On the agenda: Hermiston packet — HYPERSCALE (Sep 9)

PLANNING COMMISSION WORK
SESSION
Council Chambers, 180 NE 2nd Street

September 09, 2026 at 7:00 PM
AGENDA

1. CALL TO ORDER - 7:00 PM
2. NEW BUSINESS
A. Housing Code Update Workshop
3. PLANNER COMMENTS AND UNSCHEDULED COMMUNICATION
4. ADJOURN

** AMERICANS WITH DISABILITIES ACT NOTICE**
Please contact Hermiston City Hall, 180 NE 2nd Street, Hermiston, OR 97838 (Phone No.
541-567-5521) at least 48 hours prior to the scheduled meeting time if you need an
accommodation. TTY and TDD users please call Oregon Telecommunications Relay Service
at 1-800-735-2900 or 711.

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Section 2, ItemA.

Members of the Planning Commission

STAFF REPORT
For the Meeting of September 9, 2026
Title/Subject
Workshop for Housing Code Update
Summary and Background
The City of Hermiston has received a housing assistance grant from the State of Oregon to
update the city development code. The grant is intended to help the city comply with numerous
changes in housing law at the state level. In order to complete this update, the City has partnered
with Winterbrook Planning to act as the city’s planning consultants to help determine the
necessary code changes and to craft updated language.
The work program for the code update consists of several steps:


Consider and review relevant statutory changes at the state level



Audit the Hermiston code for compliance and deficiencies with state law



Draft compliant code language for Hermiston



Adopt new code language into the municipal code

City staff and Winterbrook staff have spent all of 2026 working on the statutory review, code
audit, and draft language preparation. The code audit revealed that the statutory changes are
very broad and work into the majority of the city zoning code and a considerable amount of the
subdivision code as well. The legislative changes encompass approximately six years of
legislation. All of the changes are known to the city and many of them have been used in practice
with staff deferring to state law over city code where relevant. However, using grant funds, it is
now possible to do a comprehensive update to bring the overall development code into
compliance with state law. This will no longer require maintenance of multiple code references
requiring staff to determine where controlling law is regarding any particular development
project.
Since 2020, the legislature has passed bills in each session making substantive changes to
established housing law practice. The bulk of these changes have been codified in a new
chapter in the Oregon Revised Statutes, Chapter 197A Housing and Urbanization. Other
changes have been made within Chapter 197 Comprehensive Land Use Planning, Chapter 92
Subdivisions and Partitions, and Chapter 227 City Planning and Zoning. Other chapters, such
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Section 2, ItemA.

as those relating to manufactured housing, have also been affected by changes which are
reflected in the code amendments.
Under state law, cities must incorporate these standards by January 1, 2027. Cities which do
not adopt their own set of compliant standards are subject to the statewide model code. Failure
to adopt standards does not relieve the city from the requirement to comply.
Amendments to Chapter 154 Subdivisions


For clarity the chapter title is proposed to be renamed to “Land Divisions” as it
encompasses several land division types.



Expedited land division and middle housing land division are added to the definitions and
added as a new process in 154.73 and 154.74 respectively. Expedited land divisions are
a new land division process for residential development under ORS 197A.140.
Residential developers may choose to use the expedited land division process if it creates
a development of at least 80 percent of the maximum density of the zone or if they are
providing affordable housing for households making up to 120% of the median income
for the county. All middle housing land divisions are to be processed as expedited land
divisions.



The jurisdiction of the planning commission changes significantly as a result of legislative
changes. All preliminary plat reviews change from a planning commission process to an
administrative review by city staff. Under this new law, minor partitions are approved at
the staff level only. Major partitions and subdivisions still require city council approval for
the final platting.



Replats are moved from the land division process to a limited land use decision process.
This change retains the public notice and comment requirement but the replat is
processed administratively by planning staff.



The subdivision design standards in 154.15 through 154.22 are modified to better
incorporate the TSP standards and to clarify language which is not clear and objective.



Preliminary plat review in 154.35 is changed to review by the planning official and
explicitly classified as a limited land use decision.



Numerous wordsmith changes are made to clarify requirements, remove requirements
which are not clear and objective (i.e. open to interpretation),and add partitions to several
sections or change subdivision to “land division” as necessary.

The changes to the land division code are substantive. The change in process from a planning
commission review of land divisions to an administrative staff review represents a major change
in city policy. The change is necessary to comply with changes to state law and is not generated
at the suggestion of planning staff.
Amendments to Chapter 157 Zoning


Middle housing amendments for large cities are voluntarily added in this amendment.
Hermiston is classified as a medium city and is statutorily required to permit single-unit
and duplex dwellings and one accessory dwelling per lot in all residential zones. When
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Section 2, ItemA.

Hermiston’s population grows to 25,000 additional large city requirements to permit
single-unit, duplex, triplex, quadplex, and cottage cluster dwellings, as well as one
accessory dwelling per lot are triggered. Hermiston’s population is 20,296 as of July
2025. The 25,000 threshold is likely to be crossed within five to ten years. Adding the
additional housing types to comply with state rules is voluntary but recommended from
an efficiency standpoint. The draft middle housing permissions are required but not
required until a future population threshold.


Considerable modifications to the definitions in 157.002 are proposed. Many of these
definitions are changing to comply with current statutes or to define new terms and
requirements which are introduced later in the code. Of note, the word “family” is excised
from the code and changed to “unit” where applicable (e.g. single family dwelling
becomes single unit dwelling).



The zoning standards across all residential zones are significantly changed. New uses
complying with statutory requirements, such as single-room occupancy dwellings, are
added to comply with ORS 197A.



Under the new standards the city’s residential zones have very similar overall permitted
uses. The exception is that RV Parks remain a conditional use in the R-4 zone only. An
RV Park is not considered needed housing and is still subject to the discretionary review
process. Multi-unit housing is permitted in all zones except the R-1 zone. The major
functional difference between zones will be the maximum density.



Lot size and setback requirements are amended to comply with a new maximum lot depth
requirement of 75 feet for townhomes. Previously the city required an 80 foot lot depth
minimum. Lots may still exceed 75 in depth, but the city cannot require it. Additionally
the lot requirements are moved to a table format for ease of reading.



Manufactured dwelling parks of at least one acre become outright uses in all residential
zones except R-1.



Multi-unit apartments (i.e. multi-unit in excess of a quadplex) become an outright use in
all residential zones except R-1.



Several types of housing become permitted uses in the commercial zones. Specifically,
affordable housing owned by a government or non-profit, conversion of existing
commercial structures to residential use, replacement of existing dwellings, and mixed
use housing. The draft amendments change the existing C-1 multi-unit conditional use
permit process to an outright use as conditional use processes can no longer be used for
housing. Conditional use processes by definition are discretionary permits and housing
can only be permitted through a clear and objective review process.



Amendments to the child care provisions are also proposed to comply with regulatory
changes at the state level. In essence child care is also removed from a discretionary
conditional use permit process.



Affordable housing and child care are added to the M-1 Light Industrial zone. Heavy
Industrial retains the current prohibition in accordance with state law.

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Section 2, ItemA.



Emergency shelters are removed from the M-1 zone and moved to a separate permitting
process at the city council level. Under amended state law emergency shelters are
outright uses in all zones provided a set of prescribed standards are met.



Planned unit developments are no longer applicable to residential uses. The planned unit
development process is a very discretionary and subjective process and as noted all
housing is permissible subject only to clear and objective standards. A new statewide
process known as the middle housing land use adjustment provides the same function in
varying development standards as the planned unit development process and is a clear
and objective process. However, the middle housing land use adjustment process has a
sunset date of 2032 after which the traditional PUD and variance processes will return as
the controlling process.



Manufactured dwelling and manufactured dwelling park standards are significantly
amended to reflect the updated state law limiting city ability to regulate design and
construction as well as building size.



Design standards for single room occupancies, duplex, quadplex, and townhouse
structures, and cottage clusters are added.



Standards for affordable housing and conversion from commercial to residential use in
commercial zones are added.



A change in development standard policy from requiring a default option of signing a nonremonstrance agreement for future street improvements to requiring installation of
improvements at the time of construction is proposed. An applicant will still have the
ability to request a deferral of improvement installation.



Parking changes to middle housing requirements are added. Under state law, a city
cannot require more than one space per unit for most housing types although a builder
may voluntarily construct additional parking.



The timeline for replacement of non-conforming dwellings destroyed by fire or calamity is
increased from one to four years in compliance with state law.



Residential upzoning (i.e. a change in zoning to a higher residential density) is to be
processed administratively by planning staff when connected to a residential development
application. All other zone amendments remain a quasi-judicial process in front of the
planning commission.



A new section detailing all required administrative reviews is created.

This list is not comprehensive of all changes proposed. The entirety of the ordinance
amendments are attached to this report. The code audit is also available but not attached to
this report. The code audit details the statutory cite for each amendment proposed.
Although the bulk of these amendments are not discretionary, there are several policy issues
which the planning commission may wish to discuss.


The R-2 zone has historically allowed multi-unit housing through the conditional use
process which allowed a great deal of discretion over the potential neighborhood impacts
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Section 2, ItemA.

in the R-2 zone. Should the R-2 zone transition to multi-unit housing as an outright use,
remove entirely, or create a transitional multi-family density such as 10 maximum units?
This would establish the R-3 and R-4 zones as the densest residential zones. Under
middle housing rules, the R-2 zone will still allow up to four units per lot and potentially up
to twelve tiny houses in a cottage cluster.


The C-1 zone similarly moves multi-unit housing from a conditional use process to an
outright use. Residential uses are allowed in commercial zones at this time by right under
ORS 197A.445. Under state law, affordable multi-unit housing and conversion of a
commercial structure to residential use (e.g. conversion of a hotel to apartments) is still
permissible. Conversely, the downtown urban renewal district is undergoing an update
to the plan and one of the potential projects is writing a new mixed-use
residential/commercial zone for the downtown. The original urban renewal goal of
converting all structures to commercial is unlikely in the modern commercial environment.
A broader discussion over the future of allowing mixed uses in the city’s commercial zones
is warranted. Exclusive retail areas may no longer be the best fit for Hermiston and
locating housing that is accessible to services may be the next step in the city’s evolution.
Housing in industrial zones still remains an incompatible use.



With the new requirement for single room occupancy dwellings, should boarding and
rooming houses be removed from the code?



Design standards requiring minimum windows on middle housing and multi-unit dwelling
are proposed. Adoption of several design standards for cottage cluster housing
incorporated in the statewide model code are also proposed. Hermiston has traditionally
not used structural design standards. Is this a standard appropriate at this time?

The September 9 workshop is informational and open to the public. Planning staff have
advertised the session to the general public through the city’s GoGov app and invited members
of the development community. No decision is necessary for this meeting, but the city intends
to receive feedback on the proposed changes and make amendments to the draft code as
necessary. Hearings will be scheduled for November on this issue with a goal of adopting prior
to the January 1, 2027, deadline.
Tie-In to Council Goals
N/A
Fiscal Information
N/A
Alternatives and Recommendation
This is a workshop and discussion session. No recommendation is made at this time.
Submitted By:
Clinton Spencer, Planning Director

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Section 2, ItemA.

CHAPTER 154 -– SubdivisionsLand Divisions
GENERAL PROVISIONS
154.01 PURPOSE.
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 subland divisions 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)

154.02 PRELIMINARY ACTIONS.
Each land subdivider of land shall confer with the city staff before preparing a preliminary
subdivision or partition plat or map in order to become thoroughly familiar with the
subdivision land division requirements and with the proposals of the Comprehensive Plan
affecting the territory in which the proposed subdivision land division lies.

(Ord. 858, passed 4-14-75)

154.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
EXPEDITED LAND DIVISION. A division of land that includes land that is zoned for
residential uses, is solely for the purpose of residential use, including recreational or open
space uses accessory to residential use, and meeting all requirements of ORS 197A.142.
FLAG LOT. A lot lacking the requisite minimum lot width or frontage on an existing or
proposed street, having direct access to the street through a narrow leg of land.

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LOT. A unit of land that is created by a subdivision of land. A lot line or boundary line
adjustment is a minor modification to a boundary line between two individual lots or
parcels of land. No new lots or parcels are created in a boundary line adjustment. The
revised lots or parcels meet the requirements of the city zoning code. The procedure for a
lot line or boundary line adjustment is an administrative one through the city staff.
MAJOR PARTITION. A partition which includes the creation of a road or street.
MAP. A final diagram, drawing or other writing concerning a major partition.
MIDDLE HOUSING. Housing that consists of duplexes, triplexes, quadplexes, cottage
clusters, or townhouses.
MIDDLE HOUSING LAND DIVISION. A partition or subdivision of a lot or parcel on which the
development of middle housing is proposed, including bonus units under §157.156.
(1) PARENT LOT. In relation to a Middle Housing Land Division means a lot or parcel
which is developed or is proposed to be developed with a middle housing
development.
(1)(2)
CHILD LOT. In relation to a Middle Housing Land Division means the unit(s) of
land created from a parent lot as the result of a Middle Housing Land Division. A
“child lot” may also be referred to as a “middle housing lot.”
MINOR PARTITION. A partition that does not include the creation of a road or street but is
subject to approval by the city.
PARCEL. A unit of land that is created by a partitioning of land.
PARTITION. Either an act of partitioning land or an area or tract of land partitioned as
defined in this section.
(1) MAJOR PARTITION. A partition which includes the creation of a road or street.
(2) MINOR PARTITION. A partition that does not include the creation of a road or street
but is subject to approval by the city.
PARTITION LAND. To divide land into two or three parcels of land within a calendar year.
Within the same calendar year as an original partition that was not a middle housing land
division, one or more resulting vacant parcels may be further partitioned into not more than
three parcels through a middle housing land division. Partitions do but does not include:
(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;

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Section 2, ItemA.

(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).
PARTITION PLAT. A final map, other writing containing all descriptions, locations,
specifications, revisions, and information concerning a major or minor partition.
PLAT. A final subdivision plat, replat or partition plat.
PROPERTY LINE. The exterior boundary of a lot or parcel. For contiguous lots or parcels
held in common ownership and combined for development purposes, the property line for
purposes of setbacks shall be the exterior boundary of the combined lots or parcels.
Unless otherwise specified, setbacks set forth in this code shall be measured to the
property line.
(1) FRONT PROPERTY LINE. The lot line separating the lot from the street, private road,
or access drive, other than an alley. In the case of a corner lot, the front property line
is the shortest property line along a street, other than an alley, or the property line
toward which an existing building's entrance is oriented. In the case of a corner lot
with equal width and depth, either may be established as the front property line. In
the case of a through lot, each street has a front property line.
(2) REAR PROPERTY LINE. The lot line that is opposite and most distant from the front
property line. In the case of an irregularly shaped lot, a line 10 feet in length within
the lot parallel to and at a maximum distance from the front property line.
(3) SIDE PROPERTY LINE. Any lot line not a front or rear property line.
QUALIFIED PROFESSIONAL. Any person licensed in Oregon as a professional architect,
engineer (civil, geotechnical, structural, or traffic—depending on the sealed product),
geologist, hydrogeologist, or landscape architect.
REPLAT. A final map of reconfiguration of lots and easements of a recorded subdivision or
recorded plat and other writings containing all the descriptions, locations, specifications,
dedications, and provisions and information concerning a recorded subdivision or plat.
STREET or ALLEY. A public way that is created to provide ingress or egress for persons to
one or more lots, parcels, areas or tracts of land.

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Section 2, ItemA.

SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar
year when an area or tract of land exists as a unit or contiguous units of land under a single
ownership at the beginning of the year.
SUBDIVISION. Either an act of subdividing land or an area or a tract of land subdivided as
defined in this section.
SUBDIVISION PLAT. A final map and other writings containing all descriptions, locations,
specifications, dedications, provisions and information concerning a subdivision.
ZERO LOT LINE LOT. A lot lacking the requisite minimum size and/or width for the
underlying zone which is intended for common wall or zero lot line attached housing.

(Ord. 858, passed 4-14-75; Am. Ord. 1769, passed 9-28-92; Am. Ord. 2180, passed 7-25-11)

154.04 JURISDICTION AND PROCEDURE.
(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 subdivision or major or minor partition
not in accordance with the laws of the state and the regulations contained herein.
The proposed subdivision or partition shall first be submitted to the Planning
CommissionCity for approval or disapproval of the preliminary plat in accordance
with the procedures in §157.229.
(B) After report and approval of City staff the Planning Commission is made and filed,
all minor partitions shall be permitted., but
(A)(C)
Aall major partitions and subdivisions shall be submitted to the City Council
for its final plat approval or disapproval. No plat or map shall be recorded and no
lots shall be sold from a plat or map until approved by the City Council and
recorded with the county.

(D) The design and layout of all partitions and subdivisions shall conform with the
requirements of §§ 154.15 through 154.21. The subdivider land divider 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.

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Section 2, ItemA.

(E) A replat as defined in §154.03 and ORS 92.010(13) shall follow the procedures for a
limited land use decision as defined in ORS 197.015(12) and §157.229. The approval
process shall be as provided in ORS 197.195.

(Ord. 858, passed 4-14-75) Penalty, see § 154.99

DESIGN STANDARDS
154.15 RELATION TO ADJOINING STREET SYSTEM.
(A) The function, location, width, and grade of streets shall be considered in relation to
aligned with existing and planned streets, to and topographical conditions, to
public convenience and safety, and to the proposed use of land to be served by the
streets.. The proposed classification shall be in accordance with the
Transportation System Plan (TSP). Where new streets are not identified within the
adopted TSP, said new streets shall be classified as local streets.

(B) Proposed traffic circulation systems will be designed to the adopted Hermiston
Public Works Standards and the TSP, including 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 shall be avoided.

(D) The angle of intersection between minor streets and major streets should shall not
vary by more than 10 degrees from a right angle unless special intersection design
is provided.

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Section 2, ItemA.

(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 or partition abuts a present or proposed major arterial street,
marginal interceptor streets running parallel to the arterial street may will be
required at the minimum intersection spacing as specified in the adopted Public
Works Standards and Transportation System Plan.

(G) Streets shall be interconnected and provide for continuation or appropriate
extension to surrounding properties. Cul-de-sac streets shall not be allowed,
unless only when one or more of the following conditions exist:
(1) Physical or topographic conditions prevent 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 connecting 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 400 150 feet. A cul-de-sac shall terminate with a turn-around per
adopted Public Works Standards..
(5)(H)
The City may approve deviations from the standards of this section when
designed by a qualified professional.

(Ord. 858, passed 4-14-75; Am. Ord. 2004, passed 12-13-99)

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Section 2, ItemA.

154.16 STREET AND ALLEY WIDTH.
(A) The width of streets and alleys shall be adequate to fulfill city standards as
provided for in the Transportation System Plan (TSP) and adopted Public Works
Standards. 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)(A)
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

154.17 EASEMENTS.
(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 mainsall front lot
lines. 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 easementin accordance with the adopted
Public Works Standards.

(B) Along streams. Whenever any stream or important surface drainage course is
located in an area which is being subdivided, the land 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 in accordance with the adopted Public Works Standards.

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Section 2, ItemA.

(C) For irrigation. Whenever any irrigation system is located and/or proposed to be
created in an area which is being subdivided, the land subdivider shall provide an
adequate easement in accordance with the adopted Public Works Standardsas
approved by the Planning Commission and the Hermiston Irrigation District.
(D) The City may approve deviations from the standards of this section when designed
by a qualified professional.
(C)

(Ord. 858, passed 4-14-75) Penalty, see § 154.99

154.18 BLOCKS.
(A) In residential zones, block lengths shall not exceed 600350 feet in length between
intersecting through streets. , except where topography or existing development
creates conditions requiring longer blocks.

