Chapter 16.49
DEFINITIONS Revised 3/19

Sections:

16.49.001    Definitions generally.

16.49.004    Abut.

16.49.006    Accessory.

16.49.007    Accessory dwelling unit. Revised 3/19

16.49.008    Adjacent.

16.49.010    Adjoin.

16.49.012    Administrative action.

16.49.014    Administrator, zoning.

16.49.016    Alley.

16.49.018    Appeal period.

16.49.020    Applicant.

16.49.022    Approved.

16.49.026    Berm.

16.49.028    Biomass facility.

16.49.030    Board.

16.49.032    Boarding.

16.49.034    Building.

16.49.036    Building official.

16.49.038    Campground.

16.49.040    Carport.

16.49.042    Cemetery.

16.49.044    Child care facility.

16.49.046    Repealed.

16.49.048    Child care home.

16.49.050    Child foster home.

16.49.052    Classification, zoning.

16.49.054    Condominium.

16.49.056    Commission.

16.49.058    Comprehensive Plan.

16.49.060    Conditional use.

16.49.062    Conditional zone change.

16.49.064    Corner lot.

16.49.066    Contiguous.

16.49.068    Decision.

16.49.070    Designated arterial or collector street.

16.49.072    Develop.

16.49.074    Development.

16.49.076    Development standards.

16.49.078    Dormitory.

16.49.080    Duplex.

16.49.082    Driveway strip.

16.49.084    Drop station.

16.49.086    Dwelling.

16.49.088    Dwelling unit.

16.49.090    Dwelling, single-family.

16.49.092    Dwelling, two-family.

16.49.094    Dwelling, multiple-family.

16.49.096    Excavated and backfilled.

16.49.100    Family.

16.49.102    Farm use.

16.49.104    Fence.

16.49.105    Flag lot.

16.49.106    Floor area.

16.49.108    Frontage.

16.49.110    Front lot line.

16.49.112    Garage.

16.49.114    Garage operations.

16.49.116    Garage, private.

16.49.118    Garage, public.

16.49.120    Grade.

16.49.122    Grade, finished.

16.49.124    Grade, natural.

16.49.126    Guest.

16.49.128    Guest facility.

16.49.130    Hearings action.

16.49.132    Hearings officer.

16.49.134    Height of building.

16.49.136    Heliport.

16.49.138    Home occupation, limited.

16.49.139    Home occupation, conditional.

16.49.140    Kennel.

16.49.142    Land use action.

16.49.144    Landscaped.

16.49.146    Legislative action.

16.49.148    Loading space.

16.49.150    Lodging room.

16.49.152    Lot.

16.49.154    Lot area.

16.49.156    Lot area, net.

16.49.157    Lot, buildable portion.

16.49.158    Lot depth.

16.49.160    Lot, interior.

16.49.161    Lot line.

16.49.162    Lot line, front.

16.49.163    Lot line, rear.

16.49.164    Lot line, side.

16.49.165    Lot width.

16.49.166    Medical marijuana dispensary.

16.49.167    Medical marijuana processor.

16.49.168    Medical marijuana producer.

16.49.171    Mobile food vendor. Revised 3/19

16.49.172    Mobile home.

16.49.174    Mobile home park.

16.49.176    Noise impact area.

16.49.178    Nonconforming structure.

16.49.180    Nonconforming use.

16.49.182    Notification area.

16.49.184    Notification list.

16.49.186    Nursing care facility.

16.49.188    Official zoning map.

16.49.190    Original jurisdiction.

16.49.192    Owner.

16.49.194    Parcel.

16.49.196    Parking.

16.49.198    Parking area.

16.49.200    Parking space.

16.49.202    Pet.

16.49.204    Permit.

16.49.206    Permitted use.

16.49.208    Planned development.

16.49.210    Primary building, structure or use.

16.49.212    Public utilities.

16.49.214    Rear lot line.

16.49.216    Recreational vehicle.

16.49.218    Recreational vehicle park.

16.49.220    Recreational vehicle space.

16.49.222    Recycling depot.

16.49.223    Religious organization.

16.49.224    Repair.

16.49.226    Residential facility.

16.49.228    Residential home.

16.49.230    Roadway.

16.49.232    Rooming and boarding house.

16.49.234    Rooming.

16.49.236    Scrap and waste materials establishment.

16.49.238    Secondary use.

16.49.239    Semi-public.

16.49.240    Side lot line.

16.49.242    Solid waste transfer station.

16.49.244    Specific conditional use.

16.49.246    Standard Industrial Classification Manual (SIC).

16.49.248    Street.

16.49.250    Structural alteration.

16.49.252    Structure.

16.49.254    Subject property.

16.49.258    Temporary use.

16.49.260    Transmission facility.

16.49.262    Transmission tower.

16.49.264    Two-family dwelling.

16.49.266    Turnaround area.

16.49.268    International Building Code (IBC).

16.49.270    Urban growth boundary (UGB).

16.49.272    Use.

16.49.274    Utility.

16.49.276    Vehicle.

16.49.278    Wrecking yard.

16.49.280    Yard.

16.49.282    Yard, front.

16.49.284    Yard, interior.

16.49.286    Yard, rear.

16.49.288    Yard, side.

16.49.290    Zero side yard dwelling unit.

16.49.001 Definitions generally.

A. The meanings given terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control.

B. Where a term used in this title is already defined in another county ordinance, the term is not redefined herein unless it has a different meaning in this title, or is so frequently used herein that the same definition is reproduced in this chapter for the reader’s convenience. If a term elsewhere defined in a county ordinance is not defined herein, it is intended that such terms have the same meaning in this title as the definitions elsewhere adopted unless the context otherwise clearly requires.

C. Terms not defined in this title shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged (Ed. 2002), shall be considered a standard reference to ordinary accepted meanings.

