Cross-reference:
A property owner or the owner's authorized agent may initiate a request by filing an application with the City Planner using forms prescribed for this purpose. The application shall include a legal description of the property, a plot plan showing any existing improvements thereon and a narrative statement by the owner describing the proposed land use and future development for the property. The owner shall pay a fee as established by the City Council at the time the application is filed.
(Ord. 1477, passed 8-15-83; Am. Ord. 1987, passed 3-22-99)
Before the City Council may act on an application for annexation, the application shall be reviewed by the Planning Commission for a recommendation as to land use matters consistent with the City Comprehensive Plan.
(Ord. 1477, passed 8-15-83; Am. Ord. 1987, passed 3-22-99)
After the City Council has received the Planning Commission's recommendation as to land use matters consistent with the City Comprehensive Plan and the City Council elects to dispense with submitting the question of the proposed annexation to the electors of the city, the City Council shall fix a day for the public hearing so the electors of the city may appear and be heard on the question of annexation.
(Ord. 1477, passed 8-15-83; Am. Ord. 1987, passed 3-22-99)
In addition to any other public notice required by law, notice of the public hearing shall be published in a newspaper of general circulation once each week for two successive weeks prior to the hearing date and notices of the hearing shall be posted in four public places in the city for a like period.
After its public hearing and receipt of the recommendation from the Planning Commission, the City Council shall ensure the application meets the following criteria:
(A) The proposal is consistent with all applicable state annexation law requirements.
(B) The property is contained within the urban portion of the Urban Growth Boundary (UGB) as identified in the Comprehensive Plan.
(C) The proposed zoning is consistent with the underlying Comprehensive Plan land use designations.
(D) Finding of fact is developed in support or denial of the application.
(E) All city services can be extended readily and the property owner(s) is willing to bear costs associated with extensions of sewer, water and roads except for major facilities — sewer pump station or major water main — necessary to facilitate later growth.
(Ord. 1477, passed 8-15-83; Am. Ord. 1987, passed 3-22-99)
(A) The City Council shall pass all necessary ordinances required by state statutes after approval of the application.
(B) The City Council hereby retains its authority under ORS Chapter 222.
(Ord. 1477, passed 8-15-83)
This chapter shall be known and may be cited as the Hermiston Municipal Airport Hazard Zoning Ordinance.
(Ord. 1411, passed 4-27-82)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the Primary Surface extends 200 feet beyond each end of that runway.
(2) The width of the Primary Surface of a runway will be 500 feet, which is that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway.
(3) The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the runway centerline.
(Ord. 1411, passed 4-27-82)
Not withstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to:
(A) Create electrical interference with navigational signals or radio communication between the airport and aircraft;
(B) Make it difficult for pilots to distinguish between airport lights and others;
(C) Result in glare in the eyes of pilots using the airport;
(D) Impair visibility in the vicinity of the airport; or
(E) Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
(A) In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to the airport.
(B) The zones are shown on the Hermiston Airport Hazard Zoning Map consisting of one sheet, prepared by the Umatilla County Planning Commission and dated September 24, 1975, which is hereby made a part of this chapter. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.
(C) Except as otherwise approved in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for the zone.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
(A) The inner edge of the Approach Zone coincides with the width of the primary surface and is 500 feet wide.
(B) The Approach Zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway. The slope of the Approach Zone is 34 feet horizontal for each foot vertical beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(Ord. 1411, passed 4-27-82)
The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The Clear Zone expands uniformly to a width of 1,010 feet at a horizontal distance of 1,700 feet from the primary surface, its centerline being the continuation of the centerline of the runway. The slope of the Clear Zone is 34 feet horizontal for each foot vertical beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 1,700 feet along the extended runway centerline.
(Ord. 1411, passed 4-27-82)
(A) These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended.
(B) The slope of the Transitional Zones is seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the Approach Zones, and extending to a height of 150 feet above the airport elevation, that is to a height of 789 feet above mean sea level.
(Ord. 1411, passed 4-27-82)
The Horizontal Zone is hereby established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The Horizontal Zone does not include the Approach and Transitional zones. The height of the Horizontal Zone is 150 feet above the airport elevation, or 789 feet above mean sea level.
(Ord. 1411, passed 4-27-82)
The Conical Zone is hereby established as the area that commences at the periphery of the Horizontal Zone and extends outward there from a horizontal distance of 4,000 feet. The slope of the Conical Zone is 20 feet horizontally for each foot vertically beginning at the periphery of the Horizontal Zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(Ord. 1411, passed 4-27-82)
(A) Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.
(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(Ord. 1411, passed 4-27-82)
The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted.
(Ord. 1411, passed 4-27-82)
Notwithstanding the preceding provision of this chapter, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of markers and lights as shall be deemed necessary by the city to indicate to the operators of aircraft in the vicinity of the airport, the presence of airport hazards. Markers and lights shall be installed, operated and maintained at the expense of the city.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
Whenever the Building Inspector determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow a structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
(A) Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and approved by the Building Inspector.
(1) However, a permit for a tree of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when the tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
(2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
(3) A permit shall be void after one year unless construction has commenced.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(C) Hazard marking and lighting. Any permit or variance granted may, if an action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at owner's expense, to install, operate, and maintain markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(D) Conditional use permit. Any use allowed under any other zoning chapter provision which will be located in an approach or clear zone shall be treated as a conditional use under that provision and shall be subject to all procedures required for conditional uses under that ordinance.
(E) Places of public assembly. Places of public assembly proposing to locate in an approach or clear zone shall be discouraged and influenced to locate elsewhere. Most urban structures proposing to locate in a clear zone also shall be discouraged due to the danger of air crashes.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
(A) Authorization to grant or deny variances.
(1) The Planning Commission may grant a variance to any person desiring to erect or increase the height of any structure, or permit the growth of any tree or use property not in accordance with the regulations prescribed in this chapter, where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty to the public interest and the granting of the variance will do substantial justice and be in accordance with the spirit of this chapter.
(2) In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity or otherwise achieve the purposes of this chapter.
(B) Procedure for taking action on a variance application. The procedure for taking action on an application for a variance shall be as follows:
(1) A property owner or the Planning Commission may initiate a request for a variance by filing an application with the City Manager, using forms prescribed.
(2) Within 40 days of receipt of the application, the Planning Commission shall hold a hearing and render a decision thereon. The applicant shall be given written notice of the decision by the City Manager within five days of the decision.
(3) A variance shall be void after one year unless the variance has been substantially completed. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.
(4) No application for a variance shall be considered by the Planning Commission within one year of the denial of a request unless, in the opinion of the Planning Commission, new evidence of a change of circumstances warrants it.
(Ord. 1411, passed 4-27-82)
(A) Authorization to initiate amendments. An amendment to the text of this chapter or to the map may be initiated by the City Council, the Planning Commission or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application with the City Manager, using forms prescribed.
(B) Public hearings on amendments. The Planning Commission shall conduct a public hearing on the proposed amendment according to the procedures of 151.56 of this chapter at its earliest practicable meeting after it is proposed and shall, within 40 days after the hearing, recommend to the City Council approval, disapproval or modification of the proposed amendment. After receiving the recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed amendments.
(C) Record of amendments. The Finance Director/Recorder shall maintain records of amendments to the text and map of this chapter.
(Ord. 1411, passed 4-27-82)
It shall be the duty of the City Manager to administer and enforce the regulations prescribed herein. The city staff shall have the duty to administer and approve permits. The Planning Commission shall conduct hearings on applications for variances.
(Ord. 1411, passed 4-27-82)
(A) An appeal from a ruling of the City Manager or city staff regarding a requirement of the chapter may be made only to the Planning Commission.
(B) An action or ruling of the Planning Commission pursuant to this chapter may be appealed to the City Council within ten days after the Planning Commission has rendered its decision. Written notice of the appeal shall be filed with the City Manager. If the appeal is not filed within the ten-day period, the decision of the Planning Commission shall be final. If the appeal is filed, the City Council shall receive a report and recommendation thereon from the Planning Commission and shall hold a public hearing on the appeal.
(C) The City Council may amend, rescind or affirm the action of the Planning Commission.
(Ord. 1411, passed 4-27-82)
An application required by this chapter shall be accompanied by a fee as established by the City Council.
(Ord. 1411, passed 4-27-82)
(A) The procedures to be followed for each notice of hearing authorized by this chapter shall be substantially the same as those provided in Chapter 157, the city's Zoning Code.
(B) The Planning Commission and the City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons they decide may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced.
(Ord. 1411, passed 4-27-82)
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(Ord. 1411, passed 4-27-82)
Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $100 for each day a violation is a continuing offense but the fine may not exceed $1,000. A fine may not exceed $500 where the offense is not a continuing offense.
(Ord. 1411, passed 4-27-82)
Building inspection shall be under the administrative and operational control of the Building Official. The Building Official shall attend to all aspects of code enforcement, including the issuance of all building permits. The Building Official shall have the power to render written and oral interpretations of the state codes and to adopt and enforce administrative procedures in order to clarify the application of their provisions. The interpretations, rules and regulations shall be in conformance with the intent and purposes of the state codes. Under ORS 153.005(f), the Building Official is hereby authorized to issue citations for the commission of city code violations.
(Ord. 2036, passed 52101; Am. Ord. 2061, passed 11402)
(A) There shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city.
(B) The Building Official shall be an ex officio member of and shall act as secretary to the Board, but shall have no vote on any matter before the Board. The Board of Appeals shall be appointed by the Mayor and shall hold office at his or her pleasure.
(C) The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings to the appellant with a duplicate copy to the Building Official.
(D) The Board of Appeals shall have no authority relative to interpretation of the administrative provisions, nor shall the Board be empowered to waive requirements of the state codes.
(Ord. 2036, passed 52101)
The codes which are to be administered and enforced as part of the city's building inspection program shall be adopted by resolution of the council. Codes may be adopted by reference. A copy of the resolutions adopting the code(s) and the code(s) adopted thereby will be kept on file in the Building Department.
(Ord. 2036, passed 52101; Am. Ord. 2061, passed 11402)
Fees for permits issued by the Building Official shall be set by resolution of the Council.
(Ord. 2042, passed 92401; Am. Ord. 2060, passed 81202; Am. Ord. 2061, passed 11402)
(A) No person, firm, or corporation shall move any building or a part of any building within the city without first obtaining a moving permit therefor; provided however, that this section will not apply when moving a building within the confines of a lot or contiguous lots when not necessary to move the same over public property, public streets or alleys, or property belonging to another person firm, or corporation.
(B) In addition to the permit to move the building, the applicant contractor, or owner shall be required to obtain a building permit for any construction required to relocate the building within the city limits, and to bring the construction of the building up to the requirements for a new building in the same location within 60 days from the time that the permit is issued.
(C) The applicant shall at the time of applying for each moving permit, submit to the Building Inspector a letter or other written notification from the public utilities companies and/or others stating that they have been informed and have approved the proposed route. The Building Inspector shall personally examine the route proposed and the application for the permit shall be made at least 48 hours before the proposed moving date, holidays, Saturdays and Sundays excluded.
(Ord. 615, passed 22868) Penalty, see 152.99
Any person desiring a permit required by the preceding section shall file a written application with the Building Inspector, which application shall set forth the size and dimensions of the building to be moved, the time when the applicant desires to move the building, the location of the building, the location to which it will be moved, and shall designate the streets, avenues, or alleys through, over, and along which the building shall be moved and other information as the Building Inspector may require. An inspection fee in an amount established by resolution of the City Council shall be paid at the time of the application on each permit. All permits shall be issued only upon the personal application of the permittee.
(Ord. 615, passed 22868)
The Building Inspector shall inspect the building to be moved, and if he or she finds that the building is of substantial construction and in a condition that it may be moved without collapsing or falling apart and further finds that the building is designed and adaptable for the purpose, use or occupancy to which it is proposed to put the same at the new location, and that it conforms to the requirements of the Building and Zoning codes at the new location, then he or she shall approve the permit application. He or she shall further determine that the applicant has safe and sufficient equipment and facilities for moving the building. In addition the Building Inspector shall require compliance with all provisions of this sub-chapter which are prerequisite to the granting of a moving permit.
(Ord. 615, passed 22868)
(A) Before the permit is issued, the applicant shall file for insurance with an acceptable insurance company with minimum liability insurance, as follows:
(B) The applicant shall post a surety bond in the amount of $10,000 executed by a corporate surety authorized to transact surety business in the state conditioned among other things that the applicant will conform to all requirements relating thereto; that he will promptly repair or pay any and all damages or injury which may result from his moving operations within the city; and to hold the city harmless from any claim or liability by or because of the issuance of a permit.
(Ord. 615, passed 22868) Penalty, see 152.99
The issuing of a moving permit shall not be construed to authorize the holder thereof to move or remove any utility poles, wires, trees, traffic signals or signs or other public or private property without first obtaining permission from the owner thereof. If, in moving a building, damage is inflicted upon any public or private property, repairs or restitution shall be promptly made to the satisfaction of the owner.
(Ord. 615, passed 22868) Penalty, see 152.99
While moving a building, sufficient passage way for vehicles upon one or both sides of the building shall be maintained upon any street, avenue, or alley, or provide a detour which is adequate to handle the existing traffic, and that the detour shall be approved by the Police Department. Movements shall not be permitted during peak traffic hours, during hours of darkness, storm, or unsafe driving conditions.
(Ord. 615, passed 22868) Penalty, see 152.99
Any permit granted hereunder may be cancelled at any time by the granting authority upon proof satisfactory to it that the permittee has violated any of the terms of the permit, or that the permit was obtained through misrepresentation in the application therefor, or when in the judgment of the granting authority the public interest requires cancellation.
(Ord. 615, passed 22868)
(A) Any person who violates any provision of a code administered by the Building Official or any interpretation of such provision by the Building Official commits a Class A violation. In the case of a continuing offense each day's violation constitutes a separate offense.
(B) Any officer, director, shareholder or agent of a corporation or member or agent of a partnership association or limited liability company, who personally participates in or is an accessory to any violation by the partnership association or limited liability company of a provision of a code administered by the Building Official or interpretation issued for the administration and enforcement of those provisions is subject to the penalties prescribed in this section.
(Ord. 615, passed 22868; Am. Ord. 1632, passed 62287; Am. Ord. 2061, passed 11402)
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:
(A) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(B) Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;
(C) Controlling the alteration of natural flood plains, stream channels and natural protective barriers which help accommodate or channel flood waters;
(D) Controlling filling, grading, dredging and other development which may increase flood damage; and
(E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 2167, passed 8-23-10)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff or surface waters from any source.
(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 purpose of this chapter, 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.
(Ord. 2167, passed 8-23-10)
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Ord. 2167, passed 8-23-10)
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study (FIS) for Umatilla County, Oregon and Incorporated Areas, dated September 3, 2010, with accompanying Flood Insurance Rate Maps are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Hermiston City Hall, 180 N.E. 2nd Street, Hermiston, Oregon 97838.
(Ord. 2167, passed 8-23-10)
This chapter is not intended to repeal, abrogate or impair any existing easements, covenant, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, deed restriction or code provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2167, passed 8-23-10)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2167, passed 8-23-10)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2167, passed 8-23-10)
In all areas of special flood hazards, the following standards are required:
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over‑the‑top or frame ties to ground anchors (Reference FEMA's Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques).
(B) Construction material and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(C) Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(D) Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
(E) Review of building permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, as described in ' 153.35, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
(Ord. 2167, passed 8-23-10) Penalty, see ' 153.99
In all areas of special flood hazards where base flood elevations data has been provided as set forth in '' 153.04 or 153.35, the following provisions are required:
(A) Residential construction.
(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above base flood elevation.
(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(B) Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered engineer or architect that the design and methods of construction are in accordance with accepted standards or practices for meeting provisions of this division based on their development and/or review of the structural design, specifications and plans. Certifications shall be provided to the official as set forth in ' 153.35(C)(2);
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in division (A)(2) of this section;
(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level).
(C) Manufactured homes. All manufactured homes to be placed or substantially improved with Zones A1‑30, AH, and AE shall be elevated on a permanent foundation that the lowest floor of the manufactured home is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of ' 153.20(A)(2).
(D) Recreational vehicles. Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 180 consecutive days,
(2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions;
(3) Meet the requirements of division (C) of this section and the elevation and anchoring requirements for manufactured homes; or
(4) Meet all requirements of ' 72.09 of this Code of Ordinances regarding the parking of recreational vehicles outside of recreational vehicle parks.
(E) Critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100‑year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500‑year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. 2167, passed 8-23-10) Penalty, see ' 153.99
Located within areas of special flood hazard established in ' 153.04 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(A) Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(B) If division (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of '' 153.20 through 153.22.
(Ord. 2167, passed 8-23-10) Penalty, see ' 153.99
(A) Designation. The City Manager or his or her designee is hereby appointed to administer and implement floodplain administration and the other standards of this chapter by granting or denying development permit applications in accordance with its provisions.
