Hermiston City Zoning Code
ARTICLE V
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:
(1)
Cabinet, carpenter or woodworking shop;
(2)
Compounding, packaging or storage of cosmetics, drugs, perfumes, pharmaceuticals, soap or toiletries, but not including processes involving refining or rendering of fats and oils;
(3)
Dwelling for caretaker or night watchman on the property;
(4)
Freight depot;
(5)
Ice or cold storage plant;
(6)
Kennel;
(7)
Laboratory for research or testing, but not including the testing of combustion engines;
(8)
Laundry, dry cleaning or dyeing establishment;
(9)
Lumber yard, building supply outlet;
(10)
Machinery or equipment sales, services or storage;
(11)
Manufacture, repair or storage of articles from the following previously prepared materials: bone, cellophane, cloth, cork, feathers, felts, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious stone or metal, shell, textiles, wax, wire or yarn;
(12)
Manufacture, repair or storage of ceramic products, musical instruments, novelties, rubber or metal stamps, toys, optical goods, engineering, scientific or precision instrument, medical or dental supplies or equipment, electronic supplies or equipment, industrial or business machines, aircraft parts and equipment, luggage, photographic equipment or small pleasure boats;
(13)
Mini-storage;
(14)
Motor vehicle body shop, tire shop or similar repair service;
(15)
Plumbing, heating, electrical or paint contractor’s sales, repairs or storage;
(16)
Private utilities including electric power substations, telephone exchanges, television, radio or microwave transmission facilities;
(17)
Processing, packaging or storage of food or beverages, but not including processes involving distillation, fermentation, slaughtering or rendering of fats and oils;
(18)
Public utilities including wells, water storage tanks and sanitary sewer pump stations;
(19)
Railroad tracks and related facilities;
(20)
Utility lines, station or substation;
(21)
Veterinary care facility;
(22)
Welding, sheet metal or machine shop;
(23)
Wholesale distribution or outlet, including trucking, warehousing and storage.
(B)
Conditional uses permitted. In a 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;
(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 one-half 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.
(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.
(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 battery-operated 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.
(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 2-28-1994; Am. Ord. 2301, passed 7-27-2020; Am. Ord. 2308, passed 9-14-2020)
§ 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:
(1)
A use permitted outright in a M-1 zone; and
(2)
Manufacturing, repairing, compounding, fabricating, processing, packing or storage of a use not listed in § 157.055.
(B)
Conditional uses permitted. In a 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.
(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 2-28-1994; Am. Ord. 2301, passed 7-27-2020; Am. Ord. 2308, passed 9-14-2020)
§ 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;
(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)
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 3-26-2012)
§ 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.
(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.
(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 9-8-2025)
