prepared by the Oregon State University Extension Service. The “high value crop area” designation is used for the purpose of minimizing conflicting uses in resort siting and does not revise the requirements of Goal 3.

“High-Value Farmland,” for the purpose of locating a limited lot of record dwelling on farmland and restricting certain uses, means soils that are:

1. Irrigated and classified prime, unique, Class I or Class II; or

2. Not irrigated and classified prime, unique, Class I or Class II; and

3. Tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stabilization and Conservation Service of the U.S. Department of Agriculture taken prior to 1993. “Specified Perennials” means 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.

4. For purposes of approving a land use application under ORS 215.705, the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property owner:

a. Submits a statement of agreement from the Natural Resources Conservation Service of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or

b. [1] Submits a report from a soil scientist whose credentials are acceptable to the State Department of Agriculture that the soil class, soil rating or other soil designation should be changed; and

[2] Submits a statement from the State Department of Agriculture that the Director of Agriculture or the Director’s designee has reviewed the report described in subsection (4)(b)[1] of this definition and finds the analysis in the report to be soundly and scientifically based.

5. Soil classes, soil ratings or other soil designations used in or made pursuant to this section are those of the Soil Conservation Service in its most recent publication for that class, rating or designation before November 4, 1993.

“Highway Ready” means a recreational vehicle that is on wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

“Historic Home” means a single-family dwelling constructed between 1850 and 1945.

“Home Occupation” means a commercial activity taking place in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one resident occupying the dwelling on the subject property. Home occupations are clearly incidental and accessory to the residential use, and do not alter the residential character of the neighborhood. A home occupation permit does not “run with the land” and may not be assumed by a new owner.

“Home School” means instruction in the home of elementary or secondary education to members of the immediate family and a maximum of five additional children, subject to the requirements of a home occupation when not limited to immediate family members.

“Horticulture” means the science and pursuit of growing plants.

“Hospital” means an institution providing medical or surgical care to patients, and the related overnight nursing and long-term care requirements arising from that treatment.

“Hospital, Pet.” See “Veterinary Clinic.”

“Hostel” means any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental use of the facilities, and which are operated, managed, or maintained under the sponsorship of a nonprofit organization which holds a valid exemption from federal income taxes under 26 U.S.C. Section 501.

“Hotel” means a building which is designed, intended, or used for the accommodation of tourists, transients, and permanent guests for compensation and in which no provision is made for cooking in individual rooms or suites of rooms. [Ord. 2023-006 § 1; Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 11.030.]

19.11.110 I definitions.

“Impact Area” means a geographic area within which conflicting uses could adversely affect a significant Goal 5 resource.

“Impact Area Agreement” means an agreement between a mine operator and owners of property within the impact area of the mine.

“Improvements” include the following:

1. “On-Site Improvements” means public or private facilities, including but not limited to sanitary sewer systems, water systems, storm drainage systems, streets, and irrigation systems located within the boundary lines of the lot or parcel;

2. “Adjacent Off-Site Improvements” means public or private facilities, including but not limited to sanitary sewer systems, water systems, storm drainage systems, and irrigation systems located outside of and adjacent to any boundary line of the lot or parcel;

3. “Off-Site Improvements” means public or private facilities, including but not limited to sanitary sewer systems, water systems, storm drainage systems, and irrigation systems located outside of and not adjacent to any boundary line of the lot or parcel.

“Inactive,” as applied to an aggregate mine, means no aggregate materials were excavated, crushed, removed, stockpiled or sold by the owner or operator of the surface mine.

“Incidental Retail Sales” means retail sales that are ancillary and secondary to the home business, such as selling shampoo from a home hair salon.

“Indoor Animal Husbandry” means the continuous, confined housing of livestock in a completely enclosed building with insulation and regulated ventilation and with all waste material to be removed from the building and processed or otherwise disposed of as authorized by law and pursuant to any conditional use permit issued under this title.

“Industrial” means the on-site production of goods and products. Industrial uses include manufacturing, production, processing, assembling, packaging, warehousing, shipping, and receiving of goods and materials, bulk storage of fuels and related materials, and similar uses.

“Infraction” means an offense that results from the violation of a provision of this title, and which is processed and punished consistent with the requirements for infractions.

“Institutional Use” means appropriation of water for any organization having a social, educational, or religious purpose.

“Interior Yards” means the area enclosed by the designated setback.

“Interest” means, as it pertains to a marijuana production site, the legally enforceable right to possess or use a lot or parcel as a marijuana production site.

“Intermodal Structures.” Also known as intermodal cargo containers, cargo containers, or metal shipping containers. A steel-frame unit whose frame design allows a clear span without requiring columns or structural walls, the typical size of which is 20, 40 or 53 feet in length by eight feet in width.

“Inventory or Resource List” means an acknowledged survey, map or description of one or more resource sites that is prepared or adopted by the County that includes information about location, resource values and features associated with the listed sites (includes plan inventories adopted under OAR Chapter 660, Division 16). A resource site may consist of a parcel or lot or portion thereof or may include an area consisting of two or more continuous lots or parcels.

“Irrigation, Irrigated” means watered by an artificial or controlled means, including 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 tracts that receive water for irrigation from a water or irrigation district or other provider. For the purposes of this chapter, an area or tract within a water or irrigation district that was once irrigated shall continue to be considered “irrigated” even if the irrigation water was removed or transferred to another tract. [Ord. 2023-005 § 1; Ord. 2018-005 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.120 J definitions.

“Judicial Notice” means a decision by the Presiding Officer to accept as evidence and recognize the existence and truth of certain facts, which may have an impact on the issue or application before the Hearing Body, and which are universally accepted as true and existing. These facts can be referenced and utilized by the Hearing Body in a decision, without them being introduced as a formal document into evidence at the hearing.

“Junk Yard” means any property where any person is engaged in the breaking up, dismantling, sorting, or distributing of any scrap, waste, recycled, or discarded material. [Amended during 7/9/14 codification; 2005 RLDC § 11.030.]

19.11.130 K definitions.

“Kennel” means a use providing for the commercial keeping, boarding, grooming, breeding or training of smaller domesticated pet animals, such as dogs and cats, that are at least six months of age. The keeping of more than 10 dogs older than six months shall be considered a kennel even if not for commercial purposes. The use does not include wildlife sanctuaries, or the keeping of exotic animals under special state or federal permits, or the feeding, breeding and/or management of livestock, poultry or fur-bearing animals when raised as an “Agriculture, Farming, Farm Use” as defined in this title. See also the definition for “Commercial.”

“Kitchen” means any area within a dwelling or other structure that is designed for the cooking and preparation of food and which usually contains cabinets, counters, sink, refrigerator, cooking stove, or combinations thereof. In determining whether an area is designed for the cooking and preparation of food, the Planning Director shall consider all of the following factors:

1. Whether the size, location and arrangement of counters and cabinets facilitate the storage, preparation and cooking of food; and

2. Whether the number and location of electrical outlets accommodate the layout of kitchen appliances; and

3. Whether the layout and plumbing accommodates the installation of a sink; and

4. Whether the area functions as an independent living space because of intervening construction features and/or separate outside entry and exit; and

5. Whether the area is served, or set up to be served, by 220 wiring or gas piping that can be used for a cooking stove; and

6. Whether the area is designed and plumbed to function as a bathroom only.

Before issuing a development permit, the Planning Director shall review and approve the building plan drawings required for the building permit, and once approved, the area shall be constructed as shown and approved. [Ord. 2022-001 § 1; 2005 RLDC § 11.030.]

