DCC Title 18 shall be known as the Deschutes County Zoning Ordinance of 1979.

1. The intent or purpose of DCC Title 18 is to promote the public health, safety and general welfare and to carry out the Deschutes County Comprehensive Plan, the provisions of ORS 215 and the Statewide Planning Goals adopted pursuant to ORS 197. DCC Title 18 is to establish zoning districts and regulations governing the development and use of land within portions of Deschutes County, Oregon;
2. To provide regulations governing nonconforming uses and structures; to establish and provide for the collection of fees; to provide for the administration of DCC Title 18 and for the officials whose duty it shall be to enforce the provisions thereof; to provide penalties for the violations of DCC Title 18; and to provide for resolution of conflicts;
3. To regulate the placement, height and bulk of buildings; and the placement and growth of vegetation within the County to ensure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890, to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan polices relating to solar energy; and
4. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access.

As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030, or, where such words and phrases are defined in applicable Oregon Revised Statutes (ORS) and/or Oregon Administrative Rules (OAR), as defined therein. If there is any conflict between the definitions set forth in DCC 18.04.030 and the definitions of the same words and phrases in applicable ORS and/or OAR, the definitions in ORS and/or OAR shall prevail.

“AASHTO Standards” refers to the road safety and design standards set forth in the publication entitled American Association of State Highway and Transportation Officials Policy on Geometric Designs of Highways and Streets, current edition.

“Abut or abutting” means contiguous, touching, adjoining, or connected at one or more points.

"Accepted farming practice" means a mode of operation common to farms and ranches of a similar nature, necessary for the operation of such farms and ranches with the intent to obtain a profit in money, and customarily utilized in conjunction with farm use.

"Access" means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

“Accessory structure” means a structure that is incidental and subordinate to another lawfully established structure or lawfully established use on the same lot or parcel.

“Accessory use” means a use that is incidental and subordinate to another lawfully established use on the same lot or parcel. Accessory uses include drilling for, and utilization of, low-temperature geothermal fluid in conjunction with the main use of the property.

“Agricultural building or equine facility" means buildings and structures that are exempt from the State of Oregon Structural Specialty Code as agricultural buildings and equine facilities as described in ORS 455.315. A structural building permit is not required for agricultural buildings or equine facilities located on the same lot or parcel receiving special assessment for farm use.

"Agricultural Land" means lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominately Class I-VI soils, and other lands in different soil classes which are suitable for farm use, taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions, existing and future availability of water for farm irrigation purposes, existing land use patterns, technological and energy inputs required, and accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be included as agricultural lands in any event.

“Agricultural structure” means any structure considered to be an “agricultural building” under the State Building Code (Section 326) as referenced in DCC 15.04.010 and is (1) located on a lot or parcel that is at least 20 acres in size and contains at least 8.5 irrigated acres, or (2) a lot or parcel that is at least 80 acres in size, regardless of irrigation.

"Agricultural use" means any use of land, whether for profit or not, related to raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof not specifically covered elsewhere in the applicable zone. Agricultural use includes the preparation and storage of the products raised on such land for human and animal use and disposal by marketing or otherwise. Agricultural use also includes the propagation, cultivation, maintenance and harvesting of aquatic species. Agricultural 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.

“Agri-tourism” means a commercial enterprise at a working farm or ranch that is incidental and subordinate to the existing farm use of the tract that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statue and Rule. Any assembly of persons shall be for the purpose of taking part in agriculturally based operations or activities such as animal or crop care, picking fruits or vegetables, cooking or cleaning farm products, tasting farm products; or learning about farm or ranch operations. Agri-tourism does not include “commercial events or activities.” Celebratory gatherings, weddings, parties, or similar uses are not agri-tourism.

"Aircraft" means any vehicle designed or used for flight through the air and capable of carrying goods or people.

"Airport" means any area of land or water which is used or intended to be used by the general public for the landing and taking off of aircraft. This also includes any appurtenant areas, buildings, or facilities.

“Amateur Radio Facilities” means the external, outdoor structures associated with an operator’s amateur radio service. This includes antennae, masts, towers, guy wires, and other antenna support structures that consist of solid tubular or open lattice metal structure not exceeding 25 inches on average in diameter or face width.

“Amateur (“Ham”) Radio Services” means radio communication services, including amateur-satellite service and amateur service, which are for the purpose of self-training, intercommunication, and technical investigations carried out by duly licensed amateur radio operators solely for personal aims and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated there under.

"Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Such areas are designated by the letter A or V on the Flood Insurance Rate Map (FIRM).

“Attached”, with regards to dwelling units, means a dwelling unit attached to another dwelling unit by a shared wall, ceiling, or floor. Such a shared wall, ceiling, or floor must enclose interior space of at least one other dwelling unit and may include the walls of attached garages.

“Attached”, with regards to all structures, means a structure on an individual lot or parcel that is structurally connected to another structure of any type.

"Automobile and trailer sales area" means an open area, other than a street, for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold, or rented on the premises.

"Automobile repair garage" means a building or portion thereof used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire, or sale.

"Automobile service station" means a building or portion thereof or land used for the retail sale of automobile fuel, oil, and accessories and service.

"Automobile wrecking yard" means a premises used for the storage or sale of used automobile or truck parts or for the storage, dismantling or abandonment of obsolete automobiles, trailers, trucks, machinery, or parts thereof.

"Auxiliary" as used in DCC 18.36 and 18.40, "auxiliary" means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on a site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on flood plain maps always includes the letters A or V.

“Base flood elevation” means the computed elevation to which floodwater is anticipated to rise during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles.

"Basement" means any area of a building having its floor subgrade (below ground level) on all sides.

“Bath, full bath” means a bathroom that contains a toilet, sink, and one or more of the following: a shower, bathtub, and/or steam shower.

“Bath, half bath” means a bathroom that contains a toilet and a sink, but not one or more of the following: a shower, bathtub, and/or steam shower.

"Bed and breakfast inn" means a unit dwelling where lodging and meals are provided for compensation, in which no more than three guest rooms are provided for no more than eight guests. A guest shall not rent for a time period longer than 30 consecutive days.

"Bed or banks" has the meaning given at OAR 141-085-0510.

“Below-grade parking garage,” for purposes of DCC 18.108.055, is a parking garage where the floor of the garage is below the average finished grade of a building, and:

1. For a Mixed Use Structure, the level above the garage provides the primary point of pedestrian access to commercial uses in the building.
2. For all other structures, the floor level directly above the garage level is less than six feet above the average level of the abutting grade.

"Bicycle" as used in Title 18 has the meaning given in ORS 801.

"Bicycle commuter facilities" means shower(s) and changing room(s) provided in commercial and public buildings employing at least 25 people. Such facilities may be part of regular bathroom facilities.

"Bicycle facilities" is a general term denoting improvements and provisions made to accommodate or encourage bicycling, including parking facilities, all bikeways, and shared roadways not specifically designated for bicycle use.

"Bikeway" means any road, path or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is shared with other transportation modes.

"Boat dock or pier, community" means a personal use boating structure that is built over or floats upon the water of a lake, river, or stream that serves more than one property owner for the mooring of boats or as a landing place for marine transport, and that has a surface area of 320 square feet or less.

"Boat dock or pier, individual" means a personal use boating structure that is built over or floats upon the water of a lake, river, or stream, and that serves one property owner for mooring boats or as a landing place for marine transport, and that has a surface area of 160 square feet or less.

"Boat house" means a covered or enclosed structure designed to provide moorage and/or storage for recreational or commercial marine transport and built over or floating upon a lake, river, or stream.

"Boat slip" means an area of bank or shore where soil or other material is excavated to a level at or below the level of the waters of an abutting lake, river, or stream, to allow the mooring or landing of marine transport within the excavated area.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

“Campground” means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive 6 month period.

“Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.

“Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by a mechanical extraction process; a chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol, or ethanol; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.

“Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana leaves or flowers have been incorporated.

“Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.

“Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable marijuana by itself, a cannabinoid concentrate by itself, a cannabinoid extract by itself, or industrial hemp as defined in ORS 571.300.

“Carport” means a structure used to shelter a vehicle, having no enclosed uses above, and entirely open on two or more sides.

"Carrying capacity" means level of use which can be accommodated and continued without irreversible impairment of natural resource productivity, the ecosystem and the quality of air, land, and water resources.

“Child care center” see child care facility.

“Child care facility” as used in DCC Title 18 is defined in ORS 329A.

"Clear vision area" means a triangular area on the corner of a lot or parcel at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines abutting the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines.

"Cluster development" means a development permitting the clustering of single-unit or multi-unit dwellings with individual lots or parcels of not less than two acres in size and not exceeding three acres in size, and dedicated open space for a minimum of 65 percent of the parcel, lot, or tract. No commercial or industrial uses not allowed by the applicable zoning ordinance are permitted.