D. For the purpose of this title, words used in the present tense include the future, the singular number includes the plural, the word “shall” is mandatory and not directory, and the word “building” includes structure.

E. Terms defined in other chapters of this title apply only within the chapter where the term is defined. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.001.]

16.49.004 Abut.

See “Contiguous” (MCC 16.49.066). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.004.]

16.49.006 Accessory.

“Accessory” means a building, structure, vehicle, or use which is incidental and subordinate to and dependent upon the primary use on the lot. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.006.]

16.49.007 Accessory dwelling unit. Revised 3/19

“Accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling as permitted in Chapter 16.25 MCC and meeting the standards for development in Chapter 16.26 MCC. [Ord. 1397 § 4 (Exh. B), 2019.]

16.49.008 Adjacent.

“Adjacent” means near or close, but not necessarily abutting or contiguous with. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.008.]

16.49.010 Adjoin.

See “Contiguous” (MCC 16.49.066). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.010.]

16.49.012 Administrative action.

“Administrative action” means a determination or an interpretation made by the zoning administrator in the administration of this title. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.012.]

16.49.014 Administrator, zoning.

“Administrator, zoning” means the person designated by the Marion County board of commissioners to administer this title, or the administrator’s designee. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.014.]

16.49.016 Alley.

“Alley” means a public right-of-way not more than 25 feet and not less than 10 feet in width, providing a secondary means of vehicular access. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.016.]

16.49.018 Appeal period.

“Appeal period” means the number of days specified for the particular type of land use action for filing an appeal. The appeal period begins the day the notice of decision is mailed and ends at the close of business on the last day of the period. Business days, holidays and weekends are included. If the appeal period would otherwise end on a Saturday, Sunday or a holiday when county offices are closed, the appeal period ends at the close of business on the first following business day. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.018.]

16.49.020 Applicant.

“Applicant” means any property owner, buyer, lessee or an agent for the owner, buyer or lessee who makes application to the zoning administrator for approval of an administrative action or hearings action as provided in Chapters 16.35 through 16.43 MCC. For an agent to be the applicant, appropriate written evidence must be provided that the agent is authorized to sign the application on behalf of the owner, lessee or buyer. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.020.]

16.49.022 Approved.

“Approved” means approved by the zoning administrator, hearings officer, planning commission or board having jurisdiction to grant such approval. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.022.]

16.49.026 Berm.

“Berm” means a linear mound of soil. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.026.]

16.49.028 Biomass facility.

“Biomass facility” means an electricity generating facility that burns wood, agricultural products, and other plant or animal waste as fuels to produce steam which is converted to electricity, or a gasification, methane fermentation, or alcohol fuel production facility. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.028.]

16.49.030 Board.

“Board” means the Marion County board of commissioners. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.030.]

16.49.032 Boarding.

“Boarding” means providing meals and lodging for pay or compensation of any kind to persons other than members of the family occupying the dwelling. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.032.]

16.49.034 Building.

“Building” means a structure used or intended for supporting or sheltering any use or occupancy exclusive of mobile homes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.034.]

16.49.036 Building official.

“Building official” means the building official for Marion County duly appointed by the board pursuant to the International Building Code. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.036.]

16.49.038 Campground.

“Campground” means a premises under one ownership where designated sites are provided for persons to cook and sleep temporarily outdoors or in portable shelters other than mobile homes where not more than 20 percent of the designated sites are occupied by recreational vehicles at any time. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.038.]

16.49.040 Carport.

“Carport” means a permanent structure which is not enclosed on two or more sides, and which is used or intended for the parking of motor vehicles. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.040.]

16.49.042 Cemetery.

“Cemetery” means land used or intended to be used for the burial of the dead, including pets, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, then operated in conjunction with and within the boundary of such cemetery. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.042.]

