To provide land use and development standards to lands within the City of Ontario's Urban Growth Area designated for residential use as shown on the Comprehensive Plan and Zoning Maps. These regulations shall apply to all UGA-R lands until annexation occurs.

The definitions contained in Section 10A-03 apply to all zones in the Urban Growth Area.

The following principle uses and their accessory uses are permitted outright in the UGA-R Zone:

1.

Farm use as defined in ORS 215.203 (2) (a) and further described by (b) and (c).

2.

Single-family dwelling; including a manufactured or mobile home subject to the regulations contained in Section 10A-21.

3.

Home occupation.

1.

The following uses and their accessory uses are permitted conditionally in the UGA-R Zone in areas not within the Flood Hazard Overlay (FHO) Zone:

a)

Church.

b)

Duplex.

c)

Public facility.

d)

School.

2.

The following uses and their accessory uses are permitted conditionally in the UGA-R Zone in areas within the Flood Hazard Overlay (FHO) Zone subject to Section 10A-47 of the OMC:

a)

Duplex.

b)

Public facility.

The following site standards shall apply to all uses and developments in the UGA-R Zone:

1.

Maximum height: The lesser of three stories or 38 feet.

2.

Minimum lot size shall be five acres with the following exception:

a)

Lots and parcels, or a combination of the same under one ownership, legally existing as of the effective date of this provision that are less than five acres in size may be utilized for any use allowed in the zone; in no case shall a lot or parcel, or combination of the same under one ownership, be less than the size needed to provide for the use, all required yards and setbacks, off-street parking and loading areas, and for on-site sewage and water facilities.

3.

Yard space requirements:

Front yard: 15 feet.

Rear yard: 5 feet.

Side yard: 10 feet.

Maximum lot coverage: 40 percent.

4.

No detached or accessory structures shall exist in the front yard area.

10A-52-25 The provisions of Sections 10A-01, 10A-05-25 through 10A-05-70, 10A-53, 10A-55, 10A-57, 10B-25 through 10B-56 and 10C shall all apply to the UGA-R Zone, except where specific standards are set forth herein; and, all provisions are subject to Title 10-14-06, Urban Growth Area Joint Management Agreement.

10A-52-30 In addition to the information required by the above section, any proposal for land division must meet the following requirements; sufficient information must be submitted with the application to address these requirements in order for an application to be deemed complete;

1.

Parcel size and configuration must conform to future urban development of the area and must not impede or significantly impair future development, or redevelopment of any new parcels, or of adjacent properties,

2.

The proposed development shall be compatible with the City's projected facilities extension; water, sewer, and other utilities; into the affected area. The proposed development shall not impede or significantly impair the future provision of sewer service to the area considering development to urban residential density. The applicant shall provide specifications for streets, water service, sewer service, and other utilities as required by the Planning Official, sufficient to demonstrate that improvements meet City requirements to be accepted by the City pursuant to the provisions of the UGA Joint Management Agreement.

3.

All needed right-of-way for streets or any other easements such as utilities, etc. shall be dedicated to the City.

4.

Provision of water and sewer to any new parcels is at the discretion of the City; if provided, higher rates will be charged according to current Code at the time of the development. Provision of services requires the applicant enter into any contracts specified by the City, including but not limited to those specified in Section 8-9 and 8-11 of the Ontario Municipal Code (OMC), and that all system development charges and service connection fees be paid by the applicant.

5.

The applicant shall enter into an agreement with the City which covenants each new parcel created to agree not to remonstrate against any future annexation into the City, formation of local improvement districts, or any other municipal project that includes any new parcel. This agreement shall also specify that all approved on-site subsurface sewage disposal systems, if any, existing on any of the new parcels, shall be abandoned and decommissioned according to the appropriate authority at the time of annexation, or, when City sewer facilities are made "available" as defined by State law at the time of such occurrence. This agreement shall be a covenant to each new parcel; shall be binding upon the applicant, heirs, successors and assigns; and, shall be recorded in the deed records of the Malheur County Clerk.

10A-52-35 Nothing specified in this Section shall be so construed as to obligate the City of Ontario to provide water or sewer service to any property in the Urban Growth area, either contiguous or non-contiguous, prior to annexation.

To provide land use and development standards to lands within the City of Ontario's Urban Growth Area designated for commercial use as shown on the Comprehensive Plan and Zoning Maps. These regulations shall apply to all UGA-C lands until annexation occurs.

The definitions contained in Section 10A-03 apply to all zones in the Urban Growth Area.

The following principle uses and their accessory uses are permitted outright in the UGA-C Zone in areas not within the Flood Hazard Overlay (FHO) Zone:

1.

Automobile service establishment.

2.

Banks and other financial institutions.

3.

Home occupation.

4.

Barber and beauty shops.

5.

Consumer service establishment.

6.

Business goods and services establishment.

7.

Eating and drinking establishments.

8.

Grocery stores, not including superstores.

9.

Florists.

10.

Hotels and motels.

11.

Medical, dental and veterinary clinics.

