Chapter 16.12
DEFINITIONS

Sections:

16.12.010    Construction and terminology.

16.12.020    Definitions.

16.12.010 Construction and terminology.

A.    Construction. Words used in the present tense include the future tense; words used in the singular include plural, and words used in the plural include the singular; the word “shall” is mandatory; the words “any and may” are permissive; the masculine shall include the feminine and neuter.

B.    Terminology. The word “county” means Jefferson County, Oregon. The word “hearings officer” means the planning director and hearings officers respectively of Jefferson County. (Ord. O-160-2000 Exh. A § 1.9, 2000)

16.12.020 Definitions.

As used in this title, the following definitions shall apply:

“Access” means the right to cross between public and private property, which allow pedestrians, and vehicles to enter and leave property.

“ADT (average daily traffic)” means the average number of vehicles per day that passes over a given point in a twenty-four (24) hour period.

“Advertising” means publication of, or causing to be published, any material relating to disposition of interest in a land development, which has been prepared for public distribution by any means of communication.

“Affected governmental body” means a city, county, state or federal agency or special district, which either has jurisdiction or is of such proximity to the land partition that a reasonable likelihood of annexation exists.

“Affected person” means any person adversely affected or aggrieved by a decision relating to the partitioning or subdividing of land.

“Agent” means any person who represents or acts for any other person in disposing of any interest in a land development. Includes a real estate broker as defined in ORS 696.110 (12) but does not include an attorney at law whose representation of another person consists solely of rendering legal services.

“Aisle” means the traveled way by which vehicles enter and depart parking spaces.

“Alley” means a public or private street primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. An alley can also be defined as a public or private way use primarily for vehicular service access to the back or side of properties abutting a street.

“Applicant” means a developer submitting an application for development.

“Arterial” means a restricted access street of substantial continuity, which is primarily a traffic artery for interconnection among large areas, and so designated by the county.

“Berm” means a mound of soil, either natural or manmade, used to obstruct views.

“Bicycle-compatible roadway” means a road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

“Bicycle lane” means a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

“Bicycle path” means a pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.

“Bicycle route” means a right-of-way for bicycle traffic.

“Block” means an area of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, lines or shorelines or waterways, or corporate boundary lines of a city.

“Buffer” means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.

“Building” means a structure which is designated and suitable for the habitation or shelter of human beings or animals or the shelter or storage of property or for the use and occupation for some purpose of trade or manufacture.

“Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected. If no line is shown on the plat, the building line shall be that set forth in the county zoning ordinance as yard requirement distances.

“Cartway” means the actual road surface area from curb line to curb line, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved or hard surface width.

“Cluster development” means a development approach in which building lots may be reduced in size and building sited closer together, usually in groups or clusters, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations. The additional land that remains undeveloped is then preserved as open space and recreational land.

“Collector” means a restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterials and local streets, and so designated by the county.

“Common open space” means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structure and improvements.

“Comprehensive” means all-inclusive both in terms of the geographic area covered by the plan and functional and natural activities and systems occurring in the area covered by the plan. The plan is an expression of public policy in the form of goals, objectives and policy statements, maps, standards and guidelines, and is the basis for this title and other rules, regulations, and ordinances, which are intended to implement the policies, expressed through the plan.

Comprehensive Plan. As adopted by Jefferson County pursuant to ORS Chapter 197 and 215, and including the coordinated land use maps, functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational systems, recreational facilities and natural resources and air and water quality management.

“Concept plan” means a preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for purpose of discussion and classification.

“Condominium” means a type of residential development utilizing zero lot lines, individual ownership of units and common ownership of open space and other facilities, and which are regulated in part by the state law (ORS Chapter 100).

“Construction plans” means the plans, profiles, cross-sections and drawings or reproductions thereof, approved by a registered professional engineer, which show the details of the work to be done on improvements.

“Contiguous” means that which touches or connects, including that which only connects or touches a common point; the touching together of two or more tracts of land which lay alongside one another or which touch or connect with one another for any length or distance whatsoever, no matter how finite.

“Contiguous land” means units of land under the same ownership which abut, irrespective of roadways, easement or right-of-ways.

“Cross-section” means a profile of the ground surface perpendicular to the centerline of a street, stream or valley bottom.

“Cul-de-sac” means a short street having one end open to traffic and terminated by a vehicle turnaround.

“Culvert” means a structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.

“Curb lines” means the line dividing the roadway from the plating strip or footway, meaning the inside (street side) of the curb,

“Dead end street” means a minor street with only one outlet.

“Density” means the permitted number of dwelling units per gross acre of land to be developed.