19.11.140 L definitions.

“Landing Strip, Personal Use.” See “Airport, Personal Use.”

“Loading Area” means an off-street space or berth for the temporary parking of commercial vehicles while loading or unloading.

“Lodge” means a facility providing temporary lodging in conjunction with outdoor recreational activities.

“Lot” means a single unit of land that is created by a subdivision of land.

“Lot Area” means the total area within the boundary lines.

“Lot, Corner” means a lot abutting two streets at their intersection or a single street with a right angle turn.

“Lot or Parcel, Authorized” means a separate unit of land created in conformance with any of the following methods:

1. A parcel of land in a recorded subdivision, legally created under the law in force at the time, as defined in ORS 92.010;

2. A parcel in an unrecorded subdivision that was filed with the Department of Commerce in accordance with regulations in effect at the time of filing;

3. A parcel created by a land partitioning as defined in ORS 92.010; or

4. By deed or land sales contract, if there were no applicable planning, zoning, or partitioning ordinances, codes, or regulations;

An authorized lot or parcel does not include a unit of land created solely to establish a separate tax account. See also the definitions herein for “Building Lot” and “Tax Lot.”

“Lot Depth” means the average distance between the front lot line and the rear lot line.

“Lot, Interior” means a lot other than a corner lot.

“Lot Line” means the property line separating a lot or parcel from a street, alley or abutting parcel.

“Lot Line, Front.” The property line abutting a public street is the front lot line. In the case of a corner lot, all property lines fronting a public street shall be considered front lot lines. In the case of a flag lot, the line in the main body of the lot that intersects the flagpole at an angle shall be the front lot line. Where two property lines intersect the flagpole at angles, the line most parallel to the front of the main residence shall be the front lot line. In cases where parcels do not abut a public street at any point, there shall be no front or rear lot lines and all lines shall be considered side lot lines.

“Lot Line, Rear.” The property line most opposite and most distant from the front lot line is the rear lot line. When more than one front lot line exists, then all remaining lot lines shall be side lot lines and there shall be no rear lot line.

“Lot Line, Side.” Any property line not a front or rear lot line is a side lot line. When a lot does not abut a public street, then all lot lines shall be side lot lines.

“Lot, Through” means an interior lot having both a front and rear lot line abutting a street.

“Lot Width, Average” means the average horizontal distance between the side lot or parcel lines, ordinarily measured parallel to the front lot or parcel line on a rectangular lot.

“Lounge” means a place where the sale and consumption of alcoholic beverages occurs in conjunction with a food service operation.

“Lowest Floor” means the lowest floor or the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at JCC 19.69A.090. [2005 RLDC § 11.030.]

19.11.150 M definitions.

“Major Pump Test” means a water quantity test designed to measure the extent of drawdown and recovery in a well(s) and to produce and measure a cone of depression where possible with the pump or a comparable pump installed to accommodate the proposed use.

“Manufactured Dwelling.” A manufactured dwelling is the term used to describe all three of the following types of manufactured structures:

1. “Residential Trailer” means 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 32 feet;

2. “Mobile Home” means 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;

3. “Manufactured Home” means 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 in accordance with federal manufactured housing construction and safety standards (HUD standards) and regulations in effect at the time of construction.

“Manufactured Dwelling Park” means any place where four or more manufactured 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. It 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 if the subdivision was approved by Josephine County under an ordinance or code adopted pursuant to ORS 92.010 to 92.190.

“Manufacturing” means the fabrication, production, or making of goods by hand or machine to a usable form.

“Map” means a diagram, drawing, or other writing that depicts the arrangement of lots or parcels.

“Marijuana” means the plant cannabis family Cannabaceae, any part of the plant cannabis family Cannabaceae, and the seeds of the plant cannabis family Cannabaceae which is used or produced for recreational or medical purposes, but does not include “industrial hemp,” as defined in ORS 571.300.

“Marijuana Production Site” means the ground area covered by the mature marijuana plant canopy, greenhouses, employee housing, driveways and other structures and land uses that are associated with the production of marijuana on a lot or parcel.

“Marketing” means an activity or use in which the main object is the promotion and sale of products or services. Marketing may involve the preparation of products for shipment or sale and may include wholesale, retail or warehouse operations.

“Mass Gathering” means the organized gathering of 100 or more persons when the gathering is not authorized by some other planning permit approval. Family weddings, reunions and funeral gatherings of the owner of the property, as well as events held in public parks, shall not be considered mass gatherings. Mass gatherings shall be allowed as a permitted temporary use in all zoning districts.

“Mechanically Generated Noise” means sound emitted from a power tool, tractor, or other equipment that relies on fuel, electricity or other form of power. This definition does not include tools solely powered by manpower.

“Membership-Owned Recreational Area” means a privately owned development on a single parcel, providing temporary accommodations such as campsites or recreational vehicle spaces.

“Metes and Bounds” means the boundary lines of a lot or parcel of land with their terminal points and angles which are described by listing courses and distances of the boundaries. Usually produced through a survey done by a licensed surveyor.

“Mineral Resources” means solid materials and substances such as soil, coal, clay, stone, sand, gravel and metallic ore excavated for commercial, industrial or construction use from natural deposits, but does not include materials and substances described as aggregate resources.

“Minerals (Including Aggregate)” means any substance excavated from natural deposits in land or water for industrial, commercial or construction purposes. The term includes soil, coal, clay, stone, sand and gravel, lime, metallic ore and any other similar solid substance. Deposits of sand and gravel, stone, shale, lime and other hard minerals may also be referred to as aggregate. This definition is a slight expansion of the definition at ORS 517.750(7).

“Minimize a Conflict” means to reduce an identified conflict to a level that is no longer significant. For those types of conflicts addressed by local, state, or federal standards (such as the Department of Environmental Quality standards for noise and dust levels) to “minimize a conflict” means to ensure conformance to the applicable standard.

“Mining” means the extraction and processing of mineral or aggregate resources as defined in ORS 215.298 for farmland, and in ORS 517.750 for land other than farmland.

“Mining Area” means the area of a site within which mining is permitted or proposed, excluding undisturbed buffer areas or areas where mining is not authorized.

“Mining Site” means the area at a mineral and/or aggregate site in which mining is permitted or proposed, including undisturbed buffer areas or areas on a parcel where mining is not authorized.

“Minor Pump Test” means the same as a “major pump test” but of lesser duration. See Chapter 19.84 JCC, Water Standards.

“Modular Unit” means a prefabricated structure other than a manufactured dwelling, that meets the State Building Code standards for a given occupancy, and is transportable to a building site in distinct modules or units.

“Mortgage Lot” means a parcel or lot created to provide security for the purchase price of that parcel, lot, or an improvement on the parcel or lot, which does not involve transfer of legal title and possession.

“Mortuary” means a facility for funeral and interment services including crematories, funeral homes, and related facilities.

“Motel” means a building or group of buildings containing guest rooms or units with accompanying automobile parking including auto courts, motor courts, motor hotels, and similar designations, intended or used primarily for the accommodation of transients.

