The several purposes of this chapter are to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide for adequate light and air; to lessen congestion; to encourage the orderly growth of the city; to prevent undue concentration of population; to facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks and other public requirements; and in general, to promote public health, safety, convenience and general welfare.
(Ord. 1840, passed 22894)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. As used in this chapter, the masculine includes the feminine and neuter, and the singular includes the plural.
ACCESSORY STRUCTURE or USE. A structure or use incidental and subordinate to the main use of the property and which is on the same lot with the main use. A home occupation is an accessory use.
ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
BED AND BREAKFAST, BOARDING, LODGING or ROOMING HOUSE. A building that is owner occupied with five or less guest rooms where lodging with or without meals is provided for compensation.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature greater than 120 square feet or ten feet in height.
CITY. City of Hermiston, Oregon.
CIVIC CENTER. A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.
CLINIC. Any facility used for the care, diagnosis and treatment of sick, inactive, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with board or room or kept overnight on the premises. CLINIC includes dental clinic, health clinic, medical clinic or doctors' offices and may include laboratory facilities in conjunction with normal clinic services.
CLUB. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and by-laws.
DAY CARE HOME. Any facility, other than a single-family dwelling, in which care and nurturing are provided to the young or elderly.
DWELLING, MULTI-FAMILY. A building containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached building containing one dwelling unit and is meant to mean structures conforming to the Oregon State Building Codes, unless otherwise specified.
DWELLING, TWO-FAMILY. A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT. One or more rooms designed for occupancy by one family and not having more than one cooking facility. Includes all conventional and prefabricated housing which meets the State of Oregon's Uniform Building Code specifications and is constructed on a permanent foundation.
EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
FAMILY. One or more individuals occupying a dwelling unit and living as a single household unit. FAMILY shall include two or more handicapped persons as defined in the Fair Housing Act of 1988, living as a single housekeeping unit.
FAMILY DAY CARE PROVIDER. A FAMILY DAY CARE PROVIDER provides day care for not more than 12 children in the provider's home. The care is considered a residential use.
FENCE, SIGHT-OBSCURING. A fence or planting arranged in a way as to obstruct visibility of land uses on a parcel from adjacent properties.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floor(s) of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
GARAGE, PRIVATE. An accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the main building.
GARAGE, PUBLIC. A building other than a private garage used for the care and repair of motor vehicles where the vehicles are owned or used or stored for compensation, hire or sale.
GRADE (GROUND LEVEL). The average of the finished GROUND LEVEL at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the above ground level should be measured at the sidewalk.
HEIGHT. The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure.
HOME OCCUPATION. A lawful activity commonly carried on within a dwelling by members of the family occupying the dwelling with no servant, employee or other person being engaged, provided that:
(1) The residential character of the dwelling is maintained.
(2) The activity occupies less than one-quarter of the ground floor area of the dwelling.
(3) The activity is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
HOSPITAL. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.
HOTEL/MOTEL. A building or group of buildings used for transient or residential purposes on a property collectively containing six or more guest rooms.
INDUSTRIAL PARK. A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRY. Those fields of economic activity related to forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas, and sanitary services and wholesale trade.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous, or nonferrous material, metal or nonmetal materials.
JUNKYARD. Any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk and the term includes automobile graveyards, wrecking yards, and salvage yards.
LOT. A parcel or tract of land.
LOT, CORNER. A lot abutting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than 135 degrees.
LOT, INTERIOR. A lot other than a corner lot.
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT DEPTH. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE. The property line bounding a lot.
LOT LINE, FRONT. In the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner or through lot, the lot line along a street other than an alley over which the primary vehicular access to the property is gained.
LOT LINE, REAR. The longest lot line which is opposite and most distant from the front lot line. Where a REAR LOT LINE cannot be determined, it shall be developed by striking a cord ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
MANUFACTURED DWELLING. A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities; is intended for human occupancy and is being used for residential purposes; meets minimum requirements of Federal Housing and Urban Development standards; is constructed on steel chassis and equipped with axles and towing tongue.
MANUFACTURED DWELLING PARK. A five acre minimum tract, lot or parcel of land, the primary purpose of which is to rent space for the purpose of parking four or more manufactured dwellings occupied for dwelling or sleeping purposes.
MANUFACTURING. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the MANUFACTURING of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.
