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Hermiston City Zoning Code

ARTICLE IV

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) 
Automobile, boat or trailer sales showroom;
(2) 
Bakery;
(3) 
Bank, loan company or similar financial institution;
(4) 
Barber shop;
(5) 
Beauty shop;
(6) 
Bicycle shop;
(7) 
Blueprinting, photostating or other reproduction;
(8) 
Book or stationery store or newsstand;
(9) 
Bookbinding;
(10) 
Building supply with no outside storage;
(11) 
Bus station;
(12) 
Business machines, retail and service;
(13) 
Catering establishment;
(14) 
Church;
(15) 
Clinic;
(16) 
Clothes, cleaning or laundry agency;
(17) 
Clothing store or tailor shop;
(18) 
Club, lodge, union or fraternal organization;
(19) 
Cocktail lounge or tavern;
(20) 
Confectionery store, including soda fountain;
(21) 
Curtain or drapery store;
(22) 
Dancing school, music studio or instructional classes;
(23) 
Delicatessen;
(24) 
Drug store, pharmacy;
(25) 
Dry cleaning, or pressing, except those using highly volatile or combustible materials or using high pressure steam tanks or boilers;
(26) 
Dry goods, millinery or dress shop;
(27) 
Electrical supply store;
(28) 
Feed and seed store;
(29) 
Floor covering sales and service;
(30) 
Florist shop;
(31) 
Food store;
(32) 
Frozen food lockers, retail only;
(33) 
Furniture store;
(34) 
Garden store;
(35) 
Gift, hobby or art shop;
(36) 
Grocery store, includes convenience store, mini-market;
(37) 
Hardware store;
(38) 
Health studio, physical therapist, reducing salon;
(39) 
Hotel;
(40) 
Jewelry store, including repairing;
(41) 
Leather goods sales, including harness and saddle shop;
(42) 
Locksmith;
(43) 
Magazine or newspaper distribution agency;
(44) 
Meat market, retail only;
(45) 
Newspaper publishing;
(46) 
Notions or variety store;
(47) 
Office, business or professional;
(48) 
Office supplies;
(49) 
Paint store, including related contractor shop;
(50) 
Parking lot or garage;
(51) 
Pawn shop;
(52) 
Pet shop, includes animal grooming but not overnight boarding or kennel;
(53) 
Printing plant;
(54) 
Radio or television sales and service;
(55) 
Restaurant or hotel supply;
(56) 
Restaurant or tea room;
(57) 
Retail store;
(58) 
Scientific or professional instrument sale or repair;
(59) 
Secondhand store;
(60) 
Self-service laundry;
(61) 
Shoe store or shoe repair shop;
(62) 
Storage building for household goods in conjunction with retail sales;
(63) 
Studio-art, music and photography;
(64) 
Telephone or telegraph building;
(65) 
Theater, except drive-in theater;
(66) 
Upholstery shop, but excluding operations in mattress and upholstery refinishing where cyanide or other highly toxic material is used; and
(67) 
Wholesale office or show room with merchandise on the premises limited to small items and samples.
(B) 
Conditional uses permitted. In a 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) 
Planned unit development;
(12) 
Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities;
(13) 
Public utilities including wells, water storage tanks and sanitary sewer pump stations; and
(14) 
Schools: Preschool, primary, elementary, junior or senior high, college.
(C) 
Setback requirements. Except as provided in 157.140, in a 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;
(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.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2217, passed 3-24-2014)

§ 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;
(5) 
Automobile service station;
(6) 
Automobile laundry;
(7) 
Day care home or nursery;
(8) 
Mortuary, undertaking or funeral parlor;
(9) 
Motel;
(10) 
Recreational vehicle park subject to requirements of 157.147;
(11) 
Taxidermy shop; and
(12) 
Tire shop, including tire recapping.
(B) 
Conditional uses permitted. In a 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) 
Community building;
(4) 
Drive-in establishment offering goods or services to customers waiting in parked motor vehicles, except drive-in theater;
(5) 
Government structure or land use including but not limited to a public park, playgrounds, recreational building, fire station, library or museum;
(6) 
Hospital or nursing home;
(7) 
Planned unit development;
(8) 
Preschool, primary, elementary, junior or senior high, college;
(9) 
Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities;
(10) 
Public utilities including wells, water storage tanks and sanitary sewer pump stations; and
(11) 
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 sight-obscuring fence when adjacent to a residential use of property.
(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 2-28-1994; Am. Ord. 2194, passed 11-26-2012; Am. Ord. 2217, passed 3-24-2014)

§ 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.
(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.
(H) 
Design standard. In a DCO Zone the following design standards shall apply:
(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 or two-family 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 or two-family 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;
(4) 
Expansion of multiple-family or commercial development costing in excess of 50% of the assessed value of the improvements on the property;
(5) 
Reconstruction of multiple-family; 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) 
Screening;
(j) 
Lighting;
(k) 
Pedestrian amenities, including location of street furnishings;
(l) 
Building elevations; and
(m) 
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. 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.
(5) 
Where it has been determined that the extension of public facilities is required, all costs related to the extension shall be borne by the developer. In addition, any extension of the facilities shall be continued and extended in a logical fashion to the extent of the development site so as to be readily available for adjacent development.
(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 on-street 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 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 off-street 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.
(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 9-26-2011; Am. Ord. 2322, passed 6-14-2021)

§ 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.
(2) 
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
(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.
(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.
(F) 
Height of buildings. In the NCO zone, no building shall exceed a height of 50 feet.
(Ord. 2245, passed 4-24-2017)