This Title of the Ontario City Code shall be cited as the "Zoning Ordinance of the City of Ontario." This Title shall also be known as "Title 10 of the Ontario Municipal Code of the City of Ontario, Oregon."

In accordance with the provisions of Oregon Revised Statutes Chapters 197 and 227, the ordinances from which these development standards derive, codified as Title 10 of the City Code, set forth certain standards and procedures governing the development and use of land, and the interrelated functional and natural systems and activities relating to the use of land in the City. Furthermore, the purpose of these development standards shall be to promote the general health, safety, and welfare of the public by providing for:

1.

Opportunities for citizens to be involved in all phases of the community planning process;

2.

Guide and regulate the orderly growth, development and redevelopment of Ontario in accordance with a well-considered plan and planning process consisting of long-term objectives, policy statements and standards deemed beneficial to the interest and welfare of the people;

3.

Protect the established character and the social and economic well-being of both public and private property;

4.

Promote, in the public interest, the utilization of land for the purpose for which it is most desirable and best adapted as part of an overall land use plan;

5.

Regulate and limit the height, bulk and location of buildings so as to conserve the attributes of all land and for other objectives including the preservation of solar access, light, air and freedom from adverse congestion;

6.

Establish, regulate and limit the building or setback lines on or along public rights-of-way in the City;

7.

Regulate and limit the density of population and intensity of uses of lot areas so that infrastructure can be designed and constructed to approximate the existing and future demands on it;

8.

Conserve open space, and protect natural and scenic resources;

9.

Maintain and improve the quality of the air, water, and land resources of the community;

10.

Protect life and property from natural disasters and hazards;

11.

Satisfy the recreational needs of the community's citizens and its visitors;

12.

Diversify and improve the economy of the community;

13.

Satisfy the housing needs of the citizens of the community;

14.

Plan and develop a safe, convenient, and economic transportation system;

15.

Conserve energy, and develop renewable energy resources; and

16.

Promote an orderly and efficient transition from rural to urban land-use in areas surrounding the community.

Construction or improvement of streets, highways, bridges, bikeways or walkways and the acquisition of right-of-way for streets, highways, alleys, bikeways, or walkways is regulated by Title 10A, 10B and 10C of these standards. Right-of-way acquisition for approved projects shall be exempt from minor partitioning, yard space and minimum lot area requirements of this Title.

Water mains, sanitary sewer mains and small pumping plants, storm drainage facilities, power distribution lines and small transformers, telephone lines, gas lines and small regulators and cable television lines are allowed principal uses in all zones by virtue of their inclusion in the City's Comprehensive Plan, acceptance of a subdivision or partition plat or other official acceptance of right-of-way or easements, or the granting of a franchise by the City Council. Larger facilities necessary for the functioning of the utilities are subject to the provisions of individual zones, possibly as conditional uses, except that any larger utility facilities noted in the Comprehensive Plan are allowed as principal uses in any zone.

All buildings and structures erected hereafter, all uses of land or buildings occurring hereafter, and all enlargements of, additions to, changes in and relocation of existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zones in which such buildings, structures, uses or land are located. Existing buildings, structures or uses which do not comply with the regulation of this Title shall be allowed to continue subject to provisions of Sections 10A-05-30 through 50 relating to non-conformities, Sections 10A-57-145 through 148, relating to nonconforming signs, or other sections relating to specific non-conformities.

No building or structure; no use of any building, structure or land; and no lot of record or development site, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained, in any manner, except as authorized by the provisions of this Title.

This Title is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulation of this Title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this Title shall govern.

Any variance or conditional use permit lawfully issued prior to the effective date of this Title, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continued valid after such effective date. Any structure or use lawfully authorized by any such variance, conditional use permit or other permit which could not be issued after such effective date shall be allowed to continue subject to the provisions of Sections of this Title dealing with lawfully existing non-conformities.

Any existing structure or use established as of right under any previous regulations and which is listed as a conditional use under this Title shall be a lawful conditional use upon adoption of this Title.

The several provisions of this Title shall be separable in accordance with the following rules:

1.

If any court of competent jurisdiction shall find any provision of this Title to be invalid, such judgment shall not effect any other provisions of this Title.

2.

If any court of competent jurisdiction shall find invalid the application of any provision of this Title to a particular property, building or structure, such judgment shall not effect the application of said provision to any other property, building or structure.

The Planning Official and the Ontario City Chief of Police have the power and duty to enforce the provisions of this Title; the City Manager may appoint additional employees who shall have the power and duty to enforce the provisions of this Title.

Whenever they shall have cause to suspect a violation of any provision of this Title, or when necessary to investigate an application for or revocation of any zoning approval under any of the procedures described in this Title, officials responsible for enforcement or administration of this Title or the duly authorized representative, may enter into any site or into any structure for the purpose of investigation, provided they do so in a reasonable manner. No secured building shall be entered without the consent of the owner or occupant unless a warrant authorizing entry and inspection for a zoning violation is first obtained from the Court. A warrant shall not be issued unless good and sufficient grounds based on reliable evidence is shown by the officials responsible for enforcement and administration of this Title. A secured building means a building having doors and windows capable of locking, fully enclosed, and occupied. No owner or occupant or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit such entry.