16.49.044 Child care facility.

“Child care facility” means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before and after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation. It includes the physical setting, equipment, staff, provider, program, and care of children. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.044.]

16.49.046 Child day care center.

Repealed by Ord. 1301. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.046.]

16.49.048 Child care home.

“Child care home” means:

A. A child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 12 children at any one time; or

B. A group child care home as used in OAR Chapter 657A. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.048.]

16.49.050 Child foster home.

“Child foster home” refers to a home certified by State Department of Human Services that is maintained and lived in by the person named on the foster home certification. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.050.]

16.49.052 Classification, zoning.

See MCC 16.01.010. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.052.]

16.49.054 Condominium.

“Condominium” means a building or group of buildings, broken into separate units with each unit being separately owned, while the parcel on which the building(s) is located is held in a single ownership. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.054.]

16.49.056 Commission.

“Commission” means the Marion County planning commission or the Marion County hearings officer. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.056.]

16.49.058 Comprehensive Plan.

“Comprehensive Plan” means the officially adopted generalized, coordinated land use map and policy statement of the board that interrelates all functional and natural systems and activities relating to the use of land. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.058.]

16.49.060 Conditional use.

“Conditional use” means any use which is permitted in a particular zone only after review and approval as a conditional use and includes, where not excepted, conditional uses established under previous zoning ordinances. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.060.]

16.49.062 Conditional zone change.

“Conditional zone change” means a land use action under MCC 16.39.060. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.062.]

16.49.064 Corner lot.

“Corner lot” means a lot having two or more intersecting lot lines, which are also street or roadway right-of-way lines, in which the interior angle formed by the extensions of the street or roadway lot lines in the direction which they take at their intersection with the side or rear lot lines forms an angle of 135 degrees or less. In the event the street or roadway lot line is a curve at the point of intersection with a side or rear lot line, the tangent to the curve at that point shall be considered the direction of the lot line. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.064.]

16.49.066 Contiguous.

“Contiguous” means touching along a boundary at more than one point. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.066.]

16.49.068 Decision.

“Decision” means the written order or ordinance by which the zoning administrator, hearings officer, planning commission or board makes its disposition of a land use action. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.068.]

16.49.070 Designated arterial or collector street.

“Designated arterial or collector street” means a street designated as an arterial or collector or equivalent designation in the Comprehensive Plan or as defined by the Marion County department of public works. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.070.]

16.49.072 Develop.

“Develop” means:

A. To construct or structurally alter a structure.

B. To make alterations or improvements to land for the purpose of enhancing its economic value or productivity. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.072.]

16.49.074 Development.

“Development” means the act, process or result of developing. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.074.]

16.49.076 Development standards.

“Development standards” means any standard or condition imposed in the applicable zone and in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC and any conditions imposed as a condition of application approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.076.]

16.49.078 Dormitory.

“Dormitory” means a building with one or more lodging rooms where each room is intended to be occupied by more than two employees or lodgers. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.078.]

16.49.080 Duplex.

“Duplex” means a dwelling on a single lot containing two independent dwelling units. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.080.]

16.49.082 Driveway strip.

“Driveway strip” means a strip of land used for vehicular access not more than 60 feet wide which is part of a lot and connects the portion of the lot wider than 60 feet with a roadway easement or street. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.082.]

16.49.084 Drop station.

“Drop station” means vehicles or structures of less than 400 square feet maintained on a lot solely to provide shelter for no more than three types of source-separated recyclable material (such as paper, tin cans, plastics and bottles) deposited by members of the public and collected at regular intervals for further transfer or processing elsewhere. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.084.]

16.49.086 Dwelling.

“Dwelling” means any portion of a building or mobile home which contains one or more dwelling units intended, or designed to be occupied, or which are occupied for living purposes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.086.]

16.49.088 Dwelling unit.

“Dwelling unit” means an independent area in a building or mobile home including permanent provisions for living, sleeping, eating, cooking and sanitation occupied by and serving:

A. A single family; or

B. A single family and rooming or boarding of up to two domestic employees or other persons; or

C. A single family and residents of a residential home as defined in MCC 16.49.228. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.088.]

16.49.090 Dwelling, single-family.

“Dwelling, single-family” means a detached building on a lot, or portion of a building on a separate lot, containing only one dwelling unit, exclusive of a mobile home. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.090.]

16.49.092 Dwelling, two-family.

See “Duplex” (MCC 16.49.080). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.092.]

16.49.094 Dwelling, multiple-family.

“Dwelling, multiple-family” means a building or portion thereof containing three or more dwelling units. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.094.]

16.49.096 Excavated and backfilled.

“Excavated and backfilled” means that the manufactured dwelling shall be placed in such a fashion that the bottom of the floor joist shall not be more than 12 inches above grade. Grade shall have the same meaning as “Grade, finished.” [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord § 49.096.]

