1. Definitions. The definitions in Section 10.02.020 apply to all actions and interpretations under the City of Bay City Development Code Chapter. The meanings of some terms in this article 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.
2. When a Term is Not Defined. Terms not defined in this Chapter 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, shall be considered a standard reference.
3. Land Use Categories. Section 2.1 defines the land use categories used in Article 3.
4. Conflicting Definitions. Where a term listed in Section 10.02.020 is defined by another section of this Chapter or by other regulations or statutes referenced by this Chapter, the term is not redefined herein for purposes of that other code.

The following definitions are organized alphabetically:

"Access." The place, means, or way by which pedestrians or vehicles shall have safe, adequate, and usable ingress and egress to a property, use, or parking space.

"Accessory Dwelling Unit." An interior, attached, or detached residential structure that is using in connection with or that is accessory to, a single-family dwelling.

"Accessory Structure or Accessory Use." A structure or use incidental and subordinate to the main use of property and located on the same lot as the main use.

"Agriculture/Urban Farm/Hobby Farm." The tilling of the soil, the raising of crops, dairying or animal husbandry. Examples include farming, pasturing, dairying, community garden, nursery activities, horticulture, and similar activities. Processing, slaughtering, large scale poultry raising and similar high impact uses are not considered agriculture.

"Alley." A minor public right-of-way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

"Alter." A change, addition, or modification in construction or occupancy of a building or structure.

"Amendment." A change in the wording, context, or substance of Chapter 10, or a change in the zone boundaries or area district boundaries upon the zoning map or plan.

"Aquaculture." The controlled culture of any marine species for the purpose of commercial harvest.

"Automobile Service Station." A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles.

"Basement." That portion of a building between floor and ceiling which is partly below and partly above grade but is so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

"Bond." Cash or an instrument given to the City in which a surety agrees to pay for required improvements, as well as damage to existing City improvements, such as streets, water and sewer lines, in the event that the owner or contractor fails to complete all required improvements and repairs satisfactorily. All bonds shall be issued by a corporate surety qualified by law to issue surety insurance defined by ORS 731.186, or a letter of credit issued by an insured institution, as defined by ORS 706.008.

"Bridge Crossings." The portion of a bridge spanning a waterway not including support structures or fill located in the waterway or adjacent wetlands.

"Bridge Crossing Support Structures." Piers, piling, and similar structures necessary to support a bridge span, but not including fill for causeways or approaches.

"Buffer." A horizontal distance intended to provide attractive spaces or distance, to obstruct undesirable views, to serve as an acoustic barrier, to reduce the impact of development on adjacent property or natural features, to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions, or to maintain privacy.

"Building." A structure built and maintained for the support, shelter, or enclosure of persons, motor vehicles, animals, chattels, or personal or real property of any kind. The word "building" shall include the word "structure".

"Building Height." The vertical distance above grade, as defined, to the highest point of the structure of the building. Non-habitable projections, such as satellite receiving dishes with a diameter of twenty-four (24") inches or less, chimneys, elevator shaft housings and flagpoles, that satisfy all setback requirements are not subject to the building height limitations of the zoning ordinance.

"Building Line." A line that coincides with the front side of the main building.

"Building Official." The superintendent of the building department or his designate.

"Cellar." That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

"Child Care Center." A child care facility that is certified by the State of Oregon as a child care center.

"Child Care Facility." Any facility that provides child care to children, as provided for under ORS 329A.250.

"Child Care Home, Family." A home that is registered or certified by the State of Oregon to provide child care in the provider’s home to not more than 16 children, including children of the provider, regardless of full-time or part-time status. A family child care home is a residential use.

"City." The City of Bay City, Oregon.

"Commercial - Primary Retail or Service; Non-Water Related or Dependent." Examples include grocery store, meat market, variety store, antique shop, and similar uses which are normally found in a downtown area; uses which are compatible with the existing downtown commercial uses; motels and hotels.

"Commercial - Retail or Service with Large Land Needs; Non-Water Dependent or Related." Examples include automobile service station, car lot; drive-in restaurant; wholesale business with large land requirements, and similar activities which might be incompatible with primary retail uses.