12.

Service stations.

13.

Public facilities.

14.

Other sales and services not specifically cited, but of a similar character and impact to those cited.

The following uses and their accessory uses are permitted conditionally in the UGA-C Zone in areas not within the Flood Hazard Overlay (FHO) Zone:

1.

Mortuaries.

2.

Schools.

3.

Wholesale distribution or storage.

4.

Mini-warehouses and storage.

5.

Multiple-family dwellings in a single structure containing ten or more dwelling units.

6.

Other commercial uses and developments not specifically cited in this Subsection but found by the Commission to be of a similar character and impact to those cited above.

1.

Any structure intended for use as a dwelling that contains fewer than ten dwelling units; townhouses, etc.

2.

Any structure, or combination of structures including but not limited to, "big-box", shopping center/strip mall/office complex, planned development, etc., over 10,000 square feet in total building area.

The following site standards shall apply to all uses and developments in the UGA-C Zone:

1.

Maximum height: The lesser of four stories or 50 feet.

2.

Minimum lot size shall be two acres with the following exception:

a)

Lots and parcels, or a combination of the same under one ownership, legally existing as of the effective date of this provision that are less than two acres in size may be utilized for any use allowed in the zone; in no case shall a lot or parcel, or combination of the same under one ownership, be less than the size needed to provide for the use, all required yards and setbacks, off-street parking and loading areas, and for on-site sewage and water facilities.

3.

Yard space requirements:

Front yard: 15 feet.

Rear yard: 5 feet.

Side yard: 10 feet.

Maximum lot coverage: not to exceed 40 percent of the total lot area.

4.

No detached or accessory structures shall exist in the front yard area.

10A-52-75 The provisions of Sections 10A-01, 10A-05-25 through 10A-05-70, 10A-53, 10A-55, 10A-57, 10B-25 through 10B-56 and 10C shall all apply to the UGA-C Zone, except where specific standards are set forth herein; and, all provisions are subject to Title 10-14-06, Urban Growth Area Joint Management Agreement.

10A-52-80 In addition to the information required by the above section, any proposal for land division must meet the following requirements; sufficient information must be submitted with the application to address these requirements in order for an application to be deemed complete:

1.

Parcel size and configuration must conform to future urban development of the area and must not impede or significantly impair future development, or redevelopment of any new parcels, or of adjacent properties,

2.

The proposed development shall be compatible with the City's projected facilities extension; water, sewer, and other utilities; into the affected area. The proposed development shall not impede or significantly impair the future provision of sewer service to the area considering development to urban residential density. The applicant shall provide specifications for streets, water service, sewer service, and other utilities as required by the Planning Official, sufficient to demonstrate that improvements meet City requirements to be accepted by the City pursuant to the provisions of the UGA Joint Management Agreement.

3.

All needed right-of-way for streets or any other easements such as utilities, etc. shall be dedicated to the City.

4.

Provision of water and sewer to any new parcels is at the discretion of the City; if provided, higher rates will be charged according to current Code at the time of the development. Provision of services requires the applicant enter into any contracts specified by the City, including but not limited to those specified in Section 8-9 and 8-11 of the Ontario Municipal Code (OMC), and that all system development charges and service connection fees be paid by the applicant.

5.

The applicant shall enter into an agreement with the City which covenants each new parcel created to agree not to remonstrate against any future annexation into the City, formation of local improvement districts, or any other municipal project that includes any new parcel. This agreement shall also specify that all approved on-site subsurface sewage disposal systems, if any, existing on any of the new parcels, shall be abandoned and decommissioned according to the appropriate authority at the time of annexation, or, when City sewer facilities are made "available" as defined by State law at the time of such occurrence. This agreement shall be a covenant to each new parcel; shall be binding upon the applicant, heirs, successors and assigns; and, shall be recorded in the deed records of the Malheur County Clerk.

10A-52-85 Nothing specified in this Section shall be so construed as to obligate the City of Ontario to provide water or sewer service to any property in the Urban Growth area, either contiguous or non-contiguous, prior to annexation.

To provide land use and development standards to lands within the City of Ontario's Urban Growth Area designated for light industrial use as shown on the Comprehensive Plan and Zoning Maps. These regulations shall apply to all UGA I-1 lands until annexation occurs.

The definitions contained in Section 10A-03 apply to all zones in the Urban Growth Area.

The following principle uses and their accessory uses are permitted outright in the UGA I-1 Zone:

1.

Any industrial use that conforms to the performance standards set forth for this zone, provided that any such use is not listed as a conditional or an as expressly prohibited use;

2.

Processing of carcasses and organ meat into products for human consumption;

3.

Horticulture or the growing of field crops or hay;

4.

Truck terminals;

5.

Warehousing and distribution, including mini-warehousing/storage;

6.

[Reserved.]

7.

Small tool and equipment rental;

8.

Trade and vocational schools without on-site living quarters;

9.

Food processing;

10.

Farm store, farm equipment dealer;

11.

Truck, farm machinery, heavy equipment sales and service, including rental;

12.