(B) Where block lengths exceed 600 400 feet, the Planning Commission may require 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 is required.
(B)(C)
The City may approve deviations from the standards of this section when
designed by a qualified professional.

(Ord. 858, passed 4-14-75; Am. Ord. 2004, passed 12-13-99) Penalty, see § 154.99

154.19 LOTS.
(A) The lot arrangement and design shall be such that all lots will be properly related to
topography and existing development patterns.

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Section 2, ItemA.

(B)(A)
All side lines of lots shall be at right angles to straight street lines and radial
to curved street lines. Lots with double frontage shall be prohibited. Alternative
designs by a qualified professional, including double frontage lots, may be
approved where , unless prevented the lot layout is limited by environmental or
topographical constraints, existing development patterns, or to comply with other
standards in this code. Lots with double frontage shall be avoided.

(C)(B)
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 lot sizes,
depths, and widths of lots shall conform to the standards established by the
zoning code of the city for the zone in which the lots are located. No lot shall have a
depth in excess of three times its width. Where zero lot line lots are proposed, the
minimum lot width shall be a minimum of 60 feet for the aggregate of all attached
housing with a minimum of 2,000 square feet for each individual lot.

(D)(C)
Where corner lots rear upon lots facing the side street, the corner lots shall
have have extra width sufficienta minimum lot width equal to the minimum lot
depth based on the underlying zone 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.

(F)(D)

Where a flag lot is proposed, the following design standards shall apply:
(1) The access portion shall be at least 25 feet wide.
(2) Where two flag lots are proposed, the 25-foot access lane may be shared
between the two lots, with each lot having 12.5 feet of access.
(a) When two lots share a 25-foot access the city will require access
easements to be prepared granting each parcel full access to the
entire 25-foot access for ingress and egress.

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Section 2, ItemA.

(b) No fencing shall be installed in a shared access which inhibits the
right of access for either parcel.
(3) The access portion of an access lane shall be paved to a width of at least 20
feet.
(4) The access shall include sufficient easements and paved improvements to
allow adequate maneuvering space for fire and emergency vehicles in
accordance with adopted Public Works Standards, including the Fire
Apparatus Turnaround Standard Drawing, and the Oregon Fire Code.
(5) The minimum parcel size, setback and lot coverage requirements of the
underlying zone will apply to all flag lots.
(a) When determining minimum parcel size, the access lane shall not
be included in the calculation of lot size or lot coverage.
(b) When determining setback requirements, the front lot line shall be
established by projecting an extension of the access lane through
the property.
(c) The minimum lot width shall be the same as that established in the
underlying zone and shall be parallel to the extension of the access
lane through the property.
(d) The minimum lot depth shall be the same as that established in the
underlying zone and shall be perpendicular to the extension of the
access lane through the property.

(6) No more than two parcels shall be created utilizing a single access flag.
When more than two parcels are proposed, a new public street must shall
be created.

(Ord. 858, passed 4-14-75; Am. Ord. 2180, passed 7-25-11; Am. Ord. 2322, passed 6-14-21)
Penalty, see § 154.99

154.20 MAINTENANCE EASEMENT REQUIREMENTCHARACTER OF
DEVELOPMENT.
(A) Where the subdivision or partition contains sewers, sewage treatment plants,
water supply systems, park areas, streets, trees or other physical facilities
necessary or desirable as required by adopted Public Works Standards and City

16

Section 2, ItemA.

Master Plans and which are of common use or benefit, that 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 are located on private
property, an easement shall be granted for the appropriate 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. Easement widths and locations for water, storm, and sanitary sewer lines
are specified within the adopted Public Works Standards.

(Ord. 858, passed 4-14-75; Am. Ord. 2322, passed 6-14-21)

154.21 PARKS, SCHOOL SITES AND THE LIKE.
In subdividing property, consideration shall be given to suitable sites for schools, parks,
playgrounds and other common areas for public use shall be providedso as to conform to
any recommendation of the City Comprehensive Plan or adopted Parks Master Plan. Any
provision for schools, parks and playgrounds should shall 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)

154.22 ACCESS MANAGEMENT.
Access spacing policies set forth in the City Transportation System Plan, adopted Public
Works Standards, and the Oregon Highway Plan will apply to an proposals for new access
or change of existing access.

(Ord. 2004, passed 12-13-99)

SUBDIVISIONS AND PARTITION PRELIMINARY PLAT

17

Section 2, ItemA.

154.35 PRELIMINARY PLAT REQUIREMENTS.
(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 a
preliminary sketch plat conforming to the requirements of §§154.15 through 154.22
and §§154.60 through 154.661 to the Planning CommissionCity 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.
(B) 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 or partition is to be recorded
and the name of the land subdivider platting the tract;
(5) The names and adjoining boundaries of all adjoining subdivisions or
partitions 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

18

Section 2, ItemA.

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 reviewing City staff.the
Planning Commission.

(D) After theThe 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 Plannerreviewed as a
limited land use decision in accordance with ORS 197.195 and §157.229. After
approval of the preliminary plat, a final plat shall be prepared and reviewed in
accordance with §§154.45 and 154.46.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

SUBDIVISIONS AND MAJOR PARTITION FINAL PLAT
154.45 SUBMISSION TO CITY COUNCIL.
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
land subdivider shall provide the city with a copy of the final platthree 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

19

Section 2, ItemA.

154.46 FINAL PLAT REQUIREMENTS.
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. At the time of filing final plat, the following shall be offered
for dedication:;
(1) All lots or parcels of land shown on the final plat that are designated for
public use, except those lots or parcels which are intended for the exclusive
use of the owners, their licensees, visitors, tenants or employees;
(2) All streets, pedestrian ways, drainage channels, open spaces, easements
and other rights-of-way shown on the final plat intended for public use; and
(3) All rights of access to and from streets, and any other lot or parcel of land
shown on the final plat intended to be offered for dedication.
(C)(D)

The accurate outline of any private easements on the property;

(D)(E)

The line of departure of one street from another;

(E)(F)
The lines of all adjoining property and the lines of adjoining streets and alleys
with their widths and names;

(F)(G)

All lot lines together with an identification system for all lots and blocks;

20

Section 2, ItemA.

(G)(H)
The location of all building lines and easements provided for public use,
services or utilities;

(H)(I)
All dimensions, both linear and angular, necessary for locating the
boundaries of the subdivision or partition, 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)(J) All necessary curve data;

(J)(K)
The location of all survey monuments and bench marks together with their
descriptions;

(K)(L)
The name of the subdivision or partition, the scale of the plat, points of the
compass, and the name of owners or land subdivider;

(L)(M)
The certificate of the surveyor attesting to the accuracy of the survey and the
correct location of all monuments shown;

(M)(N)
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)(O)
Acknowledgment 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)(P)
Certificates of approval for endorsement by the City Council and certificate
indicating its submission to the Planning Commission or City staff, together with

21

Section 2, ItemA.

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

REQUIRED MINIMUM IMPROVEMENTS
154.60 PERMANENT MARKERS.
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

154.61 GENERAL IMPROVEMENTS.
(A) 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.
(B) 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

154.62 WATER LINES.
Where the city public water supply is or becomes available within 300 feet of property
linesreasonably accessible or procurable, each lot within the subdivided area shall be
planned for connection to the water supply, unless existing water supply is via an Exempt

22

Section 2, ItemA.

Use Well. 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 land divisions within the city, unless otherwise approved by the Fire Marshal.

(Ord. 858, passed 4-14-75) Penalty, see § 154.99

154.63 SANITARY SEWERS.
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, tThe 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

154.64 DRAINAGE.
(A) Compliance with all requirements of the adopted Public Works Standards regarding
stormwater, groundwater, and surface water shall be demonstrated.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

154.65 SIDEWALKS.
(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 unit and two-

23

Section 2, ItemA.

family homes duplex dwellings 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 Public Works Standards, which are adopted by reference.

(Ord. 2004, passed 12-13-99; Am. Ord. 2322, passed 6-14-21) Penalty, see § 154.99

154.66 BIKEWAYS.
(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 Public Works Standards, which and are adopted by
reference.

(Ord. 2004, passed 12-13-99) Penalty, see § 154.99

24

Section 2, ItemA.

ADMINISTRATION AND ENFORCEMENT
[NEW] 154.73 EXPEDITED LAND DIVISIONS.
(A) The expedited land division procedure provides an alternative to the standard
procedures for land divisions. The applicant may choose to use the process if the
land division request meets all of the elements specified in ORS 197A.142.
(B) An expedited land division process may be used for residential minor and major
partitions, residential subdivisions, and residential subdivision replat applications.
(C) The submittal for an expedited land division application shall be congruent with the
submittal requirements for a partition or subdivision (§§154.35 and 154.46). On
receipt of a complete application, the City shall review, decide, and notice the
expedited land division within 63 days in accordance with the requirements of ORS
197A.140 and 197A.142.
1)

There shall be no public hearing on the application.

2)

The Planning Official’s decision shall be based on applicable elements of
the Hermiston Municipal Code.

3)

The Planning Official’s decision may be appealed only by the applicant
within 14 days of the mailing of the decision notice and shall be
accompanied by an appeal application and fee set by resolution of the
City Council.

[NEW] 154.74 MIDDLE HOUSING LAND DIVISIONS.
(A) The City shall approve a tentative plan for a middle housing land division (MHLD) if
the application includes:
1)

A proposal for development of middle housing in compliance with the
Oregon Residential Specialty Code and land use regulations applicable to
the original lot or parcel and which may consist of:

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Section 2, ItemA.

(a) A single duplex, triplex, quadplex, cottage cluster, or structure
containing townhouses;
(b) Additional units as allowed by §157.156; and
(c) Retained or rehabilitated existing units allowed under §§157.154 or
157.155, as applicable.
2)

Separate utilities for each dwelling unit;

3)

Proposed easements necessary for each dwelling unit on the plan for:
(a) Locating, accessing, replacing and servicing all utilities;
(b) Pedestrian access from each dwelling unit to a private or public
road;
(c) Any common use areas or shared building elements;
(d) Any dedicated driveways or parking; and
(e) Any dedicated common area;

4)

Exactly one dwelling unit on each resulting lot or parcel, except for
(a) Lots, parcels or tracts used as common areas; and
(b) Lots or parcels with a detached single-unit dwelling and accessory
dwelling unit or a duplex.

5)

Demonstration of compliance of buildings or structures on a resulting
child lot with the Oregon Residential Specialty Code and applicable
development and building code provisions, with respect to new property
lines.

6)

Where a resulting MHLD lot abuts a street that does not meet city
standards, proposed street frontage improvements and, if necessary,
additional right-of-way dedication, consistent with §157.160 through

26

Section 2, ItemA.

§157.165 and the City’s adopted public works standards and design and
construction specifications.
(B) The City may add conditions to the approval of a tentative plan for an MHLD to:
1)

Prohibit the further division of the resulting lots or parcels.

2)

Require that a notation appear on the final plat indicating:
(a) That the approval was given under ORS 92.031.
(b) The type of middle housing approved on the subject site and noting
that this middle housing type shall not be altered by the MHLD.
(c) Accessory dwelling units are not permitted on resulting child lots.

3)

Require that all public improvements and site improvements that are
required to satisfy the approval criteria in (A) and applicable standards of
this code are constructed prior to issuance of Certificate of Occupancy
for the development.

(C) In reviewing an application for an MHLD, the City:
1)

Shall apply the procedures under §154.73 for expedited land divisions, if
requested by the applicant, without regard to ORS 197A.142(1).

2)

Shall not subject an application to approval criteria except as provided in
this section, including that a lot or parcel require driveways, vehicle
access, parking, or minimum or maximum street frontage.

3)

Shall allow the application of one or more than one MHLD submitted at
the same time as an application for a standard land division to be
consolidated into a single application subject to the procedural
requirements for the standard land division.

4)

Shall allow the submission of an application for a tentative plan for a
MHLD before, after, or at the same time as the submission of an
application for building permits for the middle housing.

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Section 2, ItemA.

5)

May require the dedication of right of way if the original parcel did not
previously provide a dedication.

6)

Shall allow any existing units allowed under §154.74(A)(1)(c) to be
considered a single middle housing unit and allow for the unit to be
allocated its own lot or parcel by the division.

(D) The type of middle housing developed on the original parcel is not altered by a
MHLD. The development is still subject to the requirements and standards that
applied to the original lot prior to the MHLD. In other words, the middle housing
development is still defined and regulated as the original middle housing type after
an MHLD is completed. For example, an attached triplex that undergoes an MHLD
does not become a townhouse development; the structure and parent lot are still
subject to requirements/standards for a triplex.
(E) A child lot shall not be further divided by an MHLD or allow any additional ADUs.
(F) Within the same calendar year as an original partition that was not an MHLD, the
City may allow the resulting vacant parcels to be further partitioned into not more
than three parcels through an MHLD.
(G) Applications for MHLD shall be accompanied by an application form and fee set by
resolution of the city council.
(H) The tentative approval of an MHLD is void if a final subdivision or partition plat is not
approved within three years of the tentative approval. Nothing in this section or ORS
197A.140 to 197A.142 prohibits the City from requiring a final plat before issuing
building permits.

154.75 VARIATIONS AND EXCEPTIONS.
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 CouncilPlanning Commission may vary or modify requirements, except
in the case of a residential subdivision or partition, so that the subdivider land divider may

28

Section 2, ItemA.

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. For a residential subdivision or partition, City staff
shall review an application for a subdivision or partition variance against the criteria in
§157.225(1)(a) through (c) but in accordance with the procedures set in §157.229.

(Ord. 858, passed 4-14-75)

154.76 APPEALS.
An action or ruling of the Planning Commission or City staff authorized by this chapter may
be appealed to the City Council, within ten days after the Planning Commission review
authority 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 Commissionreview
authority shall be final.

(Ord. 858, passed 4-14-75)

154.99 PENALTY.
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.

29

Section 2, ItemA.

CHAPTER 157 - Zoning
GENERAL PROVISIONS
157.001 PURPOSE.
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 2-28-94)

157.002 DEFINITIONS.
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 DWELLING UNIT. Interior, attached or detached residential structure that is
used in connection with, or that is accessory to, a single-unit dwelling.

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.

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Section 2, ItemA.

AFFORDABLE HOUSING. Residential property whose affordability is enforceable for a
duration of no less than 30 years, including those properties under a covenant in ORS
456.270 to 256.295, in which:
(1) Each unit on the property is made available to own or rent to families with incomes
of 80 percent or less of the area median income;
(2) The average of all units on the property is made available to families with incomes of
60 percent or less of the area median income; or
(1)(3)
A manufactured dwelling park is operated that serves only households with
incomes of 120 percent or less of the area median income.

ALLEY. A narrow street through a block primarily for vehicular service access to the back or
side of properties otherwise abutting on another street.

AREA MEDIAN INCOME. The median income for Umatilla County in which housing is
located as determined by the Housing and Community Services Department and adjusted
for household size based on information from the United States Department of Housing
and Urban Development.

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.

CHILD CARE CENTER. A facility, other than a family child care home, that is certified under
ORS 329A.280 (3); a preschool program or school-age program recorded under ORS
329A.255; or a parent cooperative, as defined in ORS 329A.250.

31

Section 2, ItemA.

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.

COMMON WALL HOUSING. Attached housing units where each dwelling is located on a
separate lot and sharing a wall on one or both sides with a neighboring dwelling.

DAY CARE HOME. Any facility, other than a single-family unit dwelling, in which care and
nurturing are provided to the young or elderly.

DWELLING, MULTI-FAMILYUNIT (APARTMENT). A building containing three five or more
dwelling units. For the purposes of this chapter multiple two0family dwellings on a single
lot shall also be considered multi-family dwellings as long as the total number of dwelling
units is equal to or greater than three. on the same lot or development site, not including
middle housing.

DWELLING, MULTI-UNIT (COTTAGE CLUSTER). A grouping of dwelling units that share a
common courtyard, up to 12 units. The average cottage footprint within a cottage cluster
may be no greater than 900 square feet. The dwelling units may be detached or attached,

32

Section 2, ItemA.

provided no one building or structure contains more than 4 dwelling units. Cottage cluster
may also be known as “cluster housing,” “cottage housing,” “bungalow court,” “cottage
court,” “courtyard housing,” “garden apartments,” or “pocket neighborhood.”

DWELLING, MULTI-UNIT (QUADPLEX). Four attached or detached dwelling units in any
configuration on a lot or parcel.

DWELLING, MULTI-UNIT (TRIPLEX). Three attached or detached dwelling units in any
configuration on a lot or parcel.

DWELLING, SINGLE-FAMILYUNIT. A detached building containing one dwelling unit and is
meant to mean structures conforming to the Oregon State Building Codes, unless
otherwise specified.

DWELLING, SINGLE-UNIT ATTACHED (TOWNHOME). A dwelling unit in a row of two or
more attached units, located on its own lot that shares one or more common or abutting
walls with an adjacent unit. A townhouse is also commonly called a “rowhouse,” “attached
house,” “townhome,” or “common-wall house.”

DWELLING, SINGLE ROOM OCCUPANCY. A residential development with no fewer than
four attached or detached units that are independently rented and lockable and provide
living and sleeping space for the exclusive use of an occupant, but require that the
occupant share sanitary or food preparation facilities with other units in the occupancy.
Dwelling units may be site-built, prefabricated, or manufactured.
(1) SINGLE ROOM OCCUPANCY UNIT. An individual unit within a single room
occupancy. An SRO unit is not a dwelling unit with independent cooking and
sanitation facilities.

DWELLING, TWO-FAMILYUNIT (DUPLEX). Two attached or detached dwellings in any
configuration on a lot or parcel.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

33

Section 2, ItemA.

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. A building, or a portion of a building, that has independent living facilities
including provisions for sleeping, cooking, and sanitation, and that is designed for
residential occupancy by a group of people. Buildings with more than one set of cooking
facilities are considered to contain multiple dwelling units or accessory dwelling units, as
applicable, unless the additional cooking facilities are clearly accessory to the primary use,
such as an outdoor grill or wet bar. Dwelling units may be site-built, prefabricated, or
manufactured. 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.

EMERGENCY SHELTER. A building or cluster of buildings that provides shelter on a
temporary basis for individuals and families who lack permanent housing.

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.
FAMILY CHILD CARE HOME. A child care facility in a dwelling that is caring for not more
than 16 children and is certified under ORS 329A.280(2) or is registered under ORS
329A.330. This 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.

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Section 2, ItemA.

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 occupants 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.

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Section 2, ItemA.

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.

LOCAL GOVERNMENT. All cities, counties and local service districts located in Oregon, and
all administrative subdivisions of those cities, counties and local service districts.

LOT. A parcel or tract of land.

36

Section 2, ItemA.

(1) 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.

(2) LOT, INTERIOR. A lot other than a corner lot.

LOT AREA. The total horizontal area within the lot lines of a lot.

LOT COVERAGE. The area of a lot covered by any structure under a roof expressed as a
percentage of the total lot area. Covered decks, porches, patios, and gazebos may occupy
an additional five percent of the total lot area.

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.

37

Section 2, ItemA.