16.49.100 Family.

“Family” means one or two adults and children related by blood or legal guardianship to one or both of the adults living together in a dwelling unit; or one to five persons any of whom are not related by blood, marriage, or legal guardianships, living together in a dwelling unit; one or more persons any of which are not related by blood, marriage, legal guardianship and who qualify as handicapped under the Federal Fair Housing Act (42 USC SS3602(H)); or residents of a residential home as defined in MCC 16.49.228. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.100.]

16.49.102 Farm use.

“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 the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any 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 or 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 section. 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 ORS 215.203(3) or land described in ORS 321.267(1)(e) or 321.415(5). In the UT zone, “farm use” means current employment of land for the primary purpose of obtaining a profit in money from farm use as defined in ORS 215.203(2). Preparation of products or by-products includes but is not limited to the cleaning, treatment, sorting, or packaging of the products or by-products. “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 or on other farm land, provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from the farm use of the land. Farm use does not include a medical marijuana processor* or medical marijuana producer*. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.102.]

16.49.104 Fence.

“Fence” means an unroofed structure used as an enclosure, barrier, or restriction to light, sight, air or passage. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.104.]

16.49.105 Flag lot.

“Flag lot” means a lot, the major portion of which has access to a street by means of a narrow strip of land not less than 20 feet in width. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord § 49.105.]

16.49.106 Floor area.

“Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of unroofed areas. The floor area of a structure or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.106.]

16.49.108 Frontage.

“Frontage” means that portion of a lot which abuts a street, whether or not access to the property is accorded thereby, and whether or not a building or structure faces the street frontage. In context, coupled with the term “alley” or “roadway,” “frontage” has the same meaning with respect to an abutting alley or roadway. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.108.]

16.49.110 Front lot line.

See “Lot line, front” (MCC 16.49.164). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.110.]

16.49.112 Garage.

“Garage” means a building or portion thereof designed and constructed for or used for the storage, parking or keeping of a motor vehicle. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.112.]

16.49.114 Garage operations.

“Garage operations” means the parking or storage of motor vehicles for hire, other than exclusively the motor vehicles used by the occupants of a particular building. Included in SIC 7521. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.114.]

16.49.116 Garage, private.

“Garage, private” means a garage designed for or restricted in use to motor vehicles used by the occupants of a particular building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.116.]

16.49.118 Garage, public.

“Garage, public” means any garage other than a private garage open to use by members of the public, SIC 7521. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.118.]

16.49.120 Grade.

“Grade” means the lowest point of elevation of the ground or paved surface, excluding stairwells and airwells, at the point of contact with a building’s foundation, a property line, or a street, depending upon the context. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.120.]

16.49.122 Grade, finished.

“Grade, finished” means final grade upon completion of excavation, fill and paving. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.122.]

16.49.124 Grade, natural.

“Grade, natural” means grade with the land in an undisturbed state. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.124.]

16.49.126 Guest.

“Guest” means any person occupying a room or lodging room for living or sleeping purposes on a temporary and gratuitous basis. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.126.]

16.49.128 Guest facility.

“Guest facility” means an accessory building maintained for the purpose of providing temporary and gratuitous living accommodations, but dependent upon the main dwelling for cooking or bathroom facilities or both. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.128.]

16.49.130 Hearings action.

“Hearings action” means those actions, other than administrative actions, taken by the zoning administrator, hearings officer or board on land use actions where opportunity for a hearing is provided by this title, including legislative actions. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.130.]

16.49.132 Hearings officer.

“Hearings officer” means the person(s) so designated by the board. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.132.]

16.49.134 Height of building.

“Height of building” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be whichever of the following yields a greater height of building:

A. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above grade.

B. An elevation 10 feet higher than the grade when the sidewalk or ground surface described in subsection (A) of this section is more than 10 feet above grade. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.134.]

16.49.136 Heliport.

“Heliport” means an area used or intended to be used for landing or take-off of helicopters or other VTOL aircraft capable of hovering and may include any or all of the area or buildings which are appropriate to accomplish these functions. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.136.]

16.49.138 Home occupation, limited.

“Home occupation, limited” means any business or professional activity engaged in the production of income by a resident of a dwelling or dwelling unit as a subordinate use of the building and its premises, and in conformance with the provisions of MCC 16.26.200. Such term does not include the lease or rental of a dwelling unit or the rooming or boarding of persons on the same premises, or a marijuana business licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.138.]

16.49.139 Home occupation, conditional.

“Home occupation, conditional” means any business or professional activity engaged in the production of income by a resident of a dwelling or dwelling unit, that employs no more than one person (“person” includes volunteer, nonresident employee, partner or other person), as a subordinate use of the building and its premises in conformance with MCC 16.32.400. Such term does not include the lease or rental of a dwelling unit or the rooming or boarding of persons on the same premises, or a marijuana business licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004. UZ Ord. § 49.139.]