"Commercial agricultural enterprise" means farm operations which will:

1. Contribute in a substantial way to the area's existing agricultural economy; and
2. Help maintain agricultural processors and established farm markets. When determining whether a farm is part of a commercial agricultural enterprise, not only what is produced, but how much and how it is marketed shall be considered.

"Commercial amusement establishment" means a facility supplying refreshments and various forms of entertainment to the general public.

“Commercial event or activity” means any meeting, celebratory gathering, wedding, party, or similar uses consisting of any assembly of persons and the sale of goods or services. It does not include agri-tourism. In DCC 18.16.042, a commercial event or activity shall be related to and supportive of agriculture.

"Commercial farm" as used in DCC 18.16 means those land tracts shown on the 1991 Assessor's records as contiguous ownership tracts under one name (or separated only by a road), zoned EFU, receiving special assessment for farm use and in the top 90 percent of assessed farm use values (arranged in ascending order). These farms are identified in the resource element of the comprehensive plan.

"Commercial forest land" means land which is used for the growing and harvesting of forest tree species.

"Commercial residential use" means a building, portion of a building, or group of buildings designed or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist camp, but excluding quarters intended for permanent occupancy such as a duplex or multi-unit dwelling. A manufactured dwelling park is not included in this definition.

“Commercial use” means the use of land primarily for the retail sale of products or services, including offices. It does not include factories, warehouses, freight terminals or wholesale distribution centers.

“Community center” means a community meeting, retreat, and activity facility serving the social or recreational needs of community residents or visitors.

"Community service use" means any public or semi-public uses, such as land disposal sites, schools, utility facilities, churches, community buildings, fire stations, cemeteries, mausoleums, crematories, airports and private uses which attract significant numbers of people, such as airports, livestock sales yards and other similar uses.

"Community sewage system" means an onsite system that serves more than one lot or parcel, more than one condominium unit, or more than one unit of a planned unit development.

"Community water system" means a public water system that has 15 or more service connections used by year-round residents, or that regularly serves 25 or more year round residents.

"Conditional use" means a use that may be permitted, permitted with conditions, or denied at the discretion of the Hearings Body based upon findings of fact as required by DCC Title 18, the County Uniform Development Procedures Code and the Comprehensive Plan.

"Condominium" shall have the meaning set forth in ORS 100.

"Conduit" means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man-made structure which is or may be used to convey water.

“Conflicting use” means a land use, or other activity reasonably and customarily subject to land use regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR 660-023-0180(1)(b)).

"Conservation easement" means a nonpossessory interest in real property conveyed by the property owner to the County, imposing limitations or affirmative obligations concerning the use of the property. The purposes of a conservation easement include, but are not limited to, retaining or protecting natural, scenic or open space values, public access, protecting natural resources, maintaining or enhancing air and water quality and preserving the historical, archaeological or cultural aspects of the property.

"Contiguous land" means lots or parcels of land under the same ownership which abut, irrespective of roadways, stream, or valley bottom.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

"Cross-section" means a profile of the ground surface perpendicular to the center line of a street, stream, or valley bottom.

"Cultured Christmas trees" means trees:

1. Grown on lands exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;
2. Of a marketable species;
3. Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture; and
4. Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, week and brush control and one or more of the following practices: Basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation, irrigation.

“Current employment” of land for farm use includes:

1. Farmland, the operation or use of which is subject to any farm-related government program;
2. Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;
3. Land planted in orchards or other perennials, other than land specified in D below, prior to maturity;
4. Land not in an exclusive farm use zone which has not been eligible for assessment at special farm use value in the year prior to planting the current crop and has been planted in orchards, cultured Christmas trees or vineyards for at least three years;
5. Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and which not currently being used for any economic farm use;
6. Except for land under a single unit dwelling, land under buildings supporting accepted farm practices, including the processing facilities allowed under DCC 18.16.025(I) and the processing of farm crops into biofuel as commercial activities in conjunction with farm use under DCC 18.16.030(E);
7. Water impoundments lying in or adjacent to and in common ownership with farm use land;
8. Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the owner of land specially valued for farm use even if the land constituting the woodlot is not utilized in conjunction with farm use;
9. Land lying idle for no more than one year where the absence of farming activity is due to the illness of the farmer or member of the farmer’s immediate family. For the purposes of this section, illness includes injury or infirmity whether or not such illness results in death;
10. Any land described under ORS 321.267(3) or 321.824(3);
11. Land use for the primary purpose of obtaining a profit in money by breeding, raising, kenneling or training of greyhounds for racing; and
12. Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:
    1. Only the crops of the landowner are being processed;
    2. The biofuel from all of the crops purchased for processing into biofuel is used on the farm of the landowners; or
    3. The landowner is custom processing crops into biofuel from other landowners in the area for their use or sale.

As used in this definition, “accepted farming practice” means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily utilized in conjunction with farm use.

"Dam" means any man-made structure which is or may be used to impound water.

"Destination resort" means a self-contained development providing visitor oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a "major destination resort" under Goal 8, a proposed development must meet the following standards:

1. The resort is located on a site of 160 or more acres.
2. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets, and parking areas.
3. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on-site-developed recreational facilities and visitor-oriented accommodations, exclusive of costs for land, sewer and water facilities and roads. Not less than one-third of this amount shall be spent on developed recreational facilities.
4. Developed recreational facilities and key facilities intended to serve the entire development and visitor-oriented accommodations must be constructed or, where permitted by DCC 18.113, guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots, parcels or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding.
5. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with seating for 100 persons, and 150 separate rentable units for overnight lodgings as described in DCC 18.113.060(A). Accommodations available for residential use will not exceed two and one-half such units for each unit of overnight lodging.
6. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the development. Industrial uses are not permitted.

"DEQ" means the Oregon Department of Environmental Quality.

“Detached”, with respect to structures, means a structure on an individual lot or parcel that is freestanding and structurally separated from other structures.

"Developed recreation facilities" with respect to destination resorts, means improvements constructed for the purpose of recreation. These include, but are not limited to, golf courses, tennis courts, swimming pools, marinas, equestrian trails and facilities and bicycle paths.

"Development” means any change to a site, lot, or parcel, including buildings, placement or replacement of any structures, parking and loading areas, landscaping, paved or graveled areas, grading or fill, mining, and areas devoted to exterior display, advertisement, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes. Development includes partitions and subdivisions.

"Development, Floodplain”, for the purpose of flood standards, means any man-made change to an improved or unimproved site, lot, or parcel, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

"Disposal site", as used in DCC Title 18, is defined in ORS 459.

"Diversion" means any man made structure which is or may be used to deflect or divert water from a river or stream into a conduit.

"DOGAMI" means the Oregon Department of Geology and Mineral Industries.

"Driveway" means an area of land intended for vehicular ingress and egress to a site, extending into the site, lot, or parcel from a street, road, or right of way.

“Drainage swale” means a broad manmade depression, running parallel to the right of way, between the pavement and the sidewalks for containing storm runoff from streets.

"Dust-sensitive use" means use of a site, lot, parcel, or tract as a dwelling unit, school, religious institutions or assemblies, hospital, or similar use. Industrial or agricultural use of a site, lot, parcel, or tract is not "dust-sensitive" unless it meets the above criteria in more than an incidental and subordinate manner. Accessory structures, such as, but not limited to garages and workshops, do not constitute dust-sensitive uses.

“Dust-sensitive building” means a building that contains a dust-sensitive use.

"Dwelling unit" means a building or portion thereof providing living facilities for one or more persons living together, including provisions for sleeping, cooking, and sanitation. Cooking facilities shall be limited to one kitchen and sanitation facilities shall include at least one full bath. All areas shall have an enclosed and unobstructed way of travel within the dwelling unit to all other areas within the dwelling unit. With the exclusion of bedrooms, all areas within the dwelling unit shall be shared in common.