“Design flood” means the relative size or magnitude of a major flood of reasonable expectancy, which reflects both, flood experience and flood potential and is the basis for delineating of the floodway, the flood hazard area, and water surface elevations.

“Design standards” means standards that set forth specific improvement standards.

“Developer” means the legal or beneficial owner or owners of a lot or any land included in a proposed development. The holder of an option or contract to purchase, or any other person having enforceable interest in such land, as well as any person, corporation, partnership or other legal entity who creates or proposes to create a land development; includes any agent of a developer.

“Disposition” includes sale, lease for more than one year, option assignment, award by letter or as a prize, or any offer or solicitation of an offer to do any of the foregoing concerning a land development or any part of a land development.

“Drainage easement” means an easement required for drainage ditches, or required along a natural stream for the flow of water therein, and to safeguard the public against flood damage or the accumulation of surface water.

“Easement” means a grant of the right to use a parcel of land for specific purposes, but in which ownership of the land is not transferred.

“Final plat” means the final map of all or a portion of a subdivision or partition, which is presented for approval.

“Fire break” means a break in the ground cover fuels as specified by the fire protection agency involved.

“Flood” means an overflow of water onto lands not normally covered by water.

“Flood hazard area” means the relatively flat area of lowlands adjoining the channel of a river, stream, watercourse, land or reservoir.

“Floor area” means area of all floors of buildings or structures.

“Frontage” means that portion of a parcel of property, which abut a public street or highway or an approved private way (except an alley).

“Frontage road” means a minor street parallel and adjacent to a minor arterial providing access to abutting properties, but protected from and protecting through traffic.

“General development plan” means a plan outlining general rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. It allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

“Grade” means the slope of a street, or other public way, specified in percentage terms.

“Half street” means a portion of the width of a street sufficient for a safe service temporarily (as approved by the county public works director), usually along the edge of a subdivision, when the remaining portion of the street is likely to be included in another subdivision.

“Hearings body” means the subdivision committee, hearings officer, or governing body.

Hearing, Initial. An “initial hearing” is a quasi-judicial hearing authorized and conducted by the hearings body to determine if a change or land subdivision shall be granted or denied except those subject to administration review.

“Hearings officer” means a planning and zoning hearings officer appointed or designated by the board of commissioners or in the absence of such appointed hearings officer, the planning commission.

“Impervious surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

“Improvements” include but are not limited to, streets, alleys, curbs, roadbed, road surface, storm drains, and appurtenances, sidewalks, street lights, street signs, fire hydrants, sanitary sewers and appurtenances, public water supply and water distribution systems and other utilities.

“Interest” includes a lot or parcel, share, undivided interest or membership which includes the right to occupy the land overnight, and a lessee’s interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period more than three years. Interest does not include any interest in a condominium as defined in ORS Chapter 100 or any security interest and does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.

“Land development” means the subdividing or partitioning of land for any purpose into parcels or the creation of units or parcels for the purpose of sale or lease for a term of one year or more. Includes intent to dispose of any land, whether contiguous or not, including any land divided into lots, parcels, units or interests offered as a part of a common promotional plan of advertising by a single developer or a group of developers acting in concert. If the land is contiguous or is known, designated or advertised as a common unit or by a common name the land shall be presumed, without regard to the number of lots covered by each individual offering, to be offered for disposition as part of common promotional plan.

“Local street” means a street intended primarily for access to abutting properties.

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

“Lot area” means the computed area contained within the lot lines, said area to be exclusive of streets, alleys or right-of-ways.

Lot, Corner. “Corner lot” means a lot abutting upon two or more streets other than alleys, at their intersection, or upon two parts of the same street where such streets or parts of same street form an interior angle of less than one hundred thirty-five (135) degrees within the lot line.

“Lot line” means any line bounding a lot as herein defined.

Lot Line, Front. “Front lot line” means the property line abutting a street.

Lot Line, Rear. “Rear lot line” means a lot line, which is opposite, the front lot line. In the case of an irregular or triangular-shaped lot, a lot line ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line.

Lot Line, Side. “Side lot line” means any lot line not a front lot line or a rear lot line.

Lot, Through. “Through lot” means an interior lot having a frontage on two streets and/or highways, not including an alley.

“Lot width” means the horizontal distance between the side lot lines measured with the lot boundaries or the average distance between side lot lines within the buildable area. In the case of a corner lot, “lot width” shall mean the mean horizontal distance between the longest front lot line and the opposite lot line and the opposite lot line not abutting the street.

“Main” in any system of continuous piping, means the principal artery of the system to which branches may be connected.