Recreational vehicle sales and service;

13.

Manufactured home sales and service;

14.

Truck stops including sleeping accommodations for transient truckers, but not motels;

15.

Contractor's offices with or without accessory storage;

16.

Lumberyards and building supply establishments with associated retail display and sales space;

17.

Printing and publishing;

18.

Public parks and open space, public facilities;

19.

Facilities necessary for the functioning of a utility, except salvage yards and similar facilities which do not meet the performance standards of this Chapter;

20.

Administrative offices appurtenant to a permitted use;

21.

One dwelling unit, which may be a manufactured home, for a caretaker or watchman when located on the same site as a principal permitted or conditional use;

22.

Petroleum bulk plant with no more than 150,000 gallons of above ground storage and with no more than 25,000 gallons in one above ground tank;

23.

Rental of large tools or construction equipment, trucks or trailers or other equipment requiring outdoor storage;

24.

Automotive vehicle dismantling as defined herein;

25.

Kennel;

26.

Veterinarian.

The following uses and their accessory uses are permitted conditionally in the UGA I-1 Zone upon application of the standards in Chapter 10B-25 for all conditional uses, and the following additional standards:

The proposed use will primarily serve those who work or do business with industries in the industrial zones; and there is a need for such use to provide service or goods to those who work in or do business with industries in the industrial zones; and the proposed location and size of the proposed commercial use will not substantially interfere with the development of the industrial zones for industrial uses.

1.

Automatic or self service care or truck washes;

2.

Gasoline service stations;

3.

Retail food stores not to exceed 2,000 square feet of gross floor area;

4.

Bars, taverns, cocktail lounges, restaurants or combinations thereof not to exceed 3,000 square feet gross floor area;

5.

Motel catering to general travelers when located on a developed truck stop;

6.

Radio or television towers and related facilities, subject to a structure height variance approval;

7.

Outdoor advertising signs providing such sign is compatible with surrounding existing or planned land uses. Such a sign may not be compatible with an industrial park.

8.

Outside storage of materials, equipment or supplies, if the Commission finds that the impact on contiguous property is minimal, or can be minimized by mitigation measures.

1.

Churches, temples and other places of worship;

2.

Dwellings, manufactured home and recreation vehicle parks, except watchman's quarters as provided herein;

3.

Motels and hotels except as permitted above under conditional uses;

4.

Hospitals, rest homes, and other resident or non-resident human health care facilities except emergency facilities and child care facilities for employees of a principal permitted or conditional use and located on the same premises of such use;

5.

Schools and colleges, except technical schools;

6.

Any use specifically enumerated as permitted exclusively in the UGA-I2 Zone;

7.

Commercial and residential uses not specifically authorized;

8.

Funeral homes;

9.

Junk yards;

10.

Manufactured home or mobile home parks or subdivisions, recreation vehicle parks;

11.

Private clubs and clubhouses as defined herein;

12.

Mining and quarrying.

Each structure or use permitted of right or conditionally in the UGA I-1 Zone shall meet the following performance standards:

1.

Physical appearance. With the exception of gasoline pumps, all operations other than pickups and deliveries shall be carried on within an enclosed building, provided that new materials or equipment in operable condition may be stored in the open, and normal daily wastes may be stored in containers not in the building when such containers are not readily visible from a public street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles, farm machinery, trailers, manufactured homes or similar equipment in operable condition when in association with a permitted use.

2.

Fire hazard. No operation shall be established which fails to meet the fire code which is adopted into the Ontario City Code and any applicable State or Federal codes. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with applicable codes.

3.

Noise. No operation shall be carried on which creates noise in excess of the normal traffic noise of the adjacent street at the time of daily peak hour traffic volume. Noise volume generated by the use shall be measured at any property line. The comparable traffic noise shall be measured at the property line adjacent to the street by scientific instruments. All noises shall be muffled so as not to objectionable due to intermittence, beat frequency or shrillness.

4.

Sewage and liquid waste. All operations shall comply with Title 8, Ontario City Code and any applicable regulations of State or Federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.

5.

Smoke, particulate matter and gasses. No use shall be established which fails to meet the air quality regulations of the Oregon Department of Environmental Quality pertaining to emissions of smoke, particulate matter, fugitive dust, gasses and other air contaminants. A permit for the above shall be considered satisfaction of this standard.

6.

Odor. The generation of obnoxious odors by any use is prohibited. Observations shall be made at the property line of the establishment generating the odors. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes, are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious.

7.

Vibrations. All machines shall be mounted so as to minimize vibration and in no case shall such vibration be perceptible, without the use of instruments, at the property line. The use of steam or broad hammers are not permitted in this zone.

8.

Glare and heat. All glare and heat producing operations, such as welding arcs and open furnaces, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit.

9.

Dust. All surfaces used in the operation of the use shall be maintained such as to prohibit the generation of dust that is visible from over 50 yards. This can be done through paving, hard surfacing, use of dust control chemicals, or by frequent watering. Dust generation on a repeated basis that is documented shall be treated as a violation and can be assessed fines.