1. “Duplex” means two attached dwelling units on an individual lot or parcel.
2. “Dwelling unit, accessory” shall have the meaning set forth in DCC 18.116.355(A).
3. “Dwelling unit, historic accessory” shall have the meaning set forth in DCC 18.116.350(A).
4. "Dwelling unit, live/work” for purposes of DCC 18.108.055, is a dwelling unit in which a commercial use may be operated on the ground floor of the dwelling unit.
5. "Dwelling, lot of record" means a dwelling unit approved pursuant to ORS 215.705.
6. "Dwelling, manufactured" shall have the meaning set forth in ORS 446.003. As used in DCC Title 18, “manufactured home” shall be synonymous with “manufactured dwelling” as defined herein.
7. “Dwelling, multi-unit” means a building that consists of three or more attached dwelling units on an individual lot or parcel.
8. "Dwelling, multi-family" means a “multi-unit dwelling” as defined herein.
9. “Dwelling, single-unit” means a detached dwelling unit on an individual lot or parcel.
10. "Dwelling, single-family" means a “single-unit dwelling” as defined herein.
11. "Dwelling, single-family – zero lot line” in the Neighborhood Planning Area means a detached building containing one (1) single-unit dwelling, where one or more of the building’s sides coincide with a lot line, not including manufactured dwellings and temporary structures such as tents, teepees, travel trailers, and other similar structures.
12. "Dwelling, seasonal" means a single-unit dwelling, including a manufactured dwelling, travel trailer, or camping vehicle, designed for and used as a temporary dwelling for recreational or seasonal purposes only.
13. “Dwelling unit, zero lot line” means dwelling units which are constructed with a zero side setback.
14. Town home”, as applied in the La Pine Neighborhood Planning Area, means a single-unit dwelling with common walls on one or both side lot lines and continuous front facades. Alleys to the rear of the building provide parking and service access.
15. “Townhouse” means a dwelling unit that is part of a row of two or more attached dwelling units, where each unit is located on an individual lot or parcel.
16. “Two-family dwelling” means a “duplex” as defined herein.

"Dude ranch" means a ranch operated wholly or in part as a resort offering horse riding related activities as outdoor recreation opportunities, and offering only temporary rental accommodations for vacation use by nonresidents.

"Easement" means a grant of the right to use a lot or parcel of land, or portion thereof, for specific purposes where ownership of the land or portion thereof is not transferred.

“Eave” means a projecting overhang four feet or less at the lower border of a roof and extending from a wall or support.

"Ensure" means guarantee; make sure or certain something will happen.

"ESEE" stands for "economic, social, environmental, and energy." In Title 18, ESEE refers to a decision document that identifies “ESEE consequences” and the “program to achieve the goal”, as these terms are defined in OAR 660-023-0010.

"Exempt vegetation" means a tree or other plant that is shown by the sun chart accompanying a solar access permit application to cast existing shade on a protected area.

"Existing" means existing at the time of application.

"Exploration (for minerals)" means all activities conducted on or beneath the surface of the earth for the purpose of determining presence, location, extent, grade, or economic viability of a deposit. "Exploration" does not include prospecting, chemical processing of minerals or the off-premises sale or use of any minerals.

"Facility for the processing of farm products" means a facility for:

1. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or
   
2. Slaughtering, processing or selling poultry, poultry products, rabbits, or rabbit products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).
   

“Family child care provider” means a child care provider who regularly provides child care in the home of the provider to not more than 16 children, including children of the provider, regardless of full-time or part-time status.

“Farm use” has the meaning given in ORS 215.203 and OAR 660-033-0020.

"Feed lot" means a livestock-feeding yard.

"Fence, sight-obscuring" means a continuous fence, wall, evergreen planting or combination thereof constructed and/or planted to effectively screen a particular use from view.

“Fill”, as used in the context of lakes, rivers, streams, floodplains, wetlands, or riparian areas, means:

1. The deposit by artificial means of material within any lake, river, stream, floodplain, wetland, or riparian area.
2. Fill includes any excavation or grading within any lake, river, stream, floodplain, wetland, or riparian area.
3. Fill does not include practices that constitute accepted farming practices as defined in ORS chapter 215.

"Fire break" means a break in the ground cover fuels intended to prevent the spread of fire.

"Fish passage device" means any man made structure which is or may be used to enable fish to pass over a dam to move upstream.

"Fish protection device" means any man made structure, such as a fish screen, which is or may be used to prevent fish from entering into or passing through conduits, penstocks, and other water conducting structures or devices connected to a hydroelectric facility.

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.

"Flood, base" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Such areas are designated by the letter A or V on the Flood Insurance Rate Map (FIRM).

"Flood Insurance Rate Map (FIRM)" is the official map on which the United States Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. The FIRM is adopted by reference in Ordinance No. 2007-019.

"Flood Insurance Study" is the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood condition of partial or complete inundation of normally dry land areas. The Study is adopted by reference in Ordinance No. 2007-019.

"Floodway" means the channel of a river or other water course, and the adjacent land areas, that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Floor area” means the area measured in square feet of horizontal space intended to be a floored surface contained within a building or portion thereof, measured inside of the external walls, including slab-on-grade and exclusive of vent shafts, courts, and basements. When calculating floor area, stairs are counted once unless the area under the stairs is part of the dwelling unit’s floor plan, in which case the stairs are counted twice. Portions of the floor area with a sloped ceiling measuring less than five feet from the finished floor to the finished ceiling are not considered as contributing to the floor area.

"Forest lands" means lands which are suitable for commercial forest uses including adjacent or nearby lands which are necessary to permit forest operations or practices and other forested lands that maintain soil, air, water and fish and wildlife resources.

"Forest operation" means any commercial activity relating to the growing and harvesting of forest tree species.

"Forest practice" means any operation conducted on or pertaining to commercial forestlands, including but not limited to:

1. Reforestation of forestland;
2. Road construction and maintenance;
3. Harvesting of forest tree species;
4. Application of chemicals; and
5. Disposal of slash.

"Forest uses" include production of trees and the processing of forest products; open space; buffers from noise and visual separation of conflicting uses; watershed protection and wildlife and fisheries habitat; soil protection from wind and water; maintenance of clean air and water; outdoor recreational activity and related support services and wilderness values compatible with these uses; and grazing for livestock.

“Front of building” means the building face, or scaled drawing thereof, from finished grade to the roof ridgeline, that is facing a front lot line and located at or behind a front setback area.

“Frontage, river” means that portion of a lot or parcel abutting a river, stream, or lake.

"Frontage, street" means the length of a lot line that directly abuts or borders a right of way.

"Geothermal energy facility, small-scale" means an electrical power generating plant with a nominal electric generating capacity of less than 25 MW; a pipeline that is less than 16 inches in diameter and less than five miles in length used to carry geothermal resources; and related or supporting equipment and facilities.

"Geothermal resource, high-temperature" means any groundwater, steam, or other fluid 250 degrees Fahrenheit or greater, which is used for its thermal characteristics.

"Geothermal resource, low-temperature" means any groundwater, steam, or other fluid less than 250 degrees Fahrenheit, which is used for its thermal characteristics.

"Geothermal well, high-temperature" means any excavation as defined by ORS 522.005(10), 522.005(12) or 522.005(15), that is constructed or used for the thermal properties of the resource contained within, or which is constructed or used for returning such resource to an underground reservoir.

"Geothermal well, low-temperature" means any excavation as defined by ORS 537.515(9), that is constructed or used for the thermal properties of the resource contained within, or which is constructed or used for returning such resource to an underground reservoir.

"Goal 5 resource" means open spaces, scenic and historic areas and natural resources as specified in Goal 5 of Oregon's Statewide Planning Goals and its implementing Administrative Rules, OAR chapter 660, Divisions 16 and 23.

"Golf course" means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. A "golf course" may be a nine or 18-hole regulation golf course or a combination nine and 18-hole regulation golf course consistent with the following:

1. A regulation 18-hole golf course is generally characterized by a site of about 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.
2. A regulation nine-hole golf course is generally characterized by a site of 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards and a par of 31 to 36 strokes.

"Golf course" does not include a stand-alone driving range. In EFU zones, "golf course" includes only regulation golf courses and does not include a golf course or golf course-like development that does not meet this definition. Excluded from this definition is such nonregulation development as executive golf courses, Par 3 golf courses, pitch and putt golf courses and miniature golf courses.

"Golf course, accessory uses" means an accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course. An accessory use or activity does not serve the needs of the non-golfing public.

Accessory uses to a golf course may include: Parking; maintenance buildings; cart storage and repair; practice range or driving range; clubhouse; restrooms; lockers and showers; food and beverage service; pro shop; a practice or beginners course as part of an 18 hole or larger golf course. In an EFU Zone, accessory uses to a golf course do not include: Sporting facilities unrelated to golfing such as tennis courts, swimming pools and weight rooms; wholesale or retail operations oriented to the non-golfing public; housing.

"Grade" means the elevation of the ground surface. Grade is further defined as:

1. “Grade, average”, for the purposes of calculating structural height, means the average of two points which shall be the highest finished grade abutting the structure and the lowest finished grade abutting the structure.
2. “Grade, existing” means the existing elevation of the ground surface prior to grading, compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.
3. “Grade, finished” means the final elevation of the ground surface following all grading, compaction, placement of fill, and/or the excavation or removal of earth from the lot or parcel.For the purposes of streets or slopes, “grade” shall mean the degree of inclination.
4. For the purposes of streets or slopes, “grade” shall mean the degree of inclination.
   