MANUFACTURED DWELLING. A residential trailer, mobile home, or manufactured home.
(1) MANUFACTURED HOME. 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; and that was constructed in
accordance with federal manufactured housing construction and safety standards
and regulations in effect at the time of construction meets minimum requirements
of Federal Housing and Urban Development standards; is constructed on steel
chassis and equipped with axles and towing tongue.
(2) MOBILE HOME. A structure constructed for movement on the public highways that
has sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
between January 1, 1962, and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of construction.
(3) PREFABRICATED STRUCTURE. A building or subassembly that has been in whole or
substantial part manufactured or assembled using closed construction at an offsite location to be wholly or partially assembled on-site, that is relocatable, more
than eight and one-half feet wide and designed for use as a single-unit dwelling.
(4) RESIDENTIAL TRAILER. A structure constructed for movement on the public
highways that has sleeping, cooking and plumbing facilities, that is intended for
human occupancy, that is being used for residential purposes and that was
constructed before January 1, 1962.

MANUFACTURED DWELLING PARK. Means any place where four or more manufactured
dwellings or prefabricated structures, that are relocatable and more than eight and onehalf feet wide, are located within 500 feet of one another on a minimum one acre lot, tract
or parcel of land under the same ownership, the primary purpose of which is to rent or
lease space or keep space for rent or lease to any person for a charge or fee paid or to be
paid for the rental or lease or use of facilities or to offer space free in connection with
securing the trade or patronage of such person.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

38

Section 2, ItemA.

parts, the MANUFACTURING of products, and the blending of materials such as lubricating
oils, plastics, resins or liquors.

MIDDLE HOUSING. Housing that consists of duplexes, triplexes, quadplexes, cottage
clusters or townhouses.

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.

39

Section 2, ItemA.

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.
PROPERTY LINE. The exterior boundary of a lot or parcel. For contiguous lots or parcels
held in common ownership and combined for development purposes, the property line for
purposes of setbacks shall be the exterior boundary of the combined lots or parcels.
Unless otherwise specified, setbacks set forth in this code shall be measured to the
property line.
(1) FRONT PROPERTY LINE. The lot line separating the lot from the street, private road,
or access drive, other than an alley. In the case of a corner lot, the front property line
is the shortest property line along a street, other than an alley, or the property line
toward which an existing building's entrance is oriented. In the case of a corner lot
with equal width and depth, either may be established as the front property line. In
the case of a through lot, each street has a front property line.
(2) REAR PROPERTY LINE. The lot line that is opposite and most distant from the front
property line. In the case of an irregularly shaped lot, a line 10 feet in length within
the lot parallel to and at a maximum distance from the front property line.
(3) SIDE PROPERTY LINE. Any lot line not a front or rear property line.

QUALIFIED PROFESSIONAL. Any person licensed in Oregon as a professional architect,
engineer (civil, geotechnical, structural, or traffic—depending on the sealed product),
geologist, hydrogeologist, or landscape architect.

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.

40

Section 2, ItemA.

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 residential care or residential training facility, as those
terms are defined in ORS 443.400, that provides residential care alone or in conjunction
with treatment or training or a combination thereof for six to fifteen individuals who need
not be related. Staff persons required to meet licensing requirements shall not be counted
in the number of facility residents, and need not be related to each other or to any resident
of the residential facility.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 residential treatment or training home, as defined in ORS
443.400, a residential facility registered under ORS 443.480 to 443.500 or an adult foster
home licensed under ORS 443.705 to 443.825 that provides residential care alone or in
conjunction with treatment or training or a combination thereof for five or fewer individuals
who need not be related. Staff persons required to meet licensing requirements shall not
be counted in the number of facility residents, and need not be related to each other or to
any resident of the residential home.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.

41

Section 2, ItemA.

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.

SECONDHAND STORE. Any establishment or place of business whose regular business
includes buying, selling, trading, taking in pawn, accepting for sale on consignment,
secondhand tangible property (excluding motor vehicles), previously owned, used, rented,
or leased.

SETBACK. The minimum allowable distance between a building foundation and a given line
of reference. The distance between the street right-of-way line and the front line of a
building foundation, excluding uncovered steps.
(1) FRONT SETBACK. The distance between the back of the sidewalk, approximately
parallel to the front property line, and the front line of a building foundation.
(2) GARAGE SETBACK. The distance between the back of the sidewalk and the front line
of the garage foundation.
(3) REAR SETBACK. The distance between the rear property line and the rear line of a
building foundation.
(4) SIDE SETBACK. The distance between the side property line and the side line of a
building foundation.

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

42

Section 2, ItemA.

(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.

43

Section 2, ItemA.

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.

TOWNHOUSE STRUCTURE. A structure formed by attached townhouses where the units
have individual ground floor entries, share one or more common walls with one or more
other units, do not share common floors or ceilings with other units, and are proposed on
separate townhouse lots.

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.

44

Section 2, ItemA.

YARD. An open space on a lot which is unobstructed from the ground upward, except as
otherwise provided in this chapter.

(1) 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.

(2) 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.

(3) 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; Am. Ord. 2180, passed 7-2511; Am. Ord. 2235, passed 12-28-15; Am. Ord. 2301, passed 7-27-20)

157.003 COMPLIANCE WITH CHAPTER PROVISIONS.
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 2-28-94) Penalty, see § 157.999

157.004 STATE AND FEDERAL REGULATIONS.
All development within the city shall adhere to subsections (A) through (E) of this section,
but these standards shall not be approval standards for land use decisions, limited land
use decisions or expedited land divisions but they shall govern all other city approvals
necessary for building permits and to establish a use:

45

Section 2, ItemA.

(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.

(E) In addition to the requirements of the zoning ordinance, all uses and development
must comply with all other applicable city, regional, state, and federal regulations and
laws.

(F) Any use not authorized by this section is prohibited unless permitted outright or as a
conditional use or determined to be similar to other uses in a zone by the Planning
Commission.

(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07; Am. Ord. 2177, passed 7-2511; Am. Ord. 2207, 10-14-13) Penalty, see § 157.999

157.005 INTERPRETATION.
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 2-28-94)

46

Section 2, ItemA.

CLASSIFICATION OF ZONES AND ZONING MAP
157.015 ESTABLISHMENT OF ZONES.
For the purpose of this chapter, the city is divided into zones designated as follows:
Zone
Low Density Residential
Medium Density Residential
Medium-High Density Residential
Multi-Structure Residential
Central Commercial
Outlying Commercial
Light Industrial
Heavy Industrial
Airport
Open Space

Residential Designations
R-1
R-2
R-3
R-4
C-1
C-2
M-1
M-2
A
OS

(Ord. 1840, passed 2-28-94; Am. Ord. 2322, passed 6-14-21)

157.016 ZONING MAP.
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 2-28-94)

RESIDENTIAL ZONES
157.025 LOW DENSITY RESIDENTIAL ZONE (R-1).
(A) Uses permitted outright. In a R-1 zone, only the following uses and their accessory uses
are permitted outright:

47

Section 2, ItemA.

(1)
(1)
(2)

Single-family unit dwelling;

Two-family Duplex, triplex, and quadplex dwellings subject to
requirements of §157.154;
(3)
Townhouses subject to requirements of §157.154;
(4)
Cottage clusters subject to requirements of §157.155;
(2)(5) Conversions of an existing single-unit dwelling to a middle housing type,
so long as the addition or conversion does not increase nonconformance
with applicable siting and design standards;
(6)
Residential care home;
(3)(7) Child care center when collocated with a legally established institutional
use. Where the institutional use is conditionally allowed, no additional
conditions of approval applicable to the child care center can be applied;
(4)(8) Home occupations;
(9)
Accessory structures;
(5)(10)
Family Child Care Home;
(6)
Family day care provider;
(7)
Manufactured dwelling placed on an individual lot outside of a
manufactured dwelling park and subject to requirements of §
157.145home or prefabricated dwelling subject to requirements of
§157.145. This requirement shall not be construed as abrogating a
recorded restrictive covenant; and
(11) Utility facilities as defined in § 157.143;
(12) One accessory dwelling unit subject to requirements of §157.136; .
(13) Single room occupancy in accordance with the requirements of §157.153;
(14) Restoration or replacement of a dwelling damaged or destroyed by a
natural or involuntary event subject to the requirements of ORS 197.XXX;
and
(8)(15)
Conversion of a commercial use to a residential use, subject to
§157.158.

(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:
(1)
Cemetery;
(2)
Church;
(3)
Community building;

48

Section 2, ItemA.

(4)
(5)

Day care home;
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) Dimensional StandardsLot size. In aa R-1 zone, the dimensional standardslot size
shall be as follows:
(D) The minimum lot area shall be 8,000 square feet;
(1)
The minimum lot depth shall be 80 feet; and
(2)
The minimum lot width shall be 60 feet and 25 feet for cul-de-sac lots.
Standard

Single-unit

Cottage Cluster

Townhouse

8,000
75

Duplex, Triplex, &
Quadplex
8,000
75

Min. lot size (sq ft)
Min. lot depth (ft)

8,000
75

1,500
75

Min. lot width(a) (ft)

60

60

60

20

10
10
10

15
20
10

7
10

7
10

10
35

0
10(b)
35

Min. Setback (ft, measured from foundation)
Front 15
15
Garage 20
20
Covered patio or 10
10
porch, front
Side 7
7
Side, corner lot on 10
10
street side
Common wall Rear 10(b)
10(b)
Height (ft)
35
35

49

Section 2, ItemA.

Max. lot coverage(c)
(%)
Min. density
(units/acre)

40

40

-

40(d)

-

-

4

-

(a) Cul-de-sac lots may have a minimum lot width of 25 feet, or 20 feet in the case of a townhouse lot on
a cul-de-sac.
(b) Rear yard setbacks for structures over 15 feet in height shall be increased by 1 foot, up to a maximum
of 25 feet, for every foot or fraction thereof above 15 feet.
(c) Covered decks, porches, patios, and gazebos may occupy an additional 5% of total lot area.
(d) For townhouses, the maximum lot coverage standard is applied across the entire townhouse
structure and associated townhouse lots.

(E) Setback requirements. Except as provided in § 157.140, in a R-1 zone the yards shall
be as follows:
(1) The front yard shall be a minimum of 15 feet, measured from the foundation.
The garage shall be constructed at 20 feet measured from the foundation.
When a covered patio or covered porch is constructed in the front yard, the
porch or patio may be constructed with a ten-foot setback.
(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.

(F) Heights of buildings. In a R-1 zone, no building shall exceed a height of 35 feet.

(G) Lot coverage. In a R-1 zone, buildings shall not occupy more than 40% of the lot
area. Covered decks, porches, patios, and gazebos may occupy an additional five
percent of the total lot area.

(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07; Am. Ord. 2180, passed 7-2511; Am. Ord. 2251, passed 9-25-17; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

50

Section 2, ItemA.

157.026 MEDIUM DENSITY RESIDENTIAL ZONE (R-2).
(A) Uses permitted outright. In a R-2 zone, only the following uses and their accessory
uses are permitted outright:
(1) aA use permitted outright in the R-1 zone; and their accessory uses.
(2) Child care center;
(3) Manufactured Dwelling Park in accordance with §157.146; and
(1)(4)
Multi-unit apartment dwelling.

(B) Conditional uses permitted. In a R-2 zone, the following uses and their accessory
uses are permitted when authorized in accordance with the requirements of §§
157.205 through 157.210:
(1) A use permitted as a conditional use in a R-1 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) Multiple-family dwelling;
(5)(4) Neighborhood grocery, drug store, convenience store or florist shop which
serves the immediate neighborhood and with less than 4,000 gross square
feet;
(6)(5) Planned unit development; and
(7)(6) Residential care facility.

(C) Dimensional Standards. In a R-2 zone, the dimensional standards shall be as
follows
(1) A Manufactured Home Park shall have a minimum lot area of 1 acre.
Setback, height, and lot coverage standards shall accord with multi-unit
(not middle housing) requirements.
(C) Lot size. In a R-2 zone, the minimum lot size shall be as follows:
(D) The minimum lot area for single-family and two-family dwellings shall be 6,500
square feet;
(1)
The minimum lot area for multiple-family dwellings shall be 9,000 square feet
plus 1,500 square feet for each dwelling unit over two;
(2)
The minimum lot depth shall be 80 feet; and
(E)(2)
As below: The minimum lot width shall be 60 feet and 25 feet for culde-sac lots.

51

Section 2, ItemA.

Standard
Min. lot area
(sq ft)
Min. lot depth
(ft)
Min. lot
width(a) (ft)

Single- Duplex &
unit
Triplex
6,500
6,500

Quadplex Cottage
Cluster
7,000
7,000

Townhouse

75

75

75

75

75

Multi-unit (not
middle housing)
7,000, plus
1,000/unit for more
than 5 units
75

60

60

60

60

20

60

10
10
10

15
20
10

15
20
10

5
10

5
10

5
10

10

0
10(b)

10(b)

Min. Setback (ft, measured from foundation):
Front 15
15
15
Garage 20
20
20
Covered patio 10
10
10
or porch, front
Side 5
5
5
Side, corner 10
10
10
lot on street
side
Common wall (b)
(b)
Rear 10
10
10(b)
Max. height
(ft)
Max. lot
coverage(c)
(%)
Min. density
(units/ac)

1,500

35

35

35

35

35

35

45

45

45

-

45(d)

45

-

-

-

4

-

-

(a) Cul-de-sac lots may have a minimum lot width of 25 feet, or 20 feet in the case of a townhouse lot on
a cul-de-sac.
(b) Rear yard setbacks for structures over 15 feet in height shall be increased by 1 foot, up to a maximum
of 25 feet, for every foot or fraction thereof above 15 feet.
(c) Covered decks, porches, patios, and gazebos may occupy an additional 5% of total lot area.
(d) For townhouses, the maximum lot coverage standard is applied across the entire townhouse
structure and associated townhouse lots.

(F) Setback requirements. Except as provided in § 157.140, in a R-2 zone the yards
shall be as follows:
(1) The front yard shall be a minimum of 15 feet, measured from the
foundation. The garage shall be constructed at 20 feet measured from the
foundation. When a covered patio or covered porch is constructed in the
front yard, the porch or patio may be constructed with a ten-foot setback.

52

Section 2, ItemA.

(2) Each side yard shall be a minimum of five 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.

(G) Height of buildings. In a R-2 zone, no building shall exceed a height of 35 feet.
(H)
Lot coverage. In a R-2 zone, buildings shall not occupy more than 45% of the lot
area. Covered decks, porches, patios, and gazebos may occupy an additional five percent
of the total lot area.

(Ord. 1840, passed 2-28-94; Am. Ord. 2180, passed 7-25-11; Am. Ord. 2251, passed 9-2517; Am. Ord. 2263, passed 9-24-18; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

157.027 MEDIUM-HIGH DENSITY RESIDENTIAL ZONE (R-3).
(A) Uses permitted outright. In a R-3 zone, only the following uses and their accessory
uses are permitted outright:
(1) A use permitted outright in the R-2 zone;
(2) Bed and breakfast, boarding, lodging or rooming house;
(2)
(3) Multiple-family dwelling; and
(4)(3)
Residential care facility.

(B) Conditional uses permitted. In a R-3 zone, the following uses and their accessory uses
are permitted when authorized in accordance with the requirements of §§ 157.205
through 157.210:
(1) A conditional use permitted in a R-2 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;

53

Section 2, ItemA.

(3) Doctor prescribed medical products sales with less than 4,000 gross square
feet; and
(4) Manufactured dwelling park meeting requirements of § 157.146; and
(5)(4)
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) Dimensional Standards. In a R-3 zone, the dimensional standards shall be as follows:
(1) A Manufactured Home Park shall have a minimum lot area of 1 acre.
Setback, height, and lot coverage standards shall accord with multi-unit
(not middle housing) requirements.
(C) Lot size. In a R-3 zone, the lot size shall be as follows:
(D) The minimum lot area for single-family dwellings and two-family dwellings shall be
5,000 square feet for an interior lot and 6,000 square feet for a corner lot;
(1)
For multiple-family dwellings, the minimum lot area shall be 7,500 square
feet or 2,000 square feet per dwelling unit, whichever is greater;
(2)
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 cul-de-sac lots; and
(E)(2)
As below:The minimum lot depth shall be 80 feet.
Standard

Single- Duplex &
unit
Triplex
Min. lot area (sq ft)
Interior lot 5,000
5,000
Corner lot 6,000
Min. lot depth
75
(ft)
Min. lot width(a) (ft)

Quadplex Cottage
Cluster

Townhouse

Multi-unit (not
middle housing)

7,000

7,000

1,500

6,000

7,000

7,000

1,500

75

75

75

75

7,000, plus
1,000/unit for
more than 5 units
7,000, plus
1,000/unit for
more than 5 units
75

20
20

60
70

Interior lot 60
60
60
60
Corner lot 70
70
70
70
Min. Setback, Max. height, Max. lot coverage, Min. density:
As established in §157.026(C).

(a) Cul-de-sac lots may have a minimum lot width of 25 feet, or 20 feet in the case of a townhouse lot on
a cul-de-sac.

54

Section 2, ItemA.

(F) Setback requirements. Except as provided in § 157.140, in a R-3 zone the yards shall
be as follows:
(1)
The front yard shall be a minimum of 15 feet, measured from the
foundation. The garage shall be constructed at 20 feet measured from the
foundation. When a covered patio or covered porch is constructed in the
front yard, the porch or patio may be constructed with a ten-foot setback;
(2)
Each side yard shall be a minimum of five 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
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.

(G) Height of buildings. In a R-3 zone, no buildings shall exceed a height of 35 feet.

(H)
Lot coverage. In a R-3 zone, buildings shall not occupy more than 45% of the
lot area. Covered decks, porches, patios, and gazebos may occupy an additional
five percent of the total lot area.
(Ord. 1840, passed 2-28-94; Am. Ord. 2180, passed 7-25-11; Am. Ord. 2251, passed 9-2517; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

157.028 MULTI-STRUCTURE RESIDENTIAL ZONE (R-4).
(A) Uses permitted outright. In a R-4 zone, the following uses and their accessory uses
are permitted outright:
(1) A use permitted outright in the R-3 zone.; and
(2) Manufactured dwelling park subject to requirements of § 157.146.

(B) Conditional uses permitted. In a R-4 zone, the following uses and their accessory
uses are permitted when authorized in accordance with the requirements of §§
157.205 through 157.210:

55

Section 2, ItemA.

(1) A conditional use permitted in a R-3 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) Dimensional Standards. In a R-4 zone, the dimensional standards shall be as
established in the R-3 zone in §157.027(C).
(1) A Manufactured Home Park shall have a minimum lot area of 1 acre.
Setback, height, and lot coverage standards shall accord with multi-unit
(not middle housing) requirements.
(C)(2)
A Recreational Vehicle Park shall have a minimum lot area of 3 acres.
Setback, height, and lot coverage standards shall accord with multi-unit
(not middle housing) requirements. Lot size. In a R-4 zone, the lot size shall
be as follows:
(D) The minimum lot area for single-family dwellings and two-family
dwellings shall be 5,000 square feet for an interior lot and 6,000
square feet for a corner lot;
(1) For multiple-family dwellings, the minimum lot area shall be 7,500 square
feet or 2,000 square feet per dwelling unit, whichever is greater;
(2) The minimum lot area for manufactured dwelling parks shall be five acres;
(3) 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 cul-de-sac lots; and
(4)(3)
As below: The minimum lot depth shall be 80 feet.
Standard

Single- Duplex & Quadplex
unit
Triplex
Min. lot area (sq ft)
Interior lot 5,000
5,000
7,000
Corner lot 6,000
6,000
7,000
Min. lot depth
75
75
75
(ft)
Min. lot width(a) (ft)
Interior lot 60
60
60
Corner lot 70
70
70
Min. Setback (ft, measured from foundation):
Front 15
15
15
Garage 20
20
20
Covered patio or 10
10
10
porch, front
Side 5
5
5

Cottage Townhouse Multi-unit (not
Cluster
middle housing)
7,000
7,000
75

1,500
1,500
75

7,000
7,000
75

60
70

20
20

60
70

10
10
10

15
20
10

15
20
10

5

5

5

56

Section 2, ItemA.

