In order to carry out the purposes and provisions of this Title, the Comprehensive Plan and City policies, the City of Ontario, Oregon, is divided into zones.

The following zones are established for application to lands within the City of Ontario, Oregon:

Residential Zones:

RS-50 Single-family Residence

RD-40 Duplex Residence

RM-10 High Density, Multi-Family Residence

R-MH Manufactured Homes Residence

R-MHO Manufactured Home Residence Overlay

TRO Transitional Residential Overlay

Commercial Zones:

C-1 Neighborhood Commercial

C-2 General Commercial

C-2-H Heavy General Commercial

C-3 Central Commercial

Industrial Zones:

BP Business Park

I-1 Light Industrial

I-2 Heavy Industrial

Specialized Zones:

AD Airport Development

FHO Flood Hazard Overlay

PD Planned Development

E-2 Employment, Two-Acre Minimum Parcel Size

E-5 Employment, Five-Acre Minimum Parcel Size

The location, size, shape, and boundaries of the zones established shall be indicated on the atlas of maps entitled "official zoning map." The official zoning map and all notations, references and other information shown there on shall have the same force and effect as if fully set forth or described herein and by this reference made a part of this Title and such maps, after being adopted by reference as part of this Title, and so certified by the City Recorder, together with the text shall be maintained in the office of the Planning Official, and such atlas shall be the official zoning map for purposes of enforcement of this Title. Any amendment to the zoning classifications on the official zoning map shall include the legal description to the land involved, including appropriate adjacent public rights-of-way or public property, and such amendments shall be properly and permanently noted, along with the ordinance and date of enactment on the face of the maps in the custody of the Planning Official.

It is the intent of this Title that the entire area of the City, including all land and water areas, rivers, streets, alleys, railroads and other rights-of-way, be included in the zones established by this Title. Any area not shown on the official zoning map as being included in a specific zone shall not be deemed to be, and is hereby included in a specific zone classified as the RS-50, Single-family Residential Zone.

Wherever any uncertainty exists as to the boundary of a zone as shown on the Official Zoning Map, the following regulation shall control:

1.

Where a boundary line is indicated as following a street or alley, it shall be construed as following the center line of such street or alley.

2.

Where a boundary line follows or approximately coincides with a lot or property ownership lines, it shall be construed as following such line.

3.

Where a boundary line is not indicated as following or approximately coinciding with a street, alley, lot line or property ownership line, the boundary line shall be determined by the Planning Official using the Zoning Map.

4.

Where the boundary line of a zone divides a lot in single ownership, then the boundary line shall be considered as the lot line for purposes of computing area and setback for uses which are permitted in the less restrictive zone. For uses which are permitted in the more restrictive zones, the ownership lines may be used in applying the area and setback regulations.

There exist lots, structures, and uses of structures, and land which were lawful before this Title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Title. It is the intent of this Title to permit these non-conformities to continue until they are removed, except where amortization periods for specific uses are set forth in this Title, but not to encourage their survival. Such non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

If two or more platted lots or combination of platted lots or portions of platted lots with continuous frontage in single ownership are on record as a single tax lot at the time of passage of this Title, and if all or part of the platted lots do not meet the requirements for lot width and area as established by this Title, no portion of said parcel shall be used or sold which does not meet lot width and area requirement established by this Title, nor shall any division of a parcel be made which leaves remaining any lot with width areas below the requirements stated in this Title.

If a use of a building, structure, or land exists at the effective date of adoption or amendment of this Title and such use is not allowed in the zone under the terms of this Title, the uses may continue so long as it remains otherwise lawful, subject to the following provisions:

1.

A nonconforming use or structure may continue but may not be altered or extended to another part of the structure or site without approval as a conditional use for a nonconforming use exception.

2.

The discontinuance of a nonconforming use of land for six months out of any 12 consecutive months or change of nonconforming use of land to some other kind of nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of the land must conform to the regulations of the zone in which it is located.

3.

A nonconforming use may be changed to any use of the same or a lesser degree of nonconformity, or a use permitted in the zone in which the use is located. When a nonconforming use has been changed to more nearly conforming use or to a permitted use, it shall not thereafter be changed back to a use with a greater degree of nonconformity. For purposes of this Subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a use with a lesser degree of nonconformity or a permitted use shall have commenced and continued for a period of seven days. The principal permitted uses listed under a specific zone shall be interpreted to have the same degree of nonconformity for purposes of this Section.

If a nonconforming structure containing a nonconforming use is destroyed by any cause to an extent exceeding 60 percent of its true cash value as indicated by the records of the Malheur County Assessor, a future structure or use on the site shall conform to this Title, or approval for restoration to the prior nonconforming use must be obtained within one year of occurrence of the destruction.

Nothing contained in this Title shall require any change in the plans, construction, alteration, or designated use of a structure for which a permit has been issued by the City and construction has commenced prior to the adoption of this Title; provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit is issued.

Certain uses involving a high degree of incompatibility shall be terminated or altered as herein prescribed:

1.

Fences, walls and foliage which impair sight distances at a curve or intersection and thereby constitute a hazard to pedestrian or vehicular traffic shall be made conforming within one calendar year of notification of the nonconformity by the Planning Official, however, this procedure shall not preclude the abatement of acutely dangerous conditions through other powers of the City.

2.

Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material storage and similar uses not involving structures shall be terminated or made conforming within one calendar year of notification by the Planning Official.

3.

All uses in business and manufacturing zones shall be altered so as to comply with all provisions of this Title setting forth specifications for fencing or screening within one calendar year of notification by the Planning Official.

Provisions of the abatement of certain nonconforming signs are found in the sections of this Title dealing with signs.

Every building hereafter erected or modified, or every use established, shall be located on a development site which has been declared on the application for a building permit as the site for the proposed use. Such site shall meet the area, dimension and street frontage requirements of this Title and be adequate in size and shape to accommodate all proposed structures, yard spaces, off-street parking and loading, and corner visibility. Only one principal structure may be built upon a single development site, except as may be otherwise specified in this Title.

Each development site shall front upon a public street for a minimum width of 50 feet; except that a development site on the outside radius of a curved street or a circular end of a cul-de-sac shall have a frontage of not less than 40 feet upon the abutting street, and further except that in a zone where multiple family residential structures are allowed, attached single-family housing units may have a lot width conforming to the provisions of the zone in which the development is located.

No sale, conveyance, transfer or use of any portion of a development site for other than a public purpose, shall leave a structure or use on the remainder of the site with less than the minimum site area, dimensions, yards, parking or loading, or resulting in a site with less than the minimum buffering of screening requirement of this Title. No yard or other space provided about any building for the purpose of complying with this Title shall be considered as providing a yard or other space for any other building or any other development site.

No development site shall be used for a building unless it is served by municipal water and sewer, unless the Director of Public Works finds that providing one or both such services is impractical at the time of application for a building permit.

No development site shall be used for a building unless it is served by municipal water and sewer, unless the Director of Public Works finds that providing one or both such services is impractical at the time of application for a building permit.