"Guest house" means living quarters within a detached accessory building located on the same lot or parcel as a dwelling unit for use by temporary guests of the occupants of the main premises, not rented or otherwise used as a separate dwelling unit. A guesthouse shall contain no kitchen.

“Guest lodge” means an owner-occupied single-unit dwelling located on a lot or parcel of not less than five acres where lodging and meals are provided for compensation and in which no more than five guest rooms are provided for no more than 10 guests at one time.

"Habitable floor", for the purposes of DCC 18.96, means any floor usable for living purposes, including working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

“Health and fitness facility” means a building or series of buildings within which recreational amenities are included. Such facilities typically include, but are not limited to, any combination of the following recreational amenities and uses: swimming pool, basketball court, racquetball court, weight room, exercise room or tennis court, and instruction and counseling related to health and fitness.

“Height" as it pertains to structures, means the vertical distance from average grade to the highest point of the structure.

"High-value farmland" means land in a tract composed predominantly of the following soils when they are irrigated: Agency loam (2A and 2B), Agency sandy loam (1A), Agency-Madras complex (3B), Buckbert sandy loam (23A), Clinefalls sandy loam (26A), Clovkamp loamy sand (27A and 28A), Deschutes sandy loam (31A, 31B and 32A), Deschutes-Houstake complex (33B), Deskamp loamy sand (36A and 36B), Deskamp sandy loam (37B), Era sandy loam (44B and 45A), Houstake sandy loam (65A, 66A and 67A), Iris silt loam (68A), Lafollette sandy loam (71A and 71B), Madras loam (87A and 87B), Madras sandy loam (86A and 86B), Plainview sandy loam (98A and 98B), Redmond sandy loam (104A), Tetherow sandy loam (150A and 150B) and Tumalo sandy loam (152A and 152B). In addition to the above described land, high-value farmland includes tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stablization and Conservation Service of the United States Department of Agriculture taken prior to November 4, 1993. For purposes of this definition, “specified perennials” means perennials grown for market or research purposes including, but not limited to, nursery stock, berries, fruits, nuts, Christmas trees, or vineyards but not including seed crops, hay, pasture, or alfalfa.

"Highest shade producing point" means the highest shade producing point of the structure two hours before and after the solar zenith on December 21.

"Historic area or district" means lands with sites, structures, or objects of local, regional, statewide, or national historical significance as indicated in the Comprehensive Plan Resource Element.

"Historic site" means a location, structure or object having local, regional, statewide, or national historic significance as indicated in the Comprehensive Plan Resource Element.

"Hog farm" means any premises where 25 or more hogs are maintained.

"Home occupation" means an occupation or profession carried on within a dwelling and/or a residential accessory structure by a resident of the dwelling or employees, depending on type pursuant to DCC 18.116.280 and is secondary to the residential use of the dwelling and/or the residential accessory structure.

"Horse stables" means structures, including indoor and outdoor riding arenas, for the stabling or training of horses and other facilities normally associated with such uses.

"Horse stables, commercial" means stables for the boarding and/or keeping of horses and the training of horses that are not non-commercial riding stables as defined in DCC Title 18.

"Horse stable, noncommercial" means a detached accessory structure for the stabling or training of horses owned by the landowner or a single lessee of the stable facility for personal use. May also include the incidental boarding or keeping of up to five horses owned by persons not the owner or lessee of the horse stable for their personal use.

“Hotel/motel unit” means a single room, or suite of rooms, however owned, including but not limited to the condominium form of ownership, within a multiple unit building that provides separately rentable overnight sleeping accommodations on a temporary basis that are not available for residential use.

"Hydroelectric facility" means all aspects of any project or development necessary for or related to the generation of hydroelectric energy, including, but not limited to, conduits, dams, diversions, fish ladders and screens, generators, impoundments, penstocks, turbines, transmission facilities and related buildings, structures, storage areas, access roads, parking areas and surrounding and adjacent lands which are necessary for or related to the facility.

"Impoundment" means any man-made structure which is or may be used to impound water.

"Incidental Horse events" means any exhibition or competition done in conjunction with the stabling or training of horses whose purpose is to test and/or advance the skills of a horse and/or its rider, such as but not limited to exhibitions in connection with riding lessons or training conducted on the premises, schooling events, horse training seminars or clinics, open houses, or cutting competitions. “Incidental horse events” shall not include any show, exhibition or competition that is commercial in character, that requires entrance or admission fees that are more than nominal fees, or that is recognized, sanctioned or endorsed by any governing body or organization for equine sporting events.

“Incidental and subordinate” means minor, secondary, and dependent in relation to another use, activity, or structure.

“Industrial use” means the use of land primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. It does not include commercial uses.

“Inn” means a multiple unit building, with more than three and up to 20 guest rooms, where overnight lodging and meals are provided for compensation. Meals include breakfast, lunch, and dinner served only to guests who are provided overnight lodging.

"Intensive agricultural use" means any agricultural use where accepted farming practice may produce noise, dust, chemical application, or other potential nuisance at any time during the year.

"Interest" includes a lot or parcel, a share, undivided interest, or membership which includes the right to occupy the land overnight, and a lessee's interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period of more than three years. "Interest" does not include any interest in a condominium as that term is defined in ORS 100.005 or any security interest under a land sales contract, trust deed or mortgage. "Interest" does not include division’s deed or mortgage. Interest does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.

“Irrigated.” As used in DCC 18.16, irrigated means watered by an artificial or controlled means, such as sprinklers, furrows, ditches, or spreader dikes. An area or tract is “irrigated” if it is currently watered or has established rights to use water for irrigation from a water or irrigation district or other provider. For the purposes of identifying high-value farmland, an area or tract within a water or irrigation district that was once irrigated shall continue to be considered “irrigated” even if the irrigation water was removed or transferred to another tract.

"Junk yard" means primary or accessory use of a lot or parcel of land for the storage, dismantling or selling of castoff or salvage material of any sort in other than the original form in which it was manufactured or assembled, not including reconditioned secondhand furniture or fixtures sold from within a walled building.

"Kennel" means a lot, parcel or building in which four or more dogs, cats, pot bellied pigs, or other animals at least four months of age are kept commercially for board, breeding, training, or sale.

"Key facilities" means basic services usually furnished by local government but which also may be provided by private enterprise, essential to the support of more intensive development. Includes public schools, transportation, water supply, fire protection, sewage and solid waste disposal.

“Kitchen” means a discrete, enclosable area that includes a sink outside of a bath, and one or more of the following: a stove, range, oven, microwave, any food heating appliance, a range hood and/or exhaust vent, or rough-ins for any of these appliances.

"Land disposal site", as used in DCC Title 18, is defined in ORS 459.

"Landing strip" means an area used for the landing and taking off of aircraft for the personal use of the property owner or his guests, or aircraft employed in agricultural operations.

"Landing strip, personal use" see "Personal use landing strip" for airplanes and helicopter pad.

"Landscaping" means trees, grass, bushes, shrubs, flowers, garden areas, incidental arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework and artificial plants, bushes, or flowers.

"Legislative" means a planning or zoning action resulting in a general rule or policy which is applicable to an open class of individuals or situations.

"Livestock" means domestic animals of types customarily raised or kept on farms for profit or other productive purposes. This definition does not include household dogs, cats and pot bellied pigs.

"Livestock feed lot" means an enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for commercial purposes.

"Livestock sales yard" means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment or other means.

"Loading space" means an off-street space within a building or on the same lot or parcel with a building, having direct access to a street or alley, for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials.

“Lock-off Area,” for purposes of DCC 18.108.055, means a part of one dwelling unit that has all of the following characteristics; (a) a sleeping area that is separated by an interior, locking door that bars access from the sleeping area to the remainder of the dwelling unit; and (b) the separated sleeping area has a separate, external point of access; and (c) is used to provide overnight accommodations on a temporary basis.

"Lodge" means a structure or group of related structures wherein transient eating and/or sleeping accommodations are provided for a fee in connection with outdoor recreation activities.

"Lot" shall have the meaning set forth in ORS 92.010.

“Lot area” means the total horizontal area contained within the lot lines. Said area shall be computed as gross area for lots or parcels larger than 2.5 acres and net area for lots or parcels 2.5 acres and smaller.

1. “Lot area, gross” means the total horizontal net area within lot lines including all streets, roads, and easement of access to other property that would accrue to that lot or parcel if the road, street, right of way, or easement were vacated. The gross area of lots or parcels that have never been previously described of record as other than fractions of a section shall be calculated as if the section contained 640 acres, in cases where a lot or parcel is sought to be partitioned.
2. “Lot area, net” shall be used for lots or parcels smaller than 2.5 acres and means the total horizontal area contained within the lot lines that is free from roads, streets, rights of way, or easements of access to other property.
3. As used in DCC Title 18, “lot size” shall be synonymous with “lot area”.