Side, corner lot 10
on street side
Common wall Rear 10(b)

10

10

10

10

10

10(b)

10(b)

10

0
10(b)

10(b)

Max. height (ft)
Max. lot
coverage(c) (%)
Min. density
(units/ac)

35
45

35
45

35
45

35
-

35
45

35
45(d)

-

-

-

4

-

-

(a) Cul-de-sac lots may have a minimum lot width of 25 feet, or 20 feet in the case of a townhouse lot on
a cul-de-sac.
(b) Rear yard setbacks for structures over 15 feet in height shall be increased by 1 foot, up to a maximum
of 25 feet, for every foot or fraction thereof above 15 feet.
(c) Covered decks, porches, patios, and gazebos may occupy an additional 5% of total lot area.
(d) For townhouses, the maximum lot coverage standard is applied across the entire townhouse
structure and associated townhouse lots.

(E) Setback requirements. Except as provided in § 157.140, in a R-4 zone the yards
shall be as follows:
(1) The front yard shall be a minimum of 15 feet, measured from the
foundation. The garage shall be constructed at 20 feet measured from the
foundation. When a covered patio or covered porch is constructed in the
front yard, the porch or patio may be constructed with a ten-foot setback;
(2) Each side yard shall be a minimum of five 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.
(F)

Height of buildings. In a R-4 zone, no buildings shall exceed a height of 35 feet.

(G)
Lot coverage. In a R-4 zone, buildings shall not occupy more than 45% of the lot
area. Covered decks, porches, patios, and gazebos may occupy an additional five percent
of the total lot area.

57

Section 2, ItemA.

(Ord. 1840, passed 2-28-94; Am. Ord. 2180, passed 7-25-11; Am. Ord. 2251, passed 9-2517; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

157.029 RECREATIONAL RESIDENTIAL ZONE (RR).
(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)(1)Attached single-family dwellings;
(3)(2)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)(3)Recreational vehicle storage for use by residents of the Recreational
Residential zone development within which the storage facility is located.

(B) Dimensional Standards. In a RR zone, the dimensional standards shall be as
follows.
(B) Lot size. In an RR zone, the lot size shall be as follows:
(C) The minimum lot area for single-family detached and two-family dwellings shall be
5,000 square feet for an interior lot and 6,000 square feet for a corner lot;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;
(1)
For attached single-family dwellings, the minimum lot area shall be 1,800
square feet per dwelling unit;
(2)
For single-family detached and for multifamily 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;
(3)
For attached single-family dwellings, the minimum lot width at the front
building line shall be 20 feet; andThe minimum lot depth shall be 60 feet.
(1) A Manufactured Home Park shall have a minimum lot area of 1 acre.
Setback, height, and lot coverage standards shall accord with multi-unit (not
middle housing) requirements.
(2) As below:

58

Section 2, ItemA.

(D) Setback requirements. Except as provided in § 157.140, in an RR zone the yards
shall be as follows:
(1) For detached single-family, two-family dwelling, and multifamily development
the front yard shall be a minimum of 15 feet, measured from the foundation.
The garage shall be constructed at 20 feet measured from the foundation.
When a covered patio or covered porch is constructed in the front yard, the
porch or patio may be constructed with a ten-foot setback;
(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, two-family dwelling, and multifamily
development, each side yard shall be a minimum of five 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;
(4) For attached single-family, the side yard of the end units shall be a minimum
of five feet; and
The back yard shall be a minimum of ten feet, measured from the foundation.
Standard

Single- Duplex & Quadplex
unit
Triplex
Min. lot area (sq ft)
Interior lot 5,000
5,000
7,000
Corner lot 6,000
6,000
7,000
Min. lot depth 60
60
60
(ft)
Min. lot width(a) (ft)
Interior lot 50
50
50
Corner lot 60
60
60
Min. Setback (ft, measured from foundation):
Front 15
15
15
Garage 20
20
20
Covered patio 10
10
10
or porch, front
Side 5
5
5
Side, corner 10
10
10
lot on street
side
Common wall Rear 10
10
10

Cottage
Cluster

Townhouse

Multi-unit (not
middle housing)

7,000
7,000
60

1,500
1,500
60

7,000
7,000
60

50
60

20
20

50
60

10
10
10

15
20
10

15
20
10

5
10

5
10

5
10

10

0
10

10

Max. height
(ft)

40

40

40

40

40

40

59

Section 2, ItemA.

Max. lot
coverage(b)
(%)
Min. density
(units/ac)

45

45

45

-

45

45(c)

-

-

-

4

-

-

(a) Cul-de-sac lots may have a minimum lot width of 25 feet, or 20 feet in the case of a townhouse lot on
a cul-de-sac.
(b) Covered decks, porches, patios, and gazebos may occupy an additional 5% of total lot area.
(c) For townhouses, the maximum lot coverage standard is applied across the entire townhouse
structure and associated townhouse lots.

(E) Height of buildings. In an RR zone, no residential buildings shall exceed a height
of 40 feet.

(F)
Lot coverage. In an RR zone, buildings shall not occupy more than 45% of the lot
area. Covered decks, porches, patios, and gazebos may occupy an additional five percent
of the total lot area.

(Ord. 2098, passed 12-13-04; Am. Ord. 2251, passed 9-25-17; Am. Ord. 2322, passed 6-1421)

COMMERCIAL ZONES
157.040 CENTRAL COMMERCIAL ZONE (C-1).
(A) Uses permitted outright. In a C-1, only the following uses and their accessory uses
are permitted outright:
(1) Affordable housing defined in §157.002;
(1)(2)
Automobile, boat or trailer sales showroom;
(2)(3)
Bakery;
(3)(4)
Bank, loan company or similar financial institution;
(4)(5)
Barber shop;
(5)(6)
Beauty shop;
(6)(7)
Bicycle shop;
(7)(8)
Blueprinting, photostating or other reproduction;

60

Section 2, ItemA.

(8)(9)
Book or stationery store or newsstand;
(9)(10)
Bookbinding;
(10)(11) Building supply with no outside storage;
(11)(12) Bus station;
(12)(13) Business machines, retail and service;
(14) Catering establishment;
(13)(15) Child Care Center;
(14)(16) Church;
(15)(17) Clinic;
(16)(18) Clothes, cleaning or laundry agency;
(17)(19) Clothing store or tailor shop;
(18)(20) Club, lodge, union or fraternal organization;
(19)(21) Cocktail lounge or tavern;
(22) Confectionery store, including soda fountain;
(20)(23) Conversion of a commercial use to a residential use, subject to
§157.158;
(21)(24) Curtain or drapery store;
(22)(25) Dancing school, music studio or instructional classes;
(23)(26) Delicatessen;
(24)(27) Drug store, pharmacy;
(25)(28) Dry cleaning, or pressing, except those using highly volatile or
combustible materials or using high pressure steam tanks or boilers;
(26)(29) Dry goods, millinery or dress shop;
(30) Electrical supply store;
(27)(31) Family Child Care Home;
(28)(32) Feed and seed store;
(29)(33) Floor covering sales and service;
(30)(34) Florist shop;
(31)(35) Food store;
(32)(36) Frozen food lockers, retail only;
(33)(37) Furniture store;
(34)(38) Garden store;
(35)(39) Gift, hobby or art shop;
(36)(40) Grocery store, includes convenience store, mini-market;
(37)(41) Hardware store;
(38)(42) Health studio, physical therapist, reducing salon;
(39)(43) Hotel/Motel;
(40)(44) Jewelry store, including repairing;

61

Section 2, ItemA.

(41)(45) Leather goods sales, including harness and saddle shop;
(42)(46) Locksmith;
(43)(47) Magazine or newspaper distribution agency;
(48) Meat market, retail only;
(49) Mixed use structures with ground floor commercial units and residential
units subject to an affordable housing covenant as provided in ORS 456.270
to 456.295 making the properties affordable to moderate income
households, as defined in ORS 456.270, subject to §157.158(H);
(44)
(50) Market rate multi-unit apartment dwellings;
(45)(51) Newspaper publishing;
(46)(52) Notions or variety store;
(47)(53) Office, business or professional;
(48)(54) Office supplies;
(49)(55) Paint store, including related contractor shop;
(50)(56) Parking lot or garage;
(51)(57) Pawn shop;
(52)(58) Pet shop, includes animal grooming but not overnight boarding or
kennel;
(53)(59) Printing plant;
(60) Radio or television sales and service;
(54)(61) Residential structures subject to an affordable housing covenant as
provided in ORS 456.270 to 456.295 making each unit affordable to a
household with income less than or equal to 60 percent of the area median
income as defined in ORS 456.270, subject to §157.158(H);
(55)(62) Restaurant or hotel supply;
(63) Restaurant or tea room;
(56)(64) Restoration or replacement of an existing dwelling damaged or
destroyed by a natural or involuntary event subject to the requirements of
ORS 197.XXX;
(57)(65) Retail store;
(58)(66) Scientific or professional instrument sale or repair;
(59)(67) Secondhand store;
(60)(68) Self-service laundry;
(61)(69) Shoe store or shoe repair shop;
(62)(70) Storage building for household goods in conjunction with retail sales;
(63)(71) Studio-art, music and photography;
(64)(72) Telephone or telegraph building;

62

Section 2, ItemA.

(65)(73) Theater, except drive-in theater;
(66)(74) Upholstery shop, but excluding operations in mattress and upholstery
refinishing where cyanide or other highly toxic material is used; and
(67)(75) Wholesale office or show room with merchandise on the premises
limited to small items and samples.

(B) Conditional uses permitted. In a C-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) 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) Drive-in establishment offering goods or services to customers waiting in
parked motor vehicles, except drive-in 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) Multiple-family dwelling;
(11)(9)
Planned unit development;
(12)(10) Private utilities including electric power substations, telephone
exchanges, television, radio or microwave transmission facilities;
(13)(11) Public utilities including wells, water storage tanks and sanitary sewer
pump stations; and
(14)(12) Schools: Preschool, primary, elementary, junior or senior high,
college.

(C) Setback requirements. Except as provided in §157.1420, in a C-1 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;

63

Section 2, ItemA.

(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
two-foot building setback from their front property line.

(D) Height of buildings. In a C-1 zone, no building shall exceed 50 feet in height.
(E) Restrictions on use. In a C-1 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 off-street
parking and loading, drive-in 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 R-3 zone; and
(4) Residential uses shall not be allowed on the ground floor of commercial
buildings in the C-1 zone;. and
(5) Residential uses permitted under this section shall be subject to all design
standards in §157.027 and §§157.175 to 157.179 of this chapter.
a)
(Ord. 1840, passed 2-28-94; Am. Ord. 2217, passed 3-24-14) Penalty, see § 157.999

157.041 OUTLYING COMMERCIAL ZONE (C-2).
(A) Uses permitted outright. In a C-2 zone, only the following uses and their accessory
uses are permitted outright:
(1) A use permitted outright in a C-1 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;

64

Section 2, ItemA.

(5) Automobile service station;
(6) Automobile laundry;
(7) Day care home or nursery;
(8) Mortuary, undertaking or funeral parlor;
(9)(8)
Motel;
(10)(9)
Recreational vehicle park subject to requirements of §157.147;
(11)(10) Taxidermy shop; and
(12)(11) Tire shop, including tire recapping.

(B) Conditional uses permitted. In a C-2 zone, the following uses and their accessory
uses are permitted when authorized in accordance with the requirements of §§
157.205 through 157.210:
(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 drive-in 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)(2)
Community building;
(4)(3)
Drive-in establishment offering goods or services to customers
waiting in parked motor vehicles, except drive-in theater;
(5)(4)
Government structure or land use including but not limited to a public
park, playgrounds, recreational building, fire station, library or museum;
(6)(5)
Hospital or nursing home;
(7)(6)
Planned unit development;

65

Section 2, ItemA.

(8)(7)
Preschool, primary, elementary, junior or senior high, college;
(9)(8)
Private utilities including electric power substations, telephone
exchanges, television, radio or microwave transmission facilities;
(10)(9)
Public utilities including wells, water storage tanks and sanitary sewer
pump stations; and
(11)(10) Other uses similar to the uses permitted outright or the conditional
uses normally located in the Outlying Commercial Zone (C-2), providing that
the use has approval from the planning commission.

(C) Restrictions on use. In a C-2 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 R-3 zone;.
(2) The outside storage of junk shall be contained entirely within a sightobscuring fence when adjacent to a residential use of property;. and
(3) Residential uses permitted under this section shall be subject to all design
standards in §157.027 and §§157.175 to 157.179 of this chapter.

(D) Setback requirements. Except as provided in § 157.140, in a C-2 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 C-2 zone, no building shall exceed a height of 50 feet.

(Ord. 1840, passed 2-28-94; Am. Ord. 2194, passed 11-26-12; Am. Ord. 2217, passed 3-2414) Penalty, see § 157.999

66

Section 2, ItemA.

157.042 DOWNTOWN COMMERCIAL OVERLAY ZONE (DCO).
(A) Purpose. The purpose of the downtown commercial overlay zone is to create a
main street atmosphere in the historic downtown area. Specific goals are as
follows:
(1) Be prepared to take advantage of opportunities for infill, redevelopment, and
new development in downtown;
(2) Allow different types of compatible land uses close together to shorten traffic
trips and facilitate all modes of transportation such as vehicles, pedestrians
and bicycles;
(3) Continue vehicle and pedestrian circulation systems that are safe, convenient,
attractive and comfortable for pedestrians;
(4) Create, maintain and enhance public spaces such as plazas, parks, public
buildings and places of assembly to allow events, informal meetings and social
interactions with other people;
(5) Design and manage parking areas efficiently to provide adequate parking for
employees and visitors to downtown and to minimize unnecessary surface
parking;
(6) Design buildings to a scale that provides aesthetic appeal, pedestrian comfort
and compatibility with other uses.

(B) Uses permitted outright.
(1) In the DCO Zone, all uses and accessory uses permitted outright in the Central
Commercial Zone (C-1) zone are allowed.
(2) Residential uses are permitted on upper stories and on ground floors when not
located within storefront space.
(3) Off-street parking and loading, drive-in windows, and outside dining and the
display of merchandise along the outside wall of the building when extending
no more than four feet from the wall.

(C) Conditional uses permitted. In the DCO Zone, the conditional uses and their
accessory uses permitted in the Central Commercial Zone (C-1) are permitted
when authorized in accordance with the requirements of §§ 157.205 through §
157.210 except for multiple-family dwellings and planned unit developments.
Multiple-family dwellings are permitted outright if the residential units are on upper
floors or on the ground floor, when they do not use storefront space.

67

Section 2, ItemA.

(D) Prohibited uses. Planned unit developments are prohibited in the DCO Zone.

(E) Setback requirements. Except as provided in § 157.140, in a DCO Zone, no yard
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 a minimum of 20 feet measured from the foundation
where abutting a residential zone;
(3) The rear yard shall be a minimum of 25 measured from the foundation where
abutting a residential zone; and

(F) Height of buildings. In a DCO Zone no building shall exceed 45 feet in height, except
as allowed in § 157.140(B).

(G) Restrictions on use. In a DCO 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 off-street parking
and loading, drive-in windows, island service for motor vehicles, display of
merchandise along the outside wall of the building not extending more than
four feet from the wall, and outside dining, unless conducted as part of a
special event and authorized by the City Council;.
(2) 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 R-3 zone;.
(3) Residential uses shall not be allowed within the storefront space on the ground
floor of buildings within the DCO Zone;. and
(4) Residential uses permitted under this section shall be subject to all design
standards in §157.027 and §§157.175 to 157.179 of this chapter.

(H) Design standard. In a DCO Zone the following design standards shall apply:

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Section 2, ItemA.

(1) Primary entrances shall be protected from weather by either the addition of an
awning, recessed building entry or other method as approved by the Planning
Director.
(2) Lighting shall be provided for building entrances, parking areas and pathways.
(3) Off-street parking is not allowed between buildings and the street to which they
are oriented. Parking and other vehicle areas shall be allowed between alleys
and buildings.
(4) Ground floor windows shall be provided along 30% of the ground floor street
facing elevations.
(5) Any new drive-up/drive-through facilities established after the adoption of the
ordinance codified in this chapter shall be oriented toward an alley, driveway, or
interior parking area, and not a public street.
(6) Drive-up/drive-in queuing areas shall be designed so that vehicles do not
obstruct a driveway, fire access lane, walkway, or public right-of-way.

(I)

Access. All lots shall abut a public street, other than an alley, for a minimum width
of 25 feet.

(J)

Vision clearance. Vision clearance shall be provided as follows: 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.

(K) Historic buildings. The standards of § 157.144 shall apply.

(L) Implementing action. The following development shall fall within the scope of this
subchapter and shall be required to comply with the requirements identified:
(1) New residential or commercial development;
(2) Expansion of single-family unit or two-family duplex residential development
costing in excess of 30% of the assessed value of the improvements on the
property. The provisions of subsection (H)(3) of this section shall not apply;
(3) Reconstruction of a single-family unit or two-family duplex residential casualty
loss costing in excess of 130% of the previously assessed value of the structure
itself. The provisions of subsection (H)(3) of this section shall not apply;

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Section 2, ItemA.

(4) Expansion of multiple-family unit or commercial development costing in excess
of 50% of the assessed value of the improvements on the property;
(5) Reconstruction of multiple-familyunit; commercial casualty loss in excess of
110% of the previously assessed value of the structure itself; and
(6) Conversion of an existing building from residential to commercial use.

(M) Site plan review.
(1) The applicant shall complete a building permit application as provided by the
city and provide a site plan, landscape plan and building elevations. All plans
shall be drawn to scale and show the following:
(a) All existing and proposed structures and their exterior dimensions;
(b) All streets, alleys and other public right-of-way;
(c) Existing and proposed utility lines and/or easements;
(d) Building setbacks;
(e) Location of utilities and proposed connection routes;
(f) Off-street parking;
(g) Curb cut and sidewalk locations and dimensions and drainage plan;
(h) Landscape plans;
(i)(h) Screening;
(j)(i) Lighting;
(k)(j) Pedestrian amenities, including location of street furnishings;
(l)(k) Building elevations; and
(m)(l) Fire flow and similar requirements.
(2) At the applicant’s request site plan review can occur prior to submittal of a
request for building permit.
(3) 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.
(4) 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 right-of-way adjacent to the
development in conformance with city standards and provide easements or
deeds to the city for all public facilities, unless otherwise requested under
§157.164(D).. However, where it is determined that delaying 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.

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Section 2, ItemA.

(5) Where it has been determined that the extension of public facilities is required
per adopted Master Plans, 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.
(6) 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 benefiting 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.
(7) 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.

(N) Final approval. In the DCO Zone, the standards of § 157.165 shall apply.