“Motor Home.” See the definition for “Recreational Vehicle.” [Ord. 2018-005 § 1; Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.160 N definitions.

“National Wild and Scenic River” means a national wild and scenic river system, instituted by Act of Congress, and designated as wild, scenic, or recreational rivers by or pursuant to an act of the legislature of the state or states through which they flow, that are to be permanently administered as wild, scenic, or recreational rivers by an agency or political subdivision of the state or states concerned without expense to the United States, that are found by the Secretary of the Interior to meet the criteria established in the Act and such criteria supplementary thereto. The wild, scenic, and recreational segments of a river are defined as follows:

1. “Wild River Areas” means those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

2. “Scenic River Areas” means those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads;

3. “Recreational River Areas” means those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

“Natural Areas” means a designated physical or biological unit.

“Net Metering Power Facility” means a facility for the production of energy that:

1. Generates energy using means listed in ORS or OAR such as solar power, wind power, fuel cells, hydroelectric power, landfill gas, digester gas, waste, dedicated energy crops available on a renewable basis or low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues but not including the production of biofuel as authorized by ORS 215.203(2)(b)(K) in all zones which allow farm use and ORS 215.283(1)(r) in the exclusive farm use zone;

2. Is intended to offset part of the customer-generator’s requirements for energy;

3. Will operate in parallel with a utility’s existing transmission and distribution facilities;

4. Is consistent with generating capacity as specified in ORS 757.300 and/or OAR 860-039-0010 as well as any other applicable regulations;

5. Is located on the same tract as the use(s) to which it is accessory and the power generating facility, tract, and use(s) are all under common ownership and management.

“New” means that the dwelling being constructed did not previously exist in residential or nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling of an existing structure.

“New Construction” means structures for which construction has started on or after the effective date of this title. Regarding flood hazard requirements, see the definition for “Start of Construction.”

“New Well” means any well drilled or altered for the purpose of new construction after the effective date of this title.

“Noise or Dust Sensitive Use or Structure” means the term used to refer to uses or structures authorized in the vicinity of mining operations which are sensitive to the noise and dust impacts because they involve human occupation. Examples of such uses are residences, churches, hospitals, care facilities, schools, libraries, campgrounds and other uses generally open to the public. Forest and farm uses are not considered to be noise or dust sensitive unless a contrary determination is established in the Goal 5 process. Noise or dust sensitive uses or structures are a conflicting use with regard to aggregate mining.

“Noncommercial/Stand-Alone Power Generating Facility” means a facility for the production of energy that:

2. Is intended to provide all of the generator’s requirements for energy for the tract or the specific lawful accessory use that it is connected to;

3. Operates as a stand-alone power generator not connected to a utility grid; and

4. Is located on the same tract as the use(s) to which it is accessory and the power generating facility, tract, and use(s) are all under common ownership and management.

“Noncompliance, Continuing” means a failure to comply with any part of this title which occurs on more than one day during any period of time of three months or less.

“Noncompliance, Noncontinuing” means a failure to comply with any part of this title which is not a continuing noncompliance.

“Nonconforming Lot or Structure” means a parcel of land or a structure which lawfully existed prior to adoption of this title, but which does not meet the standards for lot area, dimension, setbacks, or other criteria in this title.

“Nonconforming Marijuana Production Site” means a marijuana production site lawfully established in accordance with the RLDC prior to the effective date of Ordinance 2018-005 and authorized by state law as of that effective date.

“Nonconforming Use” means any use which lawfully existed prior to the adoption of this title, but which does not presently meet the requirements of this title that are applicable to the use.

“Nonconforming Use, Alteration of,” means a change regarding a nonconforming lot, structure or use that complies with the requirements of JCC 19.13.050 and any applicable state law.

“Nonforest Land” or “Noncommercial Forest Land” means an authorized lot or parcel of land that has been evaluated using the internal rate of return formula, and as a result of this evaluation, has been determined to be nonforest land. See JCC 19.46.040, Plan amendment review criteria.

“NRCS Web Soil Survey” means an official source of certified soils data available online that identifies agricultural land capability classes, developed and maintained by the Natural Resources Conservation Service as of January 1, 2016, for agricultural soils that are not high value, and as of December 6, 2007, for high-value agricultural soils.

“Nursing Home.” See the definition for “Convalescent Home.” [Ord. 2023-006 § 1; Ord. 2023-005 § 1; Ord. 2018-005 § 1; 2005 RLDC § 11.030.]

19.11.170 O definitions.

“OAR” means Oregon Administrative Rules.

“Offense” means a violation of the provisions of this title.

“Office” means a building, use, or structure designed for use by businesses and professions for the performance of their day-to-day functions including medical and dental clinics and other professional offices, but excludes laboratories, kennels, and offices incidental to a primary use such as warehouses, storage facilities, and small manufacturing facilities.

“Official Map” means the map or maps upon which locations are located in detail and with exactness, so as to furnish the basis for property acquisition, land use, zoning, or building restrictions.

“Open Play Field” means a large, grassy area with no structural improvements intended for outdoor games and activities by park visitors. The term does not include developed ballfields, golf courses or courts for racquet sports.

“Open Space” means any land that is retained in a substantially natural condition or is improved for recreational uses such as golf courses, hiking or nature trails, or equestrian or bicycle paths or is specifically required to be protected by a conservation easement. Open spaces may include ponds, lands protected as important natural features, lands preserved for farm or forest use, and lands used as buffers. “Open space” does not include residential lots or yards, or streets or parking areas.

“Opponent” means the individual or group opposing the applicant’s request, their attorney, or qualified representative.

“Orchard” means a piece of land planted with apple or pear trees per ORS 215.451.

“Ordinary High Water Line (OHWL)” means a line on the bank or shore of a riparian area to which high water ordinarily rises annually in season. The OHWL excludes exceptionally high water levels caused by large flood events. The OHWL shall be used to designate the upland edge of a riparian area for the purpose of measuring riparian corridor setbacks. The OHWL may be determined in the field by observing the following physical characteristics:

1. The location of a clear, natural line impressed on the shore;

2. Changes from riparian to upland vegetation (e.g., from willows to oak or fir trees);

3. Changes in the texture of sediment deposits or the character of soils (e.g., from sand, sand and cobble, cobble and gravel to upland soils);

4. The location below which fine debris (such as needles, seeds, leaves, cones) are no longer present;

5. The location at which water-carried litter or debris, water-stained leaves and water lines on tree trunks become apparent; and/or

6. Any other appropriate physical or scientific evidence that is credible to show the place where high water ordinarily rises annually in season.

“ORS” means Oregon Revised Statutes.

“Outdoor Sales” means use of land for the purpose of retail sales and services outside of a structure and may include a sales office.

“Outdoor Storage” means the keeping of materials, merchandise, goods, or vehicles outside of an enclosed structure.

“Overnight Lodgings” means permanent, separately rentable accommodations which are not available for residential use. Overnight lodgings include hotel or motel rooms, cabins, and time-share units. Individually owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through a central reservation or check-in service. Tent sites, recreational vehicle parks, mobile homes, dormitory rooms, and similar accommodations do not qualify as overnight lodgings for this definition.