“Major site plan” means any site plan not classified as a minor site plan.

“Manning equation” means a method for calculating the hydraulic capacity of a conduit to convey water.

“Master plan” means a comprehensive long-range plan intended to guide the growth and development of a community or region. Includes analysis, recommendations and proposals for the community’s population, economy, housing, transportation, community, facilities, and land use.

“Median” means that portion of a divided highway separating lanes of traffic proceeding in opposite directions.

“Minor site plan” means a development plan for less than one thousand (1,000) square feet of floor area and less than two thousand (2,000) square feet of impervious surface, provided that such site plan does not involve planned development.

“Monument” means a permanent and fixed survey marker conforming to the requirements established by state law and the regulations of Jefferson County.

“MUTCD” means Manual of Uniform Traffic Control Devices, Federal Highway Administration.

“Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including, but not limited to, advertising, solicitation and promotion of the sale of such land.

“Offer” includes every inducement, solicitation or encouragement of a person to acquire a lot, unit, parcel or interest in land.

“Off-site” means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or on a contiguous portion of a street or right-of-way.

“Off-street parking space” means a parking space provided in a parking lot, parking structure, or private driveway.

“Off-tract” means not located on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.

“On-site” means located on the lot in question.

“On-street parking space” means a parking space that is located on a dedicated street right-of-way.

“On-tract” means located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.

“Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.

“Owner” means the owner of the title to real property or the authorized agent thereof having written notarized authorization recorded with the county clerk, or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or county clerk’s records. Does not include an interest created for security purposes.

“Parcel” means a unit of land created by a partitioning of land.

“Parking lane” means a lane usually located on the sides of streets, designed to provide on-street parking for vehicular traffic.

“Parking space” means an area provided for the parking of a motor vehicle.

“Partition” means either an act of partitioning land or an area or tract of land partitioned.

“Partition land” means to divide land into two or three parcels of land within a calendar year, but does not include divisions of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; an adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where one existing unit of land reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance.

“Partition land” does not include the sale of a lot in a recorded subdivision even though a single owner may have acquired the lot prior to the sale with other contiguous lots or property.

“Partition land” does not include a sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes provided that such road or right-of-way complies with the applicable comprehensive plan and ORS 215.283(2)(p) to (r). However, any property divided by the sale or grant of property for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit land until such time as the property is further subdivided or partitioned.

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

“Person” means an individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, whether he, she or it is acting for himself, herself, itself, or as the servant, employee agent, or representative of another.

“Planned unit development” means a complex of residential, commercial and/or industrial structures designed and developed as a single development unit, built by a single owner or group of owners and maintained by an association. The phrase “planned unit development” may be abbreviated “PUD.”

“Plat” means a final map, diagram, drawing replat or other writing containing all descriptions, specifications, locations, dedications, all provisions and information concerning a subdivision, plat, replat or partitioning plat.

“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.

“Replat” means the act of platting the lots, parcels, and easement 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.

“Reserve strip” means a strip of land usually one foot in width, reserved across the end of a street or alley terminating at the boundary of a subdivision, or a strip of land between a dedicated street of less than full width and adjacent acreage, in either case reserved or held for future street extension or widening.

“Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

“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, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

“Roadway” means that portion of a street developed for vehicular traffic.

“Sale” or “lease” means every disposition or transfer of land in a subdivision or an interest or estate therein, sold or leased by a subdivider or developer or their agents. Includes the offering of land as a prize or gift when the subdivider, developer or their agents require a monetary charge or consideration for whatever purpose.

“Sidewalk” means a pedestrian walkway with permanent surfacing.

“Solar access” means protection from shade for a specific area during specified hours and dates.

“Solar height restriction” means the allowable height of buildings, structures and vegetation on a property burdened by the solar access of another property.

“Stubbed street” means a street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.

“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.

“Subdivider” means any person who causes land to be subdivided into a subdivision for himself or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivisions.

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

“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions of this title and subject to review and modification.

“Tentative plan” means a map setting forth the proposed plan of a subdivision in conformance with the provision of this title and subject to review and modification.

“Use” means the purpose for which land or a structure is designated, arranged or intended, or for which it is occupied or maintained.

“Utilities” include electric, telephone, natural gas and other services providing for energy or communication needs.

“Water supply” means an Oregon State Health Division approved domestic water system, unless the subdivision will serve less than four services.

“Zero lot line” means the location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line.

“Zero lot line subdivision” means a type of residential subdivision utilizing zero lot lines between dwelling units and providing for individual ownership of each lot. (Ord. O-160-2000 Exh. A § 1.10, 2000)