(B) Duties and responsibilities. Duties of the City Manager or his or her designee shall include but not be limited to:
(1) Permit review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ' 153.22(A) are met.
(2) Use of other base flood data. When base flood elevation data has not been provided in accordance with ' 153.04, the city shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of ' 153.21.
(3) Information to be obtained and maintained.
(a) Where base flood elevation data is provided through the flood insurance study or required as in division (B)(2) above, obtain and record the actual elevation (in relation to mean sea level) of
the lowest habitable floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures:
(4) Alteration of watercourses.
(a) Notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse and submit evidence of notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(5) Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76).
(Ord. 2167, passed 8-23-10)
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in ' 153.04. The permit shall be for all structures including manufactured homes, as set forth in the definitions, and for all other development including fill and other activities, also as set forth in the definitions. Prior to issuance of a development permit the following information is required:
(A) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(B) Elevation in relation to mean sea level to which any structure has been floodproofed;
(C) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in ' 153.21(B); and
(D) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 2167, passed 8-23-10) Penalty, see ' 153.99
(A) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
(B) Any person who violates this chapter or fails to comply with any of its requirements commits a Class A violation for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2167, passed 8-23-10)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. These regulations are to provide for the harmonious development of the city and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the city for adequate open spaces for traffic, recreation, light and air and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or property.
(Ord. 858, passed 4-14-75)
Each subdivider of land shall confer with the city staff before preparing a preliminary subdivision plat or map in order to become thoroughly familiar with the subdivision requirements and with the proposals of the Comprehensive Plan affecting the territory in which the proposed subdivision lies.
(Ord. 858, passed 4-14-75)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
(2) An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning provision; or
(3) A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes provided that the road or right-of-way complies with the Comprehensive Plan and ORS 215.213 (2)(q) through (s).
(Ord. 858, passed 4-14-75; Am. Ord. 1769, passed 9-28-92)
(A) It shall be unlawful for any person being the owner, agent or person having control of any land within the city to divide land by a major or minor partition not in accordance with the laws of the state and the regulations contained herein. The proposed partition shall first be submitted to the Planning Commission for approval or disapproval. After report and approval of the Planning Commission is made and filed, all minor partitions shall be permitted, but all major partitions shall be submitted to the City Council for its approval or disapproval. No plat or map shall be recorded and no lots shall be sold from a plant or map until approved by the City Council and recorded with the county.
(B) The design and layout of all subdivisions shall conform with the requirements of 154.15 through 154.21. The subdivider shall submit a preliminary plat or map in accordance with the specifications of 154.35 hereof. The final plat or map shall be submitted in accordance with the provisions of 154.45 and 154.46 hereof.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
(A) The function, location, width, and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of land to be served by the streets.
(B) The street system shall assure an adequate and safe traffic circulation system with intersection angles, grades, tangents, and curves appropriated for the traffic to be carried, considering the terrain.
(C) Off-set streets should be avoided.
(D) The angle of intersection between minor streets and major streets should not vary by more than 10 degrees from a right angle unless special intersection design is provided.
(E) Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names should be checked to avoid duplication of other street names.
(F) If the subdivision abuts a present or proposed major arterial street, marginal interceptor streets running parallel to the arterial street may be required.
(G) Streets shall be interconnected and provide for continuation or appropriate extension to surrounding properties. Cul-de-sac streets shall be allowed only when one or more of the following conditions exist:
(1) Physical or topographic conditions make a street connection impracticable. Such conditions include but are not limited to freeways, railroads, steep slopes, wetlands, or other bodies of water where a connection could not reasonably be provided.
(2) Buildings or other existing development on adjacent lands physically precludes a connection now or in the future, considering the potential for redevelopment.
(3) Where street connection would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of the date of adoption of the TSP which preclude a required street connection.
(4) Where cul-de-sacs are planned, multi-use paths connection the end of the cul-de-sac to other streets or neighborhood activity centers shall be provided if feasible.
(5) Cul-de-sac streets shall be as short as possible and should not exceed a length of 400 feet. A cul-de-sac shall terminate with a turn-around
(Ord. 858, passed 4-14-75; Am. Ord. 2004, passed 12-13-99)
(A) The width of streets and alleys shall be adequate to fulfill city standards as provided for in the Transportation System Plan (TSP). The standard cross-sections provide some flexibility in the right-of-way and paved width, depending on factors such as whether on-street parking and bike lanes are provided. Standards for streets and alleys are adopted in the TSP and incorporated into this section by reference:
- Table 1: Urban Arterial Cross Sections
- Table 2: Urban Collector Cross Sections
- Table 3: Urban Local Street Cross Sections
- Table 4: Rural Arterial/Collector/Local Road Cross Sections
(B) Where alleys are provided in residential blocks, a minimum width of 20 feet shall be required. Alleys are required in the rear of all business lots and shall be at least 25 feet wide. A five-foot cutoff shall be made at all acute angle alley intersections.
(Ord. 858, passed 4-14-75; Am. Ord. 2004, passed 12-13-99) Penalty, see 154.99
(A) Width requirements. Easements of at least six feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water or other mains. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easement.
(B) Along streams. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or for drainage, parkway or recreational use.
(C) For irrigation. Whenever any irrigation system is located and/or proposed to be created in an area which is being subdivided, the subdivider shall provide an adequate easement as approved by the Planning Commission and the Hermiston Irrigation District.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
(A) In residential zones, block lengths shall not exceed 600 feet in length between intersecting through streets, except where topography or existing development creates conditions requiring longer blocks.
(B) Where block lengths exceed 600 feet, the Planning Commission may required a six to ten-foot wide paved bicycle/pedestrian access way through the block to enhance bicycle and pedestrian circulation by providing short, direct connections between destinations.
(Ord. 858, passed 4-14-75; Am. Ord. 2004, passed 12-13-99)) Penalty, see 154.99
(A) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
(B) All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided.
(C) The minimum width of residential lots shall be 60 feet at the building lines. No lot shall have a depth in excess of three times its width. Minimum sizes of lots shall conform to the standards established by the zoning code of the city for the zone in which the lots are located.
(D) Where corner lots rear upon lots facing the side street, the corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets.
(E) Corner lots at street intersections which, in the opinion of the Planning Commission, are likely to be dangerous to traffic movement shall have the corner of the lot cut off either by a chord or circular arc sufficient to allow a minimum of six feet between the curb line and the lot corner when and if the streets are curbed with the curb installed on a radius of 20 feet.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
(A) The Planning Commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings, control the type of structures or the use of the lots which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property. Deed restrictions or covenants should be included to provide for the proper protection and maintenance of the development in the future; provided, however, that the deed restrictions or covenants shall not contain (reversionary) clauses wherein any lot shall return to the subdivider because of violation thereon of the terms of the restrictions or covenants.
(B) Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, streets, trees or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made by trust agreements made a part of the deed restrictions, acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of the facilities.
(Ord. 858, passed 4-14-75)
In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other common areas for public use so as to conform to any recommendation of the City Comprehensive Plan. Any provision for schools, parks and playgrounds should be indicated on the preliminary plan in order that it may be determined when and in what manner such areas will be provided or acquired by the appropriate taxing agency.
(Ord. 858, passed 4-14-75)
Access spacing policies set forth in the City Transportation System Plan and the Oregon Highway Plan will apply to an proposals for new access or change of existing access.
(Ord. 2004, passed 12-13-99)
(A) Whenever any person desires to subdivide land into building lots and to dedicate streets, alleys or land for public use, the person shall submit four copies of the preliminary sketch plat conforming to the requirements of 154.15 through 154.21 to the Planning Commission before submission of the final plat.
(B) The preliminary plat must be filed with the City Planner at least 30 days prior to the meeting of the Planning Commission. Minor partitions containing three lots or less may be exempted from the provisions of this section.
(C) The preliminary plat shall show:
(1) The location of present property lines, section lines and the lines of incorporated areas, streets, buildings, water courses, tree masses and other existing features within the area to be subdivided and similar information regarding existing conditions on land immediately adjacent thereto;
(2) The proposed location and width of streets, alleys, lots, building and setback lines and easements;
(3) Existing sanitary and storm sewers, water mains, culverts and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat;
(4) The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract;
(5) The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land;
(6) Contours referred to a City Engineer's bench mark with intervals sufficient to determine the character and topography of the land to be subdivided, but in no case shall the intervals be more than one foot;
(7) North point, scale and date;
(8) Grades and profiles of streets and plans or written and signed statements regarding the grades of proposed streets; and the width and type of pavement, location, size and type of sanitary sewer or other sewage disposal facilities; water mains and other utilities; facilities for storm water drainage and other proposed improvements such as sidewalks, planting and parks, and any grading of individual lots; and
(9) All the above information unless waived by the Planning Commission.
(D) After the preliminary plat has been submitted to the Planning Commission in accordance with these regulations, a final plat, together with copies of any deed restrictions, shall be prepared and submitted to the City Planner. The plat shall be filed in the office of the City Planner at least 14 days prior to the meeting of the Planning Commission at which approval thereof is asked. This final plat shall be submitted and prepared in accordance with the provisions of 154.45 through 154.46 hereof.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
The final plat shall be submitted to the City Council in a form as prescribed by the statutes of the state and as acceptable to the city. In addition to the requirements of the law, the subdivider shall provide the city with three prints on transparencies acceptable to the City Planner, and three prints thereof, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat; provided, however, that these transparencies need not be submitted until the final plat has been approved by the City Council.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
The final plat shall show:
(A) The boundary lines of the area being subdivided, with accurate distances and bearings;
(B) The lines of all proposed streets and alleys with their width and names;
(C) The accurate outline of any portions of the property intended to be dedicated or granted for public use;
(D) The line of departure of one street from another;
(E) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names;
(F) All lot lines together with an identification system for all lots and blocks;
(G) The location of all building lines and easements provided for public use, services or utilities;
(H) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/10 of a foot;
(I) All necessary curve data;
(J) The location of all survey monuments and bench marks together with their descriptions;
(K) The name of the subdivision, the scale of the plat, points of the compass, and the name of owners or subdivider;
(L) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown;
(M) Private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat;
(N) Acknowledgement of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required; and
(O) Certificates of approval for endorsement by the City Council and certificate indicating its submission to the Planning Commission, together with approval for endorsement by other local, county and/or state authority as required by Oregon statutes.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
All subdivisions, major partitions and minor partitions are required to be surveyed in accordance with ORS 92.050 through 92.080.
(Ord. 858, passed 4-14-75; Am. Ord. 1769, passed 9-28-92) Penalty, see 154.99
As a condition to the approval of the final plat, the city shall require installation of certain grading, drainage, curb and gutter, sidewalk and street paving and all service utilities. A developer’s agreement shall be drafted guaranteeing installation of said improvements to standard city specifications. In lieu of completion of the work, the city may accept a bond, a letter of credit or other securities in an amount and under conditions to be specified. In case of forfeiture of securities, the city will do the work and will be reimbursed in the amount of the securities.
(Ord. 858, passed 4-14-75; Am. Ord. 1041, passed 3-14-77) Penalty, see 154.99
Where the city public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be planned for connection to the water supply. In all other areas a private water supply shall be provided in accordance with regulations and recommendations of the State Department of Environmental Quality and under the supervision of and approval by same. Fire hydrants shall also be installed in all subdivisions within the city.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
Within the city limits, and in all areas beyond the city limits, but lying within the potential sewerage limits as shown by the Comprehensive Plan, the preliminary plat shall show the sanitary sewer layout for the area being subdivided. This layout shall comply with regulations of the State Department of Environmental Quality and shall be approved by the City Engineer.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
(A) All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot and to maintain any natural water course.
(B) All major and minor partitions of land shall meet the requirements of the National Flood Insurance Act of 1968 and as amended, as applied to lands within the city.
(Ord. 858, passed 4-14-75) Penalty, see 154.99
(A) All development for which land use applications are required must include sidewalks adjacent to public streets. This requirement also applies to new single-family homes and duplexes if there is an existing sidewalk within 500 feet on the same side of the street.
(B) In the case of arterial or collector streets, sidewalks shall be built during their construction and considered during their reconstruction.
(C) If an interim street standard is being constructed which does not include bike lanes or sidewalks, a paved shoulder at least six feet wide shall be provided as an interim walkway.
(D) The provisions of sidewalks may be waived where the street serves fewer than 50 trips per day (based on ITE standards) and cannot be continued or extended to other properties.
(E) Standards for the design, width, and location of sidewalks are set forth in the Transportation System Plan and are adopted by reference.
(Ord. 2004, passed 12-13-99) Penalty, see 154.99
(A) The city’s adopted Bicycle Plan is included in the Transportation System Plan, and adopted as part of the Comprehensive Plan by reference.
(B) In the case of arterial or collector streets, bike lanes shall be built during their construction, and considered during their reconstruction.
(C) Standards for the design, width, and location of bike lanes are set forth in the Transportation System Plan and are adopted by reference.
(Ord. 2004, passed 12-13-99) Penalty, see 154.99
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the City Council may vary or modify requirements so that the subdivider may develop the property in a reasonable manner but so that, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of these regulations preserved.
(Ord. 858, passed 4-14-75)
An action or ruling of the Planning Commission authorized by this chapter may be appealed to the City Council, within ten days after the Planning Commission has rendered its decision, by filing written notice with the City Planner. If no appeal is taken within the ten-day period, the decision of the Planning Commission shall be final.
(Ord. 858, passed 4-14-75)
Any person, firm or corporation violating any of the provisions of this chapter commits a Class A violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punished.
(Ord. 858, passed 4-14-75; Am. Ord. 1632, passed 6-22-87)
This Comprehensive Sign Code has been prepared by and for the citizens of the city in order to provide a safe, consistent, equitable and legal system of signing. The regulations of such factors as size, location, construction, etc., will encourage the communication of information and orientation for both visitors and citizens, provide for the effective identification and advertisement of business establishments, eliminate visual blight and provide standards to safeguard life, health, property and public welfare.
(Ord. 1689, passed 1-8-90)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1689, passed 1-8-90; Am. Ord. 1930, passed 6-9-97)
No signs governed by the provisions of this chapter, shall be erected, structurally altered or relocated without first receiving a sign permit from the city.
(Ord. 1689, passed 1-8-90) Penalty, see 155.99
All signs shall comply with the following requirements and those specified by zoning district:
(A) Construction shall satisfy the requirements of the Uniform Sign Code.
(B) Electrical requirements for signs shall be governed by the National Electrical Code and Oregon Electrical Specialty Code Amendments.
(C) Except for exempt signs, all signs shall be permanently attached to a building or the ground.
(D) All signs shall conform to all vision clearance requirements.
(E) All signs together with their supports, braces and guys shall be maintained in a safe and secure manner.
(F) All illuminated signs shall be internally or indirectly illuminated.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
The following signs shall be exempt from the application, permit and fee requirements of this chapter:
(A) Impermanent construction and subdivision signs not exceeding 32 square feet in area;
(B) Directional, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority;
(C) Historical site plaques;
(D) Incidental signs;
(E) Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice;
(F) Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations and flags of internationally and nationally recognized organizations;
(G) On-premise signs not readable from the public right-of-way, i.e., menu boards, etc.;
(H) Political signs, provided the signs shall not exceed four square feet in area;
(I) Real estate signs not exceeding four square feet in area in residential districts or 32 square feet in commercial or industrial districts;
(J) Residential identification signs;
(K) Structures intended for a separate use such as phone booths, Goodwill containers, etc.;
(L) Temporary signs;
(M) Wall signs less than one inch deep with no electrical permits required; and
(N) Window signs.
(Ord. 1689, passed 1-8-90)
The following signs are prohibited:
(A) Flashing and moving signs, except time and temperature;
(B) Portable signs;
(C) Sandwich (“A”) board;
(D) Signs attached to utility, streetlight, or traffic control standard poles or otherwise located in the public right-of-way without a permit;
(E) Signs in a dilapidated or hazardous condition;
(F) Signs on doors, windows or fire escapes that restrict free ingress or egress;
(G) Signs which purport to be, are an imitation of or resemble an official traffic sign or signal, could cause confusion with any official sign, or which obstruct the visibility of any traffic sign or signal; and
(H) Swinging projecting signs.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
All free-standing signs shall comply with the following provisions:
(A) One free-standing sign shall be permitted along each street frontage, or each 300 feet of street frontage, with one additional free-standing sign allowed on the property.
(B) A free-standing sign shall be placed behind the property line and no closer than ten feet to any adjacent private property line.
(C) Free-standing signs may project over the public property line provided they conform to the standards established for projecting signs.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
All projecting signs shall comply with the following provisions:
(A) No projecting sign shall extend above the highest structural component of the building to which it is attached.
(B) Signs over the public right-of-way, including free-standing signs, shall conform to the following standards:
(C) No sign shall project within two feet of a curb line.