10.

Interpretation. Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes or specified, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments.

The following site standards shall apply to all uses and developments in the UGA I-1 Zone:

1.

Maximum height: The lesser of three stories or 38 feet.

2.

Minimum lot size shall be two acres with the following exception:

a)

Lots and parcels, or a combination of the same under one ownership, legally existing as of the effective date of this provision that are less than two acres in size may be utilized for any use allowed in the zone; in no case shall a lot or parcel, or combination of the same under one ownership, be less than the size needed to provide for the use, all required yards and setbacks, off-street parking and loading areas, and for on-site sewage and water facilities.

3.

Yard space requirements:

Front yard: 15 feet.

Rear yard: 15 feet.

Side yard: 15 feet.

Maximum lot coverage: not to exceed 90 percent of the total lot area.

4.

No detached or accessory structures shall exist in the front yard area.

The provisions of Sections 10A-01, 10A-05-25 through 10A-05-70, 10A-53, 10A-55, 10A-57, 10B-25 through 10B-56 and 10C shall all apply to the UGA I-1 Zone, except where specific standards are set forth herein; and, all provisions are subject to Title 10-14-06, Urban Growth Area Joint Management Agreement.

In addition to the information required by the above section, any proposal for land division must meet the following requirements; sufficient information must be submitted with the application to address these requirements in order for an application to be deemed complete:

1.

Parcel size and configuration must conform to future urban development of the area and must not impede or significantly impair future development, or redevelopment of any new parcels, or of adjacent properties,

2.

The proposed development shall be compatible with the City's projected facilities extension; water, sewer, and other utilities; into the affected area. The proposed development shall not impede or significantly impair the future provision of sewer service to the area considering development to urban residential density. The applicant shall provide specifications for streets, water service, sewer service, and other utilities as required by the Planning Official, sufficient to demonstrate that improvements meet City requirements to be accepted by the City pursuant to the provisions of the UGA Joint Management Agreement.

3.

All needed right-of-way for streets or any other easements such as utilities, etc. shall be dedicated to the City.

4.

Provision of water and sewer to any new parcels is at the discretion of the City; if provided, higher rates will be charged according to current Code at the time of the development. Provision of services requires the applicant enter into any contracts specified by the City, including but not limited to those specified in Section 8-9 and 8-11 of the Ontario Municipal Code (OMC), and that all system development charges and service connection fees be paid by the applicant.

5.

The applicant shall enter into an agreement with the City which covenants each new parcel created to agree not to remonstrate against any future annexation into the City, formation of local improvement districts, or any other municipal project that includes any new parcel. This agreement shall also specify that all approved on-site subsurface sewage disposal systems, if any, existing on any of the new parcels, shall be abandoned and decommissioned according to the appropriate authority at the time of annexation, or, when City sewer facilities are made "available" as defined by State law at the time of such occurrence. This agreement shall be a covenant to each new parcel; shall be binding upon the applicant, heirs, successors and assigns; and, shall be recorded in the deed records of the Malheur County Clerk.

6.

Nothing specified in this Section shall be so construed as to obligate the City of Ontario to provide water or sewer service to any property in the Urban Growth Area, either contiguous or non-contiguous, prior to annexation.

To provide land use and development standards to lands within the City of Ontario's Urban Growth Area designated for heavy industrial use as shown on the Comprehensive Plan and Zoning Maps. These regulations shall apply to all UGA I-2 lands until annexation occurs.

The definitions contained in Section 10A-03 apply to all zones in the Urban Growth Area.

The following principle uses and their accessory uses are permitted outright in the UGA I-2 Zone:

1.

All manufacturing, industrial, warehousing, transportation, and food processing uses conforming to the performance standards set forth for this zone.

2.

Agriculture, including the grazing of livestock on sustained pasture, but not including confined feed lots.

3.

Trade and vocational schools without on site living quarters.

4.

Truck stops including sleeping accommodations for truckers.

5.

Wholesale establishments with or without stock.

6.

Lumberyards, and building supply establishment with associated retail display and sales spaces.

7.

Welding shop, including fabrication and repair, wherein the primary activity is equipment repair or light fabrication.

8.

Storage above ground of flammable or noxious chemicals, fuels or gases of less than 5,000,000 cubic feet on a development site of over one acre.

9.

Utility facility.

10.

Rental of large tools or construction equipment, trucks or trailers or other equipment requiring outdoor storage.

11.

Administrative offices appurtenant to a permitted use.

12.

One dwelling unit, which may be a manufactured home, for a caretaker or watchman when located on the same site as a principal permitted or conditional use.

13.

Kennel.

14.

Outdoor advertising signs.

15.

Automotive repair.

16.

Automotive vehicle dismantling as defined herein.

17.

Major automotive repair.

18.

Veterinarian.

