This chapter shall be known as the City of Hillsboro Community Development Code (Code or CDC).
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
This Code is enacted for the following purposes:
A. 
To implement the goals and policies of the Hillsboro Comprehensive Plan Ordinance No. 2793 as amended;
B. 
To promote coordinated, sound development, taking into consideration the City's natural environment, amenities, views, and the appearance of its buildings and open spaces;
C. 
To achieve a balanced and efficient land use pattern, to protect and enhance real property values, to promote safe and uncongested traffic movement and to avoid uses and development which might be detrimental to the stability and livability of the City;
D. 
To encourage innovations in residential development and renewal so that the demand for housing may be met by a greater variety in the type and design of dwellings and by the conservation and more efficient and attractive use of open space;
E. 
To safeguard and enhance the appearance of the City through advancement of effective land use, architectural design and site planning which reflect improvements in the technology of urban development;
F. 
To provide an orderly, efficient and speedy process of reviewing applications for development activities and to avoid increased development costs borne by citizens and consumers as a result of unnecessary delay;
G. 
To enable interested and affected persons to provide input in the development process; and
H. 
To provide methods of administering and enforcing the provisions of this Code.
(Ord. 6401 § 1, 2022)
Land within the Hillsboro City limits shall be used, or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise as this Community Development Code permits, except in the case of a legally established non-conforming use or structure as defined herein. The provisions of this Code apply to any person developing or using land or a structure, and to the person's successor(s) in interest.
(Ord. 6401 § 1, 2022)
A. 
All use or development of land or structures within the City limits of Hillsboro shall comply with the Hillsboro Comprehensive Plan, the Hillsboro Municipal Code, and applicable regional, State, Federal and local laws. Determination of compliance with regional, State, Federal or local laws shall be made by the applicable regional, State, Federal or local authority responsible for administering the subject law(s). A determination of compliance with such law shall not be a standard or condition of approval, except that proof that mandatory permits have been obtained may be required by specific standards of this Code or as a condition of approval imposed by the Review Authority. Nothing in this Code shall relieve a use or development from compliance with other applicable laws except as provided herein.
B. 
The provisions of this Code shall be interpreted as minimum requirements. When this Code imposes a greater restriction than is required by other provisions of law, or by other regulations, resolutions, easements, covenants or agreements between parties, the provisions of this Code shall control.
C. 
Recorded instruments affecting real property shall comply with, and be enforceable only as provided by, House Bill 2001 (2019).
(Ord. 6323 § 1, 2019; Ord. 6401 § 1, 2022)
A. 
The Planning Director shall have the power and duty to interpret and enforce the provisions of this Code.
B. 
Notwithstanding any other provision of this Code, the Planning Director has the authority to make reasonable accommodations for disabled persons in the application of this Code under Section 12.80.050.
(Ord. 6401 § 1, 2022)
Violations of the Community Development Code are considered infractions and subject to the civil provisions of the City. In addition, violations are hereby declared to be nuisances and may be abated under the applicable provisions of Title 6 of the Hillsboro Municipal Code.
(Ord. 6401 § 1, 2022)
The provisions of this Code are hereby declared to be severable. If any section, sentence, clause or phrase of this Code is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Code.
(Ord. 6401 § 1, 2022)
A. 
The location and boundaries of the zones designated in subsection B, below, are hereby established as shown on the map entitled "City of Hillsboro Zoning Map" hereafter referred to as the "Zoning Map." Copies of the Zoning Map showing all amendments shall be maintained by the Planning and Information Services Departments.
B. 
For the purposes of this Code, the City is divided into zones identified as shown in Table 12.01.200-1. The term "standard zones" includes all zones with an R, MR, C or I prefix as well as all zones with ID in the abbreviation; the term "light rail zones" includes all zones with a SC prefix; the term "Mixed-Use zones" includes all zones with an MU prefix; and the term "urban center zones" includes all zones with a UC prefix. The term "conservation zone" refers to the subset of light rail zones with the word "Conservation" in the title (SCR-DNC or SCR-OTC). The term "middle housing zone" refers to a zone in which residential dwellings are the primary use and single detached dwellings are permitted, and which implements a residential comprehensive plan map designation in accordance with OAR 660-046-0020. "Middle housing zones" are identified in Table 12.01.200-1.