(D) In addition, no sign or sign structure shall project into any public alley below a height of 14 feet above grade, nor project more than 12 inches where the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into the public alley where the sign or sign structure is located more than 16 feet above grade.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
All roof signs shall comply with the following provisions:
(A) All roof signs shall be installed or erected in such a manner that no support structure is visible from any abutting public right-of-way.
(B) Roof signs may be erected so as to appear from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building itself.
(C) Roof signs shall not exceed the maximum allowable height of the building within the zone in which it is located.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
All wall signs shall conform to the following provisions:
(A) Wall signs may be attached flat to, or pinned away from the wall, but shall not project more than 12 inches from the wall.
(B) For proposes of this chapter, wall signs shall be exempt from the area limitations in calculating allowable sign area.
(C) Wall signs shall not extend above the height of the wall to which it is attached.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
(A) Alteration, relocation or replacement. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter.
(B) Destruction of a nonconforming sign. If a nonconforming sign is destroyed by any cause to the extent of more than 60% of its value, then and without further action by the Planning Commission, the sign shall be subject to all applicable regulations of the chapter. For the purpose of this chapter, the value of any sign shall be the estimated cost to replace the sign in kind, as determined by the Building Inspector.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
If, at the time of passage of this chapter, a sign does not conform to the provisions of this chapter, the sign may be continued and maintained in reasonable repair. This “grandfather status,” however, shall not prevent the city from taking action under §155.51 where a clear and immediate threat to the public safety and welfare exist.
(Ord. 1689, passed 1-8-90)
A fee as established by resolution of the City Council shall be charged for all regulated signs erected within the city. The fee may be changed or reset by resolution of the City Council.
(Ord. 1689, passed 1-8-90)
(A) Application. This section shall apply to all residential districts designated as Low Density Residential (R-1) and Medium Density Residential (R-2).
(B) Size and height. One nameplate or identification sign with a maximum of two faces not exceeding two square feet per face per dwelling unit is permitted. Uses allowed conditionally may be allowed to erect one sign per street frontage not to exceed 32 square feet.
(C) Location. Signs permitted outright in the R-1 and R-2 districts may be located anywhere on the premises; however, no free-standing sign may exceed eight feet in height or project beyond a property line. Building-mounted signs shall be wall-mounted and shall not be erected on any building roof.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
(A) Application. This section shall apply to all residential districts designated as Multi-Family Residential (R-3) and Multi-Structure Residential (R-4).
(B) Size and height. Signs permitted in the R-1 and R-2 districts are permitted in the R-3 and R-4 zones. For multiple-family dwellings, permitted mobile home parks and conditional uses in the R-3 and R-4 zones, one identification sign totaling 32 square feet in area shall be permitted for each street frontage.
(C) Location. Signs permitted in these residential districts may be located anywhere on the premises; however, no free-standing sign shall exceed eight feet in height or extend beyond a property line. Building-mounted signs shall be wall-mounted and shall not be erected on any building roof.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
(A) Application. This section shall apply to all commercial, industrial and airport districts.
(B) Size. The size of allowable area of signs shall be as follows:
(1) A total sign area of 1½ square feet for each lineal foot of building frontage or one square foot for each lineal foot of lot frontage, whichever results in the larger sign area.
(2) Free-standing or projecting signs shall be limited to 150 square feet per face. The signs shall not exceed 30 feet in height from grade to the highest element of the signs unless otherwise restricted.
(C) Location.
(1) Except as provided in division (2) below, permitted signs may be located anywhere on the premises.
(2) Where frontage is on more than one street, only the sign computed with the frontage of that street shall be located on that street. Free-standing or projecting signs shall be turned no more than 44 degrees from the street for which it is calculated.
(D) Plaza concept. So long as two or more commercial or industrial uses share common accesses and common private off-street parking, they may be considered as a “plaza” concept. As such, one free-standing sign meeting all chapter requirements may be permitted to identify individual uses.
(Ord. 1689, passed 1-8-90; Am. Ord. 1930, passed 6-9-97) Penalty, see 155.99
Within neighborhood and regional shopping centers, each individual business shall be allowed a total sign area as calculated in accordance with §155.37(B).
(Ord. 1689, passed 1-8-90)
In addition to the sign area allowed for individual businesses, shopping centers with more than 100,000 square feet of floor area shall be allowed one double-faced indirectly lighted sign on each street right-of-way such signs shall neither extend beyond the property line nor be placed in the right-of-way and shall be used solely to identify the shopping center, shopping area, or business or activities conducted therein. These signs shall not exceed 300 square feet per face and shall not exceed 30 feet in height from grade to the highest element of the sign.
(Ord. 1689, passed 1-8-90)
The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purpose of this chapter.
(A) Granting of variances. No variance shall be granted unless it can be shown that all of the following conditions exist:
(1) Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography or other circumstances over which the applicant has no control.
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity.
(3) The authorization of the variance shall not be materially detrimental to the purposes of this chapter, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy.
(4) The variance requested is the minimum variance from the provisions and standards of this chapter which will alleviate the hardship.
(B) Application for a variance. A property owner or his authorized agent may initiate a request for a variance or the modification of an existing variance by filing an application with the city using forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed sign(s). The Planning Commission may require other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established at the time the application is filed.
(C) Public hearing on variance. Before the Planning Commission may act on a request for a variance, it shall hold a public hearing. The hearing shall be held within 40 days after the application is filed. The City Planner shall give notice of the hearing in the following manner:
(1) Notice of the hearing shall be published in a newspaper of general circulation in the city not less than five days nor more than 20 days prior to the date of the hearing.
(2) Not less than ten days prior to the date of the hearing, notices shall be mailed to all property owners within the area enclosed by lines parallel to an 300 feet from the exterior boundaries of the property involved. The names and addresses of property owners shall be those shown in the records of the County Assessor. Failure to send notice to a person specified in this section or failure of a person to receive the notice shall not invalidate the proceedings in connection with the application for a variance.
(D) Notification of action. Within five days after a decision has been rendered, the City Planner shall provide the applicant with written notice of the city's action on the request for a variance.
(Ord. 1689, passed 1-8-90)
(A) Any sign which is not in compliance with all the provisions of this chapter is an unlawful sign and declared to be a public nuisance.
(B) The city may order the removal of any sign erected or maintained in violation of this chapter. It shall give 24 hours notice in writing to the owner of the sign, or of the building structure, or premises on which the sign is located, to remove the sign or bring it into compliance.
(C) The city may remove a sign immediately and without notice if, in its opinion, the condition of the sign is such as to present an immediate threat to the safety of the public, and is hereby authorized to take such steps as may be necessary to remove the sign. Neither the city nor any of its agents shall be liable for any damage to the sign.
(Ord. 1689, passed 1-8-90) Penalty, see §155.99
(A) The violation of or failure to comply with any of the provisions of this chapter or the erection, use or display or the allowing of, the permitting of, or the suffering of the erection, use or display of any sign not in compliance with all the provisions of this chapter is unlawful and is a Class A violation. The violator shall be required to remove the sign or to take other action as shall be determined by the court to be necessary to bring the sign into compliance with the provisions of this chapter.
(B) The remedies provided in this section for violations of or failure to comply with provisions of this chapter shall be cumulative and shall be in addition to any other remedy provided by law.
(Ord. 1689, passed 1-8-90)
The several purposes of this chapter are to encourage the most appropriate use of land by the development of a new Comprehensive Plan meeting the requirements of state statutes governing land use planning; to encourage the orderly growth of the city; to facilitate adequate provisions for community utilities, facilities and other public requirements; to establish with Umatilla County a management agreement for land use within the established urban growth boundaries; and in general to promote public health, safety, convenience and general welfare.
(Ord. 1505, passed 4-9-84)
(A) Pursuant to ORS Chapters 92, 197, 215 and 227, the Statewide Planning Goals, and in coordination with Umatilla County and other affected governmental units, the city hereby adopts the August 1983 City of Hermiston Comprehensive Plan as amended.
(B) The August 1983 City of Hermiston Comprehensive Plan as amended by Ordinance No. 1520, passed July 9, 1984, as amended by Ordinance No. 1563, passed April 22, 1985, is on file at the office of the Finance Director/Recorder for public reference. Ordinances that amend the Comprehensive Plan Map are listed in the ordinance disposition table and also are on file in the Finance Director/Recorder's office.
(Ord. 1505, passed 4-9-84)
(A) The technical report provides the background information, facts and considerations upon which the city's Comprehensive Plan, policies and map are based. The city hereby adopts by reference the following study documents: Regional Water System Feasibility Study for Hermiston-Boardman, Oregon, prepared by Futrell-Redford-Saxton and also Wallulis and Associates dated December 1974; The Greater Hermiston Regional Water Facility Plan prepared by Jones Associates dated April 1975; Regional and Local Water Resources for the City of Hermiston prepared by Wallulis and Associates dated September 1976; The Hermiston Water Study prepared by Wallulis and Associates dated January 1982; Hermiston Sewer Facilities Plan, Parts I and II, prepared by Stevens, Thompson and Runyan dated January and May 1976; Hermiston Airport Master Plan prepared by Stevens, Thompson and Runyan dated November 1975 and the Airport Plan Update prepared by Belltran dated January 1981; the Hermiston Park Master Plan prepared by Kramer, Chin and Mayo dated June 1981.
(B) The technical report is not adopted as part of the plan but remains the supporting document that is subject to revision as new technical data becomes available. When new data indicates that the city's plan should be revised, amendments shall be made as provided in 156.07.
(Ord. 1505, passed 4-9-84)
All plan implementation measures, including but not limited to the city zoning code, subdivision ordinance, annexation procedures ordinance and Urban Growth Area Joint Management Agreement between the city and Umatilla County, shall be consistent with and subservient to the city's Comprehensive Plan.
(Ord. 1505, passed 4-9-84)
After the city's Comprehensive Plan receives an acknowledgement of compliance from the Oregon Land Conservation and Development Commission, the Comprehensive Plan and implementation measures shall be available for use and inspection at the Hermiston City Hall, Hermiston Public Library, Umatilla County Planning Department in Pendleton, East Central Oregon Association of Counties office in Pendleton and the Department of Land Conservation and Development in Salem.
(Ord. 1505, passed 4-9-84)
The statements of goals and policies provide a general long-range basis for decision-making relative to the future growth and development of the city. The goals are patterned after and are in direct response to applicable statewide planning goals. The policy statements set forth a guide to courses of action which are intended to carry out the goals of the plan and present a clear picture of the city's position on matters pertaining to physical improvements and development within the city Urban Growth Boundary. Furthermore, policies and statements contained within the city's Comprehensive Plan which address lands outside the city's urban growth boundary shall be construed as recommendations to Umatilla County and shall in no way be binding upon the county.
(Ord. 1505, passed 4-9-84)
(A) The Comprehensive Plan and implementation measures shall be reviewed at least annually to determine conformity with changes in:
(1) The Oregon Revised Statutes;
(2) Oregon Case Law;
(3) Oregon Statewide Planning Goals;
(4) Requirements of the city;
(5) Needs of residents or landowners within the city and urban growth area; and
(6) Concerns of Umatilla County and other affected governmental units.
(B) If the Comprehensive Plan, implementation measures or both fail to conform to any or all of the above mentioned criteria, the nonconforming document(s) shall be amended as soon as practicable.
(Ord. 1505, passed 4-9-84)
After the Planning Commission and City Council determine that proposed amendments should be considered, amendment of the Comprehensive Plan shall be based on the following procedure and requirements:
(A) A public hearing date and notice thereof through a newspaper of general circulation in the city at least ten days prior to the hearing;
(B) Copies of proposed amendments shall be made available for review at least ten days prior to the Planning Commission hearing;
(C) After the close of the public hearing, the Planning Commission shall make findings of fact and recommend to the City Council adoption, revision or denial of the proposed amendments;
(D) Upon receipt of the Planning Commission recommendation, the City Council shall set a public hearing date and give notice thereof through a newspaper of general circulation in the city at least ten days prior to the hearing;
(E) Copies of proposed amendments and the Planning Commission recommendation shall be made available for review at least ten days prior to the City Council hearing;
(F) After the close of the public hearing, the City Council shall make findings of fact and adopt, adopt with changes or deny the proposed amendments. Adoption is contingent upon:
(1) City adoption is final in the case of amendment to the plan map for the area within the city limits;
(2) County adoption in the case of amendment to plan policies or the plan map for the urban growth area; or
(3) County adoption and LCDC approval in the case of amendment to plan goals or urban growth boundary location.
(G) Copies of the plan amendments adopted by the city shall be sent to Umatilla County and the LCDC.
(Ord. 1505, passed 4-9-84)
(A) The City Transportation System Plan (TSP) is adopted by reference as the Transportation Element of the City Comprehensive Plan. The TSP will guide transportation planning within the city’s urban growth boundary (UGB). The city will base its transportation policies, actions, and investments on the adopted TSP.
(B) (1) Compliance with Planning Rule. The city will comply with the requirements of the Transportation Planning Rule with the adoption of the Transportation System Plan and related amendments to implementing ordinances.
(2) Notice and coordination. The city will notify and coordinate with all appropriate local, state, and federal agencies and transportation interest groups when a land use application is submitted and potentially impacts a transportation facility. Notification will help identify agency standards and provide an opportunity for agency input to the local land use decision process.
(3) Protection of transportation facilities. The function of existing and planned roadways will be protected through the application of appropriate access management measures as identified in the adopted TSP. These measures will be coordinated with ODOT access management standards.
(4) Conformance to adopted TSP. All plan map and zone changes shall conform to the adopted TSP. Proposed amendments shall not substantial impact the functional classification or operation of transportation facilities. To ensure proper review and mitigation, a traffic impact study may be required for proposals that may impact transportation facilities.
(5) Connected street network. The city will support and develop a connected network of streets, accessways, and other improvements, including bikeways, sidewalks, and safe street crossings, to promote safe and convenient bicycle and pedestrian circulation within the community.
(Ord. 2002, passed 12-13-99)
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)
For the purpose of this chapter, the city is divided into zones designated as follows:
(Ord. 1840, passed 22894)
The location of boundaries of the zones designated in 157.015 are hereby established as shown on the map entitled Zoning Map of the City of Hermiston, dated with the effective date of this chapter and signed by the Mayor and Finance Director/Recorder, and hereafter referred to as the “Zoning Map.” The signed copy of the zoning map shall be maintained on file at city hall and is hereby made a part of this chapter.
(Ord. 1840, passed 22894)
(A) Uses permitted outright. In a R-1 zone, only the following uses and their accessory uses are permitted outright:
(1) Single-family dwelling;
(2) Residential care home;
(3) Home occupations;
(4) Accessory structures;
(5) Family day care provider;
(6) Manufactured dwelling placed on an individual lot outside of a manufactured dwelling park and subject to requirements of 157.144. This requirement shall not be construed as abrogating a recorded restrictive covenant; and
(7) Utility facilities as defined in 157.143.
(B) Conditional uses permitted. In a R-1 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of§ 157.205 through 157.210 of this chapter:
(1) Cemetery;
(2) Church;
(3) Community building;
(4) Day care home;
(5) Golf course and other open land recreational use, but excluding intensive commercial amusement use such as “pitch and putt” golf course, driving range, automobile race track or amusement park;
(6) Governmental structure or land use including but not limited to a public park, playground, recreational building, fire station, library, museum, or civic center;
(7) Hospital or nursing home;
(8) Mortuary;
(9) Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities; and
(10) Schools: nursery or preschool, primary, elementary, junior or senior high, college.
(C) Lot size. In a R-1 zone, the lot size shall be as follows:
(1) The minimum lot area shall be 9,000 square feet;
(2) The minimum lot depth shall be 80 feet; and
(3) The minimum lot width shall be 60 feet and 25 feet for cul-de-sac lots.
(D) Setback requirements. Except as provided in 157.140 of this chapter, in a R-1 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 20 feet, measured from the foundation.
(2) Each side yard shall be a minimum of seven feet, measured from the foundation, except that on corner lots, the side yard on the street side shall be a minimum of ten feet measured from the foundation.
(3) The rear yard shall be a minimum of ten feet, measured from the foundation. However, for any structure exceeding 15 feet in height, the rear yard shall be increased one foot, up to a maximum of 25 feet, for every foot, or fraction thereof, above 15 feet.
(E) Heights of buildings. In a R-1 zone, no building shall exceed a height of 35 feet.
(F) Lot coverage. In a R-1 zone, buildings shall not occupy more than 30% of the lot area.
(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07) Penalty, see 157.999
(A) Uses permitted outright. In a R2 zone, only the following uses and their accessory uses are permitted outright:
(1) A use permitted in the R1 zone; and
(2) Two-family dwelling.
(B) Conditional uses permitted. In a R2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) A use permitted as a conditional use in a R1 zone;
(2) Beauty salon and barber shop with less than 2,500 gross square feet;
(3) Bed and breakfast, boarding, lodging or rooming house;
(4) Multiplefamily dwelling;
(5) Neighborhood grocery, drug or convenience store which serves the immediate neighborhood and with less than 4,000 gross square feet;
(6) Planned unit development; and
(7) Residential care facility.