"Common Open Space." Publicly or privately owned undeveloped open space intended for aesthetic, recreation, public safety, or other conservation purposes, to be used by the owners or residents of a particular development or the public in general.

"Comprehensive Plan." The adopted Comprehensive Plan of the City of Bay City, Oregon.

“Cottage.” An individual dwelling unit that is part of a cottage cluster.

"Cottage Cluster." A grouping of no fewer than four detached dwelling units per acre with a footprint of less than 900 square feet each, located on a single lot or parcel that include a common courtyard, .

"Cottage Industry." An industry of crafts, small scale services, and other activities which have little impact on the neighborhoods in terms of traffic generation, noise, appearance, operating hours, or other factors, where the creation of products and services is home-based, rather than factory-based. These products and services created by cottage industry are often unique and distinctive given the fact that they are usually not mass-produced. A cottage industry is a non-residential use carried out by a resident of a dwelling and no more than one employee, other than members of the household.

"Court." An open unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building.

"Density, Net." The amount of dwellings per net acre, based on the total area of the parcel, including vacated rights-of-way, and excluding separate or non-contiguous lands, previously designated common open space, and excluding rights-of-way or easements.

"Dock." A structure built over or floating upon the water, used as a launching place for marine transport or for recreational purposes.

"Dredge Disposal." The deposition of material removed during dredging operations.

"Dwelling, Multifamily." . A structure or structures with five or more dwelling units in any attached or detached configuration on one lot or parcel. Middle housing is not considered a multifamilyfamily.dwelling

"Dwelling, Single Family." A . single dwelling unit on one lot or parcel.

"Dwelling, Duplex." A structure containing two attached dwelling units on one lot or parcel, . A single family dwelling and an accessory dwelling unit are not considered a duplex.

"Dwelling, Triplex." A structure containing three attached dwelling units on one lot or parcel.

"Dwelling, Quadplex." A structure containing four attached dwelling units on one lot or parcel.

"Dwelling Unit." One or more rooms designed for residential occupancy and not having more than one cooking facility except facilities designed for camping purposes such as tents and recreation vehicles.

"Eating or Drinking Establishment." A restaurant, bar, café, or other business serving food and/or beverages on-site or to go.

"Eating or Drinking Establishment, drive-in." A restaurant, bar, café, or other business serving food and/or beverages on-site or to go. A drive-in establishment includes service to patrons who are parked and remain in their automobiles while being served and eating or drinking. A drive-in does not include a service window or stacking lanes.

"Estuarine Enhancement." An action which results in a long-term improvement of existing estuarine functional characteristics and processes that is not the result of a creation or restoration action.

"Fence." A protective or confining barrier constructed of wood or wire mesh. Fence does not include hedges or other plantings.

"Fence, Sight Obscuring." A fence consisting of wood, metal, masonry, or similar materials, arranged in such a way as to obscure vision at least 80 percent.

"Fill." The deposit of earth material placed by artificial means.

"Flag Lot." A lot with two distinct parts:

1. The flag, which is the only building site and is located behind another lot; and
2. The pole, which connects the flag to the street, provides the only street frontage for the lot, and at any point is less than the minimum lot width for the zone.

"Floor Area." The sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings, but not including:

1. attic space providing headroom of less than seven feet.
2. basement or cellar.
3. uncovered steps or fire escapes.
4. private garages, carports, or porches.
5. accessory water towers or cooling towers.
6. accessory off-street parking or loading spaces.

"Frontage." Property abutting on a street

"Garage or Carport." An non-habitable attached or accessory structure, designed primarily for storage of automobile(s) and other items.

"Goal." A general statement establishing a direction for City policies, ordinances or actions.

"Grade, Ground Level." The average of the existing ground level prior to construction at the center of all walls of a building. Where the walls are parallel to and within five feet of a public sidewalk, alley, or public way, the ground level shall be measured at the average elevation of the sidewalk, alley, or public way.

"Hazards." Threats to life, property, or the environment such as landsliding, flooding, subsidence, erosion, or fire.