Table 12.01.200-1: Zones
Abbreviation
Zone Classification
Zone Type
R-10
R-10 Residential
Standard; Middle housing
R-8.5
R-8.5 Residential
Standard; Middle housing
R-7
R-7 Residential
Standard; Middle housing
R-6
R-6 Residential
Standard; Middle housing
R-4.5
R-4.5 Residential
Standard; Middle housing
SCR-LD
SCR-LD Station Community Residential - Low Density
Light rail; Middle housing
SCR-OTC
SCR-OTC Station Community Residential - Orenco Townsite Conservation
Light rail; Conservation; Middle housing
SCR-DNC
SCR-DNC Station Community Residential - Downtown Neighborhood Conservation
Light rail; Conservation; Middle housing
MR-1
MR-1 Multi-Dwelling Residential
Standard; Middle housing
MR-2
MR-2 Multi-Dwelling Residential
Standard
MR-3
MR-3 Multi-Dwelling Residential
Standard
SCR-MD
SCR-MD Station Community Residential - Medium Density
Light rail; Middle housing
SCR-HD
SCR-HD Station Community Residential - High Density
Light rail
C-N
C-N Commercial - Neighborhood
Standard
C-G
C-G Commercial - General
Standard
SCC-DT
SCC-DT Station Community Commercial - Downtown
Light rail
SCC-SC
SCC-SC Station Community Commercial - Station Commercial
Light rail
SCC-MM
SCC-MM Station Community Commercial - Multi-Modal
Light rail
MU-N
MU-N Mixed-Use - Neighborhood
Mixed-use; Middle housing
MU-C
MU-C Mixed-Use - Commercial
Mixed-use
MU-VTC
MU-VTC Mixed-Use - Village Town Center
Mixed-use; Middle housing
SCR-V
SCR-V Station Community Residential - Village
Light rail; Middle housing
UC-RM
Urban Center - Residential Medium Density
Urban center
UC-MU
Urban Center - Mixed-Use Urban Density
Urban center
UC-AC
Urban Center - Activity Center
Urban center
UC-NC
Urban Center - Neighborhood Center
Urban center
UC-OR
Urban Center - Office / Research
Urban center
UC-RP
Urban Center - Research Park
Urban center
I-G
I-G Industrial - General
Standard
I-P
I-P Industrial Park
Standard
I-S
I-S Industrial Sanctuary
Standard
SCBP
SCBP Station Community Business Park
Light rail
SCI
SCI Station Community Industrial
Light rail
SSID
SSID Shute Road Special Industrial District
Standard
HSID
HSID Helvetia Special Industrial District
Standard
ESID
ESID Evergreen Special Industrial District
Standard
SCFI
SCFI Station Community Fair Complex Institutional
Light rail
C. 
Zone Boundaries and Interpretation. The Planning Director shall resolve any dispute over the exact location of a zone boundary. In interpreting the location of a zone boundary, the Planning Director shall rely on the Comprehensive Plan Land Use map and the following guidelines:
1. 
Unless otherwise specified, zone boundaries are lot lines, the center line of streets, highways, alleys or railroad rights-of-way, or such lines extended. Where a zone boundary divides a lot between 2 zones, the entire lot shall be placed in the zone that accounts for the greater area of the lot by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet.
2. 
Zone boundaries indicated as approximately following the centerline of streams, rivers or other bodies of water shall be construed to follow such centerline.
3. 
Where a zone change references a specific property description, that description shall establish the zone boundary. Where 2 or more property descriptions establish conflicting boundaries, the most recent description shall govern.
(Ord. 6110 § 1, 2015; Ord. 6112 § 1, 2015; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
As listed in Subchapters 12.21 through 12.26, each zone in the City implements 1 or more Plan designations. In developed areas where existing zoning is not consistent with the Comprehensive Plan Land Use Map designation, a zone change which would allow development consistent with the Plan designation shall be required prior to redevelopment.
(Ord. 6401 § 1, 2022)
The major participants in the planning process and their roles are generally outlined below. The roles and responsibilities are further defined in the Hillsboro City Charter and the Municipal Code.
A. 
City Council.
1. 
The City Council is the policy and ultimate land use and zoning decision-making body for the City except as otherwise provided by the City Charter, the Comprehensive Plan, the Constitution of the State of Oregon, or Oregon State Statutes. The City Council retains and exercises all the powers granted to the City except as provided herein, or by action of the Council through either the adoption of an Ordinance or Resolution.