“Lot coverage” means all areas of a lot or parcel covered by structures with surfaces greater than 18 inches above the finished grade.

"Lot Line" means any line bounding a lot or parcel.

1. "Lot Line, Front" means a lot line separating a lot or parcel from a street, road, or right of way. A lot or parcel may have more than one front lot line. In the case of a lot or parcel that does not have street frontage, a front lot line shall be any lot line through which driveway access to the property is provided.
2. "Lot Line, north" means a lot line that requires solar access protection, as specified in DCC 18.116.180, that is 45 degrees or more from a north-south axis as determined by a metes and bounds description established on a County Assessor's tax lot map, verified by a survey filed with the County Surveyor or established by an official plat recorded in the County Clerk's Office. If more than one north lot line exists for a parcel or lot, solar protection shall be required for each line and the most restrictive solar setback must be met.
3. "Lot Line, Rear" means the lot line not abutting a street, road, or right of way, which is the longest horizontal distance, measured perpendicularly, from any front lot line. In the case of an irregular or triangular-shaped lot or parcel, the rear lot line is a line 10 feet in length within the lot or parcel, parallel to and at the maximum distance from a front lot line. An irregular lot or parcel with four or more sides is one in which a side lot line and the rear lot line form an interior angle of at least 135 degrees.
4. "Lot Line, Side" means any lot line other than a front or rear lot line bounding a lot or parcel.

"Lot Width" means the diameter of the largest circle that can be wholly contained within the boundaries of a lot or parcel.

"Lot of Record" means:

1. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created, and which was created by any of the following means:
   1. By partitioning land as defined in ORS 92;
   2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk;
   3. By deed or contract, dated and signed by the parties to the transaction, containing a separate legal description of the lot or parcel, and recorded in Deschutes County if recording of the instrument was required on the date of the conveyance. If such instrument contains more than one legal description, only one lot of record shall be recognized unless the legal descriptions describe lots subject to a recorded subdivision or town plat;
   4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or
   5. By the subdividing or partitioning of abutting or surrounding land, leaving a remainder lot or parcel.
2. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be recognized as a lot of record.
3. The following shall not be deemed to be a lot of record:
   1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or for the convenience of the assessor;
   2. A lot or parcel created by an intervening section or township line or right of way;
   3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed pursuant to subsection (A)(3) above; or
   4. A parcel created by the foreclosure of a security interest.

"Lowest floor" means the lowest floor of the lowest enclosed area of a structure, including the basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of DCC 18.96.060.

"Manufactured dwelling park" shall have the meaning set forth in ORS 446.003.

"Manufactured dwelling subdivision" means a subdivision intended to be occupied primarily or exclusively by manufactured dwellings.

“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae, and the seeds of the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in ORS 571.300.

“Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extracts.

“Marijuana Processing” means the processing, compounding, or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts, provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority.”

“Marijuana production” means the manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a “person designated to produce marijuana by a registry identification cardholder.”

“Marijuana retailing” means the sale of marijuana items to a consumer, provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon Health Authority for medical marijuana sales.

“Marijuana wholesaling” means the purchase of marijuana items for resale to a person other than a consumer, provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission.

"Marina" means a facility developed along a body of water which includes docks, boat slips or moorings, and uses or improvements which are either necessary for its operation and maintenance, or provides goods or services customarily provided to boaters. Such uses and improvements may include: parking lots, maintenance buildings, boat storage, boat rental, restrooms, lockers and showers, food and beverage service, and retail sales of goods and services related to boating activities. A marina does not include boat sales, boat houses or facilities unrelated to boating, such as wholesale or retail businesses oriented toward the nonboating public, stand alone restaurants, or other recreational amenities.

"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Flood Insurance Rate Map (FIRM) are referenced.

"Mineral" includes, but is not limited to soil, select fill, coal, clay, stone, sand, gravel, aggregate, pumice, cinders, metallic ore, and any other inorganic solid excavated from a natural deposit in the earth for commercial, industrial, or constructional use.

“Medical Marijuana Dispensary” means any facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 that dispense medical marijuana pursuant to ORS 475.314.

"Mini-storage" means commercial development of multiple storage units for rental to the public.

"Minor partition" means a partition that does not include the creation of a road or street.

"Mitigation" means the minimizing or offsetting of impacts by the provision of on- or off-site improvement or compensation which benefits impacted property owners, resources and the public interest. Mitigation measures include, but are not limited to, the provision of additional fish and wildlife habitat, conservation easements, on- and off-site screening and buffering, compensation for the maintenance of existing off-site screening, fees in lieu of improvements and similar arrangements which are agreed to in writing by the affected parties and which relate to and are necessitated by a surface mining development or operation.

“Mixed use structure,” for purposes of DCC 18.108.055, is a structure or building that contains dwelling units and/or resort hotel units that also contains commercial uses.

“Mobile home” shall have the meaning set forth in ORS 446.003.

“Mobile home park” shall have the meaning set forth in ORS 446.003.

“Multi-use path” means a path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within an independent right-of-way. The multi-use path is used by bicyclists, pedestrians, joggers, skaters, and/or other non-motorized travelers.

"Municipal water supply system" means a domestic water supply source and distribution system owned and operated by a city, county, special district, or other public corporation which has independent tax-levying powers to support the system and which supplies water to a total of 1,000 or more households.

"Natural area" means, as indicated in the Comprehensive Plan Resource Element, land and water that has substantially retained its natural character or land and water that, although altered in character is important as habitats for plant, animal or marine life, for the study of its natural, historical, scientific or paleontological features or for the enjoyment of its natural features.

"Natural hazard" means geographic areas in which natural conditions exist which pose or may pose a threat to the health, safety, or welfare of people, property, or the environment, including areas subject to drought, earthquake, flood, landslide, volcanic event, wildfire, windstorm, or severe winter storm.

"Natural resources" means air, land, water, and the elements thereof valued for their existing and potential usefulness to man.

"Necessary for" as used in DCC 18.36.050 and 18.40.050, means the dwelling will contribute substantially to effective and efficient management of the forestland to be managed by the resident(s) of the dwelling.

"New construction" means any structure for which the start of construction commenced on or after November 1, 1979, the effective date of Deschutes County Zoning Ordinance PL-15. For purposes of the Flood Plain Zone (FP), "new construction" means any structure for which the start of construction commenced on or after the date of adoption of the amendments to the Flood Plain Zone in Ordinance No. 88-030.

"Noise-sensitive use" means use of a site, lot, parcel, or tract approved for overnight human occupancy, or normally used as schools, religious institutions or assemblies, hospitals, or public libraries. Industrial or agricultural uses of a site, lot, parcel, or tract are not "noise-sensitive" unless the use meets the above criteria in more than an incidental and subordinate manner. Accessory structures, such as but not limited to garages or workshops, do not constitute noise-sensitive uses.

“Noise-sensitive building” means a building that contains a noise-sensitive use.

"Nonconforming lot or parcel" means a lot or parcel which is smaller in area than the minimum lot or parcel area in the zone.

"Nonconforming structure or use" means a lawful existing structure or use at the time DCC Title 18 or any amendment thereof becomes effective which does not conform to the requirements of the zone(s) in which it is located.

"Nursery, day" see “child care facility.”

"Nursing home" means any institution, or other structure, maintained or operated for the nursing or care of 16 or more ill, aged, or infirm adults not requiring hospital care or hospital facilities.

"Open space" means lands used for agricultural or forest uses and any land area that would, if preserved and continued in its present use:

1. Conserve and enhance natural or scenic resources;
2. Protect air, streams, or water supply;
3. Promote conservation of soils, wetlands, beaches or marshes;
4. Conserve landscaped areas such as public or private golf courses, that reduce pollution and enhance the value of abutting or neighboring property;
5. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or other open space;
6. Enhance recreation opportunities;
7. Preserve historic, geological, and archeological sites;
8. Promote orderly urban development; and
9. Minimize conflicts between farm and nonfarm uses.

“Ordinary High Water Line (OHWL)” has the meaning given at OAR 141-085-0510.

"Ordinary High Water Mark (OHWM)" has the same meaning as “Ordinary High Water Line.”

"Ordinary Low Water Mark (OLWM)" means the lowest level on the bank or shore of a lake, river, or stream to which the water ordinarily recedes annually in season.

“Outdoor Recreational Equipment Storage Area” means a fenced area for the outdoor storage of recreational or sporting equipment which may include: recreational vehicles as defined by Chapter 18.04, boats, jet skis, golf carts, snowmobiles, and dog sleds. The equipment may be stored outside or under a roof without enclosed sides.