“Owner” means an individual, firm, association, syndicate, partnership, or corporation having any proprietary interest in land for which an application for a land use or land division under these regulations and other applicable law has been filed. [Ord. 2023-005 § 1; Ord. 2006-001 § 1(1); 2005 RLDC § 11.030.]

19.11.180 P definitions.

“PAPA” means a “post-acknowledgment plan amendment.” The term encompasses actions taken in accordance with ORS 197.610 through 197.625, including amendments to an acknowledged comprehensive plan or land use regulation and the adoption of any new plan or land use regulation. The term does not include periodic review actions taken in accordance with ORS 197.628 through 197.650.

“Parcel” means a single unit of land that is created by a partitioning of land, intended for lease, transfer of ownership, or development.

“Parking Area” means an area containing parking spaces and maneuvering area, not a street or other public way, to be used for parking of motor vehicles.

“Parking Space” means a delineated area for the temporary storage of motor vehicles.

“Partition of Land” means the procedure to divide nonplatted authorized lots or parcels into two or three parcels within any given calendar year, but does not include:

1. 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;

2. 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 regulations;

3. The division of land resulting from the recording of a subdivision or condominium plat;

4. 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 other state laws applicable to farm and forest lands. 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; or

5. A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by state, a political subdivision or special district for highways, County roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. If the property line adjustment is approved, it shall be recorded in the Josephine County deed records.

See Chapter 19.52 JCC, Land Partitions, for the specific requirements for partitioning land.

“Partition Plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions, and information concerning a partition.

“Party” means a person or organization who meets the following criteria:

1. Participates in the hearing or review either orally or in writing; and

2. Either:

a. Was entitled to notice of the application prior to the hearing or review; or

b. Would be adversely affected as defined in JCC 19.11.030 by a final action of the Review or Hearing Body.

“Pedestrian Way” means an area for ingress and egress solely designed for pedestrian use; generally used in conjunction with a commercial or multifamily residential design.

“Performance Agreement” means an agreement between a developer and the governing body where the developer agrees to perform certain tasks and make certain improvements to the property as a condition of receiving an approval. The improvements may be done over a period of time and the developer agrees to set aside monies to pay for the improvements. The terms and conditions of a performance agreement are subject to Chapter 19.14 JCC.

“Permanent Foundation” means an approved structural support system that is capable of resisting flood forces. A building (including manufactured dwellings) is anchored to a “permanent foundation” when it will resist flotation, collapse, or lateral movement produced by a 100-year flood. A permanent foundation may include reinforced piers or block walls, posts, concrete walls, properly compacted fill or other systems of equivalent strength. Dry-stacked concrete blocks do not constitute a reinforced pier.

“Person” means an individual, firm, partnership, corporation, company, association, syndicate, or any legal entity and includes any trustee, receiver, assignee, or other similar representative.

“Pet” means dogs, cats, birds, and other common household animals generally kept in a residence, and not present in sufficient numbers to constitute a business or create a problem for neighbors.

“Place of Public Assembly” means a structure which is designed for purposes which include deliberation, education, worship, or entertainment for the public at large.

“Planned Unit Development Subdivision.” A planned unit development is a subdivision that is permitted to depart from certain development and zoning standards and densities otherwise applicable to subdivisions. Departures must be justified by the accommodation of special geographical conditions at the site or by the provision of special benefits or amenities to the occupants or public not otherwise required by the applicable regulations. Planned unit development subdivisions are allowed in any zone where residential subdivisions are authorized, or in any commercial or industrial zone.

“Planning Commission” means the Planning Commission for Josephine County, consisting of nine residents of the County who are appointed by the Board of County Commissioners to perform certain advisory and decision-making land use functions as prescribed by the Oregon Revised Statutes and County ordinance.

“Planning Director” means the individual appointed by the Josephine County Board of Commissioners to act as the County’s Planning Director.

“Plat” means the document that contains the final map and other applicable writings, signatures and approvals for the platting or replatting of a subdivision or partition or the platting of a property line adjustment that is prepared in conformance with this title and other applicable state requirements, and which must be recorded in the County deed records. The final plat is to be distinguished from the tentative plan. See the definition herein for “Tentative Plan.”

“Plot Plan” means a drawing, prepared to scale, showing accurately and with dimensions of all the uses proposed for a development on a lot or parcel. The plot plan required for the issuance of a development permit is described in JCC 19.41.020.

“Preserve, Hunting, Fishing” means land set aside for commercial or noncommercial hunting and fishing.

“Presiding Officer” means the person who presides over the proceedings of a Hearing Body, and is charged with the responsibilities as delineated in Chapter 19.31 JCC.

“Primary Processing of Forest Products” means the initial treatments of logs or other forest plant or fungi materials to prepare them for shipment for further processing or to market, including, but not limited to, debarking, peeling, drying, cleaning, sorting, chipping, grinding, sawing, shaping, notching, biofuels conversion, or other similar methods of initial treatments.

“Primary Safety Zone” means a fuel break extending in all directions around dwellings unless the area extends onto an adjoining lot or parcel where the fuel break may terminate at the property line. See the definition herein for “Fuel Break.”

“Principally Engaged in Farm Use,” as it refers to primary farm dwellings and accessory farm dwellings, means a person is principally engaged in the farm use of the land when the amount of time that an occupant of the dwelling is engaged in farm use of the property is similar to the average number of hours that is typically required for a full-time employee of the relevant type of farm use, whether that person is employed off the farm or not. Only one resident of a household need meet the “principally engaged” test, or the test may be met collectively by more than one household member.

“Private Park” means land that is used for low impact casual recreational uses such as picnicking, boating, fishing, swimming, camping, and hiking or nature-oriented recreational uses such as viewing and studying nature and wildlife habitat, and may include play areas and accessory facilities that support the activities listed above, but does not include tracks for motorized vehicles or areas for target practice or the discharge of firearms.

“Private Road” means the entire right-of-way for vehicular and pedestrian traffic, which does not provide for continuous and unrestricted rights of the public to travel across.

“Private Road Easement” means a privately owned roadway, described by deed as being at least 25 feet in width, serving a maximum of four adjacent lots, including the lot which fronts on the public road, not publicly dedicated or maintained by the County, but meets access for service and emergency vehicle standards.

“Processed,” as it applies to farm stands, processed crops and livestock, means farm products that have been converted into other products through canning, drying, baking, freezing, pressing, butchering or other similar means of adding value to the farm product, including the addition of incidental ingredients, but not including the conversion of farm products into food items that are prepared on site or intended for on-site consumption.

“Processing of Extractive Resources” means all operations involved in the removal and preparation of mineral resources for shipment, refinement, sale or personal use.

“Processing of Mineral Aggregate” includes, but is not limited to, crushing, washing, milling and screening as well as the batching and blending of mineral aggregate into asphalt and Portland cement concrete located within the operating permit area.

“Processor, Marijuana” shall have the definition as written in OAR 845-025-1015. The processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts. Processing does not include packaging or labeling.

“Producer, Marijuana” shall have the definition as written in OAR 845-025-1015. The manufacture, planting, cultivation, growing or harvesting of marijuana. “Producer” may also include the drying, packaging, and labeling of marijuana. “Producer” does not include the drying of marijuana by a marijuana processor, if the processor is not otherwise producing marijuana.

“Professional Office” means the place of business of a person engaged in a recognized profession.