2. 
The City Council may initiate amendments to this Code pursuant to Section 12.80.140.
3. 
The City Council may appoint advisory committees for individual geographic areas of the City or to consult with the preparation, adoption, revision and implementation of this Code. Advisory committees may be composed of residents, interested parties, property owners, business operators, and/or affected agencies.
4. 
Notwithstanding the provisions of Subsection 12.01.140.A, upon request by the Planning Director the City Council may interpret the Community Development Code where ambiguity exists as to the meaning of specific provisions. This interpretation, when made, shall be used to guide staff and the Review Authority in applying the Code to specific situations.
B. 
Planning Commission.
1. 
The Planning Commission has the powers and duties assigned to it by this Code, the Municipal Code, City Council ordinance and resolution and State law. The Planning Commission conducts public hearings, advises the council on land use issues and priorities, and makes quasi-judicial land use decisions and legislative recommendations to the City Council in accordance with this Code.
2. 
The Planning Commission will make recommendations to the City Council on proposed Community Development Code amendments to implement Metro's functional plans, the Regional Framework Plan and City-initiated land use related growth management proposals.
3. 
The Planning Commission will make recommendations to the City Council on implementation and the periodic update of the Community Development Code, including standards, procedures and findings.
4. 
The Planning Commission will make recommendations to the City Council on incorporating actions and principles of the Hillsboro 2020 Vision Action Plan. This includes review and comments on implementation measures in the Community Development Code related to land use, promoting public participation in the implementation of the plan and recommending revisions to the plan.
C. 
Planning and Zoning Hearings Board.
1. 
The Planning and Zoning Hearings Board will perform quasi-judicial reviews of certain Type III land use applications pursuant to Subchapter 12.70 through the exercise of powers and duties delegated by this Code, City Council ordinance or resolution, and State law.
2. 
The Planning and Zoning Hearings Board may conduct public hearings and make determinations on other land use matters at the request of the City Council or Planning Commission. The Planning and Zoning Hearings Board panel will request, receive and examine available information, prepare a record, enter findings and conclusions, and exercise such other powers as are necessary to carry out its assigned duties.
3. 
The Planning and Zoning Hearings Board will make reports on hearings activities as the City Council and Planning Commission may require. The Planning and Zoning Hearings Board will advise the City Council and Planning Commission concerning any problem or issue related to the powers and duties of the Planning and Zoning Hearings Board.
D. 
Historic Landmarks Advisory Committee.
1. 
The Historic Landmarks Advisory Committee maintains sites in the Cultural Resource Overlay zone by making recommendations to the Planning Commission and City Council regarding designation of properties to or removal of properties from the Cultural Resource Overlay zone pursuant to Sections 12.27.330 and 12.27.340.
2. 
The Historic Landmarks Advisory Committee regulates and protects sites in the Cultural Resource Overlay zone through review and recommendations to the Planning Commission and City Council, pursuant to Section 12.27.370, relating to approval or denial of proposed activities in accordance with the criteria for alteration, relocation or demolition of landmarks in this Code.
3. 
At the direction of the City Council or Planning Commission, the Historic Landmarks Advisory Committee may review proposed activities by the City and other government agencies that may seriously affect sites in the Cultural Resource Overlay zone, and may advise the Planning Commission and City Council regarding such activities.
E. 
Planning Director.
1. 
The Planning Director shall be the chief administrator of the Community Development Code. The Director's or Director's designee's responsibilities may include but are not limited to the following activities:
a. 
Assigning and scheduling land use applications for review and hearings, including giving notice pursuant to Sections 12.70.040, 12.70.050, and 12.70.060;
b. 
Conducting all pertinent correspondence of the Planning Commission, Planning and Zoning Hearings Board, and Historic Landmarks Advisory Committee;
c. 
Maintaining agendas and minutes of all Planning Commission, Planning and Zoning Hearings Board, and Historic landmarks Advisory Committee meetings;
d. 
Compiling and maintaining all necessary records, files and indexes for planning and development activities; and
e. 
Providing professional expertise and staff assistance to the City Council, Planning Commission, Planning and Zoning Hearings Board, and Historic Landmarks Advisory Committee as necessary for planning matters.
2. 
The Planning Director or the Director's designee shall coordinate planning functions with other City departments, other jurisdictions, and other agencies as is necessary to carry out the provisions of this Code.