The conditional commercial uses listed below may be permitted in the UGA I-2 Zone upon application of the standards for all conditional uses and the following additional standards:

The proposed use will primarily serve those who work in or do business with industries in the industrial zones, and there is a need for such use to provide service or goods to those who work in or do business with industries in the industrial zones, and the proposed location and size of the proposed commercial use will not substantially interfere with the development of the industrial zones for industrial uses.

1.

Automatic or self service care or truck washes.

2.

Gasoline service stations.

3.

Retail food stores not to exceed 2,000 square feet of gross floor area.

4.

Bars, taverns, cocktail lounges, restaurants or combinations thereof not to exceed 3,000 square feet gross floor area.

5.

Job printing and duplication.

6.

Communications towers and related facilities, subject to a structure height limitations in the AH, Airport Hazard Overlay Zone.

7.

Automobile service establishments as defined herein.

The conditional industrial uses listed below may be permitted in the I-2 upon application of the standards for all conditional uses and the following standards:

The performance standards of the I-2 Zone shall be met. No industrial operation will be conducted within 100 feet of residentially zoned land. The proposed site is so located and of sufficient size that operations on the site will not interfere with adjacent or nearby properties zoned for commercial or residential use due to offensive odors, noise or visual qualities:

1.

Animal slaughtering, stockyards or holding pens.

2.

Rendering of dead animals or slaughter by-products.

3.

Waste water treatment plants.

4.

Power plants, solid waste energy recovery plant, solid waste transfer stations, solid waste recycling plants.

5.

Manufacture of industrial inorganic and organic chemicals, including alkaloids and chlorines, industrial and medical gases, fertilizers, agricultural chemicals and pesticides, poisons.

6.

Manufacture of plastics, synthetic resins, non-vulcanized elastomers, synthetic rubber, man made fibers, adhesives, explosives, pyrotechnics.

7.

Processing of asphalt paving mixtures, ready-mix Portland cement concrete.

8.

Manufacture of tires and tubes, rubber reclaiming.

9.

Leather tanning.

10.

Manufacture of primary ferrous and nonferrous metals, foundries, secondary smelting, junk-yards and secondary metal salvage and processing, auto salvage yards.

11.

Heavy-duty fabricated steel plate work, metal stamping, forging.

12.

Storage above ground of flammable or noxious chemicals, fuels or gases in excess of five million cubic feet on any one development site of less than one acre or two million cubic feet in one tank.

13.

Processing or manufacturing activities conducted in the open which are impractical, because of size, to be carried on in an enclosed building.

14.

The incineration of wastes or toxic chemicals, except that solid wastes incidental to an operation may be incinerated under State of Oregon standards.

15.

Mining and quarrying.

The following uses are listed here as expressly prohibited so as to facilitate interpretation of the list of principal permitted uses:

1.

Churches, temples and other places of worship.

2.

Dwellings, manufactured home and recreation vehicle parks, except watchman's quarters as provided herein.

3.

Motels and hotels.

4.

Hospitals, rest homes, and other resident or non-resident human health care facilities except emergency facilities and child care facilities for employees of a principal permitted or conditional use and located on the same premises of such use.

5.

Schools and colleges, except technical schools.

6.

Commercial and residential uses not specifically authorized.

7.

Mortuaries.

8.

Asbestos products manufacture.

9.

Private clubs and clubhouses as defined herein.

Each structure or use permitted as of right or conditionally in the UGA I-2 Zone shall meet the following performance standards:

1.

Conduct of use. No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare. Possession of permits from the appropriate State agency shall be considered satisfaction of this criterion.

2.

Enclosure. All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by the conditional use section of this Chapter.

3.

Outdoor storage. Junk, salvage, auto wrecking and similar operations shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet above grade within any abutting residential or commercial zone. However, this Section shall not be deemed to require more than an opaque fence or screen not more than ten feet in height and not longer than the full perimeter of the subject development site, and further provided such screening may be reduced in height so as to avoid shading a solar collector on adjoining property when so requested by the adjoining property owner or a government official. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.

4.

Loading. Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.

5.

Fire hazard. No operation shall be established which fails to meet the fire code which is adopted into the Ontario City Code and any applicable State or Federal codes.

6.

Noise. Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet any State standards.

7.

Sewage and liquid waste. All operations shall comply with Title 8, Ontario City Code and any applicable regulations of State or Federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.

8.

Odor. The emission of odors that are obnoxious is restricted. Observations shall be made at the property line of the establishment generating the odors by persons designated by the Planning Official; if found objectionable, the operator of the facility must prove that the best available technology has been installed and is working properly, and best management practices are being followed, to control odors from the operation. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes, can be objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors the open-air cooling of products with aromatic emissions shall be avoided. Floors, machinery storage containers and other surfaces shall be clean of material which is potentially odor causing.

9.

Vibrations. All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with heavy industrial operations on nearby premises, or be deemed significant by the best scientific measurements, on nearby residential or commercial property.

10.

Glare and heat. All glare and heat producing operations, such as welding arcs and open furnaces, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit.

11.

Interpretation. Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where specified or when referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments.