“Property Line” means the division line between two units of land.

“Property Line Adjustment” means the relocation of a common property line between two abutting properties where an additional unit of land is not created and where the existing unit of land reduced in size complies with the zoning requirements for lot size.

“Property Owner” means person or persons who own property.

“Proponent” means the applicant or a representative acting on behalf of the proponent.

“Protect” means to adopt land use regulations for a significant mineral or aggregate site in order to authorize mining of the site. For purposes of deciding upon a program to protect a significant site as part of the ESEE analysis, “protect” also means to limit or prohibit new conflicting uses within the impact area of the site.

“Public Need” means a conclusion based upon presentation of findings of fact that substantiate that a specific request is in the best interests of the public in terms of economic, social, and environmental reasons.

“Public Park” means a public area intended for open space and outdoor recreation use that is owned and managed by a city, county, regional government, state or federal agency, or park district and that may be designated as a public park in the applicable comprehensive plan and zoning ordinance.

“Public Road” means a road over which the public has a right of use that is a matter of public record.

“Public and Semi-Public Buildings” means granges, community centers, and structures of similar nature and use.

“Public Water System” means a system for the provision to the public of piped water for human consumption, if the system has more than three service connections or supplies water to a public or commercial establishment which operates a total of at least 60 days per year, and which is used by 10 or more individuals per day or is a facility licensed by the Environmental Health Division. A public water system may be further defined by the Environmental Health Division. [Ord. 2023-005 § 1; Ord. 2018-005 § 1; Ord. 2018-003 § 1; Ord. 2006-002 § 1; 2005 RLDC § 11.030.]

19.11.190 Q definitions.

“Quarters” means an apartment which is part of an industrial building or mini-warehouse, limited to 1,000 square feet, for the purpose of housing a night watchman or a caretaker.

“Quasi-Judicial Land Use Action,” means a land use action that involves the application of criteria in determining approval or denial of the request for a land use, structure or improvement under consideration. See the definition herein for “Criterion (Criteria) of Approval;” see also the definition of “Land Use Decision” as set forth in ORS 197.015(10).

“Quorum” means a majority of the members of a Hearing Body appointed by the Board of County Commissioners present at any meeting. [2005 RLDC § 11.030.]

19.11.200 R definitions.

“Ramada” means a stationary structure having a roof extending over a manufactured dwelling; the structure may also extend over a patio or parking area for motor vehicles which is used principally for protection from sun and rain.

“Reclamation” means actions designed to rehabilitate the earth’s surface by plant cover, soil stabilization, water resources, and other measures appropriate to the subsequent beneficial use of the reclaimed lands.

“Recreation” means any experience voluntarily engaged in during leisure (discretionary) time from which the individual derives satisfaction.

“Recreational Resort” means a self-contained development providing visitor oriented accommodations and developed recreational facilities.

“Recreational Vehicle” means a vehicle which is identified as a recreational vehicle by the manufacturer, and is licensed as a recreational vehicle by the Department of Motor Vehicles. It is commonly known as a travel trailer, motor home or an RV.

“Recreational Vehicle Park” means a development designed as temporary siting for recreational vehicles, having limited facilities including potable water and sewer, to serve the users.

“Recycling Center” means a facility for the temporary collection, sorting and subsequent transport of nonputrescible solid waste. This use includes compacting of collected materials, but does not include any of the other processing activities described within the definition of “Resource Recovery Facility.” Recycling centers are subject to special review procedures and standards for operation contained in Chapter 19.86 JCC.

“Reinforced Pier” means a pier that has, at a minimum, a footing adequate to support the weight of a manufactured dwelling under saturated soil conditions. Concrete blocks may be used if vertical steel reinforcing rods are placed in the hollows of the blocks and the hollows are filled with concrete or high strength mortar. Dry stacked concrete blocks do not constitute reinforced piers.

“Renewable Energy Facility” means a solar photovoltaic power generation facility using more than 100 acres but not more than 160 acres located on high-value farmland as defined in ORS 195.300; more than 100 acres but not more than 1,280 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or more than 320 acres but not more than 1,920 acres located on any other land. An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal or wind energy at a single plant or within a single energy generation area.

“Rental Unit” means any dwelling which is occupied, by parties other than the owner, pursuant to a lawfully executed rental agreement, oral or written.

“Replacement Well” means a well constructed for the purpose of being used in conjunction with, or replacing, an established well, which over time has declined in capacity and can no longer serve the established needs of the user(s).

“Replat” means 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.” See definition for “Dwelling.”

“Residential Care Facility” means a residential care, residential training, or residential treatment facility, licensed by or under the Oregon Department of Human Resources, for six to 15 individuals who need not be related. Staff persons required to meet the 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 facility.

“Residential Care Home” means a residential care, residential training, or residential treatment facility, licensed by or under the Oregon Department of Human Resources, for five or fewer individuals who need not be related. Staff persons required to meet the 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 facility.

“Resource Recovery Facility” means a facility for the temporary collection of nonputrescible solid waste for the purpose of processing recyclable materials into products. Processing may include the crushing, shredding, chipping, compacting, heating, molding, reforming or remanufacturing of nonputrescible solid waste alone or in combination with other new or used materials. On-site storage of materials shall be strictly limited to items used or created in the operation of the facility. Resource recovery facilities are subject to special review procedures and standards for operation contained in Chapter 19.86 JCC.

“Resource Structure” means a building or structure used in conjunction with a forest, farm, or mining operation.

“Restaurant” means any establishment where food and drink is prepared for sale to the public on or off the premises.

“Restrictive Covenant” means an enforceable promise or declaration given by the owner of real property resulting in the release of some right associated with the use and enjoyment of the property encumbered by the covenant. A restrictive covenant may involve a promise not to object to impacts resulting from resource uses existing or authorized on neighboring lands. The restrictive covenant shall be in writing, signed and notarized and recorded in the real property records for Josephine County, and is intended to bind the heirs and successors of the owner.

“Retirement Facility” means a building or group of buildings for elderly residents for which meal service, housekeeping, and activity programs are provided, but for which nursing care is not provided.

“Retreat Center” means an establishment on a lot or parcel exceeding five acres that provides a place for a period of withdrawal for prayer, meditation, study, and/or instruction. Such establishments shall be distinguished from public and private schools by their emphasis on holistic experiences that typically include on-site lodging and meal preparation.

“Review Body” refers to the Planning Director or any designee of the Planning Director, who is authorized to review requests for land uses, structures or improvements pursuant to the provisions of this title.

“Right-of-Way” means the area between boundary lines of a street or road.

“Riparian Area” means the area adjacent to a river, lake, stream, or wetland consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

“Riparian Area Boundary” means a line located a certain distance back from the ordinary high water line for riparian areas in which certain uses or activities are prohibited and/or regulated to protect or enhance beneficial riparian attributes. The area within a riparian area boundary or boundaries is considered the riparian corridor setback area. See JCC 19.72.040(B), Riparian Corridor Setback Area.

“Riparian Corridor” means a space that surrounds a riparian area that includes the water areas, fish habitat, adjacent riparian areas, and wetlands that are within the riparian area setback boundary.

“Road or Street” means 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(s).

“Road, Service” means a road contained entirely within property boundaries and used for internal traffic flow.