3. 
The Planning Director or the Director's designee(s) shall provide assistance and information to the public on land use applications and activities.
F. 
Public Engagement Committee.
1. 
The Public Engagement Committee serves as an advisory body to the Planning Commission (PC) regarding citizen involvement outreach strategies for proposed Comprehensive Plan Major Amendments, or upon request by the City Council, to the City regarding other matters of concern. The Public Engagement Committee fulfills the duties described in Statewide Planning Goal 1 for a committee for citizen involvement.
2. 
The Public Engagement Committee is responsible for assisting the City with developing a program that promotes and enhances citizen involvement in land-use planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement through review and recommendations, pursuant to Section 12.70.062, relating to the creation and adoption of Public Communications and Engagement Plans for Comprehensive Plan Major Amendments.
3. 
At the direction of the City Council or Planning Commission, the Public Engagement Committee shall advise on the creation of Public Communications and Engagement Plans, and may advise the Planning Commission and City Council regarding such efforts.
(Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)
A. 
Figures. Figures are provided for terms, phrases or standards in order to provide an illustrative example. In this Code, figures are drawn to scale but a particular scale is not specified to avoid confusion when figures are enlarged or reduced.
B. 
Calculations. In determining compliance with numeric standards of this Code, calculations shall be rounded up or down as follows:
1. 
Dwelling units per acre: less than 0.5 rounded down to the nearest whole unit; 0.5 or more rounded up to the nearest whole unit.
2. 
Parking spaces: less than 0.5 rounded down to the nearest whole space; 0.5 or more rounded up to the nearest whole space.
3. 
Distances (such as lot dimensions or setbacks): cannot be rounded up or down.
4. 
Percentages (such as Floor Area Ratio or Usable Open Space): cannot be rounded up or down.
C. 
Measuring Distance. Where a distance is specified in this Code, the distance shall be measured from nearest point to nearest point. Where distance is measured from a zone boundary, the zone boundary shall be considered to be the property line.
(Ord. 6401 § 1, 2022)
A. 
The word "shall" is mandatory and not discretionary; the word "may" is permissive.
B. 
The term "this Code" shall be deemed to include the text of this Code, the accompanying Zoning Map, and all amendments made hereafter to either.
C. 
The Code shall be read literally. Regulations are not more or less strict than as stated.
D. 
Where it is unclear whether or in what manner sections of this Code apply to a given situation, or if terms or sections are ambiguous or vague, the following should be applied as warranted under the circumstances:
1. 
This Code shall be interpreted reasonably, reading questioned regulations in relation to other sections such that an interpretation most fully effectuates the intent and purpose of the regulations; and
2. 
This Code shall be interpreted most favorably to provide all necessary authority to carry out its purposes and provisions.
(Ord. 6401 § 1, 2022)
A. 
Tense. All words used in the present tense include the future tense.
B. 
Singular/Plural. All words used in the plural include the singular, and all words used in the singular include the plural unless the context indicates to the contrary.
C. 
Gender. All words used in the masculine gender include the feminine gender.
D. 
"Building" and "Structure." The definition of "structure" includes a "building" but there are many structures that are not defined as a building.
E. 
"Used for." The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
F. 
"Land" and "Property." The words "land" and "property" are used interchangeably unless the context clearly indicates to the contrary.
G. 
Meaning of Words. Terms defined in Section 12.01.500 have the specific definitions in that Section unless the context in which they are used clearly indicates to the contrary. Terms or words not defined shall have their ordinary accepted meanings within the context of their use. The contemporary edition of Webster's Third New International Edition Dictionary of the English Language (principal copyright 1961) shall be considered as providing accepted meanings.
(Ord. 6401 § 1, 2022)
A. 
Standards in Subchapters 12.27, 12.40 and 12.60 through 12.66. Additional location-specific standards and guidelines are contained in separate sections as follows:
1. 
Overlay Zone Standards (Subchapter 12.27): Overlay zones apply to certain areas of the City subject to environmental conditions not related to land use (floodplain, significant natural resources, or historical significance). These standards have been identified by the City as necessary to balance development rights with protection of community assets such as wetlands or historic structures.
2. 
Special Use Standards (Subchapter 12.40): The specific uses identified in these sections are subject to conformance with more specific standards, identified by the City as necessary due to the potential impacts of these uses on neighboring properties.