MINI-WAREHOUSE. A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
MODULAR HOME. A structure constructed off-site at a state approved manufacturing facility; has sleeping, cooking and plumbing facilities; is intended for human occupancy and used for residential purposes; meets minimum requirements of the Oregon State Structural Specialty Code; is constructed on conventional wood floor systems, set on perimeter concrete foundation; and is not equipped with axles or towing hardware.
NONCONFORMING STRUCTURE or USE. A lawful existing structure or use at the time this chapter or any amendment thereto becomes effective which does not conform to the requirements of the zone in which it is located.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
PARK. A tract of land, designated and used by the public for active or passive recreation.
PARKING SPACE. A rectangle not less than 20 feet long and nine feet wide.
PARKING SPACE, HANDICAPPED. A rectangle not less than 20 feet long and 12 feet wide.
PERSON. Every natural PERSON, firm, partnership, association and/or corporation.
PLANNED UNIT DEVELOPMENT. A parcel of land planned as a single unit rather than as an aggregate of individual lots, with design flexibility from traditional zoning regulations.
PLANNING COMMISSION. The city of Hermiston's Planning Commission.
RECREATIONAL VEHICLE. A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping, travel or seasonal use and including but not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes and park trailers.
RECREATIONAL VEHICLE PARK. An area designed by the person establishing, operating, managing or maintaining the same for overnight camping by the general public or any segment of the public. Includes but is not limited to areas open to use free of charge or through payment of a fee or by virtue of rental, lease, license, membership, association or common ownership.
RESIDENTIAL CARE FACILITY. A facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.460 which provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 individuals who need not be related.
RESIDENTIAL CARE HOME. A home licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.825 which 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.
RUBBISH. A general term for solid waste, excluding food waste and ashes, taken from residences, commercial establishments and institutions.
SCRAP. Discarded or rejected materials that result from manufacturing or fabricating operations.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SETBACK. The distance between the street right-of-way line and the front line of a building foundation, excluding uncovered steps.
STORY. That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the top STORY shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, the basement or cellar shall be considered a STORY.
STREET. A vehicular way which is:
(1) An existing state, county, or municipal roadway;
(2) Shown upon a plat approved pursuant to the law;
(3) Approved by other official action; or
(4) Shown on a plat duly filed and recorded in the office of the County Recording Officer. The street shall include all land between the right-of-way line, whether or not improved or unimproved.
STREET, ARTERIAL. A street with signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
STREET, COLLECTOR. A street which collects traffic from local streets and connects with minor and major arterials.
STREET, CUL-DE-SAC. A street with a single common ingress and egress and with a turnaround at the end.
STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET VENDOR. Any person upon a public sidewalk or other public way or place carrying, conveying or transporting merchandise which is offered for sale from a mobile type device or as a pedestrian.
STRUCTURAL ALTERATION. A change to the supporting members of a structure including the supporting parts of foundations, bearing walls or partitions, columns, beams, girders or the roof.
STRUCTURE. That which is built or constructed. An edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.
SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
TENT. A structure made of materials such as, but not limited to, canvas, an architectural membrane, or other lightweight material and which is supported by a framework of supports or ropes which is intended to function as or resemble a tent or other engineered stressed membrane structure.
UNSTABLE SOIL. Soil types which pose severe limitations upon development or create a groundwater pollution hazard due to poor filtration, high water table and/or cemented hardpan, as defined by the U.S. Soil Conservation Service.
USE. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
VISION CLEARANCE AREA. A triangular area on a lot at the intersection of two streets or a street and an alley, driveway, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding two and one-half feet in height measured from the grade of the street center line.
YARD. An open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the foundation of a building.
YARD, REAR. A yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the foundation of a building.
YARD, SIDE. A yard between the front and rear yards measured horizontally and at right angles to the side lot lines from the side lot line to the nearest point of the foundation of a building.
(Ord. 1840, passed 2-28-94; Am. Ord. 2109, passed 6-27-05)
No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered contrary to the provisions of this chapter.
(Ord. 1840, passed 22894) Penalty, see 157.999
All development within the city shall adhere to divisions (A) through (D) below, but these standards shall not be approval standards for land use decisions, limited land use decisions or expedited land divisions:
(A) State and federal air quality standards.
(B) State and federal clean water regulations.
(C) State noise regulations.
(D) State and federal solid and hazardous waste regulations.
(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07); Penalty, see 157.999
The provisions of this chapter shall be held to the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other provisions of this chapter or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern.
(Ord. 1840, passed 22894)