"Overburden" means earth or rock that lies above a natural deposit of a mineral.

"Overnight lodgings" with respect to destination resorts, means permanent, separately rentable accommodations that are not available for residential use. Overnight lodgings include hotel or motel rooms, cabins, and time-share units. Individually-owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 38 weeks per calendar year through a central reservation and check-in service operated by the destination resort or through a real estate property manager, as defined in ORS 696.010. Tent sites, recreational vehicle parks, mobile homes, dormitory rooms, and similar accommodations do not qualify as overnight lodging for the purpose of this definition.

"Owner" means the owner of real property or the authorized agent thereof or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or County Recorder's records.

"Parcel" shall have the meaning set forth in ORS 92.010.

“Parking garage, below-grade” see “Below-grade parking garage” definition.

"Parking space" means a clear, on-street or off-street area, for temporary parking or storage of one automobile, having an all-weather surface of a width not less than eight and one-half feet, a length of not less than 22 feet and not less than eight and one-half feet in height when within a building or structure. Such parking space shall not be less than 190 square feet in area and shall have easy access to a street or alley by a driveway having an all-weather surface, except as approved subject to DCC 18.116.030.

"Partition" shall have the meaning set forth in ORS 92.010.

"Partitioning land" shall have the meaning set forth in ORS 92.010.

"Partition plat" shall have the meaning set forth in ORS 92.010.

"Pedestrian facilities" means improvements which provide for public pedestrian foot traffic including sidewalks, walkways, crosswalks, and other improvements, such as lighting and benches which make it safe or convenient to walk.

"Penstock" means any conduit or other structure which is or may be used to convey water to the driving mechanism of a generator.

"Person" means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization of any kind.

“Person designated to produce marijuana by a registry identification cardholder” means person designated to produce marijuana by a registry identification cardholder under ORS 475.304 who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced.

"Personal use landing strips for airplanes and helicopter pad" means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests and by commercial aviation activities in connection with permitted uses of the land. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use airport lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division.

"Petroleum distribution facility" means a facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.

"Planned development" means the development of an area of land at least 40 acres in size for a number of dwelling units, commercial or industrial uses, according to a plan which does not necessarily correspond in lot area, bulk or type of dwelling unit, density, lot coverage, or required open space to the standard regulations otherwise required by DCC Title 18, and usually featuring a clustering of dwelling units.

"Planned unit development," see "planned development."

"Plant nursery" means a place where young trees or other plants are raised for experimental purposes or for transplanting for sale.

"Plat" shall have the meaning set forth in ORS 92.010.

"Pole height" means the height of the point on a building that casts the longest shadow on the north side of the building as measured between 10:00 a.m. and 2:00 p.m. on December 21.

"Pot-bellied pig" means a swine commonly referred to as Miniature Vietnamese, Chinese or Oriental pot-bellied pig. Such animals shall not exceed a maximum height of 18 inches at the shoulder.

"Potential structure" for purpose of solar access protection on a potential structure, is any structure or building that could be built as a permitted use in a particular location under existing development standards under the existing Deschutes County Comprehensive Plan and/or Deschutes County Zoning Code.

"Preexisting nonconforming lot or parcel" means a nonconforming lot or parcel which is a lot of record.

“Prefabricated structure” as used in DCC Title 18, shall have the meaning set forth in ORS 455.

“Preschool” as used in DCC Title 18 is defined in ORS 329A as “preschool recorded program”.

"Primary use" means a lawfully established use on a lot or parcel that is not incidental and subordinate to another use on the lot or parcel. A lot or parcel may contain multiple primary uses.

"Processing area" means the floor area of a building dedicated to farm product processing. "Processing area" does not include the floor area designated for preparation, storage or other farm use.

"Productive solar collector" means a solar collector that provides no less than a) 10 percent of a building's annual total energy requirement; or b) 50 percent of a building's annual water heating requirements.

“Property line” shall have the meaning set forth in ORS 92.010.

“Property line adjustment” means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

"Prospect well" means any well drilled as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling, or temperature gradient test well less than 2,000 feet in depth. Prospect well does not include a geothermal well as defined in DCC 18.04.030.

"Protect" means save or shield from loss, destruction, injury, or for future intended use.

"Protected area" means the specific area which is provided solar access for specific hours and dates under DCC Title 18.

"Provide" means prepare, plan for and supply what is needed.

"Psilocybin" means psilocybin or psilocin.

"Psilocybin manufacture as a farm use" means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, any packaging or repackaging of psilocybin-producing fungi or labeling or relabeling of its container, provided that the psilocybin manufacturer is licensed by the Oregon Health Authority with a psilocybin manufacturing endorsement for fungi cultivation. It does not include psilocybin manufacture as a processing use. "Psilocybin manufacture as a processing use" means the compounding, conversion, or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, provided that the psilocybin manufacturer is licensed by the Oregon Health Authority with a psilocybin manufacturing endorsement for psilocybin extraction and/or edible psilocybin production. "Psilocybin premises" includes the following areas of a location licensed under ORS 475A.210 to 475A.722;

1. All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, and storerooms;
2. All areas outside a building that the Oregon Health Authority has specifically licensed for the manufacturing of psilocybin products or the operation of a psilocybin service center; and
3. For a location that the authority has specifically licensed for the operation of a psilocybin service center outside a building, that portion of the location used to operate the psilocybin service center and provide psilocybin services to clients.

"Psilocybin premises" does not include a primary residence. "Psilocybin-producing fungi" is:

1. A crop for the purposes of "farm use" as defined in ORS 215.203;
2. A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
3. A product of farm use as described in ORS 308A.062; and
4. The product of an agricultural activity for purposes of ORS 568.909.

"Psilocybin products" means psilocybin-producing fungi, mycelium and mixtures or substances containing a detectable amount of psilocybin, including whole fungi, homogenized fungi, psilocybin extract and edible psilocybin products. "Psilocybin products" does not include psilocybin services. "Psilocybin service center" means an establishment licensed by the Oregon Health Authority:

1. At which administration sessions are held; and
2. At which other psilocybin services may be provided.

"Public park" means an area of natural or ornamental quality for outdoor recreation that provides the resource base for the following activities: picnicking, boating, fishing, swimming, camping and hiking or nature oriented recreation such as viewing and studying nature and wildlife habitat, and may include play areas and accessory facilities that support the activities listed above.

"Public use" means a use owned or operated by a public agency for the benefit of the public generally. This does not include land disposal sites, garbage dumps or utility facilities.

"Public water system" shall have the meaning set forth in OAR 333-061-0020.

"Quasi-judicial" means a land use action entailing application of a general rule or policy to specific individuals or situations.

"Ramada" means a stationary structure having a roof extending over a manufactured structure which may also extend over a patio or parking space of motor vehicles and is used principally for protection from snow, sun, or rain. A ramada is open on two or more sides and has no enclosed uses.

"Reclamation" means the employment in a surface mining operation of procedures designed to minimize, as much as practical, the disruption of the surface mining operation and to provide for rehabilitation of any such surface resources adversely affected by such mining operations through the rehabilitation of plant cover, soil stability, water resource and other measures appropriate to the subsequent beneficial use of mined and reclaimed lands.

"Recreation camps or resorts" means an area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds, and other similar uses, whether the use of such area is limited to private membership or open to the public upon payment of a fee.

"Recreation parks" means an area designated by the landowner for picnicking or overnight camping and offered to the general public whether or not a fee or charge is made for such accommodations.

“Recreational path” means a pathway constructed as part of a community wide path system used for multi-purpose recreational uses, including but not limited to: walking, running, bicycling, cross-country skiing, and roller and in-line skating. Such paths may be improved with wood chips, aggregate, asphalt, or other material necessary to designate and maintain the pathway for the use intended. Recreational paths do not include running tracks, velodromes, or other single purpose tracks not developed as part of the community wide path system.

"Recreational vehicle" means a vehicle with or without motive power that is designed for human occupancy and as further defined, by rule, by the Director of Transportation, at OAR 735‐022‐0140.

"Recreational vehicle park" shall have the meaning set forth in OAR 918-650-0005.

“Regional park” means a park ranging in size from 10 to 25 acres with recreational facilities to serve the La Pine Urban Unincorporated Community and surrounding region.

“Religious institution or assembly” means, so long as having public charity status as a religious assembly or institution established with the Internal Revenue Service, either (consistent with ORS 215.441(1)) a church, synagogue, temple, mosque, chapel, meeting house, or other nonresidential place of worship, or (consistent with 42 USCA § 2000cc-5(7)(B)) the use, building, or conversion of real property for the purpose of religious exercise.