16.49.140 Kennel.

“Kennel” means keeping of four or more dogs, or cats, or pets over the age of four months for the purpose of sale, lease, breeding, training, racing or boarding. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.140.]

16.49.142 Land use action.

“Land use action” means an amendment to the applicable city comprehensive plan or this title, or a decision on a zone change, partition, subdivision, property line adjustment, administrative review, adjustment, or conditional use permit, including appeals from any of the foregoing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.142.]

16.49.144 Landscaped.

“Landscaped” means primarily devoted to the planting and preservation of trees, shrubs, lawn and other organic ground cover, together with other natural or artificial supplements such as watercourses, ponds, fountains, decorative lighting, benches, arbors, gazebos, bridges, rock or stone arrangements, pathways, sculpture, trellises, and screens. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.144.]

16.49.146 Legislative action.

“Legislative action” means a land use action involving amendments to the applicable comprehensive plan, the text of this title, or an amendment to the zoning map involving six or more lots in separate ownership. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.146.]

16.49.148 Loading space.

“Loading space” means on off-street space or bay on the same lot or parcel with a building or development for the parking of a vehicle while loading or unloading passengers or cargo. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.148.]

16.49.150 Lodging room.

“Lodging room” means any room or rooms used or intended to be occupied by one or two lodgers or guests primarily for sleeping purposes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.150.]

16.49.152 Lot.

“Lot” means a unit of land created by a subdivision or partitioning as defined in ORS 92.010 in compliance with all applicable zoning, subdivision and partitioning ordinances; or created by deed or land sales contract if there were no applicable zoning, subdivision or partitioning ordinances, exclusive of units of land created solely to establish a separate tax account. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.152.]

16.49.154 Lot area.

“Lot area” means the area in square feet or acres (43,560 square feet equals one acre) of a horizontal plane bounded by the vertical extensions of the lot lines. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.154.]

16.49.156 Lot area, net.

“Lot area, net” means the lot area minus any area within a street right-of-way, roadway easement, or driveway strip. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.156.]

16.49.157 Lot, buildable portion.

“Lot, buildable portion” means the area of a lot where a usable primary structure can be placed meeting all setback requirements. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 49.157.]

16.49.158 Lot depth.

“Lot depth” means the horizontal distance between the front and rear lot lines measured in the buildable portion of the lot. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.158.]

16.49.160 Lot, interior.

“Lot, interior” means any lot other than a corner lot. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.160.]

16.49.161 Lot line.

“Lot line” means one of the property lines forming the exterior boundaries of a lot, and includes a dwelling unit ownership line where the underlying real property is included in the unit. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.162. Formerly 16.49.162.]

16.49.162 Lot line, front.

“Lot line, front” means:

A. In the case of an interior lot having only one street or roadway easement frontage, the lot line separating the lot from the street right-of-way or the nearest right-of-way line of a roadway easement.

B. In the case of any lot not covered by subsection (A) of this section, the lot line which the architecturally designed front of the building faces or the lot line designated by the zoning administrator on an approved site plan. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.164. Formerly 16.49.164.]

16.49.163 Lot line, rear.

“Lot line, rear” means:

A. In the case of any lot having a rear lot line designated on a subdivision plat, the lot line so designated.

B. In the case of any other lot, the lot line opposite and most distant from the front lot line. In the case of a triangular-shaped lot, the rear lot line for setback purposes shall be a line connecting points 20 feet from the intersecting side lot lines. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.166. Formerly 16.49.166.]

16.49.164 Lot line, side.

“Lot line, side” means any lot line which is not a front or rear lot line. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.168. Formerly 16.49.168.]

16.49.165 Lot width.

“Lot width” means the horizontal distance between the side lot lines measured in the buildable portion of the lot. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.170. Formerly 16.49.170.]

16.49.166 Medical marijuana dispensary.

“Medical marijuana dispensary” means a facility that dispenses medical marijuana to qualifying individuals and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

16.49.167 Medical marijuana processor.

“Medical marijuana processor” means a person or facility that processes medical marijuana and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

16.49.168 Medical marijuana producer.

“Medical marijuana producer” means a person or facility that produces medical marijuana and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

16.49.171 Mobile food vendor. Revised 3/19

“Mobile food vendor” means a vehicle, trailer, wagon or temporary structure, as defined by the State Building Code, used for the preparation and/or sale of food and/or beverages. It does not include a street vendor’s cart or a peddler’s vehicle or conveyance. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1204 § 4, 2004. UZ Ord. § 49.171.]

16.49.172 Mobile home.

“Mobile home” means a structure constructed for movement on public highways that has sleeping, cooking, and plumbing facilities, is intended for use as a dwelling unit and is at least eight feet wide and at least 35 feet long. This definition includes manufactured dwelling, manufactured home, mobile home, and residential trailer as those terms are defined in ORS 446.003 provided they meet the width and length requirements. The definition does not include recreational vehicles as defined in MCC 16.49.216, or structures or vehicles which have a state of Oregon or U.S. Government label designating them as a recreational vehicle. It also does not include buildings or structures subject to the Structural Specialty Code adopted pursuant to ORS 455.100 through 455.450. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.172.]