The following site standards shall apply to all uses and developments in the UGA I-2 Zone:

1.

Maximum height: None

2.

Minimum lot size shall be two acres with the following exception:

a)

Lots and parcels, or a combination of the same under one ownership, legally existing as of the effective date of this provision that are less than two acres in size may be utilized for any use allowed in the zone; in no case shall a lot or parcel, or combination of the same under one ownership, be less than the size needed to provide for the use, all required yards and setbacks, off-street parking and loading areas, and for on-site sewage and water facilities.

3.

Yard space requirements:

Front yard: 15 feet.

Rear yard: 15 feet.

Side yard: 15 feet.

Maximum lot coverage: not to exceed 90 percent of the total lot area.

4.

No detached or accessory structures shall exist in the front yard area.

10A-52-175 The provisions of Sections 10A-01, 10A-05-25 through 10A-05-70, 10A-53, 10A-55, 10A-57, 10B-25 through 10B-56 and 10C shall all apply to the UGA I-2 Zone, except where specific standards are set forth herein; and, all provisions are subject to Title 10-14-06, Urban Growth Area Joint Management Agreement.

10A-52-180 In addition to the information required by the above section, any proposal for land division must meet the following requirements; sufficient information must be submitted with the application to address these requirements in order for an application to be deemed complete:

1.

Parcel size and configuration must conform to future urban development of the area and must not impede or significantly impair future development, or redevelopment of any new parcels, or of adjacent properties,

2.

The proposed development shall be compatible with the City's projected facilities extension; water, sewer, and other utilities into the affected area. The proposed development shall not impede or significantly impair the future provision of sewer service to the area considering development to urban residential density. The applicant shall provide specifications for streets, water service, sewer service, and other utilities as required by the Planning Official, sufficient to demonstrate that improvements meet City requirements to be accepted by the City pursuant to the provisions of the UGA Joint Management Agreement.

3.

All needed right-of-way for streets or any other easements such as utilities, etc. shall be dedicated to the City.

4.

Provision of water and sewer to any new parcels is at the discretion of the City; if provided, higher rates will be charged according to current Code at the time of the development. Provision of services requires the applicant enter into any contracts specified by the City, including but not limited to those specified in Section 8-9 and 8-11 of the Ontario Municipal Code (OMC), and that all system development charges and service connection fees be paid by the applicant.

5.

The applicant shall enter into an agreement with the City which covenants each new parcel created to agree not to remonstrate against any future annexation into the City, formation of local improvement districts, or any other municipal project that includes any new parcel. This agreement shall also specify that all approved on-site subsurface sewage disposal systems, if any, existing on any of the new parcels, shall be abandoned and decommissioned according to the appropriate authority at the time of annexation, or, when City sewer facilities are made "available" as defined by State law at the time of such occurrence. This agreement shall be a covenant to each new parcel; shall be binding upon the applicant, heirs, successors and assigns; and, shall be recorded in the deed records of the Malheur County Clerk.

10A-52-185 Nothing specified in this Section shall be so construed as to obligate the City of Ontario to provide water or sewer service to any property in the Urban Growth Area, either contiguous or non-contiguous, prior to annexation.

The purpose of the UGA E-2 district is to encourage the development of small to medium tracts of land in a manner that promotes the City of Ontario as a regional retail and employment center. The UGA E-2 Zone allows for uses that will not jeopardize the ability of the State and local transportation system to safely and effectively move freight and travelers through, to and from the City. Light industrial and manufacturing uses permitted in this district must not adversely affect adjacent businesses or residential areas, being by nature substantially clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare, and whose few potentially objectionable features will be eliminated by design, complete enclosure or other appropriate measures. This mixed-use "hybrid zone," incorporating both heavy commercial and light industrial uses, is appropriate along major highways (interstate) and their interchanges.

The following principal commercial uses and their accessory uses are permitted outright in the UGA E-2 Zone:

1.

Shopping centers.

2.

Retail business.

3.

Hotel/motels.

4.

Automotive service stations.

5.

Gasoline service/service stations.

6.

Wholesale stores (less than 3,000 square feet storage).

7.

Truck stops with motel (truck terminals).

8.

Professional and administrative offices, not on ground floor, unless integral to a principal permitted use or office building of three or more stories.

9.

Health professional office/clinic (not on ground floor).

10.

Contractor or building material businesses.

11.

Horticulture/nurseries.

12.

Restaurants and fast food restaurants.

13.

Grocery stores.

14.

Small truck/trailer rental.

15.

Farm and garden store.

The following principal light industrial uses and their accessory uses are permitted outright in the UGA E-2 Zone:

1.

Design, prototyping, manufacture, assembly, testing and repair of electronic and/or precision components of devices, such as, but not limited to: coils, transistors, capacitors, and similar components; communication, navigation, transmission, control and guidance equipment and systems; data processing equipment and systems; metering instruments and equipment; audio/video equipment and systems; radar and sonar equipment and systems;

2.

Design, prototyping, manufacture, assembly, testing and repair of optical, medical, dental, drafting, time, musical and photographic equipment except film;

3.