(C) Lot size. In a R2 zone, the minimum lot size shall be as follows:
(1) The minimum lot area for singlefamily dwellings shall be 7,500 square feet;
(2) The minimum lot area for twofamily dwellings shall be 9,000 square feet;
(3) The minimum lot area for multiplefamily dwellings shall be 9,000 square feet plus 1,500 square feet for each dwelling unit over two;
(4) The minimum lot depth shall be 80 feet; and
(5) The minimum lot width shall be 60 feet and 25 feet for culdesac lots.
(D) Setback requirements. Except as provided in 157.140 of this chapter, in a R2 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 20 feet, measured from the foundation.
(2) Each side yard shall be a minimum of seven feet, measured from the foundation, except that on corner lots, the side yard on the street side shall be a minimum of ten feet measured from the foundation.
(3) The rear yard shall be a minimum of ten feet, measured from the foundation. However, for any structure exceeding 15 feet in height the rear yard shall be increased one foot, up to a maximum of 25 feet, for every foot, or fraction thereof, above 15 feet.
(E) Height of buildings. In a R2 zone, no building shall exceed a height of 35 feet.
(F) Lot coverage. In a R2 zone, buildings shall not occupy more than 35% of the lot area.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In a R3 zone, only the following uses and their accessory uses are permitted outright:
(1) A use permitted in the R2 zone;
(2) Bed and breakfast, boarding, lodging or rooming house;
(3) Multiplefamily dwelling; and
(4) Residential care facility.
(B) Conditional uses permitted. In a R3 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) A conditional use permitted in a R2 zone except bed and breakfast, boarding, lodging or rooming house and residential care facility which are outright uses in this zone;
(2) Art, music and photographic studio with less than 4,000 gross square feet;
(3) Doctor prescribed medical products sales with less than 4,000 gross square feet;
(4) Manufactured dwelling park meeting requirements of 157.146; and
(5) Office for an accountant, architect, attorney, chiropractor, optician, engineer, family counselor, psychiatrist, dentist or doctor, and clinic, with less than 4,000 gross square feet.
(C) Lot size. In a R3 zone, the lot size shall be as follows:
(1) The minimum lot area for singlefamily dwellings shall be 6,000 square feet for an interior lot and 7,000 square feet for a corner lot;
(2) The minimum lot area for twofamily dwellings shall be 7,000 square feet for an interior lot and 8,200 square feet for a corner lot;
(3) For multiplefamily dwellings, the minimum lot area shall be 7,500 square feet or 2,000 square feet per dwelling unit, whichever is greater;
(4) The minimum lot width at the front building line shall be 60 feet for an interior lot, 70 feet for a corner lot, and 25 feet for culdesac lots; and
(5) The minimum lot depth shall be 80 feet.
(D) Setback requirements. Except as provided in 157.140 of this chapter, in a R3 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 20 feet measured from the foundation;
(2) Each side yard shall be a minimum of seven feet, measured from the foundation, except that on corner lots, the side yard on the street side shall be a minimum of ten feet measured from the foundation; and
(3) The back yard shall be a minimum of ten feet, measured from the foundation. However, for any structure exceeding 15 feet in height, the rear yard shall be increased one foot, up to a maximum of 25 feet, for every foot, or fraction thereof, above 15 feet.
(E) Height of buildings. In a R3 zone, no buildings shall exceed a height of 35 feet.
(F) Lot coverage. In a R3 zone, the building shall not occupy more than 35% of the lot area.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In a R4 zone, the following uses and their accessory uses are permitted outright:
(1) A use permitted in the R3 zone; and
(2) Manufactured dwelling park subject to requirements of 157.145.
(B) Conditional uses permitted. In a R4 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) A conditional use permitted in a R3 zone except manufactured dwelling park which is an outright permitted use in this zone; and
(2) Recreational vehicle park subject to requirements of 157.146.
(C) Lot size. In a R4 zone, the lot size shall be as follows:
(1) The minimum lot area for singlefamily dwellings shall be 6,000 square feet for an interior lot and 7,000 square feet for a corner lot;
(2) The minimum lot area for twofamily dwellings shall be 7,200 square feet for an interior lot and 8,200 square feet for a corner lot;
(3) For multiplefamily dwellings, the minimum lot area shall be 7,500 square feet or 2,000 square feet per dwelling unit, whichever is greater;
(4) The minimum lot area for manufactured dwelling parks shall be as five acres;
(5) The minimum lot width at the front building line shall be 60 feet for an interior lot, 70 feet for a corner lot, and 25 feet for culdesac lots; and
(6) The minimum lot depth shall be 80 feet.
(D) Setback requirements. Except as provided in 157.140 of this chapter, in a R4 zone the yards shall be as follows:
(1) The front yard shall be a minimum of 20 feet, measured from the foundation;
(2) Each side yard shall be a minimum of seven feet, measured from the foundation, except that on corner lots, the side yard on the street side shall be a minimum of 10 feet measured from the foundation; and
(3) The back yard shall be a minimum of ten feet, measured from the foundation. However, for any structure exceeding 15 feet in height, the rear yard shall be increased one foot, up to a maximum of 25 feet, for every foot or fraction thereof above 15 feet.
(E) Height of buildings. In a R4 zone, no buildings shall exceed a height of 35 feet.
(F) Lot coverage. In a R4 zone, the buildings shall not occupy more than 35% of the lot area.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In an RR zone, the following uses and their accessory uses are permitted outright:
(1) A use permitted outright in the R 3 zone;
(2) Attached single family dwellings;
(3) Public recreational and accessory uses intermingled with residential development. Uses permitted include a golf course, other recreational uses, and uses accessory to such uses including but not limited to restaurants associated with such recreational use or uses, club house, driving range, putting greens, pro shop, meeting facilities, swimming pools, tennis courts, snack shop, walking paths and jogging/bike trails; and
(4) Recreational vehicle storage for use by residents of the Recreational Residential zone development within which the storage facility is located.
(B) Lot size. In an RR zone, the lot size shall be as follows:
(1) The minimum lot area for single family detached dwellings shall be 6,000 square feet for an interior lot and 7,000 square feet for a corner lot;
(2) The minimum lot area for two family dwellings shall be 7,200 square feet for an interior lot and 8,200 square feet for a corner lot;
(3) For multiple family dwellings designed as other than two family dwellings, the minimum lot area shall be 7,500 square feet or 2,000 square feet per dwelling unit, whichever is greater;
(4) For attached single family dwellings, the minimum lot area shall be 1,800 square feet per dwelling unit;
(5) For single family detached and for multi family dwellings, the minimum lot width at the front building line shall be 50 feet for an interior lot, 60 feet for a corner lot, and 25 feet for cul de sac lots;
(6) For attached single family dwellings, the minimum lot width at the front building line shall be 20 feet; and
(7) The minimum lot depth shall be 60 feet.
(C) Setback requirements. Except as provided in ' 157.140 of this chapter, in an RR zone the yards shall be as follows:
(1) For detached single family and multi family development, the front yard shall be a minimum of 20 feet measured from the foundation;
(2) For attached single family residential development, the front building setback shall be a minimum of 15 feet from the foundation;
(3) For detached single family and multi family development, each side yard shall be a minimum of seven feet, measured from the foundation, except that on corner lots, the side yard on the street side shall be a minimum of 10 feet measured from the foundation;
(4) For attached single family, the side yard of the end units shall be a minimum of five feet; and
(5) The back yard shall be a minimum of ten feet, measured from the foundation.
(D) Height of buildings. In an RR zone, no residential buildings shall exceed a height of 40 feet.
(E) Lot coverage. In an RR zone, detached single family and multi family residential buildings shall not occupy more than 35% of the lot area.
(Ord. 2098, passed 12 13 04)
(A) Uses permitted outright. In a C1, only the following uses and their accessory uses are permitted outright:
(1) Automobile, boat or trailer sales show room;
(2) Bakery;
(3) Bank, loan company or similar financial institution;
(4) Barber shop;
(5) Beauty shop;
(6) Bicycle shop;
(7) Blueprinting, photostating or other reproduction;
(8) Book or stationery store or newsstand;
(9) Bookbinding;
(10) Building supply with no outside storage;
(11) Bus station;
(12) Business machines, retail and service;
(13) Catering establishment;
(14) Church;
(15) Clinic;
(16) Clothes, cleaning or laundry agency;
(17) Clothing store or tailor shop;
(18) Club, lodge, union or fraternal organization;
(19) Cocktail lounge or tavern;
(20) Confectionery store, including soda fountain;
(21) Curtain or drapery store;
(22) Dancing school, music studio or instructional classes;
(23) Delicatessen;
(24) Drug store, pharmacy;
(25) Dry cleaning, or pressing, except those using highly volatile or combustible materials or using high pressure steam tanks or boilers;
(26) Dry goods, millinery or dress shop;
(27) Electrical supply store;
(28) Feed and seed store;
(29) Floor covering sales and service;
(30) Florist shop;
(31) Food store;
(32) Frozen food lockers, retail only;
(33) Furniture store;
(34) Garden store;
(35) Gift, hobby or art shop;
(36) Grocery store, includes convenience store, minimarket;
(37) Hardware store;
(38) Health studio, physical therapist, reducing salon;
(39) Hotel;
(40) Jewelry store, including repairing;
(41) Leather goods sales, including harness and saddle shop;
(42) Locksmith;
(43) Magazine or newspaper distribution agency;
(44) Meat market, retail only;
(45) Newspaper publishing;
(46) Notions or variety store;
(47) Office, business or professional;
(48) Office supplies;
(49) Paint store, including related contractor shop;
(50) Parking lot or garage;
(51) Pawn shop;
(52) Pet shop, includes animal grooming but not overnight boarding or kennel;
(53) Printing plant;
(54) Radio or television sales and service;
(55) Restaurant or hotel supply;
(56) Restaurant or tea room;
(57) Retail store;
(58) Scientific or professional instrument sale or repair;
(59) Secondhand store;
(60) Selfservice laundry;
(61) Shoe store or shoe repair shop;
(62) Storage building for household goods in conjunction with retail sales;
(63) Studioart, music and photography;
(64) Telephone or telegraph building;
(65) Theater, except drivein theater;
(66) Upholstery shop, but excluding operations in mattress and upholstery refinishing where cyanide or other highly toxic material is used; and
(67) Wholesale office or show room with merchandise on the premises limited to small items and samples.
(B) Conditional uses permitted. In a C1 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) Auditorium, exhibition hall or other public assembly room;
(2) Automobile service station including minor automobile repairs but excluding body and fender work, or painting;
(3) Community building;
(4) Day care home or nursery;
(5) Drivein establishment offering goods or services to customers waiting in parked motor vehicles, except drivein theater;
(6) Government structure or land use including but not limited to a public park, playground, recreational building, fire station, library or museum;
(7) Hospital or nursing home;
(8) Mortuary;
(9) Motel;
(10) Multiplefamily dwelling;
(11) Planned unit development;
(12) Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities;
(13) Public utilities including wells, water storage tanks and sanitary sewer pump stations; and
(14) Schools: Preschool, primary, elementary, junior or senior high, college.
(C) Setback requirements. Except as provided in 157.140, in a C1 zone no yard or vision clearance area shall be required except as follows:
(1) The front yard shall be a minimum of 20 feet measured from the foundation where abutting a residential zone;
(2) The side yard shall be minimum of 20 feet measured from the foundation where abutting a residential zone;
(3) The rear yard shall be a minimum of 25 feet measured from the foundation where abutting a residential zone; and
(4) All properties facing E. Main street from 3rd street to 7th street shall have a twofoot building setback from their front property line.
(D) Height of buildings. In a C1 zone within 150 feet of a residential zone, no building shall exceed 35 feet in height.
(E) Restrictions on use. In a C1 zone, the following conditions and restrictions shall apply:
(1) All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed building, except for offstreet parking and loading, drivein windows, island service for motor vehicles and display of merchandise along the outside wall of the building not extending more than three feet from the wall, unless conducted as part of a special event and authorized by the City Council;
(2) All items produced or wares and merchandise handled shall be sold at retail on the premises except in the case of 157.040 (A);
(3) Where there are existing residential dwellings, they and their accessory uses may be maintained, expanded or reconstructed in conformance with the development standards of the R3 zone; and
(4) Residential uses shall not be allowed on the ground floor of commercial buildings in the C1 zone.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In a C2 zone, only the following uses and their accessory uses are permitted outright:
(1) A use permitted outright in a C1 zone;
(2) Amusement enterprise, including pool hall, bowling, dancing hall, skating rink, when enclosed in a building;
(3) Auditorium, exhibition hall or other public assembly room;
(4) Automobile, boat or trailer sales, rental, service and repair;
(5) Automobile service station;
(6) Automobile laundry;
(7) Day care home or nursery;
(8) Mortuary, undertaking or funeral parlor;
(9) Motel;
(10) Recreational vehicle park subject to requirements of 157.147;
(11) Taxidermy shop; and
(12) Tire shop, including tire recapping.
(B) Conditional uses permitted. In a C2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) Amusement enterprise not enclosed in a building including, but not limited to, “pitch and putt” golf course, driving range, archery range, automobile race track and drivein theater;
(2) Caretaker's residence subject to the following conditions:
(a) Residence shall be a manufactured dwelling complying with the 1976 HUD codes and shall be skirted;
(b) The residence shall be furnished with all utilities including telephone;
(c) The facility shall be set back from all streets as far as practical and still be in conformance with the setback requirements as established in the Uniform Building Code;
(d) The caretaker's residence shall be allowed only in conjunction with a business which requires the outside storage or display of wares and shall be removed within 30 days following the discontinuance of the business enterprise; and
(e) All uses shall be subject to annual review by the commission and may be removed upon direction of the Commission for violation of these conditions.
(3) Community building;
(4) Drivein establishment offering goods or services to customers waiting in parked motor vehicles, except drivein theater;
(5) Government structure or land use including but not limited to a public park, playgrounds recreational building, fire station, library or museum;
(6) Hospital or nursing home;
(7) Planned unit development;
(8) Preschool, primary, elementary, junior or senior high, college;
(9) Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities; and
(10) Public utilities including wells, water storage tanks and sanitary sewer pump stations.
(C) Restrictions on use. In a C2 zone, the following conditions and restrictions shall apply:
(1) Where there are existing residential dwellings, they and their accessory uses may be maintained, expanded or reconstructed in conformance with the development standards as established in the R3 zone.
(2) The outside storage of junk shall be contained entirely within a sightobscuring fence when adjacent to a residential use of property.
(D) Setback requirements. Except as provided in 157.140, in a C2 zone the yards shall be as follows:
(1) The setback from any street shall be 20 feet. However, if solid ground cover landscaping is provided and maintained, the setback from a street may be reduced to ten feet;
(2) The side yard shall be a minimum of 20 feet measured from the foundation where abutting a residential zone; and
(3) The rear yard shall be a minimum of 25 feet measured from the foundation where abutting a residential zone.
(E) Height of buildings. In a C2 zone, no building shall exceed a height of 35 feet.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In a M1 zone, only the following uses and their accessory uses are permitted outright:
(1) Cabinet, carpenter or woodworking shop;
(2) Compounding, packaging or storage of cosmetics, drugs, perfumes, pharmaceuticals, soap or toiletries, but not including processes involving refining or rendering of fats and oils;
(3) Dwelling for caretaker or night watchman on the property;
(4) Freight depot;
(5) Ice or cold storage plant;
(6) Kennel;
(7) Laboratory for research or testing, but not including the testing of combustion engines;
(8) Laundry, dry cleaning or dyeing establishment;
(9) Lumber yard, building supply outlet;
(10) Machinery or equipment sales, services or storage;
(11) Manufacture, repair or storage of articles from the following previously prepared materials: bone, cellophane, cloth, cork, feathers, felts, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious stone or metal, shell, textiles, wax, wire or yarn;
(12) Manufacture, repair or storage of ceramic products, musical instruments, novelties, rubber or metal stamps, toys, optical goods, engineering, scientific or precision instrument, medical or dental supplies or equipment, electronic supplies or equipment, industrial or business machines, aircraft parts and equipment, luggage, photographic equipment or small pleasure boats;
(13) Ministorage;
(14) Motor vehicle body shop, tire shop or similar repair service;
(15) Plumbing, heating, electrical or paint contractor's sales, repairs or storage;
(16) Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities;
(17) Processing, packaging or storage of food or beverages, but not including processes involving distillation, fermentation, slaughtering or rendering of fats and oils;
(18) Public utilities including wells, water storage tanks and sanitary sewer pump stations;
(19) Railroad tracks and related facilities;
(20) Utility lines, station or substation;
(21) Veterinary care facility;
(22) Welding, sheet metal or machine shop;
(23) Wholesale distribution or outlet, including trucking, warehousing and storage.
(B) Conditional uses permitted. In a M1 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) Temporary dwelling unit;
(2) Fuel oil distribution; and
(3) Planned unit development.