It shall be the duty of the designated City official to enforce the provisions of this Title pertaining to land use and the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment use, height, area, and maintenance of buildings or structures. The enactment of this Title shall not invalidate any prior, existing, or future prosecutions for violation of the zoning regulations committed under previous applicable City ordinance then in effect.

The City Attorney, upon request of the City Manager, shall institute any necessary legal proceedings to enforce the provisions of these standards.

1.

A uniform complaint, or citation to appear, may be issued to the owner or occupier of property being used in violation of this Title, requiring said owner or occupier to appear in court regarding a violation of zoning ordinance;

2.

A trial shall be heard before the Court without a jury. The standard of proof required shall be by a preponderance of the evidence;

3.

A person convicted of violating a provision of this Title shall, upon conviction, be punished by a fine of not more than $500.00 for each day that the violation continues;

4.

A violation of this Title shall be considered a separate offense for each day the violation continues;

5.

In the event the owner or occupier fails to pay any fine imposed upon conviction of a violation, the court may issue a show cause order to the individual so charged and require his presence in court to set forth the reasons for said failure to pay. If good and sufficient reasons do not exist, the Court may request the City Council to adopt an ordinance making the amount a lien against the property.

In case a building or other structure is, or is proposed to become, a located, constructed, maintained, repaired, altered, or used, or land is or proposed to be, used in violation of this Title, the building or land thus in violation shall constitute a nuisance, and the City may, as an alternative to other remedies that are legally available for enforcing this Title, institute an injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use.

In the event the City establishes a violation of this Title in such action, the City shall be entitled to recover its attorney fees and other expenses incurred in addition to costs and disbursements allowed by statute both at trial and appeal.

It is the intent of these standards that the remedies provided for be cumulative and not mutually exclusive.

The Director of Public Works or any official under his control, and the Planning Official, may choose to not issue a permit, service order, or provide utility service to any use or structure found by the Enforcement Official to be in violation of this Title; existing service may be discontinued upon due process. Agreements may be negotiated to supply service pending correction of deficiencies within a reasonable time.

A certificate of occupancy issued by the Building Inspector shall imply a certificate of zoning compliance. An application for a building permit shall imply an application for a certificate of zoning compliance.

A Certificate of Occupancy (C of O) is required for any new or redeveloped or remodeled structure that is intended to be utilized as habitable space, commercial space, or industrial space. No such structure may be utilized until a C of O is obtained. A C of O must be signed by the Public Works Official, Planning Official and Building Official to be issued. It is a violation of this Section for a property owner to allow use or occupation of that space noted above without a C of O.

In their interpretation and application, the provisions of this Title shall be the minimum requirements for the promotion of the public health, safety and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Title in general and its various chapters in particular. Wherever the provisions of this Title require a greater width or size of yards, other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or administrative regulation or local ordinance or regulation, the provisions of this Title shall govern. Wherever the provisions of any other statute, administrative regulation, local ordinance or regulation require a greater width or size of yards or other open spaces, require a lower height of building or a less number of stories, or require a greater percentage of lot left unoccupied, or impose other higher standards than are required by this Title, the provisions of such statute or administrative regulation or local ordinance or regulation shall govern. If another chapter or section of the City Code covers the same subject matter as a chapter or section of this Title, then the provision with the latest enactment date shall govern.

The provision of this Title are developed with the intention that they be and they are, as nearly as feasible, consistent with the adopted Comprehensive Plan and policy statements of the City of Ontario, and implement the Policies contained therein. Said plan and statements and amendments thereto, shall be a guide to the applicable City officials in determining the appropriateness of any proposed amendments of this Title. In any case in which a question is raised of the compatibility of a proposed amendment to this Title with the Comprehensive Plan and policy statements, the Planning Official shall prepare advisory written findings in support of a recommendation of compatibility or incompatibility.

It is recognized that in the development of a comprehensive zoning and land development ordinance:

1.

Not all uses of land can be listed, nor can all future uses be anticipated; or

2.

A "use" may have been inadvertently omitted from the list of those specified as permitted or conditional in each of the various zoning districts designated; or

3.

Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of these standards.

Therefore, the phrase "plus such other uses deemed to be similar, and not more obnoxious or detrimental to the public health, safety and welfare" shall be unmentioned, but included in the respective lists of "Permitted Uses" and "Conditional Uses" in each district. In the regulations for some zones, specific excluded uses are enumerated for clarification of intent, but such lists of excluded uses are not to be interpreted as including all excluded uses. Wherever a use is listed specifically in one zone, and not in another, the use is not allowed where not listed. Should a conflict over the classification of a proposed use arise, an interpretation by the City Council shall be requested. Newly classified uses shall be subject to all other substantive requirements of these standards.

In the interpretation of this Title, the provisions of this Subsection shall be observed and applied, except when the context clearly requires otherwise.

1.

Words used or defined in one tense or form shall include other tenses and derivative forms.

2.

Words in the singular number shall include the plural number, and words in the plural number shall include the singular.

3.

The masculine gender shall include the feminine and the feminine gender shall include the masculine.

4.

The word "shall" is mandatory.

5.

The word "may" is permissive.

6.

The word "person" includes individuals, firms, corporations, associations and other entities.

7.

The word "County" means the County of Malheur, Oregon.

8.

In case of any difference in meaning or implication between the text of this Title and any caption or illustration, the text shall control.