"Health Care Facility.' See "Hospitals."

"Hobby Farm." See "Agriculture/Urban Farm/Hobby Farm."

"Home Occupation." A lawful occupation or profession carried on by a resident of a dwelling as an accessory use within the same dwelling, and no more than one employee excluding members of the household.

"Horticulture." The cultivation of plants, garden crops, trees, or nursery stock.

"Hospitals." Institutions devoted primarily to the rendering of healing, curing, and/or nursing care, which maintain and operate facilities for the diagnosis, treatment, and care of two or more nonrelated individuals suffering from illness, injury, or deformity or where obstetrical or other healing, curing, and/or nursing care is rendered over a period exceeding 24 hours. Examples include a hospital, extended and intermediate care facility, day surgery center, birthing center, outpatient renal dialysis center and skilled nursing facility. They do not include a professional office of physicians, dentists, or other licensed professional health care practitioners which are governed under Section 6.6.01 Primary Commercial Uses.

"Hotel (Motel, Motor Hotel, Tourist Court." A building or group of buildings used for transient residential purposes containing guest rooms which are designed to be used, or which are used, rented, or hired out for sleeping purposes. Not designed or used for full-time residential occupancy.

"Household." The person or people living in a dwelling.

"Industrial." Uses involving manufacturing, fabrication, processing, transshipment, storage and distribution.

"Institution, Higher Educational." A college or university accredited by the State of Oregon.

"Junk or Wrecking Yard." Any property where a person is engaged in breaking up, dismantling, sorting, storing, distributing, buying, or selling any scrap or waste material.

"Kennels." A lot or premises on which four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care for compensation. An adult dog is one that has reached the age of six months.

"Land Use." Any use of the land including, but not limited to, construction, subdivision, agriculture, recreation, public utilities placement, forest management, or natural uses.

"Light Industrial." Any industrial enterprise where activities and operations in no manner affect in a detrimental way any of the surrounding properties and where any adverse impacts are restricted to the subject property. Such uses shall not be adverse due to odor, particulate matter, smoke, noise, vibration, appearance or similar impacts. These uses include, but are not limited to light fabrication and assembly, and the manufacture of electronic components, jewelry, clothing, trimming decorations and any similar item, and a use which does not involve the generation outside the property of noise, odor, vibration, dust or hazard.

"Loading Space." An off-street space or berth on the same lot, or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which space or berth abuts upon a street, alley, or other appropriate means of ingress and egress.

"Lot." For purposes of this Chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1. a single lot of record.
2. a portion of a lot of record.
3. a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
4. a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirement of this Chapter.

"Lot Area." The total area of a lot measured in a horizontal plane within the lot boundary line exclusive of public streets.

"Lot Coverage." The portion of a lot or parcel of land which is covered with buildings, parking and maneuvering areas, patios, decks, covered or paved storage areas, or other impervious surfaces.

"Lot Depth." The property line bounding a lot.

"Lot Line, Front." For an interior lot, a line separating the lot from the street; and for a corner lot, a line separating either (but not both) frontage of the lot from the street.

"Lot Line, Rear." For an interior lot, a line separating one lot from another on the opposite side of the lot from the front lot line; for corner lots either (but not both) interior lot line separating one lot from another; and for an irregular or triangular shaped lot, a straight line 10 feet in length that is parallel to and at the maximum distance from the front lot line.

"Lot Line, Side." For interior lots, a line separating one lot from the abutting lot or lot fronting on the same street; for corner lots, a line other than the front lot line separating the lot from the street or a line separating the lot from the abutting lot along the same frontage.

"Lot Types."

1. "Corner Lot." Either a lot or development site, bounded entirely by streets, or a lot which adjoins the point of intersection of two or more streets and in which the interior angle formed by the extensions of the street lines in the direction which they take at their intersections with lot lines other than street lines, forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curve at that point shall be considered the direction of the street line.
2. "Reversed Corner Lot." Defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.
3. "Interior Lot." A lot or development site other than a corner lot with frontage only on one street.
4. "Through Lot." A lot or development site other than a corner lot with frontage on more than one street. Through lots with frontage on two streets may be referred to as "double-frontage lots".