Design, prototyping, manufacture, assembly, testing and repair of testing equipment;

4.

Research, development, or experimental laboratories/facilities;

5.

Printing, publishing, engraving, lithographing, blueprinting and photocopying, film processing;

6.

Studio or office for industrial designing, drafting, model making, engineering, architecture, sculpture, or painting;

7.

Design, prototyping, manufacture, assembly and repair of items requiring minimal processing, such as art and craft items, jewelry, fishing tackle, pre-cast concrete items such as furniture and catch basins, items formed from sheet metal such as siding and gutters (but manufacture of sheet metal is not allowed);

8.

Custom manufacture or remanufacture of specialty or antique vehicles, aircraft, firearms, boats, hunting gear, boots, saddles and tack, or similar items;

9.

Human and veterinary pharmaceutical manufacture and warehousing;

10.

Call center;

11.

Computer programming/software manufacture.

The following uses and their accessory uses are permitted conditionally in the UGA E-2 Zone:

1.

Commercial recreation facilities or RV park.

2.

Schools and colleges.

3.

Churches.

4.

Bars, taverns, cocktail lounges.

5.

Dry cleaning, laundry.

6.

Bed and breakfast.

7.

Dwelling, multi-family mixed use [when accessory to a commercial development].

8.

Public buildings, facilities and services.

9.

Distribution centers.

10

Amusement center.

11.

Utility facility necessary for the function of the utility in the area;

12.

Any use which is demonstrated to be of similar character and impact to that of the listed principal commercial uses or principal light industrial uses;

13.

Marijuana retailer as provided in Chapter 10A-59;

14.

Marijuana laboratory as provided in Chapter 10A-59;

15.

Marijuana wholesaler as provided in Chapter 10A-59;

16.

Marijuana processor non-flammable as provided in Chapter 10A-59; and

17.

Marijuana grow site medical as provided by State regulations and as provided in Chapter 10A-59.

(Ord. No. 2748-2018, § 6, 10-23-2018)

The following uses are listed here as expressly prohibited so as to facilitate the interpretation of the list of principal permitted uses:

1.

Residential dwellings on ground floor.

2.

Dance and music studios.

3.

Private clubhouses.

4.

Residential care facilities.

5.

Museums, concert halls, auditoriums.

6.

Adult foster care.

7.

Mortuaries, funeral homes.

8.

Auction house.

9.

Nursing home.

10.

Kennel.

11.

Veterinarian.

12

Body, fender and paint.

13.

Automotive dismantling (auto salvage).

14.

Petroleum bulk plant.

15.

Animal slaughtering, stockyards or holding pens.

16.

Processing of carcasses and organ meat into product for human consumption.

1.

Maximum height: 50 feet

2.

Minimum lot size: Two acres ¹

3.

Yard space requirements:

Front yard: None

Rear yard: Five feet ²

Side yard: None ³

Maximum lot coverage: 90 percent

Note: All minimum dimensions are subject to adequate provision for other space-using requirements of this Title.

¹   Lots smaller than 2 acres and existing prior to application of this zone are developable, provided such lots meet all other requirements of this Title.

²   Where the rear side yard abuts a residential zone, the abutting rear yard shall be one foot for each foot by which the building height exceeds 14 feet.

³   Where the side yard abuts a residential zone, the abutting side yard shall be a minimum of 15 feet plus one foot for each two feet by which the building height exceeds 28 feet.

The provisions of City of Ontario Code, Chapter 10A-57, Miscellaneous Provisions, apply to the UGA E-2 Zone.

No master plan is required in this zone.

A basic architectural standard is applicable to all structures within the UGA E-2 Zone, the purpose of which is to prevent industrial-looking "steel boxes." All structure faces visible from a public street (except signs, trim, and minor architectural features) shall be constructed of masonry, ceramics, concrete, wood frames and stucco, metal frame and stucco, or other substantial construction materials; or with veneer made to resemble masonry, ceramics, concrete, or stucco. Typical residential siding such as wood or vinyl and typical industrial siding such as galvanized or painted metal are allowed only by conditional use and only when the applicant can demonstrate to the Commission that use of such materials will be mitigated so as not to visually detract from the area. Mitigation measures may include but are not limited to additional landscaping, canopies, awnings, porticos, additional glazing, or other similar decorative architectural features. Placement of other structures which completely or substantially block all view of the face in question will also be treated by the Commission as mitigation

The purpose of the UGA E-5 district is to encourage the development of large tracts of land in a manner that promotes the City of Ontario as a regional retail and employment center. The UGA E-5 Zone allows for uses that will not jeopardize the ability of the State and local transportation system to safely and effectively move freight and travelers through, to and from the City. Light industrial and manufacturing uses permitted in this district must not adversely affect adjacent businesses or residential areas, being by nature substantially clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare, and whose few potentially objectionable features will be eliminated by design, complete enclosure or other appropriate measures. This mixed-use "hybrid zone," incorporating both heavy commercial and light industrial uses, is appropriate along major highways (interstate) and their interchanges.