“Removal”, as used in the context of lakes, rivers, streams, floodplains, wetlands, or riparian areas, means:

1. The taking of material in lakes, rivers, streams, floodplains, wetlands, or riparian areas; or
2. The movement by artificial means of material within the bed of such waters, including channel relocation.
3. Removal includes any excavation or grading within any lake, river, stream, floodplain, wetland, or riparian area.
4. Removal does not include practices that constitute accepted farming practices as defined in ORS chapter 215.

"Replat" shall have the meaning set forth in ORS 92.010.

"Residential" means any dwelling unit or group of dwelling units built or used for human occupancy.

“Residential care” means services provided to individuals, including supervision; protection; assistance while bathing, dressing, grooming or eating; management of money; transportation; recreation; and the providing of room and board.

“Residential facility” means a residential care, residential training, or residential treatment facility, as those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.

“Residential home” means a residential treatment or training home, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), a residential facility registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities), or an adult foster home licensed under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.

“Resort facility” means a building or series of buildings, portions of which are under common ownership which provide interrelated visitor and vacation services and are intended to serve the community and the travel needs of people traveling through the area. Typical uses include, but are not limited to: overnight accommodations, meeting rooms, convention and banquet facilities, administrative facilities, maintenance and storage facilities, resort recreation facilities, and restaurant and retail uses which are customarily appurtenant to such uses.

“Resort recreation facilities” means any combination of the following recreational amenities and their accessory uses: health and fitness facility, golf course (including development such as executive, Par 3 and pitch and putt golf course), golf course accessory uses, tennis court, park, playground, picnic and barbecue area, in-line skating area, recreational path, miniature golf facility, nature center, equestrian facility, swimming pool, basketball and volleyball court, running track, ball fields, ice skating rink, or similar use intended for sport or play, and community center.

“Resort utility facilities” means buildings, structures and uses, not including living quarters, that provide or are used in connection with activities of a service or infrastructure nature for the operation and maintenance of a resort community. Such facilities include, but are not limited to: sewage treatment plant, water treatment, transmission lines, wells and pumping equipment, substation or pump station, irrigation systems, equipment storage, repair yard or building, facilities mandated by the Oregon Department of Environmental Quality, cable television facility, and administrative offices.

"Right of way" means the area between the boundary lines of a street, road, or other public easement.

"Rimrock" means any ledge, outcropping, or top or overlying stratum of rock, which meets the following:

1. Has a slope in excess of 45 degrees, as measured across any 10-foot horizontal distance. Where two or more horizontal measurements yield different results, the most restrictive measurement shall apply; and
2. Creates or is within the canyon of the following rivers and streams: (1) Deschutes River, (2) Crooked River, (3) Fall River (4) Little Deschutes River (5) Spring River (6) Paulina Creek (7) Whychus Creek and (8) Tumalo Creek.
3. For the purpose of DCC Title 18, the edge of the rimrock is the uppermost rock ledge or outcrop of rimrock.

“River” has the same meaning as “stream.”

"Road and street project" means the construction and maintenance of the roadway, bicycle lane, sidewalk or other facility related to a road or street. Road and street projects shall be a Class I, Class II or Class III project.

1. Class I Project. Land use permit required. "Class I Project" is a major project such as:
   1. A new controlled-access freeway;
   2. A road or street project of four or more lanes on a new location; and
   3. A major project involving the acquisition of more than minor amounts of rights of way, substantial changes in access control, a large amount of demolition, displacement of a large number of dwelling units or businesses, or substantial changes in local traffic patterns.
2. Class II Project. Land use permit required. "Class II Project" is a:
   1. Modernization where a road or street is widened by more than one lane;
   2. Traffic safety or intersection improvement which changes local traffic patterns;
   3. System change which has significant land use implications; or
   4. The construction of a new County road or street within a dedicated public right-of-way, where none existed before.
3. Class III Project. No land use permit required. "Class III Project" is a modernization, traffic safety improvement, maintenance, repair or preservation of a road or street.

"Road or street" means a public or private way created to provide ingress or egress to one or more lots, parcels, areas, or tracts of land.

1. "Alley" means a narrow street through a block primarily for vehicular service access to the back or side of properties abutting another street.
2. "Arterial" means a restricted access street of substantial continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the County.
3. "Bicycle route" means a right of way for bicycle traffic.
4. "Collector" means a street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterial and local streets and roads within the County.
5. "Cul-de-sac" means a short street having one end open to traffic and the other end terminated by a vehicle turnaround.
6. "Half street" means a portion of the width of a street sufficient for safe service temporarily (as approved by the County Engineer) when the remaining portion of the street is likely to be provided in another subdivision.
7. "Marginal access street" means a minor street parallel and adjacent to a major arterial providing access to abutting properties, but protected from through traffic.
8. "Local street" means a street intended primarily for access to abutting properties.
9. "Stubbed streets" means a street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.

"Roadway" means that portion of a street or road right of way developed for vehicular traffic.

“Room and board arrangement” means an owner occupied single-unit dwelling where lodging and meals are provided, in which no more than four guest rooms are provided for no more than five unrelated guests.

"Scenic area" means land and other natural features valued for their aesthetic qualities. "School, private" means any licensed or accredited private entity that offers instruction or training for any academic, technical, or identified occupational objective.

"School, public" means a school operated by a government agency.

"Self-contained development" with respect to destination resorts, means community sewer, water, and recreational facilities provided on-site and limited to meet the needs of the resort or provided by existing public sewer or water service as long as all costs related to service extension and any capacity increase are borne by the development. A "self-contained development" shall have developed recreational facilities provided on-site.

"Semipublic use" means a structure or use intended or used for both private and public purposes by a church, lodge, club, or any other nonprofit organization.

"Service establishment" means a business selling a service and products directly related to that service. Service establishment includes, but is not limited to, shoe or appliance repair; hair cutting and styling; realtor; interior decorator; upholsterer; pet grooming; optician; and travel agent. An automobile repair garage or medical office is not a service establishment for the purposes of DCC Title 18.

"Setback" means the minimum allowable horizontal distance between two or more specified features, except as otherwise provided in DCC Title 18..

1. “Setback, front” means a setback measured from a front lot line to the nearest point of any structure, except as otherwise provided in DCC Title 18. In the case of a front lot line that does not have street frontage, the front setback shall be the minimum distance as identified in the underlying zone for a local street right of way.
2. “Setback, Ordinary High Water Mark” means a setback measured from an Ordinary High Water Mark line, to the nearest point of any structure, except as otherwise provided in DCC Title 18.
3. “Setback, rear” means a setback measured from the rear lot line to the nearest point of any structure, except as otherwise provided in DCC Title 18.
4. “Setback, rimrock” means a setback measured from a rimrock to the nearest point of any structure, except as otherwise provided in DCC Title 18.
5. “Setback, side” means a setback measured from a side lot line, to the nearest point of any structure, except as otherwise provided in DCC Title 18.

“Setback area” means any area located within a designated setback as identified herein.

"Shade" means a shadow, except a shadow caused by a narrow object, including, but not limited to, a utility pole, an antenna, a wire, or a flagpole.

"Shopping complex" means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking on site and aesthetic considerations which integrate it with the surrounding area.

“Sidewalk” means a pedestrian walkway separated from a road, with or without a curb, constructed of a durable, hard surface, usually concrete.

"Sign" means 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.

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

"Solar access" means protection from shade for a specific area during specific hours and dates, but not including protection from shade cast by exempt vegetation.

"Solar access permit" means the instrument issued by the County which limits the size of nonexempt vegetation on certain lots or parcels in the vicinity of a recorded solar collector.

"Solar collector" means any object that uses solar radiation for a useful purpose, including, but not limited to, windows, walls, roofs, and collectors.

"Solar heating hours" means the hours and dates during which solar access is provided.

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

"Stabling or training equines" as used in the definition of "farm use" means the use of land incidental to the pasturing, keeping, boarding, management or training of horses. For the purposes of this definition, incidental horse events, as defined herein are deemed to be an incident of stabling or training equines.

"Start of construction" means the first act of permanent construction of a structure, other than a manufactured dwelling, on a site, lot or parcel, such as the pouring of slabs or footings or any work beyond site preparation, such as clearing, grading, and filling. It does not include the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms, or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or as part of the primary use structure. For a structure other than a manufactured dwelling without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its piling or foundations. For manufactured dwellings not within a manufactured dwelling park or manufactured dwelling subdivision, start of construction means the affixing of the manufactured dwelling to its permanent site. For manufactured dwellings within manufactured dwelling parks or manufactured dwelling subdivisions, start of construction is the date on which construction of facilities for servicing the site on which the manufactured dwelling is to be affixed (including, at a minimum, the construction of streets, either final site grading or pouring of concrete pads, and installation of utilities) is begun.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except the top story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above.