(O) Off-street parking requirements.
(1) The requirements of § 157.175 shall apply. Surface parking shall not exceed
110% of the minimum parking required when parking is provided on site.
Exemptions to the standard can be approved for developments that provide
shared parking, valet parking spaces or similarly managed parking
accommodations.
(2) Off-street parking shall be provided in accordance with § 157.176.
(3) Parking credits. Credits may be granted for on-street parking and public parking
lot spaces as follows:
(a) Credit for on-street parking. The amount of required off-street
parking may be reduced by one off-street parking space for every onstreet parking space located along the block adjacent to the
development. On-street parking shall follow the established
configuration of existing on-street parking, subject to city standards,
except that angled parking may be allowed, as approved by the city.
The configuration of the on-street parking and allowable credit
toward off-street parking requirements shall be addressed during

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Section 2, ItemA.

site plan review. The city shall maintain a written record of credits
granted per each use.
(b) Credit for public parking lot spaces. For the first 5,000 gsf of building
area, and for development located between S.E. 4th Street and
Highway 395, credit shall be given for public parking lot spaces. The
amount of required off-street parking may be reduced by one offstreet parking space for every parking space provided in a city public
parking lot located within the Downtown Commercial Overlay
district.
(c) The provisions of Ordinance Nos. 587 and 1080 regarding the
municipal parking lots shall remain in effect.
(4) Shared parking. Parking facilities may be shared by users on adjacent parcels if
the following standards are met:
(a) One of the parcels has excess parking spaces, considering the present
use of the property; the other parcel lacks sufficient area for required
parking spaces;
(b) The total number of parking spaces meets the standards for the sum of
the number of spaces that would be separately required for each use;
and
(c) Legal documentation shall be submitted verifying permanent use of the
excess parking area on one lot by patrons of the uses deficient in
required parking area.
(5) Joint use parking. Joint use of parking spaces may occur where two or more
separate developments or multiple uses in a development are able to jointly
use some or all of the same required parking spaces because their parking
demands occur at different times. Joint use of parking spaces may be allowed if
the following standards are met:
(a) There shall be no substantial conflict in the principal operating hours of
the buildings or uses for which the joint use parking is proposed. Future
change of use, and continuation of joint use parking agreement shall be
approved by the city.
(b) The joint use parking spaces shall be located no more than 400 feet from
a building or use to be served by the joint use.
(c) The number and location of parking spaces, hours of use and changes in
operating hours of uses subject to joint use shall be approved by the city.
(d) Legal documentation to the satisfaction of the City Attorney shall be
submitted verifying the joint use of parking between the separate
developments.

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Section 2, ItemA.

(P) Signs. The provisions of Chapter 155 shall apply except that sandwich "A" board
and portable signs shall be allowed. Sandwich board and portable signs shall not
exceed 12 square feet on each side, or a total of 24 square feet.
(1) Sandwich "A" boards and other portable signs are permitted along the outside
wall of the building not extending more than four feet from the wall.
(2) Sandwich boards do not count against the maximum number of signs allowed.

(Ord. 2175, passed 9-26-11; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

157.043 NEIGHBORHOOD COMMERCIAL OVERLAY ZONE (NCO).
(A) Purpose. The purpose of the neighborhood commercial overlay zone is to create a
commercial environment which provides a broad range of commercial services to
dense residential users within walking distance. Specific goals are as follows:
(1) Be prepared to take advantage of opportunities for infill, redevelopment, and
new development in outlying commercial areas;
(2) Allow different types of compatible land uses close together to shorten traffic
trips and facilitate all modes of transportation such as vehicles, pedestrians
and bicycles.

(B) Uses permitted outright.
(1) In the NCO zone, all uses and accessory uses permitted outright in the outlying
commercial zone (C-2) are allowed.
(1)(2) Multi-unit dwellings, including middle housing, which provide market-rate
housing, subject to the standards of §§157.154 through 157.155 as applicable.
Residential uses are permitted on upper stories and on ground floors when not
located within storefront space.

(C) Conditional uses permitted.
(1) In the NCO zone, the conditional uses and their accessory uses permitted in
the outlying commercial zone (C-2) are permitted when authorized in
accordance with the requirements of §§ 157.205 through 157.210;
(2) Mini-storage; and

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Section 2, ItemA.

(3) Multiple-family dwelling.

(D) Restrictions on use. In the NCO 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 R-3 zone;.
(2) The outside storage of junk shall be contained entirely within a sight-obscuring
fence when adjacent to a residential use of property;. and
(3) Residential uses permitted under this section shall be subject to all design
standards in §157.027 and §§157.175 to 157.179 of this chapter.

(E) Setback requirements. In the NCO 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.
(3)(4) For multi-unit dwellings, the standards of §157.027 shall apply.

(F) Height of buildings. In the NCO zone, no building shall exceed a height of 50 feet.

(Ord. 2245, passed 4-24-17)

INDUSTRIAL ZONES
157.055 LIGHT INDUSTRIAL ZONE (M-1).
(A) Uses permitted outright. In a M-1 zone, only the following uses and their accessory
uses are permitted outright:

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Section 2, ItemA.

(1) Affordable housing as defined in §157.002 when the land is publicly owned and
adjacent to lands zoned for residential uses or schools;
(2) Cabinet, carpenter or woodworking shop;
(1)(3) Child Care Center;
(2)(4) 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)(5) Dwelling for caretaker or night watchman on the property;
(4)(6) Freight depot;
(5)(7) Ice or cold storage plant;
(6)(8) Kennel;
(7)(9) Laboratory for research or testing, but not including the testing of
combustion engines;
(8)(10) Laundry, dry cleaning or dyeing establishment;
(9)(11) Lumber yard, building supply outlet;
(10)(12)
Machinery or equipment sales, services or storage;
(11)(13)
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)(14)
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)(15)
Mini-storage;
(14)(16)
Motor vehicle body shop, tire shop or similar repair service;
(15)(17)
Plumbing, heating, electrical or paint contractor’s sales, repairs or
storage;
(16)(18)
Private utilities including electric power substations, telephone
exchanges, television, radio or microwave transmission facilities;
(17)(19)
Processing, packaging or storage of food or beverages, but not
including processes involving distillation, fermentation, slaughtering or
rendering of fats and oils;
(18)(20)
Public utilities including wells, water storage tanks and sanitary sewer
pump stations;
(19)(21)
Railroad tracks and related facilities;

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Section 2, ItemA.

(20)(22)
Utility lines, station or substation;
(21)(23)
Veterinary care facility;
(22)(24)
Welding, sheet metal or machine shop;
(23)(25)
Wholesale distribution or outlet, including trucking, warehousing and
storage.

(B) Conditional uses permitted. In a M-1 zone, the following uses and their accessory
uses are permitted when authorized in accordance with the requirements of §§
157.205 through 157.210:
(1) Junkyard;
(2) Temporary dwelling unit;
(3) Fuel oil distribution; and
(4) Planned unit development.; and
(5) Temporary emergency shelter subject to the following design standards and
conditions:
(a) A temporary emergency shelter shall be for short-term housing of
persons. Occupancy shall not exceed 18 continuous months for any
resident. Shelters shall be designed and constructed to be quickly
removable at the cessation of operations and permanent foundations
shall not be used where not expressly required by building codes. A
temporary emergency shelter is not a residential use under the
definitions in ORS 197.303.
(b) The minimum lot area for a temporary emergency shelter shall be onehalf acre and the maximum lot area shall be one and one-half acres.
(c) A business plan, operation plan, security plan, and all supporting
documentation for resident rules shall be submitted and approved by
the planning commission as part of the conditional use permit
application.
(d) A temporary emergency shelter shall include a community building for
the provision of services to the residents and detached, temporary
shelters providing overnight accommodations for the residents. Staff
facilities, offices, food storage, and other facilities shall be within the
community building. The facility shall contain at least one community
building containing shower facilities and permanent restrooms. Showers
shall be provided at a ratio of one shower for every 25 residents. Toilets
shall be provided at a ratio of one toilet for every 20 residents.

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Section 2, ItemA.

(e) The portion of the development site containing the shelters shall be
enclosed with a chain-link fence equipped with sight-obscuring slats of
at least six feet in height. The operator shall be responsible for
permanent maintenance of the fence. The community building may be
located within the fenced enclosure or within 500 feet of the fence when
off-site services are provided.
(f) Facility shall be operated by a registered nonprofit agency or a local,
county, state, or federal government agency. A qualifying nonprofit
agency shall be defined as a 501(c)(3) organization registered with the
US Internal Revenue Service (IRS) and considered active by the IRS
during the current tax year.
(g) Where there are no permitted industrial uses or the property is otherwise
vacant, the use shall not be allowed.
(h) The facility shall be located at least 1,000 feet from any public or private
elementary, junior high, or high school, at least 1,000 feet from any
public park, and at least 1,000 feet from another temporary emergency
shelter. Distances shall be measured from the closest property line of
the temporary emergency shelter to the closest property line of the
nearest school or temporary emergency shelter as depicted on the
Umatilla County assessor maps.
(i) Temporary shelters shall not be serviced with water, sewer, or electrical
service. All facilities for the health and wellness of residents shall be
furnished within the community building.
(j) All shelters shall be removed within 60 days of the termination of
operations of the permitted industrial use on the property. The
community building may remain at the property owner’s discretion. In
the event the shelter ceases operations, all temporary shelters shall be
removed within 60 days of the termination of operations.
(k) Due to the transitory nature of residents and staff in a temporary shelter,
parking spaces designed and constructed in compliance with the
standards of §§ 157.175 through 157.179 are not required and gravel
parking may be utilized. However, no portion of any parking area nor any
other portion of the property may be used for the storage of vehicles in
excess of 72 hours.
(l) A fenced pet area of at least 200 square feet shall be provided for the
exercise and sanitation needs of pets. Pet waste must be contained
within this area and collected and deposited in an appropriate
receptacle.

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Section 2, ItemA.

(m) Each temporary shelter shall be provided with a lockable, external
storage unit for the secure storage of resident possessions.
(n) Temporary shelters shall be subject to all applicable building code
requirements. One battery-operated smoke detector and one batteryoperated carbon monoxide detector shall be provided in each unit. Each
unit shall have at least one door and one emergency egress window.
(o) Outdoor lighting shall be provided. Lighting shall be oriented to prevent
direct illumination onto abutting property.
(p) Total shelters may be provided at a ratio of no more than one shelter per
1,400 square feet of lot area. Occupancy of each shelter shall be no
more than two persons unless otherwise authorized by the building
official and fire marshal.
(q) All temporary emergency shelters shall be subject to a review by the
planning commission subject to the standards for a conditional use
permit in §§ 157.205 through 157.210. The planning commission shall
set the schedule for review as part of the conditional use permit
process. The review shall be subject to the public hearing requirements
in § 157.229. The planning commission may modify conditions of
approval or revoke a conditional use permit for a temporary emergency
shelter upon finding that the operator has not met the conditional use
permit standards in § 157.210 or the conditions of approval.
(r) At least 45 days prior to any review by the planning commission the
operator shall submit a written report to the city planner detailing the
temporary emergency shelter’s compliance with the standards in §
157.210 and with the conditions of approval from the issuance of the
conditional use permit.
(s) An operator of a temporary emergency shelter shall notify the city
manager in writing at least 30 days prior to termination of operations.
The notice of termination shall include the projected final date of
operation and establish a schedule for removal of all shelters.

(C) Limitations on use. In a M-1 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.

78

Section 2, ItemA.

(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 sight-obscuring fence at
least six feet high.
(4) Points of access from a public street to properties in a M-1 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 M-1 zone, no minimum lot size shall be identified other than to meet
the requirements of this chapter.

(E) Setback requirements.
(1) Except as provided in § 157.140, in a M-1 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 M-1 zone, within 150 feet of a residential zone, no building
shall exceed a height of 35 feet.

(Ord. 1840, passed 2-28-94; Am. Ord. 2301, passed 7-27-20; Am. Ord. 2308, passed 9-1420) Penalty, see § 157.999

157.056 HEAVY INDUSTRIAL ZONE (M-2).
(A) Uses permitted outright. In a M-2 zone, the following uses and their accessory uses
are permitted outright:

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Section 2, ItemA.

(1) A use permitted outright in a M-1 zone except for child care centers and
affordable housing as defined in §157.002; and

(2) Manufacturing, repairing, compounding, fabricating, processing, packing or
storage of a use not listed in § 157.055.

(B) Conditional uses permitted. In a M-2 zone, the following uses and their accessory
uses are permitted when authorized in accordance with the requirements of §§
157.205 through 157.210:

(1) Junkyard;

(2) Temporary dwelling unit;

(3) Planned unit development;

(4) Sand and gravel pits, including related activities such as exploration excavation,
rock crushing, asphalt protection and storage, subject to requirements in §
157.149; and

(5) Temporary emergency shelter, subject to the requirements in § 157.055(B)(5).

(C) Limitations on use. In a M-2 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.

80

Section 2, ItemA.

(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 M-1 zone shall apply in a M-2 zone.

(E) Setback requirements. Yard requirements for a M-1 zone shall apply in a
M-2 zone.

(F) Height of buildings. Height of building requirements for a M-1 zone shall
apply in a M-2 zone.

(Ord. 1840, passed 2-28-94; Am. Ord. 2301, passed 7-27-20; Am. Ord. 2308, passed 9-1420) Penalty, see § 157.999

157.057 FAIRGROUNDS OVERLAY.
(A) Purpose. The fairgrounds overlay zone is intended to provide an area to
accommodate the various uses and accessory uses which are associated with a
county fairgrounds and regional event center. Uses on the fairgrounds include
commercial, industrial and agricultural uses which overlap many zoning
designations and cannot be accommodated under one zoning classification.

(B) Uses permitted outright. In the fairgrounds overlay zone the following uses are
permitted outright:
(1) Agricultural and animal display buildings;
(2) Amusement enterprise enclosed in a building;

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Section 2, ItemA.

(3) Amusement enterprise not enclosed in a building;
(4) Auditorium or exhibition hall;
(5) Community building;
(6) Government structure or land use including but not limited to a public park,
playground, recreational building, fire station, library or museum;
(7) Horse arena and other equine buildings;
(8) Parking lot;
(9) Professional office or service office;
(10) Public and private roads;
(11) Recreational vehicle park subject to the requirements of § 157.147;
(12) Rodeo grounds or other open air arena; and
(13) A use permitted outright in the underlying M-1 and/or OS zone.

(C) Uses permitted conditionally.
(1) Caretaker’s dwelling conforming to the standards of § 157.042(B)(2).

(D)(C)
Restrictions on use.
(1) The perimeter of the fairgrounds overlay shall be fenced with a six-foot chain
link fence;
(2) All buildings shall be constructed at least 25 feet from any adjacent private
property line;
(3) Paved parking shall be provided in accordance with the provisions of §§ 157.175
through 157.179 and shall be adequate to provide parking sufficient for all
public assembly buildings on the property. Additional overflow parking for use
during the Umatilla County Fair or other large festival may be grass or gravel;
provided, that dust control is provided during the event;
(4) Building heights and lighting restrictions established in Chapter 151 of the
Hermiston Code of Ordinances regarding development within the airport
clearance areas shall be maintained.

(Ord. 2185, passed 3-26-12)

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Section 2, ItemA.

157.058 HYPERSCALE DATA CENTER (HDC) OVERLAY.
(A) Purpose and applicability. The hyperscale data center (HDC) overlay zone is intended
to provide suitable sites for such data centers, as identified in the Hermiston Economic
Opportunities Analysis (2024). This overlay zone applies to land added to the Hermiston
urban growth boundary to meet hyperscale data center site requirements. A conceptual
master plan must be approved in conjunction with HDC overlay designation.

(B) Uses permitted outright.

(1) Hyperscale data centers (i.e., large structures that house a large group of networked
computer servers used by organizations for the remote storage, processing, or distribution
of large amounts of data).

(2) Power substations serving one or more data centers.

(C) Permitted accessory uses.

(1) Power generating and battery storage facilities serving one or more data centers.

(2) Public facilities and private utilities serving hyperscale data center sites.

(3) Recreational facilities serving hyperscale data center employees.

(4) Security facilities protecting hyperscale data centers.

(5) Parking and circulation facilities.

(6) Administrative support facilities.

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Section 2, ItemA.

(D) Restrictions on use.

(1) Hyperscale data centers must meet heavy industrial (M-2) development standards
and the standards of this overlay zone.

(2) Hyperscale data center computer networks and storage facilities shall be enclosed
within covered structures.

(3) The minimum data center development standards:

(a) The minimum data center site area shall be 100 acres.

(b) Primary data center buildings shall have a gross floor area of at least 50,000 square
feet.

(4) Hyperscale data center development shall substantially conform with approved
conceptual master plans. The City Manager or their designee may approve deviations from
the approved conceptual master plan that do not reduce the number of approved data
center buildings shown on the master plan or preclude adequate provision of
transportation or other public and private facilities identified in the master plan.

(5) No hyperscale data center buildings or power substations shall be located within 200
feet of a residential zone.

(6) Hyperscale data center lighting shall be shielded and shall not trespass into
residential zones in accordance with § 157.179 design standards.

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Section 2, ItemA.

(7) Wind turbines shall be set back from residential zones at least two feet for each one
foot of turbine height, measured from the ground to the blade rotor.

(8) Hyperscale data center development shall provide a minimum of 1.1 parking spaces
per employee on the largest shift.

(Ord. 2374, passed 9-8-25)

AIRPORT ZONE (A)
157.070 PERMITTED USES.
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)

157.071 CONDITIONAL PERMITTED USES.
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:

(A) A use permitted conditionally in a C-2 zone; and

(B) A use permitted conditionally in a M-1 zone.

85

Section 2, ItemA.

(Ord. 1840, passed 2-28-94)

157.072 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 M-1 zone,
contained in § 157.055(C) through (F).

(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 2-28-94)

Cross Reference:

Airport Hazard Zoning, see Chapter 151

OPEN SPACE ZONE (OS)
157.081 USES PERMITTED OUTRIGHT.
In an OS zone, the following uses and their accessory uses are permitted:

(A) Agriculture.

(B) Agricultural extension or experimentation station, including all buildings, sheds,
greenhouses and other accessory structures necessary to facilitate operations.

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Section 2, ItemA.

(C) Public park and public recreation facility.

(Ord. 1840, passed 2-28-94)

157.082 CONDITIONAL USES PERMITTED.
In an OS zone, the following uses and their accessory uses may be permitted subject to the
provisions governing conditional uses:

(A) Boat landing and launch facility.

(B) Open land recreation facility requiring the use of any structure with greater than 2,000
square feet of floor area.

(Ord. 1840, passed 2-28-94)

157.083 SPECIAL APPROVAL REQUIRED.
In addition to the building permit requirements of the City of Hermiston, no building
permitted in the OS zone located within the 100-year floodplain shall be erected,
constructed, established or moved until approval has been obtained. Said approval shall
be granted by the city only after it has been determined that the structure is in compliance
with federal standards as established within the city’s floodplain ordinance.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

Cross-reference:

Flood Hazard Prevention, see Chapter 153

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Section 2, ItemA.

157.084 LOT SIZE.
In an OS zone, no minimum lot size shall be prescribed other than that required by this
ordinance.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.085 YARD REQUIREMENTS.
In an OS zone, each lot shall have yards of the following sizes:

(A) The front yard shall not be less than 20 feet.

(B) The side yard shall not be less than 20 feet.

(C) The rear yard shall not be less than 25 feet.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

DEVELOPMENT HAZARD OVERLAY ZONE (DH)
157.100 PURPOSE.
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 2-28-94)

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Section 2, ItemA.

157.101 DEVELOPMENT CONDITIONS.
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 qualified professionalengineer’s assessment of the design and structural
techniques needed to mitigate potential hazards as part of the application package. In
the event the engineer’s assessment cannot identifythere are in adequate mitigation
measures, the city shall prohibit development.

(B) In the case of an existing or potential groundwater pollution threat as indicated on
Figure 12 of the Comprehensive Plan Map, in the Underground Injection Control
System Management Plan, or identified by a qualified professional, 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 by a qualified professional, in conjunction with the
Ddepartment of Environmental Quality and Water Resources, and submitted as a
report with the application.