(C) Limitations on use. In a M1 zone, the following conditions and limitations shall apply:
(1) A use which creates a nuisance because of the noise, smoke, odor, dust or gas is prohibited.
(2) Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
(3) Service activities, processing and storage on property abutting or facing a residential zone shall be wholly within an enclosed building or screened from the residential zone view by a permanently maintained sightobscuring fence at least six feet high.
(4) Points of access from a public street to properties in a M1 zone shall be so located as to minimize traffic congestion and avoid directing traffic into residential streets.
(5) Building entrances or other openings adjacent to or across the street from a residential zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect land uses in the residential zone.
(D) Lot size. In a M1 zone, no minimum lot size shall be identified other then that to meet the requirements of this chapter.
(E) Setback requirements.
(1) Except as provided in 157.140, in a M1 zone no yard shall be required except as follows:
(2) When abutting a residential zone, all setbacks shall be a minimum of 50 feet measured from the foundation. If a living, solid screen is provided adjacent to the residential zone, the minimum setback may be reduced to 25 feet.
(F) Height of buildings. In a M1 zone, within 150 feet of a residential zone, no building shall exceed a height of 35 feet.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Uses permitted outright. In a M2 zone, the following uses and their accessory uses are permitted outright:
(1) A use permitted outright in a M1 zone; and
(2) Manufacturing, repairing, compounding, fabricating, processing, packing or storage of a use not listed in 157.055.
(B) Conditional uses permitted. In a M2 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(1) Temporary dwelling unit;
(2) Planned unit development; and
(3) Sand and gravel pits, including related activities such as exploration excavation, rock crushing, asphalt protection and storage, subject to requirements in 157.148.
(C) Limitations on use. In a M2 zone, the following conditions and limitations shall apply:
(1) A use is prohibited which creates a nuisance because of noise, smoke, odor, dust or gas or which has been declared a nuisance by statute, by action of the municipal court or by a court of competent jurisdiction.
(2) Wastes and other materials shall be stored and grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
(3) Where outside storage is used, the use shall have a solid enclosure at least six feet in height.
(D) Lot size. Lot size requirements for a M1 zone shall apply in a M2 zone.
(E) Setback requirements. Yard requirements for a M1 zone shall apply in a M2 zone.
(F) Height of buildings. Height of building requirements for a M1 zone shall apply in a M2 zone.
(Ord. 1840, passed 22894) Penalty, see 157.999
In an A zone, the following uses and their accessory uses are allowed outright:
(A) A use permitted outright in a C-2 zone; and
(B) A use permitted outright in a M-1 zone.
(Ord. 1840, passed 2-28-94; Am. Ord. 2128, passed 1-22-07)
In an A zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of 157.205 through 157.210 of this chapter:
(A) A use permitted conditionally in a C2 zone; and
(B) A use permitted conditionally in a M1 zone.
(Ord. 1840, passed 22894)
§57.072 Other requirements and conditions
(A) Other requirements. All requirements for limitation on use, signs, minimum lot size and setbacks and maximum height in an A zone shall conform to those in a M1 zone, contained in divisions (C) through (F) of 157.055.
(B) Additional conditions. All uses in an A zone shall conform to conditions imposed in Chapter 151 of this code adopted as part of the Hermiston Airport Master Plan, which governs development around the Hermiston Airport, so as to minimize interference with the operations of the airport and reduce hazards to the public health, welfare and safety.
(Ord. 1840, passed 22894)
Cross Reference:
Airport Hazard Zoning, see Chapter 151
The purpose of the Development Hazard Overlay designation (DH) is to identify areas within the existing and newly annexed portions of the city characterized by development limitations and/or groundwater pollution hazards due to unstable soils as defined in this chapter. This designation applies to areas of restrictive foundation soils and groundwater pollution hazards identified in Figure 12 of the Comprehensive Plan.
(Ord. 1840, passed 22894)
In areas contained within the DH overlay, developers must comply to the following conditions in addition to those imposed by the underlying zoning. These include:
(A) Prior to the development of lots containing cemented hardpan, the city shall require a registered engineer's assessment of the design and structural techniques needed to mitigate potential hazards. In the event there are inadequate mitigation measures, the city shall prohibit development.
(B) In the case of an existing or potential groundwater pollution threat, the city shall prohibit the outdoor storage of hazardous chemicals and underground storage of gasoline and diesel fuels.
(C) Any additional requirements/prohibitions necessary to mitigate groundwater pollution problems shall be developed in conjunction with the department of Environmental Quality and Water Resources.
(D) At the discretion of the Planning Commission, an applicant whose property is located in the DH overlay area may obtain an exemption from divisions (A) through (C) above if he can demonstrate the proposed development is not constrained by development limitations and/or will not contribute to potential groundwater pollution. To obtain an exemption, the applicant must present documentation to this effect prepared by a registered engineer.
(Ord. 1840, passed 22894)
(A) The purpose of a planned unit development is to permit greater flexibility in land use regulations thereby allowing the developer to use a more creative approach in the development of land. Density requirement setbacks and other land use regulations may be adjusted to allow for a more desirable living environment. Preservation of natural features, harmonious variety of uses, the economy of shared services and facilities, and a development more compatible with the surrounding area are a few of the common benefits attained from a planned unit development.
(B) The PUD approach is expected to result in development that is superior to what could be obtained through ordinary lotbylot development. It is not intended to circumvent conventional land use regulations.
(C) In return for greater flexibility in site development, the PUD introduces some special requirements and standards for design approval. These conditions will be employed to maximize quality of site design. They will not be used to cause undue delays nor unwarranted increase in costs, when compared to more conventional development. The PUD process will not be used as a device to force a decrease in residential density below that otherwise allowed by the Comprehensive Plan and underlying zoning.
(Ord. 1840, passed 22894)
The tract or tracts of land included in a proposed PUD may be in one ownership or control, or the subject of a joint application by owners of all the property included. The holder of a valid written real estate option contract shall be deemed the owner of the land for the purpose of this section. The Planning Commission may require satisfactory evidence of the contract of purchase.
(Ord. 1840, passed 22894)
The following general requirements will apply to planned unit developments:
(A) A planned unit development shall be allowed in all zones except R1 as a conditional use according to the procedures set forth for those uses. In all residential zones, or comparable zones in the county, minimum site area shall be two acres to qualify for a PUD. For all other zones, the minimum shall be five acres.
(B) As a condition of approval of a PUD, the Planning Commission may require the following:
(1) A performance bond or other securities acceptable to the city to insure that a PUD is completed as submitted;
(2) An economic impact statement if the PUD is of a sufficient size and economic complexity;
(3) An environmental impact study if the PUD is large enough to have critical impact upon the land and environment;
(4) Areas for parks or playgrounds, sized according to prevailing statewide and local government standards, shall be permanently reserved within the PUD or provided for offsite;
(5) Streets be designed and constructed according to city standards and dedicated to the city;
(6) Easements for the orderly extension, maintenance, repair or replacement of public utilities; and
(7) Adequate guarantee must be provided to ensure permanent retention of common open space and recreation areas which may be required as conditions of PUD approval. This guarantee may be satisfied by creation of a nonprofit home owners' association to ensure maintenance of the area, or by development of the space to city specifications and acceptance of it by the city, in which case it would be available for general public use.
(C) Whenever a planned unit development is subject to Chapter 154 of this code, the procedures and regulations of that chapter shall apply.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Residential zones.
(1) The principal use of the land shall be residential.
(2) Related commercial uses designed primarily for the service and convenience of the residents of the planned unit development may be allowed by approval of the Planning Commission.
(3) Community service uses designed for the residents of the planned unit development or for servicing the adjacent area may be allowed by approval of the Planning Commission.
(4) Accessory buildings and uses.
(5) Increased residential density tied to specific performance criteria will be encouraged in those areas that are near developed service centers.
(B) Commercial and industrial zones.
(1) Uses permitted outright and conditionally in a commercial or industrial zone, whichever applies.
(2) Community services uses approved by the Planning Commission.
(3) Other uses as approved by the Planning Commission which are consistent with the Comprehension Plan of the city and the type of PUD.
(4) Accessory buildings and uses.
(Ord. 1840, passed 22894)
(A) Application. A letter of intent to develop a planned unit development along with a conditional use permit application shall be filed with the City Manager. The applicant shall pay application fee as established by resolution of the City Council.
(B) Stage review. There shall be a threestage review process when approving a PUD application:
(1) Prepreliminary conference (Stage 1);
(2) Preliminary approval (Stage 2); and
(3) Final approval (Stage 3).
(C) Fees. The following fees as provided or otherwise approved by Council resolution shall accompany each stage of review:
(1) Prepreliminary conference (no fee).
(2) Preliminary approval ($100).
(3) Final approval ($75).
(Ord. 1840, passed 22894)
Stage 1 of development consists of the following:
(A) Before preparing a preliminary plan map and preliminary plan program, the applicant of a proposed planned unit development shall meet with the city staff at a conference scheduled at a time most convenient for both parties. At the conference, the developer shall provide basic information, such as a schematic drawing, showing the general relationship contemplated among all public and private uses and existing physical features, and written statements regarding the source of water supply, method of sewage disposal, dwelling types, lot layout, public and private access, nonresidential uses, and provisions for maintenance of landscaped areas, parks and open spaces. In return, the city staff shall provide the developer applicable standards and regulations.
(B) If the staff and applicant reach a satisfactory agreement, the applicant may proceed to Stage 2, preliminary approval.
(Ord. 1840, passed 22894)
Stage 2 of the development consists of the following:
(A) The applicant shall submit to the Planning Commission four copies of the preliminary plan map for the proposed PUD. The plan map shall show the following information:
(1) Legally described property lines;
(2) Section lines;
(3) Existing streets, buildings, watercourses, tree masses, sanitary and storm sewers, water mains, culverts and other existing underground facilities.
(4) Location and size of the nearest water main and sewer outlet;
(5) Title of the proposed PUD and the name of the developer;
(6) Ownership of adjoining parcels within 300 feet of the proposed PUD;
(7) Contours referred to a City Engineer's bench mark with intervals sufficient to determine the character and topography of the land to be developed;
(8) North point, scale and date; and
(9) Location and size of all proposed streets, buildings, sanitary sewer or other sewage disposal facilities, water mains, storm water facilities, sidewalks, parks, open spaces and signs.
(B) A preliminary plan program or outline of the following shall accompany the preliminary plan map:
(1) Proposed ownership and maintenance of streets;
(2) Drafts of appropriate restrictive covenants and drafts of documents providing for the maintenance of any common space, or required dedications or reservations of public open spaces and any dedications of development rights;
(3) A list of the types of buildings proposed;
(4) The amount of land area to be devoted to the various types of buildings and a calculation of the average residential density per net acre;
(5) The nature of all proposed signs;
(6) All landscaping plans;
(7) Plans or written statements regarding grades of proposed streets, width and type of pavement, type of sanitary sewer or other sewage disposal facilities and any grading plans; and
(8) A stage development schedule if the final development plan is to be developed in stages.
(C) Upon receiving the preliminary plan map and program, the Planning Commission shall review the proposed planned unit development and shall seek to determine that all of the following conditions are met:
(1) The planned unit development will be consistent with the Comprehensive Plan of the city. specifically, this includes:
(a) Information indicating how the housing provided in the PUD relates to Hermiston area housing need indicators (described in Goal 10 of the Comprehensive Plan and periodically updated after that). All PUD proposals may, consistent with the density allowed by underlying zoning, propose housing concepts including townhouses, condominiums owned multifamily units, mixtures of housing types and lot sizes, multiplex construction, manufactured dwellings or other kinds of dwellings manufactured offsite;
(b) Description of the municipal service and utilities needed at initial and later phases of PUD occupancy, and whether it is consistent with the city's then current designation of “sewer eligible” areas;
(c) Indication that the arterial streets required offsite are provided already, or planned and funded by appropriate city or county agencies. sufficient access will be required to meet vehicular movement and storage generated by the proposed development. Continuity with future streets in adjoining developments and dedication of sufficient arterial street rightofway for the proposed development and other developments generally anticipated in comprehensive plan maps;
(d) Assurance that if density of the development in the PUD'S initial stages does not warrant public sewer or water connections, that the layout allows for later increases of density to a level that makes connections financially feasible; and
(e) Deed restrictions to support future assessments to provide services necessary for urban densities of development
(2) The planned unit development can be developed in harmony with the surrounding area and between uses within the PUD itself. Specifically:
(a) Height, bulk and density of buildings not radically different from those anticipated on adjacent or facing properties. Exceptions could be made if the PUD were in a transitional area between higherintensity district and a lowerintensity residential district;
(b) Preservation of natural and cultural assets within the area; and
(c) Density bonuses of 15% are granted as an incentive to go through the PUD process. Maximum 5% additional bonuses may be granted by the Planning Commission for each of the following:
1. Superior design of structure;
2. Landscaping;
3. Public open space;
4. Provision of low cost housing;
5. Enhancement of public enjoyment of natural or cultural assets on site; and
6. Solar energy protection.
(3) The time table for the completion of the PUD is within reason.
(D) If, in the opinion of the planning staff, the foregoing provisions are satisfied, the PUD proposal shall be processed for a public hearing according to 157.205 through 157.210 of this chapter.
(E) After the hearing, the Planning Commission shall determine whether the proposal still conforms to the permit criteria according to this section.
(F) The Planning Commission may approve or place conditions upon approving the preliminary plan map and preliminary plan program as suggested in 157.112 (C)(2), or any other conditions it deems necessary.
(G) The Planning Commission may deny the PUD application or return the PUD to the applicant for revisions.
(H) If the preliminary plan map and preliminary plan program are approved, the applicant may proceed to final approval (Stage 3).
(Ord. 1840, passed 22894)
(A) Within one year after the approval of the preliminary plan map and preliminary plan program, the applicant shall submit to the city a final plan map and final plan program, for the entire development or when submission in stages has been authorized pursuant to 157.116 (B)(8) for the first stage of development.
(B) The final plan map and final plan program shall include all information included in the preliminary plan map and program.
(C) The final plan program shall include all fully drafted, properly executed legal documents for dedication or reservation of public facilities, and for the creation of a nonprofit home owners' association.
(D) The Planning Commission shall review the final plan map and program and shall determine whether they conform to all applicable criteria in 157.116 (C) and all major respects with the approved preliminary plan map and program.
(E) The Planning Commission may approve, approve with condition, or return final plan map for revisions to meet the original conditions of approval to the applicant. The applicant shall resubmit a revised final plan within 30 days of the Planning Commission decision to return the plan to the applicant.
(F) The decision of the Planning Commission shall become final ten days after the date of the decision, unless appealed to the City Council.
(Ord. 1840, passed 22894)
The applicant or any other interested party may initiate an appeal according to 157.231 of this chapter.
(Ord. 1840, passed 22894)
(A) Changes and modifications.
(1) Major changes in the final plan map and final plan program from the preliminary plan map and program shall be considered the same as a new application and shall follow the procedures specified in 157.114.
(2) Minor changes in the final plan map and final plan program may be approved by the city staff. Minor changes may include minor shifting of the location of proposed streets, public or private ways, utility easements, parks or other open spaces. Minor changes shall not increase the density, boundary lines, use, location or amount of land devoted to specific land uses.
(B) Modification and adherence.
(1) All building permits in a PUD shall be issued only on the basis of the approved final plan map and final plan program.
(2) All public site dedications for the entire site and regulations regarding a home owners' association, if proposed, shall be properly recorded prior to the issuance of any building permit.
(Ord. 1840, passed 22894)
(A) In the event of a failure to comply with the approved final plan map and final plan program, the Planning Commission may, after notice and hearing, revoke a PUD application.
(B) The findings of the Planning Commission shall become final ten days after the date of decision unless appealed to the City Council in accordance with 157.231 of this chapter.
(Ord. 1840, passed 22894)
Unless otherwise specified, zone boundaries are lot lines or the centerline of street, alley, railroad rightofway or the lines extended. Where a zone boundary divides a land parcel under a single ownership into two zones, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedure for a zone change shall be followed.
(Ord. 1840, passed 22894)
(A) General provisions regarding accessory uses. Accessory uses shall comply with all requirements for the principal use except where specifically modified by this chapter and shall comply with the following limitations:
(1) Fences, which may be located within yards, shall not exceed three and one-half feet from the grade of the street centerline in the front yard and on corner lots shall not conflict with requirements of a vision clearance area.
(2) A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.
(3) A guest house may be maintained accessory to a dwelling provided there are no charges made for the accommodation.
(4) Swimming pools, fish ponds or other decorative pools shall conform with 157.147.
(B) Authorization of similar uses. The Planning Commission may rule that a use, not specifically listed in the allowed uses of a zone, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion of a use in a zone where it is specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone.
(C) Tents.
(1) Tents regulated by this section. Tents are permitted only as temporary accessory uses associated with the allowed uses permitted outright and approved conditional uses in all zones except the Open Space (OS) zone, but in no case shall any tent be allowed more than 30 days in a single calendar year when associated with such permitted or conditional use.