“Roadside Stand” means a temporary structure designed and/or used for display and sale of agricultural products produced on the premises for food, beverages, and/or produce not grown on the property, or for other goods and services.

“Roadway” means the portion or portions of street right-of-way developed for vehicular traffic.

“Rural Roads” means any road outside of an urban growth boundary, built to County standards, including the following types:

1. “Arterial Street” means a major street which functions to move large amounts of traffic. Generally consists of four lanes, or two lanes with adequate shoulders, and generally has higher speed limits than collector streets;

2. “Major Collector” means a rural road providing service between traffic generators and larger towns or with routes of higher classification, as designated on the functional highway classification maps of Josephine County as periodically revised;

3. “Minor Collector” means rural roads spaced at intervals consistent with population density to collect and distribute traffic from/to local rural roads and bring all developed areas within a reasonable distance of a collector system as designated on the functional highway classification maps of Josephine County as periodically revised;

4. “Local” means a rural road providing access between residential roads and road systems of higher order or providing alternate cross linkage between roads of higher order but not serving as a collector;

5. “Residential” means a rural road providing direct access to abutting land and access to local rural roads or higher order road systems. The number of lots to be served shall be 60 or less;

6. “Limited Residential” means a rural road providing direct access to abutting land and access to local rural roads or roads of higher order. This is a road intended exclusively for access to abutting property where the number of lots is permanently restricted because one end terminates in a cul-de-sac without a street plug. In areas where the topography is gently rising, less than 15 percent side slopes, the number of lots served shall be 10 or less and the length is not to exceed 1,300 feet. In areas where the terrain is steeper, more than 15 percent side slopes, the number of lots served shall not exceed 20 lots and the length shall not exceed 2,600 feet;

7. “Restricted Residential” means a rural road providing direct access to abutting land and access to local rural roads of a higher order. This is a road intended to serve a maximum of five lots. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2006-001 § 1(1); 2005 RLDC § 11.030.]

19.11.210 S definitions.

“Safe Evacuation Plan” means an identifiable route on a right-of-way and any on-site driveways from the accessory dwelling unit to the staged evacuation area.

“Sale or Sell” means, for the sale of real estate, every disposition or transfer of land legally divided, or an interest or estate.

“Sanitary Landfill” means land used for the disposal of solid waste, in conformance with the requirements of OAR Chapter 340, Division 61.

“Scenic Easement” means the right to control the use of land, including airspace above the land, for the purpose of protecting the natural qualities of a designated area. This control does not extend to any regular use exercised prior to the acquisition of the easement without the owner’s consent.

“Scenic Waterways” means a river, or segment of a river, that has been designated as such in accordance with ORS 390.805 to 390.925, or any subsequent act, and includes related adjacent land (i.e., all land within one-fourth of one mile on each side of a river or segment of river within the scenic waterway, except land that, in the State Highway Department’s judgment, does not affect the view from the waters within a scenic waterway). Designated scenic waterways include the segment of the Rogue River extending from the confluence with the Applegate River downstream a distance of approximately 88 miles to Lobster Creek Bridge, and the segment of the Illinois River from the confluence with Deer Creek downstream a distance of approximately 46 miles to its confluence with the Rogue River.

“School, Public and Private” means an institution of learning which offers instruction as required by the state of Oregon to meet prescribed standards including kindergarten, elementary, secondary, higher education, vocational, and trade schools.

“Self-Contained Development” means, for siting a destination resort, a development for which community sewer and water facilities are provided on-site and are limited to meet the needs of the development or are provided by existing public sewer or water service as long as all costs related to service extension and any capacity increases are borne by the development. A “self-contained development” shall have developed recreational facilities provided on site.

“Series Partition” means a series of partitions resulting in the creation of four or more parcels over a period of more than one calendar year.

“Service Station.” See “Automobile Service Station.”

“Setback” means a specified distance for the placement of a structure from, including but not limited to, a road, a right-of-way or easement, property line, other structure, septic system, well, river or other waterway, or natural or manmade resource.

“Sewage Disposal Plant” means the land and the facilities located thereon for the collection, treatment, processing, disposal, management, and beneficial reuse of wastewater, treated wastewater, and biosolids (sewage sludge) produced in the treatment of wastewater. The facilities include but are not limited to: buildings, storage or stabilization ponds or lagoons, pipes, tanks, basins, pumps, machinery and equipment; structures for enclosing machinery and equipment; all equipment and machinery for the treatment, processing, disposal and management of biosolids, including that used in digesting, dewatering, incinerating, composting, bulking agent grinding, loading, conveying, separating, screening, transporting systems, storing or any other facilities which may be needed for wastewater and biosolids treatment, processing, disposal, storage and management. Soil remediation and toxic waste incineration will not be authorized as part of this definition.

“Sewage Transfer Site” means a facility for the temporary collection of septic tank sewage in holding tanks for transfer to authorized disposal sites. This use involves the pumping of septic sewage from delivery trucks into large, fully enclosed holding tanks for subsequent repumping into larger trucks for transportation away from the site. Sewage transfer sites are subject to special review procedures and standards for operation contained in Chapter 19.86 JCC.

“Sidewalk” means a pedestrian walkway with permanent surfacing.

“Sign” means any visual device which identifies, describes, illustrates, or otherwise directs attention to a product, place, activity, person, institution, or business, and which is affixed to a structure or the land. Each display surface of a sign, other than two surfaces parallel and back to back on the same structure, shall be considered a separate sign; the cumulative area allowed shall be calculated as the area of one side. This definition shall not include official notices issued by a court or public body or officer, or directional, warning, or information signs or structures required or authorized by law or by federal, state, or County authority.

“Sign, Illuminated” means a sign which is lighted by an artificial light source.

“Significant (Adverse) Impact” means a criterion used to determine whether proposed land use activities will inappropriately affect the use or quality of other properties or public facilities. Impacts are significant when they cause serious adverse effects to, or conflict with, other properties, which cannot be reasonably mitigated through the imposition of conditions of development or operation. The Review Body shall judge the significance of impacts based on what a reasonable person would consider serious given the facts and circumstances of the application.

“Significant Aggregate Resource Site.” An aggregate resource site shall be considered significant if adequate information regarding the quantity, quality, and location of the resource demonstrates that the site meets any one of the criteria in subsections (1) and (2) of this definition, except as provided in subsection (3) of this definition:

1. Based on a set of samples which in the judgment of an Oregon registered geologist is representative of aggregate material in the deposit, the material on the site meets:

a. Oregon Department of Transportation (ODOT) specifications for base rock for air degradation, and abrasion; and

b. For material to be used in concrete, Portland cement and asphaltic concrete, the Oregon Department of Transportation (ODOT) specifications for sodium sulfate soundness (ODOT TM 206 test); and

c. The estimated amount of material is more than 60,000 cubic yards; or

2. The aggregate site was on an inventory of significant aggregate sites in an acknowledged plan on September 1, 1996.

3. An aggregate site is not significant if more than 35 percent of the proposed mining area consists of soil classified as Class I, Class II, or of a combination of Class II and Class I or Unique soil on Natural Resource and Conservation Service (NRCS) maps as of September 1, 1996.

4. Subsection (3) of this definition does not apply to an expansion area of an existing site if the operator of the existing site had on March 1, 1996, an enforceable property interest in the expansion area.