16.49.174 Mobile home park.

“Mobile home park” means any lot where two or more occupied mobile homes not in conjunction with farm use are located, exclusive of mobile homes allowed under this title as temporary dwellings, and mobile homes without a functioning bathroom or kitchen. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.174.]

16.49.176 Noise impact area.

“Noise impact area” means the area within 500 feet of the boundaries of Highways 99 and 22, Interstate 5, the Woodburn Dragstrip, and within the NEF 30 or Ldn 65 contour line based on the projected use at the end of the airport master planning period around public airports, and any area identified as a noise impact area in the applicable city comprehensive plan. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.176.]

16.49.178 Nonconforming structure.

“Nonconforming structure” means any primary, secondary or accessory structure, including a mobile home on a foundation, which met all applicable development standards imposed by applicable zoning ordinance provisions when it was established, and which has been maintained in compliance with such standards; but which does not comply with the standards for such structures in this title, solely because of the adoption or amendment of this title. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.178.]

16.49.180 Nonconforming use.

“Nonconforming use” means a primary, secondary, accessory, permanent or temporary use, including a mobile home without a foundation, which met all applicable use standards imposed by applicable zoning ordinance provisions when it was established; and which has been maintained in compliance with such standards; but which does not comply with the standards for such structures in this title, solely because of the adoption or amendment of this title. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.180.]

16.49.182 Notification area.

“Notification area” means an area bounded by a line 100 feet from and parallel to the subject lot when the subject lot is wholly or in part within an urban growth boundary. As used in this section, “subject lot” includes not only the lot that is the subject of the proceeding for which notice is required, but also includes any contiguous lot in which any applicant or owner of the subject lot has either sole, joint, or common ownership. In the event that the application does not apply to the entire lot, the boundary of the notification area shall be measured from the lot line, not the boundary of the portion of the lot. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.182.]

16.49.184 Notification list.

“Notification list” means a written list of the names and addresses of all property owners within the notification area. The names and addresses shall be obtained from the most recent property tax assessment roll. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.184.]

16.49.186 Nursing care facility.

“Nursing care facility” means facilities providing residential care (SIC 836) and nursing and personal care facilities (SIC 805). It includes foster care homes, group care facilities or residential treatment, training or care facilities established, contracted for or operated by any division of the Department of Human Resources except the Corrections Division. It includes residential home and residential facility. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.186.]

16.49.188 Official zoning map.

“Official zoning map” means the map adopted in MCC 16.01.040, together with all amendments and additions thereto and authorized replacements. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.188.]

16.49.190 Original jurisdiction.

“Original jurisdiction” means the authority and responsibility for rendering the first decision in a land use proceeding. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.190.]

16.49.192 Owner.

“Owner” means any person having a legal or equitable interest in a lot other than a leasehold or an interest less than a leasehold. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.192.]

16.49.194 Parcel.

See “Lot” (MCC 16.49.152). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.194.]

16.49.196 Parking.

“Parking” means the temporary storage of a vehicle where the owner or person entitled to its use intends that its storage be for a time and in a place where it may be conveniently recovered ready for continued use as a means of transportation. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.196.]

16.49.198 Parking area.

“Parking area” means a private garage, a public garage or portion thereof whose use is restricted to the parking of motor vehicles, or an area of land with or without a cover which is devoted to the parking of motor vehicles. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.198.]

16.49.200 Parking space.

“Parking space” means a designated space in a parking area for the parking of one motor vehicle. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.200.]

16.49.202 Pet.

“Pet” means a domestic animal customarily kept, and cared for, by the occupants of a dwelling for personal pleasure, and which are not raised for food, fur, or monetary gain. Typically, dogs, cats, birds and other small mammals and reptiles, but not including fowl, herd animals, goats or horses. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.202.]

16.49.204 Permit.

“Permit” (noun) means any determination, conditional use, variance or adjustment granting permission to do an act or to engage in activity where such permission is required by this title. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.204.]

16.49.206 Permitted use.

“Permitted use” means those uses permitted in a zone that are allowed without obtaining a conditional use permit. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.206.]

16.49.208 Planned development.

“Planned development” means a subdivision of land, incorporating common open space, approved pursuant to MCC 16.26.800 with each dwelling or mobile home placed on its own lot. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.208.]

16.49.210 Primary building, structure or use.

“Primary building, structure or use” means a permanent or temporary building, structure, vehicle, or use which is not an accessory or secondary building, structure or use. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.210.]