(D) The applicant may request At the discretion of the Planning Commission review, of an
applicant whose property is located in the DH overlay area may to obtain an exemption
from divisions (A) through (C) above, if he the applicant 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 registeredqualified professional
engineer.

(Ord. 1840, passed 2-28-94)

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Section 2, ItemA.

PLANNED UNIT DEVELOPMENTS
157.110 PURPOSE.
(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 lot-by-lot 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 2-28-94)

157.111 OWNERSHIP.
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.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94)

157.112 GENERAL REQUIREMENTS.
The following general requirements will apply to planned unit developments:
(A) A planned unit development shall only be for non-residential uses.
(A)(B)
A planned unit development shall be allowed in all zones except R-1 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)(C)
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 off-site;

(5) Streets be designed and constructed according to city standards and dedicated to
the city;

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Section 2, ItemA.

(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)(D)
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 2-28-94) Penalty, see § 157.999

157.113 PERMITTED USES.
(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.

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Section 2, ItemA.

(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 2-28-94)

157.114 DEVELOPMENT PROCEDURES.
(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 three-stage review process when approving a PUD
application:

(1) Pre-preliminary conference (Stage 1);

(2) Preliminary approval (Stage 2); and

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Section 2, ItemA.

(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) Pre-preliminary conference (no fee).

(2) Preliminary approval ($100).

(3) Final approval ($75).

(Ord. 1840, passed 2-28-94)

157.115 PRELIMINARY CONFERENCE.
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.

94

Section 2, ItemA.

(Ord. 1840, passed 2-28-94)

157.116 PRELIMINARY APPROVAL.
Stage 2 of the development consists of the following:

(A) The applicant shall submit to the Planning Commission four a copyies 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

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Section 2, ItemA.

(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.

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Section 2, ItemA.

(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 multi-unitfamily unitsdwellings, mixtures of housing types and lot sizes, multiplex
construction, manufactured dwellings or other kinds of dwellings manufactured off-site;

(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 off-site 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
right-of-way 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

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Section 2, ItemA.

(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 higher-intensity district and a lower-intensity 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.

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Section 2, ItemA.

(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 2-28-94)

157.117 FINAL APPROVAL.
(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.

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Section 2, ItemA.

(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 2-28-94)

157.118 APPEAL TO CITY COUNCIL.
The applicant or any other interested party may initiate an appeal according to §157.2321
of this chapter.

(Ord. 1840, passed 2-28-94)

157.119 CHANGES, MODIFICATIONS AND ADHERENCE.
(A) Changes and modifications.

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Section 2, ItemA.

(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 2-28-94)

157.120 REVOCATION OF PERMIT.
(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 § 157.2321 of this
chapter.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94)

SUPPLEMENTAL PROVISIONS
157.135 ZONE BOUNDARIES.
Unless otherwise specified, zone boundaries are lot lines or the centerline of street, alley,
railroad right-of-way 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 2-28-94)

157.136 ACCESSORY USE PROVISIONS; AUTHORIZATION.
(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 maximum of one accessory dwelling may be constructed in any residential
zone on a single lot which already contains a single-family unit or duplex
dwelling, subject to the following provisions:
(a) For the purposes of this subsection, an accessory dwelling shall be
defined as an interior, attached, or detached residential structure that is
used in connection with, or that is accessory to, a single-family unit
dwelling.
(b) The unit may be a detached building, in a portion of a detached
accessory structure, or a unit attached or interior to the primary dwelling
(e.g., an addition or the conversion of an existing floor).

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Section 2, ItemA.

(c) A detached accessory dwelling shall provide one or more rooms and
contain a kitchen and bathroom within the accessory dwelling.
(d) An accessory dwelling constructed within a portion of the existing
primary dwelling or attached to the existing primary dwelling shall be
subject to the following design standards:
1. A separate entrance shall be provided for the accessory dwelling
unit.
2. An accessory dwelling shall provide one or more rooms and
contain a kitchen and bathroom within the accessory dwelling.
(e) All accessory dwellings constructed after the effective date of the
ordinance codified in this section shall be subject to an accessory
dwelling permit and shall pay an accessory dwelling permit fee as set by
the City Council.
(f) All accessory dwellings constructed after the effective date of the
ordinance codified in this section shall register with the city’s utility
billing services and pay per unit utility rates as set forth for multiunitfamily dwellings. Registration shall be done as part of the accessory
dwelling permit process.
(g) If provided, Pparking shall be provided subject to the space
requirements and design standards of §§ 157.1765 through 157.179.
(h) Accessory dwelling units are subject to the maximum lot coverage,
setbacks, and building height requirements of the underlying zone in
which they are located. The sum of the gross square footage of the
primary dwelling, garage or carport, outbuildings, and accessory
dwelling shall not exceed the maximum lot coverage requirements of the
city.
(4) Swimming pools, fish ponds or other decorative pools shall conform with
§157.1487.

(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.

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Section 2, ItemA.

(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; Am. Ord. 2260, passed 8-1318) Penalty, see § 157.999

157.137 BUILDING PROJECTIONS.
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 2-28-94) Penalty, see § 157.999

157.138 MINIMUM MAINTENANCE REQUIREMENTS.
No lot area, yard or other open space or required off-street 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 off-street 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 off-street parking or loading area
requirements for any other use, except as provided in §157.177.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.139 EXCEPTIONS TO LOT SIZE REQUIREMENTS.
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 single-family unit or two-family duplex residencedwellings.

(Ord. 1840, passed 2-28-94; Am. Ord. 2322, passed 6-14-21)

157.140 EXCEPTIONS TO BUILDING HEIGHT AND YARD REQUIREMENTS.
(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 one-half 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 residentially-zoned 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.

(C) Where new radio, radiotelephone, and television transmission facilities and electrical
transmission lines in excess of 35 feet in height are proposed, the city will submit notice of
proposed construction to the Oregon Department of Aviation as required by its regulations.

105

Section 2, ItemA.

(Ord. 1840, passed 2-28-94; Am. Ord. 2222, passed 11-24-14)

157.141 ACCESS.
All lots, apart from townhouse lots, shall abut a street, other than an alley, for a width of at
least 25 feet. Townhouse lots shall abut a street, other than an alley, for a minimum width
of 20 feet.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.142 VISION CLEARANCE.
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 C-1, 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 2-28-94) Penalty, see § 157.999

157.143 UTILITY FACILITIES.
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,

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Section 2, ItemA.

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)

157.144 HISTORIC BUILDINGS.
(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 archaeological 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

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Section 2, ItemA.

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 2-28-94)

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Section 2, ItemA.

157.145 MANUFACTURED DWELLING STANDARDS.
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 multi-sectional (double wide or wider) and
enclose a floor area of not less than 1,000 square feet.
(B)(A) 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 a foundation meeting the requirements of the building
code to which they are subject.
(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)(B) 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 single-family unit 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)(C) In addition to the provisions in divisions (A) through (G) of this section, theThe cCity
may only subject a manufactured dwelling and the lot upon which it is sited to any
development applicable standard, architectural requirement and minimum size

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Section 2, ItemA.

requirement to which a conventional site-built single-family residential dwelling of the
same housing type on the same lot would be subject.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.146 MANUFACTURED DWELLING PARK STANDARDS.
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 one 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 cul-de-sac. 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) Sight-obscuring fence or wall not less than six feet in height; or
(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 feetin accordance with the setback requirements for multi-unit (not middle
housing) development in the underlying zone, and ten feet from another
manufactured dwelling.
(G) Each manufactured dwelling space shall be a minimum of 30 feet wide and 40 feet
long.

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Section 2, ItemA.

(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)(G)
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)(H)
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 sight-obscuring 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)(I)
Mailboxes shall be provided, whether centrally or individually, for each
manufactured dwelling space. Three off-street parking spaces shall be provided for
all centralized mailbox areas unless on-street parking is provided.
(O)(J)
All utilities, i.e., sewer, water, natural gas, electricity, telephone, and
television cable, shall be underground in locations approved by the City Engineer.
(P)(K)
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) HUD-manufactured 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) Non-HUD 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)(L)
Recreational vehicles spaces may be provided; however, spaces shall be
separated and distinct from the manufactured dwelling park.

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Section 2, ItemA.

(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 14-foot 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 2-28-94) Penalty, see § 157.999

157.147 RECREATIONAL VEHICLE PARK STANDARDS.
(A) This section provides specific uniform standards for recreational vehicle parks which
are permitted in R-4 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 C-2 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.

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Section 2, ItemA.

(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 off-road 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 sight-obscuring 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 2-28-94) Penalty, see § 157.999

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Section 2, ItemA.

157.148 SWIMMING POOLS, FISH PONDS AND THE LIKE.
(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 self-enclosing
and self-latching 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.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.149 SAND AND GRAVEL PITS.
(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 open-weave or mesh-type fence, when not used in combination with
a berm, shall be combined with plant materials to form an opaque screen.

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Section 2, ItemA.

(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 rights-of-way 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;

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Section 2, ItemA.

(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 cross-sections, 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) Ingress-egress roads, plus on-site 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;

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Section 2, ItemA.

(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 2-28-94) Penalty, see § 157.9990

157.150 TRANSPORTATION IMPROVEMENTS, STANDARDS, AND
PROCEDURES.
(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

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Section 2, ItemA.

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(EF), 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, apart from those under subsection §157.150(E)(2).
(E) Traffic impact study.
(1) 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:
(a) Changes the functional classification of an existing or planned transportation
facility;
(b) Changes standards implementing a functional classification system;
(c) 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
(d) Would reduce the level of service of the facility below the minimum acceptable
level identified in the Transportation System Plan.
(2) A traffic impact study is not required for a middle housing development, as defined
in §157.002, unless:
(a) It consists of townhouses or cottage clusters with more than 12 units.
(a)(b)
Is on a lot or parcel created by a land division, other than a middle
housing land division per §154.74, that occurred within the previous five years.

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Section 2, ItemA.

(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 right-of-way.
(3) Landscaping as part of a transportation facility.
(4) Acquisition of right-of-way 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 take 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) Non-residential Pproperties 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 ten m.p.h. and a maximum width of 20 feet to
accommodate two-way travel aisles for automobiles, service vehicles, and
loading vehicles.
(b) A unified access and circulation plan for coordinated or shared parking
areas.

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Section 2, ItemA.

(6) Pursuant to subsection (5) of this section, 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 subsections (5) and (6) of this section 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
right-of-way widths are adopted in the Public Works Standards. 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

(I)

Right-of-way dedication and improvement. Right-of-way shall be dedicated as part of
the development approval process. Improvements shall take place consistent with
adopted street standards noted in §157.150(H) 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.

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Section 2, ItemA.

(1) Internal pedestrian circulation shall be provided within new commercial, office,
institutional and multi-unitfamily 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 out-of-direction
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
multi-familyunit developments with more than 15 off-street 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.
(M) Middle housing development, as defined in §157.002, is exempt from traffic-related
exactions, unless:
(1) The traffic exaction is a generally applicable system development charge or a feein-lieu-variance charge;
(2) The traffic exaction is a requirement specific to the lot or parcel on which the
middle housing is proposed or its frontage;
(3) The proposal consists of townhouses or cottage clusters with more than 12 units;
or
(4) The proposal is on a lot or parcel created by a land division, other than a middle
housing land division per §154.74, that occurred within the previous five years.

(Ord. 2003, passed 12-13-99)

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Section 2, ItemA.

157.151 PROHIBITED ACTIVITIES.
(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.

(B) Marijuana related activities. The following activities shall be prohibited activities in the
R-3, R-4, C-1, C-2, DCO, M-1, and M-2 zones:

(1) Marijuana processing sites;

(2) Medical marijuana dispensaries registered under ORS 475.314;

(3) Marijuana producers licensed under Section 19, Chapter 1, Oregon Laws 2015;

(4) Marijuana processors licensed under Section 20, Chapter 1, Oregon Laws 2015;

(5) Marijuana wholesalers licensed under Section 21, Chapter 1, Oregon Laws 2015;

(6) Marijuana retailers licensed under Section 22, Chapter 1, Oregon Laws 2015; or

(7) Any combination of the entities described in this section.

(Ord. 2109, passed 6-27-05; Am. Ord. 2234, passed 11-23-15) Penalty, see § 157.999

123

Section 2, ItemA.

157.152 COMMON WALL HOUSING.
(A) Common wall, attached single-family housing shall be allowed in the R-2, R-3, R-4 and
RR zones. Attached single-family housing shall not be allowed in the R-1 zone.

(B) Where common wall housing is proposed, the minimum lot area shall be calculated
using the density standards of the underlying zone for the number of units. At no time may
there be more common wall units than would be allowed for traditional single lot multifamily housing.

(C) There shall be no setback for attached units where abutting a common wall. The
sideyard setback on each end of a common housing block shall be the same as that in the
underlying zone.

(D) Front and rear setbacks shall be the same as those in the underlying zone.

(E) Lot coverage requirements shall be calculated for the aggregate of all common wall
attached units and shall be the same as the coverage requirement in the underlying zone.

(F) Where common wall dwellings abut a lot line, all provisions of the building code for
zero lot line housing shall apply.

(G) Where common wall dwellings are proposed, each dwelling shall be serviced by an
individual water meter and sewer connection. Group metering and connections are not
allowed.

(H) All units with a common wall must be constructed concurrently and be under the
same ownership at the time of initial construction.

(I) Common walls must follow the property line and have no openings.

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Section 2, ItemA.

(Ord. 2180, passed 7-25-11)

157.1523 Junkyards.JUNKYARDS.
(A) Property and enclosure maintenance. Any person, firm, or corporation conducting
within the city the business of storing, wrecking, dismantling or selling any used article
shall confine the business within a building or within a sight-obscuring fenced enclosure,
the fence to be substantially constructed on all open sides or ends of the premises, to a
height of at least seven feet above the ground, and without openings or apertures,
excepting necessary gateways or doors for ingress or egress, and which gates and doors in
the fence shall be kept closed when not in use for ingress or egress.

(B) Objects out of public view. No junk belonging to or under control of the person, firm or
corporation conducting business shall be placed in public view outside of the building or
fenced enclosure where the business is conducted. This prohibition does not apply to the
sale of vehicles as defined in ORS 801.590, including but not limited to recreational
vehicles and manufactured dwellings, or structures on property zoned for such sales and
with any approvals required pursuant to Chapter 157.

(Ord. 2301, passed 7-27-20)

[NEW] 157.153 SINGLE ROOM OCCUPANCIES.
The standards in this section apply to a single room occupancy development on a lot in all
zones where such development is allowed.
(A) A single room occupancy shall be allowed in any residential zone, subject to the
following provisions:
(1) Up to six SRO units on each lot or parcel zoned to allow for the development of
a detached single-unit dwelling; and

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Section 2, ItemA.

(2) On each lot or parcel on which multi-unit housing is allowed, with up to three
SRO units for each dwelling unit permitted by the applicable maximum density
standards.
(3) Parking shall be in accordance with §157.176.
(4) These provisions do not apply to single room occupancies used as day care
homes, residential homes, or residential facilities.
(B) Standards regulating required site amenities or facilities that are expressed on a per
dwelling-unit basis shall be applied by treating every three SRO units as one
dwelling unit for purposes of calculating the applicable requirement

[NEW] 157.154 DUPLEX, TRIPLEX, QUADPLEX, TOWNHOUSE, AND MULTIUNIT REQUIREMENTS.
The standards in this section apply to the development of a duplex, triplex, quadplex, or
townhouse dwelling on a lot in all zones where such development is allowed.
(A) Existing Structures.
(1) Development of middle housing is allowed on a lot or parcel with existing
housing, which may be retained along with the new units. Existing housing
may consist of:
(a) One single-unit dwelling;
(b) One single-unit dwelling plus one ADU; or
(c) One duplex.
(2) The retained units may be nonconforming with respect to the applicable
siting and design standards in this code.
(3) Retained units on the lot may be separated from the new units by a
Middle Housing Land Division, pursuant to §154.74.

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Section 2, ItemA.

(B) Adoption by Reference. The intent of this subsection is to align the implemented
design standards within the section of the same title in the Department of Land
Conservation and Development (DLCD) Large Cities Model Code, and modify the
standards as appropriate for Hermiston. The Large Cities Model Code is available as
an attachment to OAR 660-008-0410. The following code subsections from the
Large Cities Model Code relating to windows and doors are modified in subsection
(D) below:
(1) Section 2.2.3 Windows and Doors, applicable to duplexes only (not singleunit detached);
(2) Section 3.2.3 Windows and Doors;
(3) Section 4.2.3 Windows and Doors; and
(4) Section 6.2.5 Windows and Doors.
Any additional local amendments shall be adopted by ordinance and appended to
this section.
(C) Subsequent Versions of Model Code. Any future version of the subsections with the
same title within the Large Cities Model Code shall be adopted automatically, but
shall be limited to the above identified sections, so long as the intent and heading of
those subsections remain unchanged. If differences arise in the content (windows
and doors) of the identified model code subsections and the standards in
subsection (D), such as the removed reference to the Large Cities Model Code
measurement methodology section, the modifications continue to apply shall
apply.
(D) Windows and Doors.
(1) Windows or pedestrian entrance doors must be provided on street-facing
facades as follows:
(a) At least one street-facing façade must have a minimum of 15
percent windows or pedestrian entrance doors.

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Section 2, ItemA.

(b) All other street-facing facades must have a minimum of 10
percent windows or pedestrian entrance doors.
(2) The following facades are exempt from these standards:
(a) Facades separated from the street lot line by a dwelling, or by a
buildable lot with a depth of at least 20 feet measured from the
street lot line.
(b) Facades that are more than 40 feet from the street lot line.
(c) Facades facing an alley.

[NEW] 157.155 COTTAGE CLUSTERS.
The standards in this section apply to the development of a cottage clutter dwelling on a lot
in all zones where such development is allowed.
(A) Existing Structures.
(1) Cottage cluster development is allowed on a lot or parcel with existing
housing, which may be retained along with the new units, consisting of:
(d) One single-unit dwelling;
(e) One single-unit dwelling plus one ADU; or
(f) One duplex.
(2) The retained units may be nonconforming with respect to the applicable
siting and design standards in this code.
(3) Retained units on the lot may be separated from the new units by a
Middle Housing Land Division, pursuant to §154.74.
(B) The average cottage footprint within a cottage cluster may be no greater than 900
square feet, 200 square feet may be exempt for an attached garage or carport.

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Section 2, ItemA.

Detached garages, carports, or accessory structures shall not contribute to the
dwelling unit footprint.
(C) Adoption by Reference. The intent of this subsection is to align the implemented
design standards within the section of the same title in the DLCD Large Cities Model
Code and modify the standards as appropriate for Hermiston. The Large Cities
Model Code is available as an attachment to OAR 660-008-0410. The following code
subsections from the Large Cities Model Code relating to cottage cluster design
standards are modified in (E) through (K):
(1) Section 5.2.1 Cottage Orientation;
(2) Section 5.2.2 Common Courtyard Design Standards;
(3) Section 5.2.3 Community Buildings
(4) Section 5.2.4 Pedestrian Access
(5) Section 5.2.5 Windows and Doors; and
(6) Section 5.2.8 Existing Structures.
Any additional local amendments shall be adopted by ordinance and appended to
this section.

(D) Subsequent Versions of Model Code. Any future version of the subsections with the
same title within the Large Cities Model Code shall be adopted automatically, but
shall be limited to the above identified sections, so long as the intent and heading of
those subsections remain unchanged. If differences arise in the base content of the
identified model code sections and the standards in subsections (E) through (K),
particularly any modifications to internal Hermiston Municipal Code references and
the removal of the reference to the Large Cities Model Code measurement
methodology section, the modifications shall continue to apply.
(E) Cottage Orientation. Cottages must be clustered around a common courtyard, as
demonstrated by meeting the following standards (see Figure 5.2.2.a):

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Section 2, ItemA.