3. 
Plan District Standards (Subchapters 12.60 through 12.66): Plan districts have been identified in certain locations in the City where community plans and/or district zoning are intended to create unique neighborhood character. Location-specific standards and guidelines are necessary to implement these plans and/or zones in these neighborhoods.
B. 
Development and Design Standards (Subchapter 12.50). The standards and guidelines in this Code are organized in several sections, as described below:
1. 
General Lot Standards (Section 12.50.100): Includes lot dimensions, residential densities, setbacks, building heights, and floor area ratios which apply to all properties within that zone, but which may vary among zones.
2. 
Site Development Standards (Sections 12.50.200 through 12.50.600): This level of standards applies generally to development regardless of its location in the City. Development standards include usable open space, lighting, landscaping, and vehicle and bicycle parking. Infrastructure standards such as pedestrian and bicycle connectivity and circulation, access and street standards, and utilities and site grading are intended to be implemented in conjunction with the Public Works Design and Construction Standards, and to provide an additional level of design specificity.
3. 
Design Standards (Sections 12.50.700 through 12.50.900): Includes architectural standards (building entries and orientation, ground floor windows and building façades, and architectural elements). Design standards represent the City's requirements, but may vary among broad categories of uses (residential, non-residential and mixed-use). Public benefit standards (Section 12.50.900) represent the City's desired expectation regarding development quality and may not be mandatory in all cases. However, where appropriate, adherence to public benefit standards may be required as a condition of a discretionary approval.
C. 
Base Zone Standards (Subchapters 12.21 through 12.26). Location-specific standards and guidelines are organized by zones and are grouped into subsections based on common elements. Each subchapter includes summaries of uses permitted, conditionally permitted, limited, and not permitted along with development standards for each zone. Development standards are typically numerical standards: minimum and maximum densities; minimum and maximum lot dimensions; structural setbacks; maximum building height and lot coverage.
D. 
Hierarchy of Standards. The standards and guidelines in this Code are organized in a hierarchy based on their applicability. Where conflicts occur among standards, the order of application will be as follows:
1. 
Where applicable, overlay zone standards supersede all other standards;
2. 
Where applicable, plan district standards are subordinate to overlay zone standards;
3. 
Where applicable, special use standards are subordinate to overlay zone and plan district standards;
4. 
Development and design standards are applicable throughout the City, but are subordinate to overlay zone standards, plan district standards, and special use standards;
5. 
Base zone standards are applicable throughout the City, but are subordinate to overlay zone standards, plan district standards, and special use standards; and
6. 
If required as a condition of discretionary approval, the public benefit standards of Section 12.50.900 supersede base zone standards and plan district standards, but are subordinate to overlay zone standards and special use standards.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
As used in this Code, the following words, terms and phrases are defined as shown in this section. Terms defined in this section are shown in italic typeface where they occur in other definitions.
Abbreviated Environmental Report.
See Environmental Report, Abbreviated.
Abutting.
To be contiguous to; having a property line, zoning boundary, or wall in common. "Abutting" does not apply to buildings, uses, or properties separated by a street or alley. See also contiguous.
Access.
The place, means, route or way by which pedestrians, bicyclists and/or vehicles have ingress and egress to a property or use. A private access is an access not in public ownership or control by means of deed, right-of-way dedication or public easement.
Access Management.
Regulations or techniques used to control points of access to public streets, roads and highways from other public or Private streets and driveways, with the purpose of reducing conflicts among drivers, bicyclists and pedestrians. Examples of access management include limiting or consolidating driveways, selectively prohibiting left-turn movement at and between intersections, and using physical controls such as signals, raised medians, signage and striping.
Accessory structure or use.
A structure or use incidental and subordinate to the main use of the property, located on the same lot as the main structure or use.
Acreage, Gross.
The total area of a lot, tract or parcel of land, measured within the property lines.
Acreage, Net.
The area on a site which is eligible for development. Net acreage is calculated by subtracting undevelopable land from gross acreage. Undevelopable land is limited to the following:
A. 
Required dedications of public street rights-of-way or private street tracts, required public or private access easements, and required internal fire access;
B. 
Electrical transformer platforms, industrial chemical and/or gas storage areas, or other hazardous area where occupancy is Not Permitted for safety reasons;
C. 