16.49.212 Public utilities.

“Public utilities” means water, gas, sanitary sewer, storm sewer, electricity, telephone and wire communication service, and CATV (cable television) service lines, mains, pumping stations, reservoirs, poles, underground transmission facilities, substations, and related physical facilities which do not include buildings regularly occupied by employees, parking areas, or vehicle, equipment or material storage areas. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.212.]

16.49.214 Rear lot line.

See “Lot line, rear” (MCC 16.49.166). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.214.]

16.49.216 Recreational vehicle.

“Recreational vehicle” means a vehicle, with or without motive power, which is designed for human occupancy and to be used temporarily for recreational or emergency purposes, and has a gross floor space of less than 400 square feet. “Recreational vehicle” includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.216.]

16.49.218 Recreational vehicle park.

“Recreational vehicle park” means a lot upon which two or more recreational vehicle spaces are located, established, or maintained. Where two or more recreational vehicle spaces are provided within a campground the portion of the campground with the recreational vehicle spaces shall be considered a recreational vehicle park. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.218.]

16.49.220 Recreational vehicle space.

“Recreational vehicle space” means the portion of a lot where a recreational vehicle is parked and occupied or intended to be parked and occupied. A camping site within a campground that is equipped with electrical, water, or sewer hookups designed for use by recreational vehicles shall be considered a recreational vehicle space. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.220.]

16.49.222 Recycling depot.

“Recycling depot” means a lot or portion of a lot used for the collection, sorting, and temporary storage of nonputrescible waste and discarded materials which are reprocessed elsewhere into usable raw materials or taken elsewhere to be reused or recycled. The term does not include drop stations. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.222.]

16.49.223 Religious organization.

“Religious organization” means establishments operated by religious organizations for worship and religious training or study of its members and the administration of such establishments. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.223.]

16.49.224 Repair.

“Repair” means the restoration by replacing a part or putting together a worn, torn or broken part of an existing building or structure for the purpose of its maintenance. The word “repair” or “repairs” shall not include structural changes. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.224.]

16.49.226 Residential facility.

“Residential facility” means a dwelling where residential care alone or in conjunction with treatment or training or a combination thereof is provided by a family or nonresident staff for resident individuals who need not be related. The provider family or nonresident staff need not be related to each other or to any resident of the dwelling. It includes a facility meeting this definition licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825. It also means a child care facility with no limits on where employees reside. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.226.]

16.49.228 Residential home.

“Residential home” means a dwelling where the resident family provides residential care alone or in conjunction with treatment or training or a combination thereof for resident individuals who need not be related. Any home employees must reside in the dwelling unit. The provider family need not be related to those receiving residential care. It includes a home meeting this definition licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825. It also means a child care facility in a dwelling unit where any facility employees reside in the dwelling unit. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 882 § 4, 1990; Ord. 863 § 5, 1990. UZ Ord. § 49.228.]

16.49.230 Roadway.

“Roadway” means a right-of-way across private property granted by the property owner to owners of one or more lots and allowing vehicles access from a street or roadway to those lots. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.230.]

16.49.232 Rooming and boarding house.

“Rooming and boarding house” means a dwelling or portion thereof where rooming or boarding for three or more persons is provided. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.232.]

16.49.234 Rooming.

“Rooming” means providing lodging, without meals, for pay or compensation of any kind to persons other than members of the family occupying the dwelling. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.234.]

16.49.236 Scrap and waste materials establishment.

“Scrap and waste materials establishment” means any establishment or place of business that is maintained, operated or used for storing, keeping, buying or selling old or scrap copper; brass, rope, rags, batteries, paper, rubber, or debris; waste or junked, dismantled, wrecked, scrapped, or ruined motor vehicles or motor vehicle parts (except wrecking yards as defined in MCC 16.49.278), iron, steel, or other old scrap metal or nonmetal materials. “Scrap and waste materials establishment” does not include drop stations, solid waste transfer stations, or recycling depot. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.236.]

16.49.238 Secondary use.

“Secondary use” means a use located on a lot with one or more primary uses that occupies less than 40 percent of the lot and it is, or can be, maintained independent of the primary use (see MCC 16.25.200 for regulations). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.238.]

16.49.239 Semi-public.

“Semi-public” means any use that is partly but not completely public and is open to at least some persons outside the regular constituency of an entity or institution having some features of a public institution, such a nonprofit organization, as a public service. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.239.]

16.49.240 Side lot line.

See “Lot line, side” (MCC 16.49.168). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.240.]

16.49.242 Solid waste transfer station.

“Solid waste transfer station” means a fixed or mobile facility, used as an adjunct to collection vehicle(s), resource recovery facility, or disposal site between the collection of the waste/solid waste and disposal site, including, but not limited to, another vehicle, a concrete slab, pit, building, hopper, railroad gondola or barge. The term does not include a self-propelled compactor type solid waste collection vehicle into which scooters, pick-ups, small packers or other satellite collection vehicles dump collected solid waste for transport to a transfer, disposal, landfill or resource recovery site or facility. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.242.]