"Story, half" means 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.

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

"Stream, perennial" includes the following rivers and streams in Deschutes County: Alder Creek, Bottle Creek, Bridge Creek, Brush Draw, Bull Creek, Cache Creek, Charlton Creek, Cultus Creek, Cultus River, Deer Creek, Deschutes River, Dry Creek, Fall Creek, First Creek, Full Creek, Goose Creek, Indian Ford Creek, Jack Creek, Kaleetan Creek, Lake Creek-Middle Fork, Little Deschutes River, Metolius Creek, Park Creek-East Fork, Park Creek-West Fork, Paulina Creek, Pole Creek, Rock Creek, Snow Creek, Soap Creek, Soda Crater Creek, Spring Creek, Whychus Creek, Whychus Creek-North Fork, Three Creek, Todd Lake Creek, Trout Creek, Tumalo Creek, Tumalo Creek-North Fork, Tumalo Creek-Middle Fork, and Tumalo Creek-South Fork.

"Street" means the entire width between the right of way lines of every public way for vehicular and pedestrian traffic. Includes the terms "road," "highway," "land," "place," "avenue," "alley" or other similar designation.

"Structural alteration" means any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, any structural change in the roof or in the exterior walls, or any alteration requiring a building permit.

“Structural footprint” means the horizontal structural and/or building area of a structure, as seen in plan view (as in floor plan, view from above), measured from the outside of all exterior walls and supporting columns.

"Structure" means anything constructed, built, or installed, which requires a location on the ground or is attached to another structure having a location on the ground.

"Subdivide lands" shall have the meaning set forth in ORS 92.010.

"Subdivision" shall have the meaning set forth in ORS 92.010.

"Subdivision plat" shall have the meaning set forth in ORS 92.010.

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

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure’s designation as a ‘historic structure’.

"Substantially shaded" means less than 80 percent of the available solar insulation is available during winter solar heating hours to either the south roof and/or wall of an existing or potential structure.

"Sun chart" means a photograph or photographs, taken subject to the guidelines of the Planning Director or Hearings Body, which plots the position of the sun during each hour of the day and each month of the year relative to a protected area. The sun chart shall contain, at a minimum:

1. Solar altitude in 10-degree increments;
2. Solar azimuth measured from true south in 15-degree increments;
3. If the solar collector is more than 20 feet wide, the southern skyline as seen from the two end points and from the center point of the lower edge of the protected area; and
4. A clear delineation of the existing objects which cast shadows on the protected area, including hills, structures, and deciduous and evergreen vegetation.

"Surface mining" means

1. Includes:
   1. All or any part of the process of mining by removal of the overburden and extraction of natural mineral deposits thereby exposed by any method including, open pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits, except those constructed for access roads; and
   2. Mining which involves more than 1,000 cubic yards of material or excavation prior to mining of a surface area of more than one acre.
2. Does not include:
   1. The construction of adjacent or off-site borrow pits which are used for access roads to the surface mine;
   2. Excavation and crushing of sand, gravel, clay, rock or other similar materials conducted by a landowner, contractor or tenant on the landowner's property for the primary purpose of construction, reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction and other on-site construction, or nonsurface impacts of underground mines; and
   3. Batching and blending of mineral and aggregate into asphaltic concrete or portland cement concrete.

"Surface mining, minerals" means includes, but is not limited to, soil, select fill, coal, clay, stone, sand, gravel, aggregate, pumice, cinders, metallic ore, and any other inorganic solid excavated from a natural deposit in the earth for commercial, industrial, or construction use.

"Surface mining, operator" means any person or entity engaged in surface mining.

"Surface mining, processing" means processing includes crushing, washing, milling and screening as well as batching and blending of mineral aggregate into asphaltic concrete and portland cement concrete. (NOTE: Processing of mineral and aggregate material into secondary products, such as building materials, is allowed in industrial zones and may be sited as part of a limited use combining zone in conformance with all plan amendment and zone change requirements of the County comprehensive plan and zoning ordinance.)

"Time share unit" means

1. A dwelling unit, lot, or parcel divided into periods of time under any arrangement, plan, scheme or device; whether by membership, agreement, share, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement or otherwise; where a purchaser, in exchange for consideration, receives a right to use the dwelling unit, lot, or parcel for a period of time less than a full year during any given year, but not necessarily for consecutive years, which extends for a period of more than three years; or
2. A dwelling unit, lot, or parcel created into interests sold under an agreement to be subsequently divided or created into interests for the purpose of sale or lease or other similar arrangement as set out in DCC 18.04.030(A) “Time share unit,” whether immediate or future, into 11 or more undivided interests or 11 or more other interests, or any other similar arrangement of interests in the dwelling unit, lot or parcel.

"Tract" shall have the meaning set forth in ORS 215.010.

"Trailer" means any portable unit designed and built to be towed on its own chassis, comprised of frame and wheels and which does not fall within the definitions of vacation trailer, manufactured dwelling or prefabricated structure. Includes boat trailers, bunk trailers, portable schoolrooms, and industrial, commercial, or public offices and accessory uses.

"Trailer, travel" means a recreational vehicle without motive power that is eight and one-half feet or less in width and is not being used for commercial or business purposes.

"Transit facility" means improvements at selected points along transit routes for passenger pick-up, drop-off and waiting. Facilities and improvements may include shelters, benches, signs and structures and other improvements to provide security, protection from the weather and access to nearby services.

"Transit route" means an existing or planned route for public service in the local or regional transportation plan.

"Transmission facility" means the conductors, lines, poles, towers, structures, corridors and construction staging and assembly areas necessary for or associated with the transmission of electricity from a hydroelectric facility for distribution.

"Traveler's accommodations" means any establishment having rooms or apartments rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities.

"Unbuildable area" means an area of a site, lot, or parcel on which a structure could not be built as a permitted or conditional use under the provisions of DCC Title 18.

"Unincorporated Community" means an unincorporated community having a zoning designation under DCC Title 18 of Urban Unincorporated Community, Rural Service Center (designated under OAR chapter 660 division 22 and otherwise), Resort Community or Rural Community.

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

“Utility easement” means an easement noted on a subdivision plat, partition plat, or other lawfully recorded easement for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, sewage, power, heat, or telecommunications.

"Utility facility" means any major structures, excluding hydroelectric facilities, owned or operated by a public, private or cooperative electric, fuel, communications, sewage or water company for the generation, transmission, distribution or processing of its products or for the disposal of cooling water, waste or by-products, and including power transmission lines, major trunk pipelines, power substations, telecommunications facilities, water towers, sewage lagoons, land disposal sites and similar facilities, but excluding local sewer, water, gas, telephone and power distribution lines, and similar minor facilities allowed in any zone. This definition shall not include wireless telecommunication facilities where such facilities are listed as a separate use in a zone.

“Vacation trailer” means a portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, having sleeping, cooking, and plumbing facilities independent of external utility connections, and intended for use principally as a temporary recreational or vacation dwelling unit.

"Variance" means an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by a zoning ordinance.

1. "Area variance" means a variance which does not concern a prohibited use. Usually granted to construct, alter or use a structure for a permitted use in a manner other than that prescribed by the zoning ordinance.
2. "Use variance" means a variance which permits a use of land other than that prescribed by the zoning or other applicable ordinances.

"Veterinary clinic" means a place where animals or pets are given medical attention and cared for during the time of such treatment.

"Visitor-Oriented Accommodations" with respect to destination resorts, means overnight lodging, restaurants, and meeting facilities designed to provide for the needs of visitors rather than residents.

"Walkway" means a structure that is built over or floats upon the waters of a lake, river, or stream and that provides access to a boat dock or pier.

"Wetland" means an area that is inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and other similar areas.

“Wind Energy System” consists of equipment that converts energy from the wind into usable forms of energy (such as electricity) and then stores or transfers the energy. This equipment includes any base, blade, foundation, wind generator, nacelle, rotor, wind tower, transformer, vane, wire, inverter, batteries or other component used in the system. A wind energy system may be a grid-connected or a stand-alone system.

“Wind tower” means a monopole, freestanding, or guyed structure that supports the wind generator.

"Winter solar heating hours" means the time period extending two hours before and after the solar zenith on December 21.

“Wireless telecommunications facility” means an unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure such as a self-supporting monopole or lattice tower, antennas, microwave dishes or other transmission and reception devices. This definition includes “personal wireless services facilities” as defined under the Telecommunications Act of 1996.

“Yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance.

“Zero lot line subdivision or partition” means a type of residential subdivision or partition with no setback between dwelling units and providing for individual ownership of each lot or parcel.

(Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 §3, 1988)