Required stormwater treatment and detention facilities;
D. 
Any land dedicated to the City for parks or greenways;
E. 
Delineated wetlands, vegetated corridors and buffers as required by Clean Water Services or other regulatory authorities;
F. 
Areas with 25% or greater slopes, unless such areas are used for building or parking;
G. 
Area within the 100-year floodplain, unless: (a) such area is within a structural footprint of a building that is to remain or that is to be altered or constructed under an approved Floodplain Activity permit; or (b) such area will be removed from the floodplain through topographic alterations under an approved Floodplain Activity permit and/or FEMA Letter of Map Change.
Adjacent.
Buildings or uses are adjacent to each other if they are sited on abutting parcels or lots, or across a street or alley, and are not separated from each other by existing or planned intervening buildings.
Alley.
A right-of-way through or partially through a block, intended for secondary vehicular access to the rear or side of properties. However, where vehicle access from the street is not permitted or not possible, an alley may provide primary vehicle access.
Alteration.
Any change, addition or modification of an existing structure.
A. 
Alteration (of a Cultural Resource).
Any addition to, removal from, and/or change in the external appearance of any portion of a cultural resource. Alterations include changes in site landscaping if the landscaping is comparable in age to the resource structure, but exclude changes in newer landscaping or the addition of landscaping if there was none originally. This definition also excludes ordinary repair and maintenance of an exterior feature which does not affect the feature's appearance, if such repair has been certified by the City Building Official as necessary for safe occupancy.
Americans with Disabilities Act (ADA).
The Federal Americans with Disabilities Act of 1990 (P.L. 101-336) as amended.
Angle of Repose.
The angle at which the weight from a building foundation will affect adjacent utility trenches and/or other foundations. Angle of repose is the slope, measured in degrees from the horizontal, at which loose solid material will remain in place without sliding. Angle of repose is site-specific, based on the characteristics of the soil.
Animal Service Facility.
A commercial establishment primarily engaged in performing veterinary, boarding, grooming, training, and other services for domestic animals, primarily dogs and cats. Outdoor facilities such as runs and exercise yards may or may not be included in the use. Examples of animal service facilities include veterinary clinics, dog and cat day care facilities, dog training facilities, and overnight pet boarding. Pet stores are not considered animal service facilities.
At or near a major transit stop.
"At" refers to location within 200 feet of the property boundaries of a major transit stop. "Near" refers to location within 300 feet of the property boundaries of a major transit stop.
Auxiliary Lane.
A traffic lane other than a through lane, used to separate entering, exiting or turning traffic from through traffic.
Average Daily Traffic (ADT).
ADT is the total volume of traffic passing a point or segment of roadway over a 24 hour period.
Base Flood.
See Flood, Base.
Base Flood Elevation.
See Flood, Base Elevation.
Basement.
Any area of the building having its floor subgrade (below ground level) on all sides.
Bed and Breakfast Inn.
A residential building or group of residential buildings with separate bedroom units for travelers' temporary accommodation. Standards for Bed and Breakfast inns are included in Section 12.40.130.
Below-Grade Crawl Space.
An enclosed area in which the interior grade is below the lowest adjacent exterior grade.
Bioretention.
Use of shallow, vegetated depressions and engineered soils to collect, filter, and store stormwater runoff while it percolates into the ground.
Build-Out Year.
As used in Transportation Studies (see Section 12.70.200), the year in which completion and occupancy of a studied development is anticipated.
Build-To Zone.
The maximum horizontal distance, or a range of maximum horizontal distances, between a front lot line and a building or structure.
Building.
A structure having a roof supported by columns or walls, which is built for the support, shelter or enclosure of persons, animals, or property of any kind.
Building Coverage.
That portion (typically expressed as a percentage) of the acreage, net of a lot occupied by the footprint of a building.
Building Official.
The Building Official of the City of Hillsboro or the Official's designee.
Building Plane, front or rear.
An imaginary vertical plane across the farthest front or rear elevation of a structure, as illustrated in Figure 12.01.500-A. Building planes are most commonly used in determining lot widths or setbacks.
Figure 12.01.500-A: Front and Rear Building Planes
_CDC--Image-2.tif
Bus Rapid Transit.
See Transit.
Cannabinoid.
Any of the chemical compounds that are the active constituents of marijuana.
Catercorner(ed).