"Lot of Record." A lot of record is a plot of land that meets one or more of the following criteria, pursuant to ORS 92.010 through 92.190:

1. The plot of land was lawfully created through a subdivision or partition plat recorded with Tillamook County.
2. The plot of land was created through a deed or land sales contract recorded with Tillamook County before the City or County, as applicable, adopted planning, zoning, subdivision or partition regulations.
3. The plot of land was created through a deed or land sales contract recorded with Tillamook County prior to January 1, 2007 and the subject plot of land would have complied with the applicable planning, zoning, subdivision, or partition regulations in effect at the time it was created.

"Lot Width." The horizontal distance between side lot lines measured at the building line.

"Manufactured Dwelling."

1. A residential trailer, a structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed before January 1, 1962.
2. A mobile house, a structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and 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. A manufactured home, a structure constructed for movement on the public highways, that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, is being used for residential purposes and was constructed in accordance with federal manufactured housing construction and safety standards regulation in effect at the time of construction. "Manufactured dwelling" does not mean any building or structure subject to the Structural Specialty code adopted pursuant to ORS 455.100 - 455.450.

"Manufactured or Prefabricated Dwelling Park." Any place where four or more manufactured dwellings or prefabricated 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 space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Manufactured or Prefabricated Dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one mobile home per lot if the subdivision was approved by the City of Bay City.

"Marijuana Production, Processing, Wholesale and Distribution." The production, processing, wholesale, and distribution of recreational and medicinal marijuana requires large areas, possibly with warehouses or greenhouses, with easy access to Highway 101 transportation. This activity requires permits/licensing from state agencies.

"Marijuana Retail Sales." Commercial retail businesses of recreational and medical marijuana have significant parking and transportation needs, generating frequent, short-term, traffic, which is not suitable for residential neighborhoods. There may also be prohibitions for location siting distances from schools and other uses. This activity requires permits/licensing from state agencies.

"Marina." A facility which provides boat launching, storage, supplies and services for small pleasure craft.

"Middle Housing." Includes the following types of housing:

1. Duplexes;
2. Triplexes;
3. Quadplexes;
4. Cottage clusters; and
5. Townhouses

"Middle housing land division." A partition or subdivision of a lot or parcel on which the development of middle housing is allowed.

"Minor Navigation Improvement." Alteration necessary to provide water access to existing or permitted uses in conservation management units including dredging for access channels and for maintaining existing navigation, but excluding fill and in-water navigational structures other than floating breakwaters or similar permeable barriers.

"Mitigation." The creation, restoration, or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity unique features and water quality (ORS 196.830).

"Motel." See "Hotel."

"Nonconforming Structure or Use." A lawful existing structure or use, at the time this Chapter or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

"Open Areas." The area devoted to lawns, setbacks, buffers, landscaped areas, natural areas, outdoor recreation areas, and similar types of uncovered open areas and maintained in plant cover, and excluding storage areas for materials, boats, or vehicles.

"Owner." Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof.

"Parking Area, Private." Privately or publicly owned property, other than streets and alleys, on which parking spaces are defined, designated, or otherwise identified for use by the tenants, employees, or owners of the property for which the parking area is required by this Chapter and not open for use by the general public.

"Parking Area, Public." Privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the general public, either free or for renumeration. Public parking areas may include parking lots which may be required by this Chapter for retail customers, patrons, and clients.

"Parking Space." An area permanently available for the parking of a full size automobile, having dimensions of not less than 9 feet by 18 feet.

"Parks and Open Space (Land Use)." Parks and Open Space Areas are public parks or private common areas consisting mostly of recreational facilities, community gardens, or natural areas.

"Parcel." A unit of land which is created by a partitioning of land.

"Partition of Land." To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partition land" does not include divisions of land resulting from lien foreclosures, divisions of land resulting from foreclosure of recorded contracts for the sale of real property and divisions of land resulting from the creation of cemetery lots; and "partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the Chapter 10. "Partition land" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner.