“Silviculture” means systematic management for the production of trees.

“Similar Use” means a use that is nearly but not exactly the same; having a general resemblance to other uses allowed in a specific zone.

“Site Plan” means a drawing, prepared to scale, showing accurately and with dimensions of all the uses proposed for a development on a lot or parcel. The site plan shall meet the requirements of Chapter 19.42 JCC.

“Slow Burning Plants” means plants which are naturally resistant to combustion.

“Soils” means the soils identified in the document used by Josephine County to identify soils for development and division purpose: the 1983 Soil Survey of Josephine County, published by the Soil Conservation Service.

“Staged Evacuation Area” means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize.

“Standard of Approval” means an objective standard for permit approval that requires the decision-maker to verify the existence or nonexistence of certain facts or circumstances by observation or measurement.

“Start of Construction,” for flood administration purposes, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include the following: land preparation, including clearing, grading, and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers, or foundation or the erection of temporary forms; and the installation on the property of accessory buildings, including garages or sheds not occupied as dwelling units or not part of the main structure.

“Statement of Understanding” means a document describing the rights and responsibilities of the applicant in the review of an application.

“Storage Container” means any area enclosed or roofed for the purpose of storing personal property, including converted semi-truck trailers and air/sea shipping containers, and modular storage buildings (on or off skids), metal storage sheds, portable sheds or any other similar enclosure. Storage containers, buildings and sheds shall be considered a “structure” for the purpose of meeting accessory structure size limitations and setback and development permit requirements. Note: Storage containers or sheds not meeting the Uniform Building Code requirements cannot be provided with electrical service.

“Stream” means a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.

“Street Plug” means an area of land dedicated to the public or deeded to the County as road right-of-way to be used in the future to extend a road or to connect through to another public road. The right to use a street plug in its undeveloped state, or to develop a street plug to a County road, or to use a street plug to connect roads together, is a matter entirely within the authority of the Director of Public Works pursuant to order of the Josephine County Commissioners, and any action by the Director of Public Works to utilize or develop an existing street plug shall be considered a ministerial action as described in JCC 19.22.030.

“Street, Public.” See the definition for “Road, Public.”

“Structural Alteration” means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.

“Structure” means anything constructed, erected, installed or portable, the use of which requires a location on the ground or is attached to something having a location on the ground, including a gas or liquid storage tank that is principally above ground. Outside of the stream setback, JCC 19.72.040(B), decks, paved or concrete slabs, patios or walkways which are constructed less than 30 inches above grade are not considered structures and development permits are not required. Fences which meet the height requirements set forth in Chapter 19.73 JCC, Fences, Walls and Screens, utility poles, flagpoles, or irrigation system components are not considered structures in any location and development permits are not required.

“Subdivide” means to effect a subdivision that meets the requirements of this title and other applicable state laws.

“Subdivide Land” means to divide an area or tract of land into four or more lots within a calendar year. 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.

“Subdivider” means any person who undertakes proceedings to effect a subdivision of land, including changes in street or lot lines, for the purpose of transfer of ownership or development.

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided as defined in this section.

“Subdivision, Cluster” means a development option that offers a density bonus for residential development in exchange for the permanent designation of open, natural or agricultural areas. Specifically, a residential development that concentrates buildings and/or lots on a part or parts of the site to allow the remaining land to be used for open space, recreation, protection of environmental features, agriculture or other purposes, where the density regulations are applied to the project as a whole instead of to individual lots. Also referred to as “conservation subdivision.” Different from a planned unit development in that bonus options may be available.

“Subdivision Plat” means a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision.

“Substandard Well” means a well which does not meet the minimum standards for well construction and maintenance as defined by OAR Chapter 690, Division 200.

“Substantial Damage” means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial Development” means actions taken by the permit holder which encompass more than simple site preparation and grading. When actual site and/or physical improvements that constitute a considerable part of the whole project have been lawfully undertaken, such improvements must encompass more than simple site preparation or surveying, and must include physical site, structure and/or facility development:

1. For individual home site approvals, substantial development shall mean:

a. A development permit as required by the land use approval has been issued; and

b. Evidence the following site improvements have been installed:

[1] A septic system, or approved connection to a sewerage system provided for the property; or

[2] A system of delivering an approved source of water supply to the property (i.e., well report and registration approved by the Water Resources Department of Oregon); verified for domestic use by a water quality report that confirms standards for potable water are met.

2. For industrial/commercial site development approvals, substantial development shall mean:

a. A development permit as required by the land use approval has been issued; and

b. Evidence the following site improvements have been installed:

[1] A septic system, or approved connection to a sewerage system provided for the property; or

[2] A system delivering an approved source of water supply to the property (i.e., well report and registration approved by the Water Resources Department of Oregon) adequate to support the approved use; and

One of the following:

[3] An approved foundation has been constructed for the use subject to land use approval; or

[4] Final engineering plans have been reviewed and approved by the County for site development.

“Substantial Improvement” means any repair, reconstruction, or improvement of a structure, beginning when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure, the cost of which equals or exceeds 50 percent of the market value of the structure as shown on the current Assessor’s rolls or as determined by M.A.I. qualified appraiser either:

1. Before the improvement or repair is started; or

2. If the structure has been damaged and is being restored, before the damage occurred.

3. The term does not, however, include either:

a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

“Substantial Interference” means interference which is caused by use of a groundwater source, which diminishes another groundwater source that is fully developed, to the extent that it will not supply its legally established use. [Ord. 2023-006 § 1; Ord. 2022-001 §1; Ord. 2018-003 § 1; Ord. 2011-005 § 1; 2005 RLDC § 11.030.]

19.11.220 T definitions.

“Taking” means a land use regulation applied to a specific property, such as rezoning, which directly interferes with or substantially disturbs the owner’s use and enjoyment of the property, including substantial reduction of economically viable uses of the land, interference with distinct investment-backed expectations, prevention of the best use of the land, or deprivation of a fundamental attribute of ownership. Taking does not include the denial of a land use application or a refusal to grant a permit.

“Tavern” means a place where the sale or consumption of beer and wine beverages is the principal activity.

“Tax Lot” means an area of land utilized for tax assessment purposes. A tax lot shall not be construed to imply that the lot has been created in conformance with applicable land use regulations or that it can be independently developed or sold without conformance with all regulations. (See the definitions for “Lot or Parcel, Authorized” and “Building Lot.”)

“Temporary Use or Structure” means a nonpermanent structure, or one used for a limited time, or a use or activity that is of a limited duration.

“Tenant(s) in Possession” means person(s) responsible for the everyday management of a property.

“Tentative Plan” means a map and other writings submitted for review and approval for a subdivision, partition, replat, or property line adjustment.

“Test Supervisor” means an employee or representative of Josephine County Water Resources Department that oversees the major and minor pump tests.

“Tiny Home” means a unit designed to be occupied as a single-family dwelling, is on wheels, may or may not be affixed to a permanent foundation, and is regulated the same as a recreational vehicle. Different from a small home, which is not on wheels, and is affixed to a permanent foundation.

“Tourist Home” means a house offered to one party for compensation to overnight travelers. Commonly referred to as a “vacation cottage.”

“Tract” means one or more contiguous lots or parcels in the same ownership. A tract may include property that is not included in the proposed site for a destination resort if the property to be excluded is on the boundary of the tract and constitutes less than 30 percent of the total tract.