(1) Each cottage within a cluster must have a main entrance that is directly
connected to the common courtyard by a pedestrian walkway.
(2) A minimum of 50 percent of cottages within a cluster must:
(a) Be within 10 feet from the common courtyard, measured from the
nearest façade of the cottage to the nearest edge of the common
courtyard; and
(b) Have a main entrance that either faces the common courtyard or
is no more than 20 feet from the common courtyard.
(3) Cottages must abut the common courtyard on at least two sides of the
courtyard.
(4) An existing dwelling or dwellings included within a cottage cluster pursuant
to (J) may be excluded from the calculation of cottages oriented toward the
common courtyard at the applicant’s option.
(F) Common Courtyard Design Standards. Each cottage cluster must share a common
courtyard that meets the following standards (see Figure 5.2.2.a):
(1) The common courtyard must be a single, contiguous piece.
(2) The common courtyard must be a minimum of 15 feet wide at its narrowest
dimension and must be a minimum of 150 square feet per cottage.
(3) The common courtyard shall be developed with a mix of landscaping, lawn
area, pedestrian walkways, or paved courtyard area, and may also include
recreational amenities. Impervious elements of the common courtyard shall
not exceed 75 percent of the total common courtyard area.
(4) Common courtyards must include pedestrian walkways. Walkways that are
contiguous to a courtyard shall count toward the courtyard’s minimum
dimension and area. Parking areas, required setbacks, and driveways do not
qualify as part of a common courtyard.

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Section 2, ItemA.

(G) Community Buildings. Cottage cluster projects may include community buildings
for the shared use of residents that provide space for accessory uses such as
community meeting rooms, guest housing, exercise rooms, day care, or community
eating areas. Community buildings must meet the following standards:
(1) Each cottage cluster is permitted one community building, which shall
count towards the maximum average cottage size, pursuant to §157.155(B).
(2) Community buildings shall not include individual storage spaces for
residents. However, storage areas for shared equipment or supplies is
permitted.
(3) When a community building meets the definition of a dwelling unit and has a
footprint that exceeds the maximum footprint in subsection (B) or exceeds
the maximum number of cottages in a cottage cluster, a covenant must be
recorded against the property stating that the structure is not a legal dwelling
unit and will not be used as a primary dwelling.
(H) Pedestrian Access.
(1) A walkway must connect the main entrance of each cottage to the following:
(a) The common courtyard;
(b) Shared parking areas;
(c) Community buildings; and
(d) Sidewalks in public rights-of-way abutting the lot or rights-of-way
if there are no sidewalks.
(2) The walkway must be hard-surfaced and a minimum of 4 feet wide.
(3) An accessible walkway must connect the main entrance of each accessible
or adaptable unit to:
(a) A sidewalk abutting the lot, or a right-of-way if there is no
sidewalk; and

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Section 2, ItemA.

(b) At least one ADA parking space, if provided.
(I) Windows and Doors.
(1) Cottages within 20 feet of a street lot line must meet the following standards:
(a) At least one street-facing façade must have a minimum of 15
percent windows or pedestrian entrance doors.
(b) All other street-facing facades must have a minimum of 10 percent
windows or pedestrian entrance doors.
(2) The following facades are exempt from these standards:
(a) Facades separated from the street lot line by a dwelling, or by a
buildable lot with a depth of at least 20 feet measured from the
street lot line.
(b) Facades facing an alley.
(J) Existing Structures. On a lot to be used for a cottage cluster project, existing units
retained under §157.155(A) may remain within the cottage cluster project area
under the following conditions:
(1) The retained unit(s) may be nonconforming with respect to the requirements
of this code.
(2) The retained unit(s) may be expanded up to the maximum height or the
maximum building footprint in §157.155(B); however, retained units that
exceed the maximum height or footprint of this code may not be expanded.
(3) An applicant may choose to exclude the floor area of the retained unit(s)
when calculating the average cottage size of a cottage cluster.
(K) Trash Storage.

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Section 2, ItemA.

(1) Shared storage facilities for trash and recycling receptacles that are located
within 20 feet of a street lot line or a lot line abutting residential property shall
meet the following standards:
(a) The storage facility shall be screened from street lot lines and
abutting residential properties by a wall, solid fence, or evergreen
hedge. Except as specified in subsection (3), the screen must be
at least 4 feet in height and located no more than 3 feet from the
storage facility.
(b) The storage facility must be separated from the street lot line by
at least 5 feet.
(c) For lot lines abutting residential properties, the storage facility
must either be setback from the lot line by at least 5 feet, or the
screen facing the lot line must be at least 6 feet in height.
(2) Trash and recycling receptacles stored within a building are exempt from
these standards.
Section

[NEW] 157.156 AFFORDABLE AND ACCESSIBLE BONUS UNITS.
This section regulates the bonuses allowed for middle and multi-unit housing development
that includes affordable and accessible design. The intent of this section is to align the
implemented design standards with the identified sections below from the DLCD Large
Cities Model Code and modify the standards as appropriate for Hermiston.
(A) Adoption by Reference. The City hereby adopts by reference the following chapter
and sections of the Department of Land Conservation and Development (DLCD)
Large Cities Model Code, applicable within City Limits.
(1) Chapter 8 Bonuses; and
(2) Section 1.4 Retention of Existing Units with Middle Housing.
These subsections of the Large Cities Model Code are available as an attachment to
OAR 660-008-0410 and incorporated as if fully set forth herein.

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Section 2, ItemA.

(B) Subsequent Versions of Model Code. Any future version of the subsections with the
same title within the Large Cities Model Code shall be adopted automatically, but
shall be limited to the above identified chapter and section, so long as the intent
and heading of those remain unchanged. The amendments identified in subsection
(C) below shall continue to apply to any adopted future versions for the Large Cities
Model Code.
(C) Amendments.
(1) Local amendments to adopted subsections of the Large Cities Model Code
shall be as follows:
(a) For Tables 8.2-1, 8.2-2, 8.2-3, 8.2-4, and 8.2-5:
i.

The “Bonus Types” column shall only apply for those
standards regulated by the Hermiston Municipal Code. For
example, this Code does not regulate floor area ratio;
therefore, that bonus shall not apply.

ii.

The “Base Allowance” column shall not apply except as
identified in (iii) below. The qualifying bonus shall instead be
applied to that allowed by the base zone or applicable
supplemental provisions.

iii.

In the case of the “Reduce Minimum Density” bonus type,
the qualifying bonus shall instead be taken as a reduction to
the required minimum lot area to a minimum of the
identified “Base Allowance.”

(2) Any additional local amendments shall be adopted by ordinance and
appended to this section.
(D) Administration. The City Administrator shall administer this chapter consistent with
state standards

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Section 2, ItemA.

[NEW] 157.157 EMERGENCY SHELTER AUTHORIZATION.
This section regulates buildings that may be authorized as an emergency shelter on any
land within the city.
(A) The City shall approve an application for the development or use of land for an
emergency shelter, as defined in §157.002, on any property notwithstanding the
applicable state law or other standards of this code or the Hermiston
Comprehensive Plan, if the emergency shelter:
(1)

Includes sleeping and restroom facilities for clients;

(2)

Demonstrates compliance with adopted Hermiston building codes;

(3)

Is located within the City Limits as defined in the Hermiston
Comprehensive Plan or urban areas per the Hermiston Planning Area Joint
Management Agreement with Umatilla County;

(4)

Will not result in the development of a new building that is sited within an
area designated under a statewide planning goal relating to natural
disasters and hazards, including the Development Hazard (DH) overlay,
unless the development complies with regulations directly related to the
hazard;

(5)

Has transportation access to commercial and medical services; and

(6)

Will not pose any unreasonable risk to public health or safety.

(B) An emergency shelter allowed under this section must be operated by:
(1) A local government as defined in §157.002;
(2) An organization with at least two years’ experience operating an emergency
shelter using best practices that is:
(a) A local housing authority as defined in ORS 456.375;
(b) A religious corporation as defined in ORS 65.001; or
(c) A public benefit corporation, as defined in ORS 65.001, whose
charitable purpose includes the support of homeless individuals, that
has been recognized as exempt from income tax under section 501(a)
of the Internal Revenue Code for at least three years before the date of
the application for a shelter; or

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Section 2, ItemA.

(d) A nonprofit corporation partnering with any other entity described in
this subsection.
(C) An emergency shelter approved under this section:
(1) May provide facilities on-site for its clients and at no cost to the clients for:
(a) Showering or bathing;
(b) Storage for personal property;
(c) Laundry;
(d) Food service prepared on-site or off-site;
(e) Recreation areas for children and pets;
(f) Case management services for housing, financial, vocational,
educational or physical or behavioral health care services; or
(g) Any other services incidental to shelter.
(2) May also provide additional services not described in subsection (C)(1) to
individuals who are transitioning from unsheltered homeless status. An
organization providing services under this subsection may charge a fee of no
more than $300 per month per client and only to clients who are financially
able to pay the fee and who request the services.
(3) May include youth shelters, winter or warming shelters, day shelters and family
violence shelter homes as defined in ORS 409.290.
(D) An emergency shelter under this section shall be decided by City Council in
accordance with the public hearing requirements in §157.230. Whether or not a
hearing is held, the approval or denial is not a land use decision and is subject to
review only under ORS 34.010 to 34.100. A reviewing court shall award attorney fees
to:
(1) The local government, and any intervening applicant, that prevails on the
appeal of a local government’s approval; and
(2) An applicant that prevails on an appeal of a local government’s denial.

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Section 2, ItemA.

(E) An approval of an emergency shelter under this section is void unless the shelter is
operating within two years following the approval.
(F) A building or cluster of buildings used as an emergency shelter under an approval
granted by this section:
(1) May resume its use as an emergency shelter after an interruption or
abandonment of that use for two years or less;
(2) May not be used for any purpose other than as an emergency shelter except
upon application for a building or land use permit demonstrating that the
building could be approved under the current Hermiston Municipal Code and
land use laws.
(G) An application for an emergency shelter is not subject to approval under this
section if, at the time of filing, the most recently completed point-in-time count, as
reported to the United States Department of Housing and Urban Development,
indicated that the total sheltered and unsheltered homeless population was less
than 0.18 percent of the state population, based on the latest estimate from the
Portland State University Population Research Center.

[NEW] 157.158 BY-RIGHT AFFORDABLE HOUSING AND CONVERSION OF
COMMERCIAL USE TO RESIDENTIAL USE STANDARDS.
This section regulates affordable housing development allowed by right and the conversion
of commercial uses to residential uses in zones as allowed in the base zone standards or
as otherwise stipulated by this section. This section is intended to align with the
requirements of ORS 197A.445 and ORS 197A.460.
(A) Affordable housing as defined in §157.002 is allowed if proposed on property that is:
(1) Owned by a state government body, local government body, or special
government body;
(2) A nonprofit organization that is organized as a religious corporation;
(3) A nonprofit corporation that is organized as a public benefit corporation
whose primary purpose is the development of affordable housing;

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Section 2, ItemA.

(4) A housing authority, as defined in ORS 456.005;
(5) A manufactured dwelling park nonprofit cooperative, as defined in ORS
62.803; or
(6) As indicated as permitted in the base zoning standards.
(B) Affordable housing under this section on land zoned for residential use may be
developed at the density and height level, considering whichever is greater:
(1) Density bonuses for affordable housing under §157.156; or
(2) Without consideration of any density bonus for affordable housing under
§157.156:
(a) For property with existing maximum density of 16 or fewer units per
acre, 200 percent of the existing density and 12 additional feet of height;
(b) For property with existing maximum density of 17 or more units per acre
and 45 or fewer units per acre, 150 percent of the existing density and
24 additional feet of height; or
(c) For property with existing maximum density of 46 or more units per
acre, 125 percent of the existing density and 36 additional feet of height.
(3) Density or height bonuses may be reduced to address a health, safety, or
habitability issue, including fire safety, or to comply with protective measures
pursuant to a statewide planning goal. The City must adopt findings to
support this reduction.
(C) Affordable housing under this section is only allowed on land zoned to allow industrial
uses if the property is:
(1) Publicly owned;
(2) Adjacent to lands zoned for residential uses or schools; and
(3) Not zoned for heavy industrial uses.

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Section 2, ItemA.

(D) Commercial conversion to residential use:
(1) Is only subject to the difference in water and wastewater SDCs between
those paid when the building was originally constructed and those required
at the time of the current application.
(2) Requires the lesser number of parking spaces in accordance with §157.175
from either:
(a) The amount required for the existing commercial use; or
(b) The amount required for the proposed residential use type.
(3) Conversion of an existing commercial use that does not expand the building
footprint, including conversion of a lawful nonconforming structure, is
permitted and is not subject to any standards regulating development
adopted by the local government.
(4) Expansions, modifications, or additions to an existing structure are subject
to the base zone’s standards.
(5) Modifications to a lawful nonconforming structure may not increase
nonconformance with applicable standards regulating development, except
as permitted by §157.195.
(E) Affordable housing and commercial conversion to residential use is not required to be
allowed on a property that:
(1) Cannot be adequately served by water, sewer, storm water drainage or
streets, or will not be adequately served at the time that development on the
lot is complete;
(2) Contains a slope of 25 percent or greater;
(3) Is within a 100-year floodplain; or

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Section 2, ItemA.

(4) Is constrained by land use regulations based on statewide land use planning
goals relating to:
(a) Natural disasters and hazards; or
(b) Natural resources, including air, water, land or natural areas, but not
including open spaces or historic resources.
(F) Affordable housing developments and commercial conversion to residential use do not
require a zone change or conditional use permit before allowing the use.
(G) Affordable housing developments and commercial conversion to residential use do not
require the City to consider or update any statewide planning goal analyses relating to
economic development.
(A) Residential or mixed use structures on commercial lands subject to affordable housing
covenants as provided in ORS 456.270 to 456.295 at the income levels specified in the
base zone:
(H)
(1) Are only subject to approval standards, conditions and procedures,
applicable to the R-3 base zone (§157.027).
(2) Do not require the city to consider or update any statewide planning goal
analyses relating to economic development.
(3) Do not apply on lands as identified in §157.158(E).
(4) Do not apply on lands that are vacant or added to the urban growth boundary
within the last 15 years.
(I) All affordable housing and commercial conversions regulated by this section shall be
subject to the standards of the base zone, or residential zone as specified, unless
modified by the density bonuses in subsection (B) where applicable.

140

Section 2, ItemA.

DEVELOPMENT STANDARDS
157.160 DEVELOPMENT POLICY.
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 2-28-94) Penalty, see § 157.999

157.161 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.

DEVELOPMENT. The conversion or change in character of occupancy or use of a building
which would place the structure in a different building group as defined in the Uniform
Building Code; the erection of a new structure; the demolishing of existing buildings for the
conversion of property to a differing use; the creation of gasoline pumps, drive-up
windows, traffic islands or similar alterations which channelize, alter or increase the traffic
volume or pattern on adjacent roadways. The term Development for purposes of this
chapter shall not mean interior remodeling, repairs or maintenance of improvements to
any existing structure which does not increase the volume of the structure, specifically

141

Section 2, ItemA.

exempted under this chapter are building facades, roof or exterior wall repair or
replacement, heating, ventilating or electrical alterations, or activities similar in character.

DEVELOPMENT SITE. An area consisting of a parcel or tract of land specifically identified by
a proponent as the land to be altered or developed. All required area to meet parking
standards and similar requirements for a particular development shall be included in the
term; however, the total property ownership of the proponent will not be considered in the
site if it is not necessary to the development.

(Ord. 1840, passed 2-28-94)

157.162 ISSUANCE.
No building permit may be issued for any development within the city unless it has met the
terms of this section.

(Ord. 1840, passed 2-28-94)

157.163 IMPLEMENTING ACTION.
The following development shall fall within the scope of this subchapter and shall be
required to comply with the requirements identified herein:
(E) New residential, commercial, industrial or utility facility development;
(F) Expansion of single-family unit or two-family duplex residential development
costing in excess of 30% of the assessed value of the improvements on the
property;
(G) Reconstruction of a single-family unit or two-family duplex residential casualty
loss costing in excess of 130% of the previously assessed value of the structure
itself;
(H) Expansion of multiple-familyunit, commercial or industrial development costing
in excess of 10% of the assessed value of the improvements on the property;
(I) Reconstruction of multiple-familyunit, commercial or industrial casualty loss in
excess of 110% of the previously assessed value of the structure itself; and
(J) Change of occupancies.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94; Am. Ord. 2138, passed 6-25-07; Am. Ord. 2322, passed 6-1421)

157.164 DEVELOPMENT REQUIREMENTS.
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 right-of-way;
(3)
Existing and proposed utility lines and/or easements;
(4)
Building setbacks;
(5)
Location of utilities and proposed connection routes;
(6)
Off-street parking;
(7)
Curb cut and sidewalk locations and dimensions and drainage plan.

(B)(C) 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)(D) 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 right-of-way adjacent
to the development in conformance with city standards and provide
easements or deeds to the city for all public facilities.
(1)(2)
HoweverThe applicant may request approval from the City to
participate in a future improvement district or appeal conditions of approval

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Section 2, ItemA.

relating to required public facilities if concurrent construction with the
proposed development is not feasible. The appeal will be in accordance with
§157.232 to undertake a local hearing process and reach an agreement.,
where it is determined that delaying 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 All utilities shall be extension extended to
and through the development site, including each lot or parcel affected by the
proposed development, so as to be readily available for adjacent development.
of public facilities is required, aAll 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 Ccity 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.
(H) Middle housing development, as defined in §157.002, is exempt from trafficrelated exactions, other than a generally applicable system development charge
or fee-in-lieu-variance charge, unless:
(1) The traffic exaction is a generally applicable system development charge or a
fee-in-lieu-variance charge;
(2) The traffic exaction is a requirement specific to the lot or parcel on which the
middle housing is proposed or its frontage;

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Section 2, ItemA.

(3) The proposal consists of townhouses or cottage clusters with more than 12
units; or
(4) The proposal is on a lot or parcel created by a land division, other than a
middle housing land division per §154.74, that occurred within the previous
five years.

(Ord. 1840, passed 2-28-94) Penalty, see § 157.999

157.165 FINAL APPROVAL.
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 2-28-94)

157.166 LIMITED LAND USE DECISIONS.
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)

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Section 2, ItemA.

OFF-STREET PARKING AND LOADING
157.175 OFF-STREET PARKING REQUIREMENTS.
(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 spaces haves been provided in connection with an existing use, the parking
spaces 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

157.176 USES AND SPACES.
Uses

Standard Number of Spaces
Residential
Single-family unit and duplextwo-family dwellings
Two spaces in total, one of which may be located
within any required yard
Triplex dwellings
Three spaces in total, which may be located within
any required yard
Quadplex dwellings
Four spaces in total, which may be located within
any required yard
Townhouses and cottage clusters
One space per dwelling unit, which may be located
within any required yard
Multi-unit dwellings (Multi-family
Two spaces per dwelling unit with three or more
dwellingsApartments)
bedrooms and 1.5 spaces per unit with less than
three bedrooms
Single Room Occupancies
Two spaces for every three units for six units or less,
1.5 spaces for every three units for greater than six
units
Accessory Dwelling Units
None.

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Section 2, ItemA.

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
One space per 600 square feet of floor area
exclusively bulky merchandise such as automobiles
and furniture
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

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Section 2, ItemA.