"Partition." Either an act of partitioning land or an area or tract of land partitioned as defined in this Section.

1. "Major Partition." A partition which includes the creation of a street.
2. "Minor Partition." A partition that does not include the creation of a street.

"Person." Any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

"Planning Commission or Commission." The Planning Commission of the City of Bay City, Oregon.

"Plat." Includes a final map, diagram, drawing, replat, or other writing containing all the descriptions, locations, specifications, dedications, provision, and information concerning a subdivision or major partition.

"Policy." A definitive statement or requirement of the Comprehensive Plan or Chapter 10, generally qualitative in nature.

"Property Line Adjustment." The relocation of a single common property line between two abutting properties not resulting in an increase in the number of lots. See figure, below:

"Replat." The process of changing the map or plat which changes the boundaries of a recorded Subdivision Plat, Minor Land Division, Certified Survey Map, or other land division or part thereof.

"Recreation Vehicle." See Travel Trailer

"Resource Capability." A use or activity is consistent with the resource capabilities of the area when either the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant or that the resources of the area are able to assimilate the use and activity, and their effects and continue to function in a manner consistent with the purpose of the zone.

"Restoration." For the purposes of Goal 16, estuarine restoration means to revitalize or re-establish functional characteristics and processes of the estuary diminished or lot by past alterations, activities, or catastrophic events. A restored area must be a shallow subtidal or intertidal or tidal marsh area after alteration work is performed, and may not have been a functioning part of the estuarine system when alteration work begins.

"Riparian Area." A riparian area is the area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to terrestrial ecosystem.

"School, Commercial." A place where instruction is given to pupils in arts, crafts, trades, or other occupational skills and operated as a commercial enterprise as distinguished from schools endowed or supported by taxation.

"School, Primary, Elementary, Junior High, or High." Includes public, private, or parochial but not nursery school, kindergarten, or day nursery, except when operated in conjunction with a school.

"Screen." A vertical barrier consisting of a fence, wall, hedge, tree row, or other dense structure intended to perform a buffering effect in a limited space, particularly for noise reduction or visual separation.

"Setback." The minimum distance required between a specified object, such as a building, and another point. Typically, the setback refers to the minimum distance (yard dimension) from the farthest projection of a structure to a specified property line.

"Shorelands." The area between U.S. Highway 101 and the mean high or higher water line (MHHW) of Tillamook Bay.

"Shoreline Stabilization Structures." Structures built to protect shoreline areas from erosion such as bulkheads and rip-rap.

"Short Term Vacation Rentals." A legal residential structure may be rented for transient rental purposes for thirty days or less. A Short Term Vacation Rental use is considered a transient rental of a legal residential use property and the density and use of a Short Term Vacation Rental is limited by Chapter 8.10.

"Sign." An identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business. Each display surface of a sign shall be considered to be sign.

"Sign, Advertising." A sign which directs attention to business, product, activity, or service which is not necessarily conducted, sold, or offered upon the premises where such sign is located.

"Standards." Specific requirements of the Chapter 10 regulating land use, generally quantitative in nature.

"Story." That portion of a building included between a floor and the ceiling next above it which is six feet or more above the grade.

"Story, Half." A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, or a basement or cellar, except as provided in this Chapter, which has less than six feet of its height above grade.

"Street." An officially approved public thoroughfare or right-of-way dedicated, deeded, or condemned, which has been officially approved by the Commission and accepted by the Council for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except as excluded in this Chapter. The word "street" shall include all arterial highways, freeways, traffic collector streets, and lanes.

1. Standard Street –a street constructed to full City standards, including paving, as set forth in the City’s Public Works Standards.
2. Substandard Street –a street constructed to full City street standards, except paving.
3. Pre-existing Street –any street which is developed to a standard less than a standard street.
4. Platted Street - any street which has been platted but has not been physically developed as any street

"Structure." Something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.

"Subdivider." Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this Chapter to effect a subdivision of land hereunder for himself or for another.

"Subdivided Land." 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. Land may be subdivided no more than one time within a twelve-month period.