(2) Tents not regulated by this section.
(a) Tents 400 square feet or smaller in gross floor area.
(b) Tents used for temporary activities such as, but not limited to, ; fairs, circuses, recreational activities and seasonal or other temporary sales.
(3) Other provisions apply. Notwithstanding the provisions of this section and 157.001 and 157.002, other dimensional regulations and building code provisions continue to apply as applicable to tents.
(Ord. 1840, passed 2-28-94 Am. Ord. 2109, passed 6-27-05) Penalty, see 157.999
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into a required yard or into required open space as established by coverage standards.
(Ord. 1840, passed 22894) Penalty, see 157.999
No lot area, yard or other open space or required offstreet parking or loading area existing on or after the effective date of this chapter shall be reduced in area, dimension or size below the minimum required by this chapter, nor shall any lot area, yard or other open space or offstreet parking or loading area which is required by this chapter for one use be used as the lot area, yard or other open space or offstreet parking or loading area requirements for any other use, except as provided in 157.177.
(Ord. 1840, passed 22894) Penalty, see 157.999
If, at the time of passage of this chapter, a lot or the aggregate of contiguous lots or land parcels held in a single ownership has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the zone subject to the other requirements of the zone and providing, if there is an area deficiency, residential use shall be limited to a singlefamily residence.
(Ord. 1840, passed 22894)
(A) In the case of buildings, the following exception to the yard requirements is authorized for a lot in any zone: if there are buildings on both abutting lots with yards of less than the required depth for the zone, the yard of the lot need not exceed the average yard of the abutting buildings. If there is a building on one abutting lot with a yard of less than the required depth for the zone, the yard for the lot need not exceed a depth onehalf way between the depth of the abutting yard and the required yard depth.
(B) The following types of structures or structural parts are not subject to the building height limitations of this chapter except in residentiallyzoned areas unless otherwise restricted: chimneys, cupolas, tanks, church spires, belfries, domes, derricks, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, water towers, elevator shafts, windmills, conveyors and other similar projections.
(Ord. 1840, passed 22894)
All lots shall abut a street other than an alley for a width of at least 25 feet.
(Ord. 1840, passed 22894) Penalty, see 157.999
Vision clearance shall be provided with the following distance establishing the size of the vision clearance area:
(A) In a residential zone, the minimum distance shall be 30 feet at street intersections and ten feet for an alley or driveway.
(B) In all other zones, except the C1, the minimum distance shall be 15 feet at street intersections including an alley or service drive; except that when the angle of intersection between streets is less than 30 degrees, the distance shall be 25 feet.
(Ord. 1840, passed 22894) Penalty, see 157.999
Public and private utility facilities including but not limited to power transmission lines, major trunk pipelines and similar facilities and public and private wells, water storage tanks and treatment facilities, sanitary sewer pump stations and sanitary sewer treatment facilities, electric power substations, telephone exchanges and television, radio or microwave transmission facilities, but excluding underground sewer, water, gas, communication and power distribution lines and similar facilities serving uses located solely within Umatilla County, which are allowed in any zone.
(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07)
(A) The following buildings have been designated as historic structures worthy of protection:
(1) Hermiston Irrigation District Building, 204 E. Hurlburt Avenue;
(2) Carnegie Building, 213 E. Gladys Avenue;
(3) Skinner Building, 201 E. Main Street;
(4) Donovan Bland Building, 201 W. Hermiston Avenue; and
(5) Bliss Building, 106 E. Main Street.
(B) Special provisions shall apply as follows:
(1) The city shall add to the list in division (A) above any other building or site determined to have historical, cultural or archeological value. The city shall request the assistance of the Hermiston Heritage Association and the Oregon State Historic Preservation Officer (SHPO) to identify and document buildings or sites.
(2) Prior to undertaking remodeling, rehabilitation or structural alteration which affects the external appearance of a building or site listed in division (A) above, the owner of the building or site or his authorized agent shall be required to obtain a conditional use permit, subject to provisions in 157.205 through 157.210.
(3) Before approving an application for a permit, the Planning Commission shall determine that the proposed alterations are harmonious with the appearance of the historical building and do not otherwise adversely affect its architectural integrity or historical value. The applicant shall provide sufficient information about the proposed alterations to permit the Commission to render an informed decision.
(4) Upon receipt of an application for a conditional use permit as required in 157.162, the city shall provide the Hermiston Heritage Association with a copy of the application and request the association's recommendation on the matter.
(5) Prior to granting a permit to demolish a historical structure listed in division (A) above, the Planning Commission shall review the request, taking into consideration the state of repair, and reasonableness of the cost of rehabilitation or repair and the historic value of the property. If the Commission determines that the building cannot be repaired at a reasonable cost, constitutes an immediate danger to the public health or safety or a delay in demolition will pose an undue economic hardship upon the owner and that these factors outweigh the value to the public of preserving the structure, the Commission shall recommend the city issue the demolition permit.
(6) If preservation of the structure is feasible, the Commission may delay the issuance of the permit for up to 120 days while the owner is informed of state and federal rehabilitation incentives and/or a buyer who is willing to preserve the building can be found. In rendering its decision, the Commission shall seek the recommendation of the Hermiston Heritage Association on the matter. At the end of the 120day period, the Commission shall review the application for a demolition permit. If no reasonable alternative to demolition is available, the Commission shall recommend that the city issue the permit without further delay. If, in the opinion of the Commission, there is a reasonable alternative, the permit shall be denied.
(Ord. 1840, passed 22894)
Within all residential zones, manufactured dwellings placed on individual lots outside of a manufactured dwelling park shall meet the following standards:
(A) The manufactured dwelling shall be multisectional (double wide or wider) and enclose a floor area of not less than 1,000 square feet.
(B) The manufactured dwelling shall be placed on an excavated and backfilled concrete or masonry block foundation and enclosed at the perimeter so that the manufactured dwelling is located not more than 12 inches above grade. Where the building site has a sloped grade, no more than 12 inches of the enclosing material shall be exposed on the uphill side of the home. If the manufactured dwelling is placed on a basement, the 12inch limitation shall not apply.
(C) The manufactured dwelling shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.
(D) The manufactured dwelling shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Building Official.
(E) The manufactured dwelling shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of singlefamily dwellings constructed under the state building code as defined in ORS 455.010. Evidence demonstrating that the manufactured dwelling meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope certification requirement. Additional manufacturers certification shall not be required.
(F) The manufactured dwelling shall have a garage or carport constructed of like materials. The city may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings.
(G) A manufactured dwelling, if adjacent to any structure listed in 157.144 as an historic structure, shall be treated as a conditional use.
(H) In addition to the provisions in divisions (A) through (G) of this section, the city may subject a manufactured dwelling and the lot upon which it is sited to any development standard, architectural requirement and minimum size requirement to which a conventional singlefamily residential dwelling on the same lot would be subject.
(Ord. 1840, passed 22894) Penalty, see 157.999
A manufactured dwelling park can have significant impacts on the surrounding community, therefore, special standards governing development of these uses have been established.
(A) The minimum area shall be five acres.
(B) Manufactured dwelling parks shall abut and have direct access to a street.
(C) Asphalt access drives, 20 feet in width, shall be provided to each manufactured dwelling space, shall be unobstructed, open to traffic and continuous unless provided with adequate turnaround area or culdesac. If the owner or operator permits parking on the access drives, the owner or operator shall construct the access drives at least 30 feet in width. Each park shall have a principal access drive of not less than 36 feet.
(D) Walkways, not less than three feet in width, shall be provided from each manufactured dwelling space and service building to access drives and along both sides of all access drives.
(E) Except as required for vision clearance, the outer perimeter of each park shall be improved with one of the following:
(1) Sightobscuring fence or wall not less than six feet in height;
(2) Maintained evergreen landscaping that is at least five feet in depth, will mature within three years, and reach at least five feet in height at maturity; or
(3) Combination of divisions (1) and (2) above when required by the Commission to blend the proposed development in with that of surrounding property.
(F) All manufactured dwellings and accessory structures shall be set back a minimum of ten feet from any property line, except for the front property line which shall be 20 feet, and ten feet from another manufactured dwelling.
(G) Each manufactured dwelling space shall be a minimum of 30 feet wide and 40 feet long.
(H) All areas covered by manufactured dwellings and accessory buildings shall be paved with asphalt or concrete, or covered with permanently contained crushed rock.
(I) All open areas, except as otherwise specified herein, shall be suitably landscaped according to plans and specifications presented to and approved by the Planning Commission. Areas shall be continuously maintained.
(J) Each manufactured dwelling space shall be improved with one patio of concrete or other suitable impervious material, having a minimum area of 150 square feet.
(K) A minimum of 200 square feet of recreation area for each manufactured dwelling space shall be provided in one or more locations within the manufactured dwelling park. The minimum size of each required recreation area shall be 5,000 square feet.
(L) A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each manufactured dwelling park. Storage area shall contain a minimum of 160 square feet for each manufactured dwelling space and be enclosed by a sightobscuring fence.
(M) Storage structures and carports shall be located not less than six feet from any manufactured dwelling and shall be subject to all of the applicable permits and building codes of the city.
(N) Mailboxes shall be provided, whether centrally or individually, for each manufactured dwelling space. Three offstreet parking spaces shall be provided for all centralized mailbox areas unless onstreet parking is provided.
(O) All utilities, i.e., sewer, water, natural gas, electricity, telephone, and television cable, shall be underground in locations approved by the City Engineer.
(P) Prior to location of a manufactured dwelling in a manufactured dwelling park, the owner or occupant shall establish to the satisfaction of the Building Inspector that the manufactured dwelling is in a condition that conforms to one of the following construction standards:
(1) HUDmanufactured dwellings constructed to the minimum standards in effect in Oregon, at the time of construction or Oregon standards in effect at the time entry into the park is to occur; or
(2) NonHUD manufactured dwellings shall be in a condition that is not less than the substantial equivalent of any construction standards in effect in Oregon after June 1, 1979. Manufactured dwellings shall be inspected and certified as being substantially equivalent to construction standards in effect in Oregon after June 1, 1979 by the Oregon Building Codes Agency.
(Q) Recreational vehicles spaces may be provided; however, spaces shall be separated and distinct from the manufactured dwelling park.
(1) Manufactured dwelling parks providing recreational vehicle spaces shall provide facilities as required by the ORS and Oregon Administrative Rules.
(2) There shall be a 14foot separation zone completely surrounding the recreational vehicle area separating it from the manufactured dwelling area.
(R) All manufactured dwellings shall be skirted.
(S) A minimum of one public pay telephone shall be provided.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) This section provides specific uniform standards for recreational vehicle parks which are permitted in R4 Zones as a conditional use and in addition to any conditions of approval which may be imposed by the Planning Commission under 157.205 et seq. in addition to the normal standards of C2 Zones where they are allowed as an outright use.
(B) A recreational vehicle park shall conform to state regulations and the following standards and requirements:
(1) The minimum area for a recreational vehicle park shall be three acres.
(2) The required site plan shall reflect the standards of this section and shall include the plot plan requirements of the State Health Division with respect to water supply, sewage disposal, fire hydrants, sanitary facilities, building location, street layout and park design.
(3) Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.
(4) A recreational vehicle space shall have an area of not less than 700 square feet exclusive of driveways and common areas.
(5) Roadways shall have a minimum width of 30 feet or a minimum width of 20 feet where parking is not permitted and an equal amount of offroad parking is provided. Roadways shall be designed and paved in accordance with state statutes.
(6) Each RV space shall have at least one 10 by 20 foot parking space exclusive of the RV itself. Parking and driveway areas shall be paved.
(7) Outdoor lighting shall be provided. Lighting shall be oriented to prevent direct illumination onto abutting property.
(8) The park shall be screened on all sides by a sightobscuring planting screen, fence or combination thereof. The park owner shall be responsible for its permanent maintenance.
(9) The park shall provide piped potable water to accommodate not less than 75% of the spaces. One waste disposal dump station shall be provided for each 100 sites, or part thereof. All sewer and water lines shall be first approved by the City Engineer.
(10) Sanitary facilities shall be provided in accordance with state standards. Sanitary sewer shall be provided to not less than 75% of the spaces.
(11) Trash receptacles shall be provided at a rate of 30 gallons of refuse capacity for each two spaces or equivalent.
(12) All plumbing facilities shall be inspected and approved by the city Building Department.
(13) Each RV space shall be provided with electrical service.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool or other outside body of water designed or used for swimming, dipping or immersion purposes having a depth of more than 18 inches shall maintain an enclosure consisting of a fence or wall which shall discourage children from climbing and is acceptable to the Building Inspector.
(B) All gates or doors opening through the enclosure shall be equipped with selfenclosing and selflatching devices installed at least 40 inches above the ground or base, designed to help and capable of keeping the door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required need not be so equipped.
(C) No swimming pool shall be constructed without first obtaining a building permit. No building permit shall be issued until the plans are filed with the Building Inspector's office, and no pool shall be used until a final inspection is made by the Building Inspector after its construction is completed.
(D) Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, on which there is a fish pond or other decorative pool having a depth of 18 inches or more, shall construct and maintain an acceptable enclosure and securely close off or block any and all entrances thereto.
(E) An acceptable enclosure shall be one of the following:
(1) A fence completely surrounding the fish pond or decorative pool; or
(2) A wire across or cover of sufficient strength to hold a weight of at least 75 pounds and installed not more than six inches below the surface of the water at all times.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Because a sand and gravel pit can have significant adverse impacts on surrounding properties, particularly those devoted to residential uses, the following special standards governing extraction activities have been established:
(1) Minimum setbacks: 25 feet from any property line except those abutting a residential zone when the minimum setback shall be 100 feet;
(2) Extracting and processing operations shall be screened in such a manner that they are not readily visible from a public street or areas zoned or planned for residential development. The required screen shall be at least six feet in height and may consist of one or a combination of the following types:
(a) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four inches thick.
(b) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped.
(c) Fences, solid. A solid fence shall be constructed of wood and shall form an opaque screen.
(d) Fences, open. An openweave or meshtype fence, when not used in combination with a berm, shall be combined with plant materials to form an opaque screen.
(3) Access to a sand and gravel pit shall be limited to a major arterial. Under no circumstances shall truck traffic associated with extraction activities be routed through residential neighborhoods.
(B) To obtain a conditional use permit to operate a sand and gravel pit, the operator or his authorized agent shall submit three copies of the following:
(1) The name, address, and signature of property owners and applicant;
(2) A written legal description or record summary of the property; and
(3) A site plan prepared by a registered mining or civil engineer or registered geologist containing the following:
(a) North point, scale, and date;
(b) Extent of the area to be excavated;
(c) Location, width, and grade of all easements or rightsofway on or abutting the property;
(d) Location of all structures on the property;
(e) Location of all areas on the property subject to inundation or flood hazard, and the location, width, and directions of the flow of all watercourses and flood control channels that may be affected by the excavation;
(f) Bench marks;
(g) Existing elevations using contours no greater than 100 feet. This requirement can be modified by the city on applications for quarry excavations, if the size of the site and uniformity of the grade is such that this information is not necessary in the review process of the application;
(h) Typical crosssections, showing the extent of overburden, extent of sand and gravel deposits, and the water table;
(i) Processing and storage areas;
(j) Proposed fencing, gates, parking and signs;
(k) Ingressegress roads, plus onsite roads and proposed surface treatment and means to limit dust;
(l) A map showing access routes between the property and the nearest arterial road; and
(m) Areas to be used for ponding.
(4) An operational statement in which applicant addresses how potentially adverse impacts associated with pits operation will be mitigated, including a description of the following:
(a) The approximate date of commencement of the excavation and the duration of the operation;
(b) Proposed hours and days of the operation;
(c) Estimated type and volume of the excavation;
(d) Method of extracting and processing, including the disposition and overburden of top soils;
(e) Equipment proposed to be used in the operation of the excavation;
(f) Operating practices proposed to be used to minimize noise, dust, air contaminants, and vibration; and
(g) Methods to prevent pollution of surface or underground water.
(5) Reclamation plan and support documentation submitted to the Oregon Department of Geology and Mineral Industries (DOGAMI) in compliance to ORS 517.750 through 517.900, and documentation of DOGAMI's approval of the plan.
(Ord. 1840, passed 22894) Penalty, see 157.9990
(A) Purpose. The purpose of this section is to provide standards and procedures to implement provisions of the State Transportation Planning Rule (OAR 660, Division 12) and local, regional, and state transportation plans.
(B) Applicability. The provisions of this section shall apply to all development and subdivisions subject to the Development Standards of 157.160 et seq.
(C) Notice and coordinated review. If a proposed development or subdivision is within 200 feet of a state highway, or an arterial or collector street, notice of the proposal shall be provided to the Oregon Department of Transportation (ODOT) and Umatilla County. Notice will help identify agency standards and provide an opportunity for agency input and coordinated review of transportation impacts.