Mortuaries

One space per four seats or eight feet of bench
length in chapels
Industrial
Storage warehouse, manufacturing establishment,
One space per 1,000 square feet
rail or trucking freight terminal or wholesale
establishment

(Ord. 1840, passed 2-28-94; Am. Ord. 2322, passed 6-14-21)

157.177 OFF-STREET LOADING.
(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

157.178 ADDITIONAL REQUIREMENTS.
(A) Obligations and violations.

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Section 2, ItemA.

(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 offstreet 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.

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Section 2, ItemA.

(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

157.179 DESIGN REQUIREMENTS.
(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-family unit or middle
housingtwo-family 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.

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Section 2, ItemA.

(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 unit and two-family
middle housing 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; Am. Ord. 2322, passed 6-14-21) Penalty, see § 157.999

NONCONFORMING USES
157.190 CONTINUATION OF USE.
(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

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Section 2, ItemA.

the official zoning maps may be continued and maintained in reasonable repair, although
the use does not conform with the provisions of this chapter.

(Ord. 1840, passed 2-28-94; Am. Ord. 2301, passed 7-27-20)

157.191 VESTED RIGHTS.
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 2-28-94)

157.192 ALTERATION OF USE OR STRUCTURE.
(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.a limited land use decision as defined in ORS 197.015(12) and
§157.229.

(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.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94)

157.193 RESTORATION OF USE OR STRUCTURE.
(A) 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 four
years and is diligently prosecuted to completion.
(B) Nonconforming dwellings damaged or destroyed by a natural or involuntary event
may be replaced.

(Ord. 1840, passed 2-28-94)

157.194 DISCONTINUANCE OF USE.
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 2-28-94) Penalty, see § 157.999

157.195 CRITERIA TO GRANT OR DENY.
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;

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Section 2, ItemA.

(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 2-28-94) Penalty, see § 157.999

157.196 COMPLIANCE WITH STATE AND LOCAL CODES.
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 2-28-94) Penalty, see § 157.999

CONDITIONAL USES
157.205 AUTHORITY TO GRANT OR DENY.
(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 subchapter and
§157.22930. 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.

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Section 2, ItemA.

(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 2-28-94)

157.206 APPLICATION PROCEDURE.
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

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Section 2, ItemA.

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 2-28-94)

157.207 PUBLIC HEARING; RECESS.
(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 §157.229230.

(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 2-28-94)

157.208 APPROVAL CRITERIA.
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.

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Section 2, ItemA.

(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 2-28-94)

157.209 NOTIFICATION OF ACTION.
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 2-28-94)

157.210 STANDARDS FOR CONDITIONAL USES.
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.

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Section 2, ItemA.

(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 enough open space for children
that meets the requirements for certified child care centers by the Early Learning Division
of the Oregon Department of Education (see OAR 414-300-0150). 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 2 1/2 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;

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Section 2, ItemA.

(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 quasi-judicial
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 2-28-94; Am. Ord. 2264, passed 9-24-18) Penalty, see § 157.999

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Section 2, ItemA.

ADMINISTRATION AND ENFORCEMENT
157.215 INFILL DEVELOPMENT DESIGNATION.
(A) Purpose. The purpose of the infill development designation is to encourage
construction of new residential development in existing, underdeveloped neighborhoods
when designated by the Planning Commission. Infill development encourages efficient use
of land and helps to utilize existing public facility infrastructure, avoiding costly extensions
of new facilities. A property owner may apply to have existing property designated as infill
property and obtain deviation from property development standards when following the
existing clear and objective development standards is not feasible or will result in substandard development.

(B) Criteria. When the Planning Commission determines that a property is eligible for
designation as an infill property, the city may grant deviations from the city’s development
standards, including but not limited to: zoning standards, public works standards, access
and circulation standards, and other requirements of the city zoning and public works
requirements. In order to be considered for designation as an infill property, a property
owner or their authorized agent must demonstrate compliance with four of the following
eligibility standards:

(1) A lot with a single-family unit or duplextwo-family dwelling constructed prior to
February 28, 1994;

(2) A lot in existence prior to the adoption of the zoning standards adopted in Ordinance
1840 on February 28, 1994;

(3) A lot within the city limits, except as provided in subsection (C)(2) of this section;

(4) A lot located within the R-1, R-2, R-3, R-4, or RR zone; and

(5) The property will be used for residential development.

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Section 2, ItemA.

(C) Property not eligible. The following items shall not be considered criteria used to
determine eligibility for consideration as infill property:

(1) A landlocked parcel with no street access or dedicated access easement;

(2) A parcel outside the city limits unless annexation is applied for simultaneously;

(3) A wetland is not a development constraint eligible for infill waiver as a wetland is
considered a water of the state and under the jurisdiction of the Department of State
Lands; and

(4) Existing residential property within the C-1, C-2, DCO, and NCO zones is not eligible
for residential infill.

(D) Constraints. When the Planning Commission determines that a property meets the
eligibility standards in subsection (B) of this section, a property owner or their authorized
agent must demonstrate that the property is constrained and cannot be developed in the
standard manner. Constrained property may include but is not limited to such factors as:

(1) A lot is not adjacent to existing municipal sewer and/or water lines;

(2) A lot is serviced by existing municipal sewer and/or water line which is sized below
minimum standard pipe size;

(3) A lot receives access from a street which has no paving, curb, gutter, or sidewalk, and
is not adjacent to any existing improvements;

(4) A lot with a depth of at least 300% of the lot width;

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Section 2, ItemA.

(5) An existing dwelling situated on the property in such a location that it is impossible to
create a second parcel while maintaining the required setbacks for the dwelling and
minimum lot width and depth for a new parcel;

(6) A lot of at least 175% of the minimum lot size in the underlying zone but less than
250% of the minimum lot size;

(7) A lot of at least 175% of the minimum lot width or depth in the underlying zone but less
than 250% of the minimum lot width or depth;

(8) A property is bounded on at least two sides by development which does not meet
current lot size, lot width, lot coverage, or setback requirements;

(9) A property contains a physical constraint, such as an unusual shape, steep slope,
canal, utility easement, alley, or similar feature which makes conventional development
impossible;

(10) A property with an existing dwelling has an assessed land value greater than the
assessed value of the improvements; and

(11) A property contains a dwelling which is no longer functional due to neglect, damage,
or other age-related issue.

(E) Application procedure. A property owner or their authorized agent may initiate a
request for an infill designation and deviation 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.

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Section 2, ItemA.

(F) Public hearing; recess. Before the Planning Commission may act on a request for an
infill designation and deviation, it shall hold a public hearing in accordance with the
procedures set forth in § 157.23029. At the time of the public hearing, the Planning
Commission shall determine if the property meets the eligibility for an infill designation and
the appropriate deviations necessary to facilitate development.

The Planning Commission may recess a hearing on a request for an infill designation 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. Recess or continuance of the
hearing shall be in accordance with the provisions in ORS 197.763(6) and (7) for a quasijudicial hearing.

(G) Approval criteria. Based on the testimony and evidence contained in the record, the
Planning Commission shall develop findings of fact to justify either approving or denying an
infill designation and deviation as set forth in subsection (H) of this section. 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:

(1) The property is constrained by internal or external physical features which preclude
development conforming to adopted city standards;

(2) Public facilities have the capacity to service the development at the proposed density
and are either in place or may be extended at the developer’s expense;

(3) Granting of an infill designation will not have a negative impact on the ability of fire and
life services to service the property;

(4) Approval of infill development will result in a development that is reasonably
compatible with the existing neighborhood and adjacent properties; and

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Section 2, ItemA.

(5) Granting of an infill designation will result in residential development on property that
would otherwise remain vacant or developed below the approved density.

(H) Approval of infill designation. In granting approval of an infill designation, the Planning
Commission may grant deviations from the city’s development standards. Standards which
qualify for a deviation include:

(1) Lot width;

(2) Lot depth;

(3) Minimum lot size;

(4) Lot coverage;

(5) Front, rear, and side setbacks;

(6) Minimum street frontage;

(7) Minimum utility sizing standards;

(8) Building height;

(9) Off-street parking standards; and

(10) Street improvement standards.

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Section 2, ItemA.

When approving an infill designation on a property, the Planning Commission shall adopt
conditions it deems necessary to ensure that the property develops in a manner that is
reasonably compatible with neighboring properties. These conditions may include but are
not limited to:

(1) Specifying exterior construction materials;

(2) Requiring landscape improvements;

(3) Requiring fencing improvements; and

(4) Requiring certain architectural features to insure neighborhood compatibility.

(I) Notification. 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 an infill
designation. A decision on an infill designation may be appealed to the City Council
following the procedures in § 157.2312.

(Ord. 2250, passed 9-25-17; Am. Ord. 2322, passed 6-14-21)

157.225 VARIANCES.
(A) Authority to grant variances.
(1) Except for variances to residential development standards, which shall be
reviewed administratively per §157.229, Tthe 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

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Section 2, ItemA.

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 or city administration 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. Except for variances to residential development
standards, which shall be reviewed administratively per §157.229, Tthe
procedure to be followed in applying for and acting on a variance shall be the
same as that provided in §157.23029 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.

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Section 2, ItemA.

(4) Minor variances. One variance involving the following may be granted by the
city administration per §157.229 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 unless required to be an administrative decision under §157.229.
(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 aFor minor variances be granteddetermined 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-ofway, 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 periodnoticing shall be in accordance with
§157.229.

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Section 2, ItemA.

(1)(2)
For variances determined by the Planning Commission, noticing shall
be in accordance with §157.230.
(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 2-28-94)

157.226 AMENDMENTS.
(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. Apart for an application
for a zone change to allow for denser residential use designation, Tthe Planning
Commission shall, within 40 days after a public hearing in accordance with
procedures set forth in §157.22930, 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 quasi-judicial change.
(2)(3)Amendments to allow for denser residential use designation (residential
upzoning).
(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) Quasi-judicial proceedings.

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Section 2, ItemA.

(1) A proposed amendment to this chapter shall be deemed a quasi-judicial
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) Quasi-judicial 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 quasi-judicial matter, the decision of the Planning Commission shall be
final.
(E) Residential upzoning.
(1) An application for an amendment to allow for residential upzoning shall be
reviewed in accordance with §157.229 per ORS 197A.146.
(3)(2)
A zone change qualifies under this subsection only when requested in
conjunction with a specific residential development proposal that would be
enabled by the requested zoning designation.
(E)(F)

Approval criteria.
(1) The following criteriona apply to residential upzoning applicationsmust be
followed in deciding upon a quasi-judicial proceeding:
(a) The proposed amendment shall conform with the Comprehensive
Plan map.
(2) The following criteria apply to all other amendment applications:
(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:

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Section 2, ItemA.

1.(a)
The change is in conformance with the goals and policies of
the Comprehensive Plan and also the goals and policies of the
plan.;
2.(b)
The showing ofhere is a public need for the rezoning
amendment and whether that public need is best served by
changing the zoning classification on that property under
considerationto comply with changing conditions or new laws.;
3.(c)
The public need is best served by changing the classification of
the subject site in question as compared with other available
property.
(d) The potential impact upon the area resulting from the change has
been considered.
4.(e)
The amendment is consistent with adopted Master Plans and
Public Works Standards as applicable.
(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 quasi-judicial 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.
(e)(3)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 §157.22930 of this chapter. Both text and map amendments shall also
be submitted to the Department of Land Conservation and Development 345
days prior to the date set for final action except as provided for under ORS
197.610.

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Section 2, ItemA.

(f)(4) 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 Councilas indicated on the application form.
(g) 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.
(h)(5)
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 2-28-94)

157.227 DUTIES OF CITY MANAGER.
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 2-28-94)

157.228 PERMIT REQUIRED; TIME LIMIT.
(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.

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Section 2, ItemA.

(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 2-28-94) Penalty, see § 157.999

[NEW] 157.229 ADMINISTRATIVE DECISIONS.
Whenever this code prescribes that an application shall be reviewed administratively,
procedures and notice thereof shall be undertaken as provided in this section.
(A)

Application Types. Applications reviewed under administrative procedures, unless
otherwise indicated within the Code, include:
(1) Limited land use applications made under ORS 197.195, including application
types defined in ORS 197.015(12):
(a) All uses permitted outright by this chapter and subject to §157.160
through §157.165;
(b) Tentative subdivision or partition plan;
(c) Replat;
(d) Extension, alteration or expansion of a nonconforming use; or
(e) Minor variances.
(2) Expedited applications for certain residential development under ORS
197A.146.
(a) These applications include:

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Section 2, ItemA.

1.

A zone change to allow for a denser residential use
designation (residential upzoning) when requested in
conjunction with a specific residential development proposal
enabled by the zone change; or

2.

A variance from a residential approval standard.

(b) This expedited process only applies to land at the time of application
that is zoned for residential or mixed-use residential use or has a
residential comprehensive plan designation.
(3) Clear and objective residential applications under ORS 197A.400 related to the
development of housing.
(B)

Application. An administrative application is not initially subject to the
requirements of ORS 197.797. The application shall be accompanied by a narrative
description; responses to the applicable criteria and standards contained in this
code that are considered relevant to the proposal; and the requirements of
§157.164.
(1) For limited land use applications, the Hermiston Comprehensive Plan, apart
from the adopted Comprehensive Plan Map, shall not be an approval standard
for a limited land use decision.

(C)

Notice. Public notice shall be mailed at least fourteen (14) days prior to the
decision.
(1) Public notice shall:
(a) Explain the nature of the application and the proposed use or uses which
could be authorized.
(b) List the applicable criteria from the code, and if applicable the plan, that
apply to the application or indicate where to find criteria.
(c) Set forth the street address or other easily understood geographical
reference to the subject property.

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Section 2, ItemA.

(d) State the place, date, and time that comments are due.
(e) State that failure of an issue to be raised by public comment, or failure to
provide sufficient detail to afford the decision maker an opportunity to
respond to the issue, prior to the expiration of the comment period,
precludes appeal to the Land Use Board of Appeals (LUBA) based on
that issue.
(f) Include the name of a local government representative to contact and a
telephone number where additional information may be obtained.
(g) State that copies of the following are available for inspection at no cost
and will be provided at a reasonable cost:
1.

The application;

2.

All documents and evidence relied upon by the applicant; and

3.

Applicable criteria.

(h) Include a general explanation of the requirements for submission of
testimony.
(2) The city shall provide written notice, along with an affidavit or other certification
that such notice was given including the date notice was mailed and the parties
notified.
(a) For a limited land use decision pursuant to ORS 197.195 or expedited
applications of certain residential development under ORS 197A.146,
notice shall be provided to:
1.

The applicant;

2.

Owners of property within 100 feet of the entire contiguous
site for which the application is made. The list shall be
compiled from the most recent property tax assessment roll;

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Section 2, ItemA.

3.

Public agencies known to be affected, including those who
are providing transportation facilities and services affected or
potentially affected by the proposal; and

4.

Any recognized neighborhood or community organization
whose boundaries include the site.

(b) For Expedited Residential Applications that amend the property’s zoning
map designation, under ORS 197A.146, notice to the Department of
Land Conservation and Development under post-acknowledgment
procedures in ORS 197.610 and 197.615 shall be provided.
(c) For Clear and Objective Residential Applications under ORS 197A.400,
notice shall be given only to owners of record of property on the most
recent property tax assessment roll where such property is located
within 100 feet, or within 500 feet for developments of 20 units or more,
of the subject property.
(D)

Decision. Approval or denial of an administrative decision shall be based upon and
accompanied by a brief statement that explains the criteria and standards
considered relevant to the decision, states the facts relied upon in rendering the
decision, and explains the justification for the decision based on the criteria,
standards, and facts set forth.
(1) The city shall provide written notice of the decision to the Applicant and any
party who submits comments in response to subparagraph (C). The notice shall
briefly summarize the decision-making process and contain an explanation of
appeal rights.

(E)

Appeal. The city will provide for a hearing before the Planning Commission on
appeal of an administrative decision under this section. The hearing shall allow the
introduction of additional testimony or evidence and comply with the requirements
of ORS 197.797.
(1) The following parties shall have standing to appeal the decision to the Planning
Commission or subsequently to the Land Use Board of Appeals:

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Section 2, ItemA.

(a) For a limited land use decision pursuant to ORS 197.195 or expedited
applications of certain residential development under ORS 197A.146,
only those receiving notice of the decision under subsection (D), or, if
applicable, those who appeared, either orally or in writing, before the
hearing at the Planning Commission appeal hearing.
(b) For clear and objective housing-related applications under ORS
197A.400, only the applicant.
(2) Written notice of the decision rendered on appeal shall be given to all parties
who appeared, either orally or in writing, before the hearing. The notice of
decision shall include an explanation of the rights of each party to appeal the
decision.

157.22930 PUBLIC HEARINGS; NOTICE OF PUBLICATION.
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 shall be consistent with ORS 197.195 for limited land
use decisions and consistent with ORS 197.763 for quasi-judicial land use
decisions by publication in a newspaper of general circulation in the city.
(B) The applicant in all land use actions shall post a sign on the property declaring that
a land use application has been filed. The notice shall be posted not less than 20
days prior to the initial public hearing for quasi-judicial land use actions and not
less than 14 days prior to the initial public hearing for limited land use decisions.
The notice posted on the property shall:
(1) Be posted on the property in a location clearly visible to the public and no
more than 50 feet from a public right-of-way.
(2) State in letters at least two inches tall the following items:
(a) "Notice of Proposed Land Use Action."
(b) The street address of the property proposed for action.

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Section 2, ItemA.

(c) "For additional information, please contact:" and provide a contact
number for the Hermiston Planning Department.
(d) "Comments must be submitted to the Hermiston Planning Department
no later than:" and provide the date for submission of testimony.
(3) Following posting, the applicant must submit a declaration to the planning
department stating that the notice was posted in accordance with this
section.
(C) 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 consistent with ORS 197.763 for quasi-judicial land use decisions. 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;

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Section 2, ItemA.

(7) Include the name of a local government representative to contact and a
telephone number where additional information may be obtained;
(8) State that copies 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.
(D) 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.
(E) 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.
(F) Failure of a person to receive the notice prescribed in this section shall not impair
the validity of a hearing, nor the action taken.
(G) 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 120-day time period will commence on the date the application is
complete.

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Section 2, ItemA.

(Ord. 1840, passed 2-28-94; Am. Ord. 2177, passed 7-25-11)

157.2310 HEARINGS BEFORE PLANNING COMMISSION.
(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 subsection
(C)(1) of this section or other criteria which the person believes apply to the decision;

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Section 2, ItemA.

(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 2-28-94)

157.2312 APPEAL TO CITY COUNCIL.
(A) An action or ruling of the Planning Commission authorized by this chapter may be
appealed to the City Council within 12 days (or within the time limit required by ORS
Chapter 227 if it is greater) after notice of the Planning Commission’s decision and of the
right of appeal has been mailed to all persons involved in the Planning Commission’s
decision. 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.

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Section 2, ItemA.

(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 2-28-94; Am. Ord. 2265, passed 9-24-18)

157.2323 PETITIONS, APPLICATIONS AND APPEALS.
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
units 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 2-28-94)

157.2343 SEVERABILITY.
If any portion of the zoning ordinance is held to be invalid or unconstitutional by a court of
competent jurisdiction, that portion is to be deemed severed from the subdivision or zoning

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Section 2, ItemA.

ordinance, and in no way affects the validity of the remainder of the subdivision or zoning
ordinance.

(Ord. 2177, passed 7-25-11)

157.999 PENALTY.
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 2-28-94)

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