“Transitional Housing Camp” means a campground established solely to provide for transitional housing accommodations in accordance with ORS 446.265 and this code. Examples of such a camp are one that provides for tiny homes on wheels, or recreational vehicles and fifth wheels. Tent camping is not allowed.

“Transitional Housing Shelter” means a structure that contains no more than three walls and a roof for protection of people seeking overnight shelter. The structure may be used as the principal shelter for people, or shelter tents that are providing shelter to humans. Said structure is often referred to as “open-sided barracks.”

“Travel Trailers.” See the definition for “Recreational Vehicle.”

“Truck and Heavy Equipment Repair” means repair of heavy-duty and commercial trucks, construction equipment and other similar vehicles. Includes the sale, installation, servicing of the equipment and parts, and body repair. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; Ord. 2006-001 § 1(1); 2005 RLDC § 11.030.]

19.11.230 U definitions.

“Use” means the purpose to which land, structures or other improvements are put on a lot or parcel of land. For the purposes of this title, a change in tenancy is not considered a change in use. Further, a change of use of a room in a single-family dwelling or duplex is not considered a change in use unless the change is to facilitate the operation of a home occupation or a bed and breakfast inn.

“Utility Facilities Necessary for Public Service,” as used in Chapter 19.64 JCC, means any facility owned or operated by a public, private or cooperative company for the transmission, distribution or processing of its products or for the disposal of cooling water, waste or by-products, and including major trunk pipelines, water towers, sewage lagoons, cell towers, electrical transmission facilities (except transmission towers over 200 feet in height) including substations not associated with commercial power generating facilities and other similar facilities. [Ord. 2023-005 § 1; 2005 RLDC § 11.030.]

19.11.240 V definitions.

“Variance” means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

“Veterinary Clinic” means a facility providing for medical care and keeping of animals, including a kennel, where overnight accommodation is limited to emergency care and treatment, with laboratories incidental to the operation of the clinic.

“Vision Clearance Area” means a triangular area located on a lot abutting an intersection, created by drawing a diagonal line across the lot connecting extensions of the property lines from the intersection, in which no planting, walls, structures, or obstructions shall be placed that will exceed a height of three feet above curb level, or if no curb, from the established street centerline grade. The vision clearance area at all other points is the area between the front property line and a parallel line located at a distance from the property line specified in JCC 19.73.020.

“Visitor-Oriented Accommodations” means overnight lodging, restaurants, and meeting facilities which are designed to provide for the needs of visitors rather than year-round residents.

“Visual Obstruction” means any fence, hedge, tree, shrub, device, wall, or structure between the elevations of three feet and eight feet above the curb level, located at a street, drive, or alley intersection which limits the visibility of pedestrians or persons in motor vehicles using the intersection. [2005 RLDC § 11.030.]

19.11.250 W definitions.

“Waste Disposal Site” means land used for the disposal or handling of solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, composting plants, and disposal sites for septic tank pumping or cesspool cleaning by the public or by a solid waste collection service.

“Waste Transfer Center” means a facility for the temporary collection of putrescible and nonputrescible solid waste for retransportation to an authorized sanitary landfill site, subject to special review procedures and standards for operation contained in Chapter 19.86 JCC. Transfer centers may be operated in conjunction with recycling centers, resource recovery facilities, sewage transfer sites and sewage disposal plants.

“Water of the State” means, in Oregon, any natural waterway including bays, estuaries, streams, rivers, creeks, lakes, wetlands, or other area supporting aquatic life. All waters are regulated under the provisions of OAR 141-85-100(24).

“Water Quality Test” means a test to determine potability and/or chemical quality of the water.

“Way” means a strip of land, whether public or private, providing access to some or all adjoining landownerships.

“Well” means any artificial opening or artificially altered natural opening, however made, by which groundwater flows under natural pressure or is artificially withdrawn.

“Wet Bar” means an accessory sink, used for convenience and is not used in conjunction with the preparation of food, located within the dwelling. A wet bar has the following dimensions: The maximum size for the sink is 16 inches by 16 inches and is limited to one compartment; the waste line to the sink is limited to one and one-half inches in size; and the P-trap is limited to one and one-fourth inches in size.

“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.

“Wholesale Trade” means distribution and sale of goods at wholesale. Wholesale trade may include retail trade as an accessory use when wholesale is the dominant use.

“Winery.” A winery on property located within a farm zone shall meet the special definitions and rules from ORS 215.452. Specifically, a winery:

1. Means a facility that produces wine with a maximum annual production of less than 50,000 gallons when the facility:

a. Owns an on-site vineyard of at least 15 acres;

b. Owns a contiguous vineyard of at least 15 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or

d. Obtains grapes from any combination of subsections (1)(a), (b), and (c) of this definition; or

2. Means a facility that produces wine with a maximum annual production of more than 50,000 gallons and no more than 100,000 gallons when the facility:

a. Owns an on-site vineyard of at least 40 acres;

b. Owns a contiguous vineyard of at least 40 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or

d. Obtains grapes from any combination of subsection (2)(a), (b) or (c) of this definition.

3. Allows only the sale of:

a. Wines produced in conjunction with the winery; and

b. Items directly related to wine, the sales of which are incidental to retail sale of wine on-site. Such items include those served by a limited service restaurant as defined in ORS 624.010.

4. The vineyards described in subsections (1) and (2) of this definition have been planted or the contract has been executed, whichever is applicable, as documented by the applicant prior to the issuance of a permit to establish the winery.

“Workyard, Public” means an enclosed area for the storage of vehicles and supplies and the provision of maintenance services for public facilities.

“Wrecking Yard.” See the definition for “Automobile Wrecking Yard.” [2005 RLDC § 11.030.]

19.11.260 X definitions.

Reserved.

19.11.270 Y definitions.

“Yard” means a space open and unobstructed from the ground upward and unoccupied.

“Yard, Front” means a yard between the front line of the building (exclusive of steps) and the front property line.

“Yard, Rear” means an open, unoccupied space on the same lot with a building (exclusive of steps and porches) and the rear line of the lot.

“Yard, Side” means an open, unoccupied space on the same lot with a building, between the side wall line of the building and the side lot line.

“Youth Camp” means a facility either owned or leased, and operated by a state or local government, or a nonprofit corporation as defined under ORS 65.001, to provide an outdoor recreational and educational experience primarily for the benefit of persons 21 years of age and younger. Youth camps do not include any manner of juvenile detention center or juvenile detention facility.

“Yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. Yurts are not to be used for dwelling purposes. [Ord. 2023-005 § 1; Ord. 2018-003 § 1; 2005 RLDC § 11.030.]

19.11.280 Z definitions.

“Zone” means a classification of land by purpose and use; those specific areas where requirements of density, use, coverage, landscaping, and parking may be applied. May include an overlay zone which applies specific conditions to all uses allowed in a zone based on physical or other characteristics.

“Zone, Approach, Transitional, Horizontal, and Conical” means the area under the approach, transitional, horizontal, and conical surfaces defined in Part 77, Objects Affecting Navigable Air Space, Federal Aviation Regulations, published by the Federal Aviation Administration (FAA) of the U.S. Department of Transportation. [2005 RLDC § 11.030.]