(D) Zone changes. In addition to the zone change approval criteria set forth in 157.226(E), all zone changes shall conform to the adopted Transportation System Plan (TSP). Proposed zone changes shall not substantially impact the functional classification or operation of transportation facilities. To ensure proper review and mitigation, a traffic impact study may be required for proposals that may impact transportation facilities.
(E) Traffic impact study. The applicant for a zone change, or a development or subdivision subject to the Development Standards of 157.160 et seq., shall submit a traffic impact study when the proposal affects a transportation facility if it:
(1) Changes the functional classification of an existing or planned transportation facility;
(2) Changes standards implementing a functional classification system;
(3) Allows types or levels of land use that would result in levels of traffic or access that are inconsistent with the functional classification of a transportation facility; or
(4) Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan.
(F) Transportation projects. The following transportation projects are permitted outright in all zones in the city:
(1) Normal operation, maintenance, repair, and preservation activities associated with transportation facilities.
(2) Installation of culverts, pathways, fencing, guardrails, lighting, and similar types of improvements that take place within the public rightofway.
(3) Landscaping as part of a transportation facility.
(4) Acquisition of rightofway for public roads, highways, and other transportation projects identified in the TSP.
(5) Transportation projects specifically identified in the TSP.
(6) Emergency measures as necessary for the safety and protection of property.
(G) Access management. The following access management provisions shall apply to all development and subdivisions subject to the Development Standards of 157.160 et seq.:
(1) Development shall preserve the flow of traffic in terms of safety, capacity, functional classification, and level of services. Access management policies set forth in the city TSP and the Oregon Highway Plan will apply to any proposals for new access or change of existing access.
(2) Residential driveways shall be located to optimize intersection operation and, where possible, to access off the street with the lowest functional classification. For example, if a house is located on the corner of a local street and a minor collector, the driveway shall access from the local street as long as it can be located a sufficient distance from the intersection.
(3) Properties that front on collector or arterial streets are encouraged to share an access with neighboring properties.
(4) Access to state highways is regulated by the Oregon Department of Transportation (ODOT) as described in the Oregon Highway Plan. Umatilla County regulates access to county roads.
(5) A system of joint use driveways, sidewalks, and cross access easements shall be established for commercial and office developments wherever feasible and shall incorporate the following:
(a) A design speed of 10 m.p.h. and a maximum width of 20 feet to accommodate twoway travel aisles for automobiles, service vehicles, and loading vehicles.
(b) A unified access and circulation plan for coordinated or shared parking areas.
(6) Pursuant to (5) above, property owners shall record the following documents with the Umatilla County Recorder:
(a) An easement allowing cross access to and from other properties served by the joint use driveways, sidewalks, and cross access or service drive;
(b) A joint maintenance agreement defining maintenance responsibilities of property owners.
(7) The Planning Director or the Planning Commission may modify or waive the requirements of (5) and (6) above where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.
(H) Street standards. Standards for streets, sidewalks, bike lanes, planting strips and rightofway widths are adopted in the TSP and incorporated into this section by reference:
(I) Rightofway dedication and improvement. Rightofway shall be dedicated as part of the development approval process. Improvements shall take place consistent with adopted street standards concurrent with the development or under a development agreement approved by the City Planning Commission or City Council.
(J) Bike lanes and bikeways. Bike lanes and bikeways shall be provided in accordance with the adopted TSP. Except as amended or altered by the TSP, bike lanes shall be provided along collector and arterial streets. Bike lanes and bikeways shall be constructed consistent with ODOT bicycle plan standards.
(K) Sidewalks. Sidewalks shall be provided along both sides of public streets, consistent with the standards of the TSP. Options are provided for curbside or setback sidewalks.
(L) Internal connections and bicycle parking.
(1) Internal pedestrian circulation shall be provided within new commercial, office, institutional and multifamily residential developments through the clustering of buildings, construction of hard surface walkways, landscaping, or similar techniques.
(2) Internal pedestrian systems shall connect with external existing or planned systems. Walkways shall be as direct as possible and shall limit outofdirection travel. Walkways shall be paved with a hard surface material and shall be no less than five feet in width. The walkways shall be separated from parking areas and internal driveways using curbing, landscaping, or distinctive paving material.
(3) Opportunities for at least one pedestrian walkway should be provided between adjacent commercial, office, and institutional development.
(4) Bicycle parking shall be provided for new commercial, office, institutional, and multifamily developments with more than 15 offstreet parking spaces. Bicycle parking spaces must be a minimum of six feet in length, two feet in width, and have an overhead clearance of six feet. Bicycle parking spaces should be located as near as possible to building entrances used by automobile occupants.
(Ord. 2003, passed 121399)
(A) Tents. Tents shall not be allowed to accommodate a use permitted outright or an approved conditional use in any zone except the Open Space (OS) zone. Tents smaller than 400 square feet in gross floor area and all tents used for temporary activities, such as but not limited to, fairs, circuses, recreational activities and seasonal or other temporary sales are not regulated by this provision.
(Ord. 2109, passed 6-27-05) Penalty, see 157.999
The expressed purpose of this section is to assure equal and fair treatment to all individuals seeking to develop within the planning area of the city. This subchapter shall govern the development of property or structures within the planning area which are exempt from the subdivision requirements or are developed within subdivided property. The policies of the city are as follows:
(A) To present adequate information with each development to assure zoning regulatory standards are upheld, coordinate traffic flow and street patterns and assure existing public and private utilities are not damaged or infringed upon by development;
(B) To assure reasonable development standards are achieved to promote the development of the city, while protecting the tax base and tax burden of all residents in the community;
(C) To foster and promote the logical extension of public improvements in an economical manner over a long term; and
(D) To empower the conditioning of the right to build or change uses of property with requirements to construct necessary public improvements.
(Ord. 1840, passed 22894) Penalty, see 157.999
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1840, passed 22894)
No building permit may be issued for any development within the city unless it has met the terms of this section.
(Ord. 1840, passed 22894)
The following development shall fall within the scope of this sub-chapter and shall be required to comply with the requirements identified herein:
(A) New residential, commercial, industrial or utility facility development;
(B) Expansion of single-family or duplex residential development costing in excess of 30% of the assessed value of the improvements on the property;
(C) Reconstruction of a single-family or duplex residential casualty loss costing in excess of 130% of the previously assessed value of the structure itself;
(D) Expansion of multiple-family, commercial or industrial development costing in excess of 10% of the assessed value of the improvements on the property;
(E) Reconstruction of multiple-family, commercial or industrial casualty loss in excess of 110% of the previously assessed value of the structure itself; and
(F) Change of occupancies.
(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07)
The following requirements shall pertain to all development falling under the categories identified in 157.163 above:
(A) The applicant shall complete a building permit application as provided by the city and a site plan. The site plan shall be drawn to scale and show the following:
(1) All existing and proposed structures and their exterior dimensions;
(2) All streets, alleys and other public rightofway;
(3) Existing and proposed utility lines and/or easements;
(4) Building setbacks;
(5) Location of utilities and proposed connection routes;
(6) Offstreet parking;
(7) Curb cut and sidewalk locations and dimensions and drainage plan.
(B) When required in a conditional use permit or in a major development, the city may require the applicant to supply landscape plans, screening, lighting, fire flow and similar requirements.
(C) Where the applicant's development site abuts existing curb and gutter, sidewalks in conformance with city standards are required to be constructed to the extent curb and gutter exist at the time of application.
(D) (1) The applicant shall be required to participate in a future improvement district to construct and dedicate all public facilities, such as water, wastewater, drainage, curb, gutter, sidewalk and street rightofway adjacent to the development in conformance with city standards and provide easements or deeds to the city for all public facilities.
(2) However, where it is determined that elaying the design and construction of any or all facilities is not appropriate and logical, or causes an adverse impact on surrounding properties, the city may require the developer to construct and dedicate all improvements as a condition of development.
(E) Where it has been determined that the extension of public facilities is required, all costs related to the extension shall be borne by the developer. In addition, any extension of the facilities shall be continued and extended in a logical fashion to the extent of the development site so as to be readily available for adjacent development.
(F) Where the improvement installed by a developer shall benefit other properties, a mutually agreeable settlement shall be arrived at between the city and the developer prior to installing the improvements. This agreement shall identify the benefitting properties, actual costs to be charged and method of repayment to the developer. Where prior agreement exists for improvements benefiting the subject property, the applicant shall make arrangements with the city for the payment of the improvements prior to issuance of any city permit.
(G) The developer shall provide proof of review and approval by all affected and/or county agencies, such as the Department of Transportation or County Planning Department.
(Ord. 1840, passed 22894) Penalty, see 157.999
No final approval or certificate of occupancy will be issued by the city until a time as the applicant has complied with all requirements and shall not be issued if there is any major variance from the site plan.
(Ord. 1840, passed 22894)
All uses permitted outright by this chapter and subject to 157.160 through 157.165 shall be processed as limited land use decisions as defined in ORC 197.015(13). The approval process shall be as provided in ORS 197.195(1) - (5). The Hermiston Comprehensive Plan shall not be an approval standard for a limited land use decision. Approval shall be by the Planner following notice of the application and an opportunity to comment as required by ORS 197.763. Appeals of the Planner’s decision shall be to the City Council as provided for in ORD 197.195(5), except that such appeals shall be on the record and shall follow the procedures in ORS 197.763.
(Ord. 2138, passed 6-25-07)
(A) At the time of erection of a new structure, or at the time of enlargement or change in use of an existing structure within any zone in the city, excepting those properties that have been assessed for public off-street parking facilities, off-street parking spaces shall be provided in accordance with the requirements of this subchapter unless greater requirements are otherwise established.
(B) If parking space has been provided in connection with an existing use, the parking space shall not be eliminated if elimination would result in less than is required by this section. Where square feet are specified, the area measured shall be the gross floor area of the functional use of the building but shall exclude space devoted to off-street parking or loading. Where employees are specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak season. Fractional space requirements shall be counted as a whole space.
(Ord. 1840, passed 2-28-94) Penalty, see 157.999
|
Uses |
Standard Number of Spaces |
|
Residential |
|
|
One and two family dwellings |
Two spaces per dwelling unit, one of which may be located within any required yard |
|
Multi-family dwellings |
Two spaces per dwelling unit with three or more bedrooms and 1.5 spaces per unit with less than three bedrooms |
|
Bed and breakfast, boarding, lodging or rooming house |
Spaces equal to 80% of the number of guest accommodations plus one additional space for the owner or manager |
|
Commercial Residential |
|
|
Hotel |
1.25 spaces per guest room |
|
Motel |
One space per guest room or suite plus one additional space for the owner or manager |
|
Club, lodge |
Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. |
|
Institutional |
|
|
Welfare or correctional institution |
One space per five beds for patients or inmates |
|
Nursing home |
One space per two beds for patients or residents |
|
Hospital |
Spaces equal to 1.5 times the number of beds |
|
Place of Public Assembly |
|
|
Church |
One space per four seats or eight feet of bench length in the main auditorium |
|
Library, reading room |
One space per 400 square feet of floor area plus one space per two employees |
|
Day care, preschool |
1.5 spaces per teacher |
|
Kindergarten |
Two spaces per teacher |
|
Elementary or junior high school |
1.5 spaces per classroom or one space per four seats or eight feet of bench length in the auditorium or assembly room, whichever is greater |
|
High school |
1.5 spaces per classroom plus one space for each six students or one space per four seats or eight feet of bench length in the main auditorium, whichever is greater |
|
College, commercial school for adults |
One space per five seats in classrooms |
|
Other auditorium, meeting room |
One space per four seats or eight feet of bench length |
|
Physically handicapped |
All public assembly parking lots shall provide one space for each 50 parking spaces or fractions thereof and shall be accessible and approximate to the entrance of the facility |
|
Commercial Amusement |
|
|
Stadium, arena, theater |
One space per four seats or eight feet of bench space |
|
Bowling alley |
Five spaces per alley plus one space per two employees |
|
Dance hall |
One space per 100 square feet of skating rink or floor area plus |
|
Commercial |
|
|
Retail store |
One space per 200 square feet of floor area |
|
Service or repair shop, retail store handling exclusively bulky merchandise such as automobilesand furniture |
One space per 600 square feet of floor area |
|
Bank, office (except medical and dental) |
One space per 333 square feet of floor area |
|
Medical and dental |
One space per 300 square feet of floor area |
|
Eating or drinking establishment |
One space per 100 square feet of floor area |
|
Mortuaries |
One space per four seats or eight feet of bench length in chapels |
|
Industrial |
|
|
Storage warehouse, manufacturing establishment, rail or trucking freight terminal or wholesale establishment |
One space per 1,000 square feet |
(Ord. 1840, passed 2-28-94)
(A) Passengers. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.
(B) Merchandise, materials or supplies.
(1) Buildings or structures to be built or substantially altered which receive and distribute material or merchandise shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use.
(2) Off-street parking areas used to fulfill the requirements of this subchapter shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs.
(Ord. 1840, passed 2-28-94) Penalty, see 157.999
(A) Obligations and violations.
(1) The provision and maintenance of off-street parking and loading spaces are continuous obligations of the property owner. No permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this subchapter.
(2) Use of property in violation hereof shall be a violation of this subchapter. Should the owner or occupant of a lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and in violation of this subchapter to begin or maintain the altered use until the required increase in off-street parking or loading is provided.
(B) Additional requirements not listed. Requirements for types of buildings and uses not specifically listed herein shall be determined by the Planning Commission, based upon the requirements of comparable uses listed.
(C) Sum of requirements. In the event several uses occupy a single structure or parcel of land concurrently, the total requirements for off-street parking shall be the sum of the requirements of all uses computed individually.
(D) Joint parking and loading spaces. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap, provided that satisfactory legal evidence is presented to the city in the form of deeds, leases or contracts to establish the joint use.
(E) Location of spaces. Off-street parking spaces shall be located on the same lot with the building. However, non-residential required parking spaces may be located not farther than 500 feet from the building or use they are required to serve, measured in a straight line from the building.
(F) Storage of vehicles and material prohibited. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
(G) Vision clearance problems. Off-street parking of any vehicle, watercraft or parts designed to be affixed thereto, which creates a vision clearance problem or potential safety hazard, shall not be allowed in any required yard.
(H) Plan submission. Plans shall be submitted as provided in 157.232.
(Ord. 1840, passed 2-28-94) Penalty, see 157.999
(A) Hard surfaces required; maintenance. Areas used for standing and maneuvering of vehicles shall have a hard surface and be maintained adequately for all-weather use and so drained as to avoid flow of water across a property line.
(B) Minimal resident disturbance. Except for parking to serve single or duplex residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five or more than six feet in height except where vision clearance is required.
(C) Extension beyond property line prohibited. Parking spaces within a parking lot shall be designed and constructed so that no portion of a parked vehicle, including an opened door, will extend beyond the property line.
(D) Glare from lighting prohibited. Artificial lighting which may be provided shall not create or reflect substantial glare in a residential zone or on any adjacent dwelling.
(E) Access aisles. Access aisles shall be of sufficient width for all vehicle turning and maneuvering.
(F) Driveways required. All parking spaces, except single-family and duplex residential, shall be served by a driveway so that no backing movements or other maneuvering within a street other than an alley will be required.
(G) Safety for traffic and pedestrians required.
(1) Off-street parking areas. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate and service the traffic to be anticipated. Service drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives.
(2) Minimum vision clearance area. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center-line, the street right-of-way line and a straight line joining the lines through points of ten feet from their intersection.
(Ord. 1840, passed 2-28-94) Penalty, see 157.999
(A) Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of this chapter or at the time of a change in the official zoning maps may be continued and maintained in reasonable repair, although the use does not conform with the provisions of this chapter.
(B) However, any junkyard not in an M1 or M2 Industrial Zone as defined shall be enclosed by a sightobscuring fence of at least six feet in height within one year following adoption of this chapter. The fence shall be a wire fence with slats, wood pickets not exceeding one inch in thickness, or masonry, unless otherwise approved by the Planning Commission. All required sightobscuring fences shall be maintained throughout the life of the land use.
(Ord. 1840, passed 22894)
Nothing in this chapter shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this chapter, provided the structure is completed within two years from the issuance of the permit.
(Ord. 1840, passed 22894)
(A) Definition. As used in this section, Alteration of a nonconforming use or structure includes:
(1) A change in the use of no greater adverse impact to the neighborhood; and/or
(2) A change in the structure or physical improvements of no greater adverse impact to the neighborhood.
(B) Minor alteration. A proposal for the alteration of 10% or less of the gross building volume of a nonconforming use or structure may be approved by the city administration as a minor variance to the provisions of this chapter.
(C) Major alteration. A proposal for the alteration greater than 10% of the gross building volume of a nonconforming use or structure may be approved by the Planning Commission subject to the provisions for conditional use permits.
(Ord. 1840, passed 22894)
The city administration may approve, as a minor variance, the restoration, reconstruction, or replacement of a nonconforming use or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to an extent greater than 60% of the replacement value using new materials provided that the restoration is commenced within a period of one year and is diligently prosecuted to completion.