16.49.244 Specific conditional use.

“Specific conditional use” means any use which is permitted in a particular zoning district only after review and approval on the basis of specific criteria in Chapter 16.32 MCC. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.244.]

16.49.246 Standard Industrial Classification Manual (SIC).

“Standard Industrial Classification Manual (SIC)” means the document so entitled, referenced by MCC 16.35.220, published in 1987, and used in this title to identify land use classifications. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.246.]

16.49.248 Street.

“Street” means a public right-of-way more than 25 feet wide providing a primary means of access. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.248.]

16.49.250 Structural alteration.

“Structural alteration” means any alteration, addition, or removal of any structural member of a building, other than a minor alteration. As used in this subsection:

A. “Minor alteration” means the alteration, replacement, or repair of a structural member so as not to alter structural integrity or the manner in which structural integrity was achieved before the alteration, replacement, or repair.

B. “Structural integrity” means the capacity of the building and its component parts, other than nonbearing walls, fixtures, electrical systems, plumbing systems, mechanical systems, openings, and ornamental appendages, to withstand the forces, stresses, and loads which are contemplated in the International Building Code for the type of construction involved.

C. “Structural member” means any component part of a building which contributes to structural integrity. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.250.]

16.49.252 Structure.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner; any of which is an addition to or fixture on real property. The term does not include paving, operable vehicles, or mobile homes not placed on a foundation. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.252.]

16.49.254 Subject property.

“Subject property” means the lot that is the location of the proposed use or structure. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.254.]

16.49.258 Temporary use.

“Temporary use” means a primary, secondary, or accessory use that occurs on a lot for less than six months in any calendar year, or a lesser period as prescribed in MCC 16.25.300 or elsewhere in this title, but does not include a medical marijuana processor*, medical marijuana producer* or a medical marijuana dispensary. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.258.]

16.49.260 Transmission facility.

“Transmission facility” means high voltage (57 KV or more) power lines and related support structures used to convey electricity from a power generator facility to electric substations along a line or corridor. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.260.]

16.49.262 Transmission tower.

“Transmission tower” means a single structure and related unoccupied buildings transmitting or relaying electronic signals to the surrounding area or along a communication corridor including radio, television and telephone transmitters and microwave relay stations. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.262.]

16.49.264 Two-family dwelling.

See “Duplex” (MCC 16.49.080). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.264.]

16.49.266 Turnaround area.

“Turnaround area” means a paved area of a sufficient size and configuration that a motor vehicle having a turning radius of 30 feet or less may maneuver around to head in the opposite direction without having to move in reverse more than once. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.266.]

16.49.268 International Building Code (IBC).

“International Building Code (IBC)” means the code of building design and construction standards adopted by Marion County. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.268.]

16.49.270 Urban growth boundary (UGB).

“Urban growth boundary (UGB)” means the 20 years’ growth limit identified in a city comprehensive plan acknowledged under ORS 197. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.270.]

16.49.272 Use.

“Use” (noun) means an activity or beneficial purpose for which a building, structure, or land is designed, developed, or occupied. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.272.]

16.49.274 Utility.

See “Public utilities” (MCC 16.49.212). [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.274.]

16.49.276 Vehicle.

For the purposes of this title “vehicle” shall have the same meaning as the definition in the rules and regulations of the State Department of Motor Vehicles. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.276.]

16.49.278 Wrecking yard.

“Wrecking yard” means a lot or portion thereof used for the business of buying, selling or dealing in vehicles and parts thereof for the purpose of wrecking, dismantling, disassembling and offering for sale a used vehicle or components thereof, and is licensed under the laws of the state for that purpose. “Vehicles” includes all means of transportation that are registered with the Department of Motor Vehicles. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.278.]

16.49.280 Yard.

“Yard” means a space other than a court on the same lot with a building open from the ground upward except as otherwise provided herein. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.280.]

16.49.282 Yard, front.

“Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the foundation of the main building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.282.]

16.49.284 Yard, interior.

“Yard, interior” means a front, side or rear yard that is not adjacent to a street or roadway. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.284.]

16.49.286 Yard, rear.

“Yard, rear” means a yard extending across the full width of the lot between the most rear primary building and the rear lot line, but for determining the depth of the required rear yard, it shall be measured horizontally from the nearest point of the rear lot line. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.286.]

16.49.288 Yard, side.

“Yard, side” means a yard, between a primary building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard or the rear lot line if no rear yard is required; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of a primary building. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.288.]

16.49.290 Zero side yard dwelling unit.

“Zero side yard dwelling unit” means a dwelling unit located in a building constructed contiguous to an interior side lot line as provided in MCC 16.26.080. [Ord. 1204 § 4, 2004; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 49.290.]