The following principal uses and their accessory uses are permitted outright in the UGA E-5 Zone:

1.

Shopping centers.

2.

Retail business.

3.

Hotel/motels.

4.

Automotive service stations.

5.

Gasoline service/service stations.

6.

Wholesale stores (less then 3,000 square feet storage).

7.

Truck stops with motel (truck terminals).

8.

Professional and administrative offices (not on ground floor).

9.

Health professional office/clinic (not on ground floor).

10.

Contractor or building material businesses.

11.

Horticulture/nurseries.

12.

Printing and publishing.

13.

Restaurants and fast food restaurants.

14.

Grocery stores.

15.

Research and development laboratories.

16.

Small truck/trailer rental.

17.

Farm and garden store.

The following uses and their accessory uses are permitted conditionally in the UGA E-5 Zone:

1.

Commercial recreation facilities or RV park.

2.

Schools and colleges.

3.

Churches.

4.

Bars, taverns, cocktail lounges.

5.

Dry cleaning, laundry.

6.

Bed and breakfast.

7.

Dwelling, multi-family mixed use [when accessory to a commercial development].

8.

Public buildings, facilities and services.

9.

Distribution centers.

10.

Amusement center.

11.

Marijuana retailer as provided in Chapter 10A-59.

12.

Marijuana laboratory as provided in Chapter 10A-59.

13.

Marijuana wholesaler as provided in Chapter 10A-59.

14.

Marijuana processor non-flammable as provided in Chapter 10A-59.

15.

Marijuana grow site medical as provided by state regulations and as provided in Chapter 10A-59.

(Ord. No. 2770-2020, § 1, 2-21-2020)

The following uses are listed here as expressly prohibited so as to facilitate the interpretation of the list of principal permitted uses:

1.

Residential dwellings on ground floor.

2.

Dance and music studios.

3.

Private clubhouses.

4.

Residential care facilities.

5.

Museums, concert halls, auditoriums.

6.

Adult foster care.

7.

Mortuaries, funeral homes.

8.

Auction house.

9.

Nursing home.

10.

Kennel.

11.

Veterinarian.

12.

Body, fender and paint.

13.

Automotive dismantling (auto salvage).

14.

Petroleum bulk plant.

15.

Animal slaughtering, stockyards or holding pens.

16.

Processing of carcasses and organ meat into other products for any purpose.

1.

Minimum lot size: Five acres ¹

2.

Maximum height: 50 feet

3.

Yard space requirements:

Front yard: None

Rear yard: Five feet ²

Side yard: None ³

Maximum lot coverage: 90 percent

Note: All minimum dimensions are subject to adequate provision for other space-using requirements of this Title.

¹   Lots smaller than 5 acres and existing prior to application of this zone are developable, provided such lots meet all other requirements of this Title.

²   Where the rear side yard abuts a residential zone, the abutting rear yard shall be one foot for each foot by which the building height exceeds 14 feet.

³   Where the side yard abuts a residential zone, the abutting side yard shall be a minimum of 15 feet plus one foot for each two feet by which the building height exceeds 28 feet.

The provisions of City of Ontario Code, Chapter 10A-57, Miscellaneous Provisions, apply to the UGA E-5 Zone.

For any proposed development where a master plan has not yet been created, a master plan encompassing at least five acres of surrounding applicable (UGA E-5 zoned, undeveloped or minimally-developed, non-master planned) property shall be prepared prior to development. If surrounding applicable property totals less than five acres, then all of the surrounding applicable property shall be master planned; the master plan shall include the following information:

1.

Proposed land uses by type;

2.

Proposed traffic circulation patterns;

3.

Proposed access locations;

4.

Location of vehicle parking areas;

5.

Location of public facilities and utilities;

6.

Location of open space; and

7.

Proposed phasing of land uses and public facilities.

The Ontario Planning Commission shall consider and accept the master plan prior to allowing development to proceed. The master plan shall be approved for a development at the time of land division. The intent of the master plan is to broadly determine the future development patterns and public facility needs in each area. Future development will need to demonstrate how it implements the concepts in the master plan that covers the area where development is proposed.

A basic architectural standard is applicable to all structures within the UGA E-5 Zone, the purpose of which is to prevent industrial-looking "steel boxes." All structure faces visible from a public street (except signs, trim, and minor architectural features) shall be constructed of masonry, ceramics, concrete, wood frames and stucco, metal frame and stucco, or other substantial construction materials; or with veneer made to resemble masonry, ceramics, concrete, or stucco. Typical residential siding such as wood or vinyl and typical industrial siding such as galvanized or painted metal are allowed only by conditional use and only when the applicant can demonstrate to the Commission that use of such materials will be mitigated so as not to visually detract from the area. Mitigation measures may include but are not limited to additional landscaping, canopies, awnings, porticos, additional glazing, or other similar decorative architectural features. Placement of other structures which completely or substantially block all view of the face in question will also be treated by the Commission as mitigation.