"Subdivision." Either an act of subdividing land or an area or a tract of land subdivided as defined in this Section.

"Sufficient Infrastructure." The following level of public services to serve new Triplexes, Quadplexes, Townhouses, or Cottage Cluster development:

1. Connection to a public sewer system capable of meeting established service levels;
2. Connection to a public water system capable of meeting established service levels;
3. Access via public or private streets meeting adopted emergency vehicle access standards to a city’s public street system; and
4. Storm drainage facilities capable of meeting established service levels for storm drainage

"Temporary Alteration." Dredging, filling, or another estuarine alteration occurring over a specified short period of time which is needed to facilitate a use allowed by an acknowledged plan. Temporary alterations may not be for more than three years and the affected area must be restored to its previous condition. Temporary alterations include: (1) alterations necessary for federally authorized navigation projects (e.g., access to dredged material disposal sites by barge or pipeline and staging areas or dredging for jetty maintenance), (2) alterations to established mitigation sites, alterations for ridge construction or repair and for drilling or other exploratory operations, and (3) minor structures such as blinds necessary for research and educational observation.

"Temporary Estuarine or Riparian Alteration." A temporary estuarine or riparian alteration may not be for more than three years and the affected area must be restored to its previous condition. A temporary alteration includes: (1) an alteration necessary for federally authorized navigation projects (e.g., access to dredged material disposal sites by barge or pipeline and staging areas or dredging for jetty maintenance), (2) an alteration to established mitigation sites, an alteration for ridge construction or repair and for drilling or other exploratory operations, and (3) a minor structure such as blinds necessary for research and educational purposes.

"Townhouse." A dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.

“Townhouse project.” One or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.

"Transitional Use." A use allowed in a transitional area intended to create a gradual change in use from residential to commercial or industrial, between abutting zones.

"Travel Trailer/Recreation Vehicle." A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and having a body width not exceeding eight feet.

"Use." The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

"Vehicle." A device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

"Water-Dependent." A use or activity which can be carried out only on, in, or adjacent to, water areas because the use requires access to the water body for water-borne transportation, recreation, energy, production, or source of water. Examples include a commercial marine, pier, wharf, dock, or moorage.

"Water-Oriented." A use whose attraction to the public is enhanced by a view of or access to coastal waters.

"Water-Related." Uses which are not directly dependent upon access to water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. Examples include fish or shellfish processing, warehousing, retail or wholesale outlets; marine craft or marine equipment storage or sales; water-borne commerce; sports fish cleaning, smoking or curing establishments; retail trade where the majority of the products are to be used in conjunction with a water-dependent use; restaurants which provide a view of the waterfront and which may be operated in conjunction with a water-dependent or water-related use, such as a seafood processing plant. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurant, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.

"Yard." An area on a lot between the lot line and the nearest principal structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise allowed elsewhere in this Chapter.

"Yard, Front." An area extending the full width of a lot between the front lot line and the nearest principal structure. On a corner lot, the property owner may designate which street frontage is to be considered the front yard.

"Yard, Rear." An area extending the full width of a lot between the rear lot line and the nearest principal structure.

"Yard, Side." An area extending the depth of a lot from the front yard to the rear yard between the side lot line and the nearest principal structure.

"Yurt." A structure defined and governed by Oregon Building Code as a prefabricated recreational use structure designed for seasonal, recreation, and camping use. A yurt shall comply as far as is reasonably practicable with the standards established by the Oregon Building Code Division for prefabricated structures, with Oregon One and Two Family Dwelling Specialty Code, and shall be certified with an Oregon Insignia of Compliance.

"Zero Lot Line Wall." A common interior wall separating two dwelling units and located on the common boundary line.

The definitions in the Tillamook County Land Use Code for Estuary Zones, Shorelands Overlay Zone, and Water-Dependent Development Zone are adopted by reference and the words and phrases contained therein shall be applied in the following zones:

• Estuary Natural Zone,
• Estuary Conservation 1 Zone,
• Estuary Conservation 2 Zone,
• Estuary Conservation Aquaculture Estuary Development.