(Ord. 1840, passed 22894)
If a nonconforming use involving a structure or property is discontinued from active use for a period of one year, any subsequent use of the property or structure shall be a conforming use, unless otherwise approved by the Planning Commission through the conditional use process.
(Ord. 1840, passed 22894) Penalty, see 157.999
When reviewing any request to alter or restore a nonconforming use, it shall be determined that all of the following are found to exist:
(A) The nature and character of the proposed use are substantially the same;
(B) There is no material difference in the quality, character or degree of use; and
(C) The proposed use will not prove materially adverse to surrounding properties.
(Ord. 1840, passed 22894) Penalty, see 157.999
The granting of any approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or health codes.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Conditional uses are those uses which may be appropriate, desirable, convenient or necessary in the district in which they are allowed, but which by reason of their height or bulk or the creation of traffic hazards or parking problems or other adverse conditions may be injurious to the public safety, welfare, comfort and convenience unless appropriate conditions are imposed. Uses designated in this chapter as conditional uses may be permitted, enlarged or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this sub-chapter and 157.229. In the case of a use existing prior to the effective date of this chapter and which is classified in this chapter as a conditional use, any change in use or in lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses.
(B) In permitting a conditional use or the modification of an existing conditional use, the city may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the city considers necessary to protect the best interests of the surrounding property or the city as a whole. These conditions may include:
(1) Increasing the required lot size or yard dimensions;
(2) Limiting the height of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of off-street parking and loading spaces required;
(6) Limiting the number, size and location of signs;
(7) Requiring screening and landscaping to protect adjacent property; and
(8) Recording conditions on the property with the County Clerk.
(Ord. 1840, passed 22894)
A property owner or his authorized agent may initiate a request for a conditional use or the modification of an existing conditional use by filing an application with the city using forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Planning Commission may require other drawings or information necessary to understand the proposed use and its relationship to surrounding properties. The applicant shall pay a fee as established by the City Council at the time the application is filed.
(Ord. 1840, passed 22894)
(A) Before the Planning Commission may act on a request for a conditional use, it shall hold a public hearing in accordance with the procedures set forth in 157.229.
(B) The Planning Commission may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notice on other property owners or persons who it decides may be interested in the request. Upon recessing for this purpose, the Commission shall announce the time and date when the hearing will be resumed.
(Ord. 1840, passed 22894)
Based on the testimony provided at the hearing, the Planning Commission shall develop findings of fact to justify either approving or denying a conditional use permit. The Planning Commission may approve the requests when it is determined the request is in conformance with all the following requirements or can be made to conform through the impositions of conditions:
(A) The proposal is in conformance with the Comprehensive Plan and Zoning Code.
(B) The property is adequate in size and shape to accommodate the proposed use, together with all other zoning requirements and any additional conditions imposed by the Planning Commission.
(C) Public facilities are of adequate size and quality to serve the proposed use.
(D) The proposed use will prove reasonably compatible with surrounding properties.
(Ord. 1840, passed 22894)
Within five days after a decision has been rendered, the city shall provide the parties to the hearings with written notice of the city's action on the request for a conditional use.
(Ord. 1840, passed 22894)
A conditional use shall comply with the standards of the zone in which it is located except as these standards may have been modified in authorizing the conditional use or as otherwise provided as follows:
(A) Setback. In a residential zone, front, side and rear yards shall be at least two-thirds the height of the principal structure. In any zone, additional yard requirements may be imposed.
(B) Height exception. A church or governmental building may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed one and a half times the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure.
(C) Limitation on access to property and openings to buildings. The city may limit or prohibit vehicle access from a conditional use to a residential street, and it may limit building openings within 50 feet of a residential property in an agricultural or residential zone if the openings will cause glare or excessive noise or will otherwise adversely affect adjacent residential property.
(D) Schools.
(1) Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight-obscuring fence at least four feet but not more than six feet high shall separate the play area from abutting lots.
(2) Primary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
(3) Elementary schools shall provide one acre of site area for each 75 pupils or one acre for every 2½ classrooms, whichever is greater.
(E) Utility substation or pumping substation. In the case of a utility substation or pumping substation, the city may waive the minimum lot size requirement only if it is determined that the waiver will not have a detrimental effect on adjacent property.
(F) Master plan approval.
(1) The following uses may be subject to an approved master plan:
(a) Public, parochial or private schools;
(b) Public or private nonprofit social service, community or recreational facilities;
(c) Governmental structures such as city offices, fire station, library, post office and public parks; and
(d) Hospitals.
(2) A master plan provides for long range development of an applicant's property. If a use listed above has received approval for a master plan by the Planning Commission, any expansion shall be processed in accordance with 157.205 through 157.209 of this chapter.
(3) The procedure for approval of a master plan shall be the same as a quasijudicial conditional use process in 157.207 through 157.209 of this chapter.
(4) Once a master plan has been approved, a building permit may be approved administratively by city staff, provided the proposed permit has been addressed in the approved master plan.
(5) Minor deviation or temporary structures (for example, modular school classrooms) may be approved administratively by city staff, so long as the deviation from the master plan does not increase the overall land use intensity of the site by 10%, unless a different percentage is specified in the master plan.
(6) A master plan is recommended but not required for uses listed above that existed as of January 1, 1994. However, temporary uses and structures that do not increase the overall land use intensity by 10% may be approved administratively by the city staff.
(Ord. 1840, passed 22894) Penalty, see 157.999
(A) Authority to grant variances.
(1) The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this chapter would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of the property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this chapter. No variance shall be granted unless it can be shown that all of the following conditions exist:
(a) Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of the lot size, topography or other circumstances over which the applicant has no control;
(b) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity;
(c) The authorization of the variance shall not be materially detrimental to the purpose of this ordinance, be injurious to the property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy; or
(d) It is impractical to maintain the zoning code requirements and, at the same time, build, erect or use the structure as desired.
(2) Variance procedure. The procedure to be followed in applying for and acting on a variance shall be the same as that provided in 157.229 of this chapter.
(3) Granting or denying minor variances. The city administration may grant a minor variance to the requirements of the chapter where it can be shown that, owing to special and unusual circumstances, strict application of the chapter would cause an undue or unnecessary hardship. In granting a minor variance, conditions may be imposed which are necessary to protect the best interest of the surrounding property or vicinity or otherwise achieve the purpose of this chapter.
(4) Minor variances. One variance involving the following may be granted by the city administration after a thorough examination and upon presentation of evidence that the variance requested involves one of the issues listed below:
(a) Deviation from a minimum property development standard by not more than 10%.
(b) Expansion of a conditional or nonconforming use by not more than 10% of the gross building volume.
(c) Extension or restoration of a nonconforming structure.
(B) Procedure.
(1) Upon receipt of the application form and payment of 25% of the usual application fee for a variance, the city administration shall render a decision within five working days, or the decision may be deferred to the Planning Commission.
(2) Additional information may be requested to arrive at a decision; and, if so, the decision shall be rendered within five working days following the submission of information.
(C) Notice.
(1) Should a minor variance be granted by administrative action, a notice of the variance decision and reasoning shall be mailed to all property owners within 100 feet of the subject property, including any public rights-of-way, soliciting comments or objections. If any written objections to the proposed variance are received within ten days of the mailing, a public hearing shall be required in accordance with 157.229 of this chapter. If no objections to the variance are received within the ten-day period, the variance shall become effective at the end of that period.
(2) In addition to notice to abutting property owners, the Planning Commission shall be notified of all minor variances granted by administrative variance.
(Ord. 1840, passed 22894)
(A) Authorization to initiate amendments. An amendment to the text or the zoning map of this chapter may be initiated by the City Council, by the Planning Commission or by application of a property owner or his authorized agent. The Planning Commission shall, within 40 days after a public hearing in accordance with procedures set forth in 157.229, recommend to the City Council approval, disapproval or modification of the proposed amendment.
(B) Types of amendments. An amendment to this chapter may be either:
(1) Amendment to the text. Legislative revision.
(2) Amendment to the map. Legislative revision or quasijudicial change.
(C) Legislative revisions. Proposed amendments to this chapter shall be deemed legislative revisions if:
(1) The proposed amendment involves the text of this chapter; and/or
(2) The proposed amendment involves the map, when such an amendment would have widespread and significant impact beyond the immediate area of the proposed amendment.
(D) Quasijudicial proceedings.
(1) A proposed amendment to this chapter shall be deemed a quasijudicial change if the proposed amendment involves the zoning map and does not have widespread and significant impact beyond the immediate area of the proposed amendment.
(2) Quasijudicial changes may be initiated by property owners or contract purchases or his or her authorized agent.
(3) In case of a controversy as to whether an amendment be deemed a legislative or quasijudicial matter, the decision of the Planning Commission shall be final.
(E) Approval criteria.
(1) The following criteria must be followed in deciding upon a quasijudicial proceeding:
(a) The burden in all land use proceedings is upon the applicant, whether a zone change, conditional use or variance is the subject of the hearing;
(b) The requested zone change or conditional use must be justified by proof that:
1. The change is in conformance with the Comprehensive Plan and also the goals and policies of the plan;
2. The showing of public need for the rezoning and whether that public need is best served by changing the zoning classification on that property under consideration;
3. The public need is best served by changing the classification of the subject site in question as compared with other available property.
4. The potential impact upon the area resulting from the change has been considered.
(c) The courts will require a “graduated burden of proof” depending upon the more intensive land use that will occur as a result of the proposed rezoning.
(d) Procedural process for a quasijudicial hearing.
1. Parties at a public hearing must have an opportunity to be heard, to present and rebut evidence.
2. There must be a record which will support the findings made by the City Council or Planning Commission.
(F) Amendment hearings. The Planning Commission shall conduct a public hearing on a proposed amendment at the earliest regular meeting, after the application is submitted, in accordance with the public hearing procedures under 157.229 of this chapter. Both text and map amendments shall also be submitted to the Department of Land Conservation and Development 45 days prior to the date set for final action except as provided for under ORS197.610.
(G) Application and fee. An application for amendment by a property owner or his authorized agent shall be filed with the city. The application shall be accompanied by a fee equal to the average cost of applications as established by the City Council.
(H) Recess of hearing. The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the Commission shall announce the time and date when the hearing will be resumed.
(I) Records of amendments. The city shall maintain a record of amendments to the text and map of this chapter in a form convenient for the use of the public.
(Ord. 1840, passed 22894)
The City Manager or his designee shall have the power and duty to enforce the provisions of this chapter. An appeal from a ruling of the city staff shall be made to the Planning Commission. No decision of the city shall be influenced by factors relating to race, religion, gender, age or physical disability.
(Ord. 1840, passed 22894)
(A) Permit required. Prior to the erection, movement, reconstruction, extension, enlargement or alteration of a structure, a permit for erection, movement, reconstruction, extension, enlargement or alteration shall be obtained from the city. The applicant shall pay a fee as established by the City Council at the time the application is filed.
(B) Time limit on a permit. All land use decisions and approvals shall be based upon findings of fact. In order to assure that these decisions remain valid, all land use approvals shall be void after one year if no substantial construction has taken place. However, the Planning Commission may grant two one-year extensions upon a determination that the applicant is pursuing the completion of the project and that no material changes of surrounding land uses or designation has occurred.
(Ord. 1840, passed 22894) Penalty, see 157.999
Whenever this chapter prescribes that a public hearing shall be held on the applications for conditional use permits, variances or amendments to this chapter, notice thereof shall be given as provided in this section.
(A) Notices of public hearings on applications for conditional use permits, variances and amendments of this ordinance changing the boundaries or designation of any district shall be given by the governing body conducting hearings at least ten days prior thereto by publication in a newspaper of general circulation in the city.
(B) Notice of public hearing on a conditional use, variance, amendment to a zone boundary, or Comprehensive Plan map amendment shall be mailed to owners of property within 300 feet of the property for which the variance, conditional use, or zone boundary amendment has been requested. The notice of hearing shall be mailed at least ten days prior to the date of the hearing. The names and addresses of property owners as shown in the records of the County Assessor shall be used. The notice shall:
(1) Explain the nature of the application and proposed use or uses which could be authorized;
(2) List the applicable criteria from the chapter and the plan that apply to the application;
(3) Set forth the street address or other easily understood geographical reference to the subject property;
(4) State the date, time and location of the hearing;
(5) State that the failure to raise an issue by the close of the record at or following the final evidentiary hearing, in person or by letter, precludes appeal to LUBA or the City Council based on that issue, and appeal will be on the record unless directed otherwise by the City Council;
(6) State that failure to present an issue with sufficient specificity to afford the decision maker an opportunity to respond to that issue precludes appeal to LUBA or to the City Council based on that issue;
(7) Include the name of a local government representative to contact and a telephone number where additional information may be obtained;
(8) State that a copy of the following are available for inspection at no cost and will be provided at a reasonable cost:
(a) The application;
(b) All documents and evidence relied upon by the applicant; and
(c) Applicable criteria.
(9) State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and
(10) Include a general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings.
(C) If a proposed zone boundary amendment is legislative in nature, the mailing of individual notice is not required but additional means of informing the public as may be specified by the Council shall be observed.
(D) Notice shall be published no later than ten days prior to the hearing date in a newspaper of general circulation in the city for all public hearing items.
(E) Failure of a person to receive the notice prescribed in this section shall not impair the validity of a hearing, nor the action taken.
(F) Except as provided for under ORS 227.178, the city shall take final action on all zone change applications, conditional use permits, and variances including resolution of all appeals to the City Council under ORS 227.180, within 120 days from the date a completed application is submitted to the city. Within 30 days of receipt of an application, the city will review the application to determine whether it is complete. The applicant will be notified of any missing materials within the 30day period. The 120day time period will commence on the date the application is complete.
(Ord. 1840, passed 22894)
(A) Raising issues for appeals. An issue which may be the basis for an appeal shall be raised not later than the close of the record at the final evidentiary hearing on the proposal before the local government. The issues shall be raised with sufficient specificity to afford the Planning Commission and the parties an adequate opportunity to respond to each issue.
(B) Documents, evidence and reports.
(1) All documents or evidence relied upon by the applicants shall be submitted to the local government and be made available to the public not less than 21 days prior to the hearing.
(2) Any staff report used at the hearing shall be available at least seven days prior to the hearing.
(C) Commencement of hearing. At the commencement of a hearing, a statement shall be made to those in attendance that:
(1) Lists the substantive criteria which will form the basis of the decision;
(2) Testimony and evidence must be directed toward the criteria described in division (1) above or other criteria which the person believes apply to the decision;
(3) Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Council based on that issue; and
(4) The hearing shall result in a final decision.
(Ord. 1840, passed 22894)
(A) An action or ruling of the Planning Commission authorized by this chapter may be appealed to the City Council within ten days after notice has been mailed to all persons involved in the Planning Commission's decision and right to appeal. Appeals may be made by submitting a notice of appeal on forms provided by the city and paying the prescribed fee.
(B) Aggrieved persons are those who have appeared in person or in writing in the evidentiary hearing. They will be given notice of the “notice of decision and right to appeal,” and they are the only ones who may appeal and in event of appeal will have the right of notice.
(C) Fees, costs and records.
(1) This appeal shall be on the record which means that the hearing is for the presentation of argument against the interpretation or application of the chapter in reaching the decision. The Council shall consider the record of the Planning Commission which should be prepared in synopsis form (not necessarily verbatim) and either stenographic or electronic record of the hearing shall be available to the appellants and to the Council.
(2) There shall be a filing fee as prescribed by the City Council.
(3) The actual cost of preparation of any transcription shall not exceed $500 or $10 per tape for copies of the audio tapes of the Planning Commission hearing if desired by appellants. The actual cost of mailing required notices to parties to the appeal shall be in addition, and the applicant shall pay a fee as prescribed by the City Council in advance for out-of-pocket costs and mailing by the city. Costs exceeding the advance will be billed. These costs shall be refunded to the appellants if they prevail.
(4) The Council may affirm, reverse, modify or remand the decision of the Planning Commission.
(Ord. 1840, passed 22894)
All applications and appeals provided for in this chapter shall be made on forms provided for the purpose or as otherwise prescribed by the Planning Commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications for permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of the building and other structures, existing and proposed; and the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and other information as is needed to determine their conformance with the provisions of this chapter. Where multiple land use permits or zone changes are required, the hearing and applications may be applied for and conducted at one time.
(Ord. 1840, passed 22894)
The owner or owners of any buildings or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, or be maintained, and any architect, builder or contractor who shall assist in the commission of any violation, and all persons or corporations who shall violate or maintain any violation of any of the provisions of this chapter or who shall fail to comply therewith, or with any requirements thereof, or who shall build in violation of any detained statement of plan submitted and approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a violation and upon conviction thereof, shall be fined not more than $250. Each day that a violation of this chapter continues shall be considered a separate offense.
(Ord. 1840, passed 22894)