To be located diagonally opposite, usually at the intersection of 2 streets.
Certified Wood Products.
Wood products made from lumber harvested in a sustainable manner as certified by a reliable third party, including but not limited to the Forest Stewardship Council (FSC), Sustainable Forestry Initiative (SFI) and the Canadian Standards Association (CSA).
Child Care Facility.
Any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. The term applies to the total child care operation and includes the physical setting, administration, staff, equipment, program, and care of children. This definition includes facilities such as nursery schools, preschools, kindergartens, child play school facilities, before or after school care, or child development centers, except those excluded under ORS 329A.
City.
The City of Hillsboro, Oregon.
City Council.
The elected City Council of Hillsboro, Oregon.
City Engineer.
The City Engineer of the City of Hillsboro or the Engineer's designee.
City Functional Plan.
A plan or strategy created by the City that further refines and implements Comprehensive Plan policies and recommendations regarding specific topic areas of interest or concern to the City. Such topic areas may include but are not limited to parks and recreation, housing, open spaces, natural resources development and conservation, historic resources, culture and the arts, economic development, environmental quality and other topic area or elements addressed in the Comprehensive Plan.
Common Courtyard.
A common area for use by residents of a cottage cluster or other type of residential development.
Common Wall.
A wall or set of walls in a single building shared by 2 or more dwelling units. To meet this definition, the wall must be shared for at least 25% of the length and 50% of the height of the side of the building of the dwelling units, as shown on Figure 12.01.500-A.1.
Figure 12.01.500-A.1: Dwellings Attached on a Common Wall
_CDC--Image-3.tif
Community Building.
A building intended for the shared use of residents in a development (such as a cottage cluster) that provides space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, community eating areas, or picnic shelters.
Community Plan.
A plan, planning document or coordinated set of planning policies that establish coordinated policies and development guidelines for the development of land uses and development activities within a specific area of the City.
Commuter Rail.
See Transit.
Condominium or unit ownership.
Land, all buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are submitted pursuant to the provisions of ORS 91.500 to 91.671 to 91.990.
Conservation District.
A zone-defined area in which certain standards may be applied regarding retention or alteration of existing buildings and architectural standards for new buildings, in order to retain and restore the historic character of the neighborhood.
Construction.
As used in this Code, construction includes the new construction, replacement or any major remodeling of any building or structure; or any enlargement of an existing building or structure which increases its floor area by 10% or more and which is visible from a street or public right-of-way. Construction does not include the ordinary repair and maintenance of an existing building or structure.
A. 
Construction, existing.
For floodplain management purposes, for the purposes of determining insurance rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
B. 
Construction, new.
For floodplain management purposes, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
C. 
Construction, start of.
Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Consumer.
An adult person who purchases, acquires, owns, holds or uses marijuana items for a purpose other than resale.
Contiguous.
Having a property line, zoning boundary or wall in common. "Contiguous" does not apply to buildings, uses, or properties separated by a street or alley. See also abutting and adjacent.
Control Delay.
See Delay, Control.
Cool Roof.
A roof constructed of materials which reflect most solar radiation, intended to prevent heat penetration into the interior of the building.
Cottage Industry.
A small-scale manufacturing or production use, conducted entirely within an enclosed building, which have no impacts on adjacent properties related to noise, dust, odor or light glare. Examples of cottage industries include woodworking, letterpress operation, and artisan metal, tile, textile, or glass fabrication.
County.
Washington County, Oregon.
Creation (of a natural resource).
Modification of vegetation, hydrology and/or topography in a non-wetland, riparian or wildlife habitat ecosystem in order to create a functional wetland, riparian area, or wildlife habitat. To create a natural resource, soils may also be modified to facilitate the transition to the natural resource system.
Cul-de-sac.
See street, cul-de-sac.
Cultural Resource.
Any building, structure, site, or object included on the Cultural Resource Inventory, and therefore subject to the provisions of Section 12.27.300.
Cultural Resource Inventory.
The list of buildings, structures, sites and objects within the City which are recognized by City Council resolution as being culturally significant.
Dangerous Tree.
Any tree which, in the professional assessment of an expert recognized by the City (such as, but not limited to an arborist, professional forester or landscape architect) has a strong likelihood of causing a hazard to life or property.
Day.
Unless otherwise specifically stated, a 24-hour calendar day.
Delay.
The additional travel time experienced by a driver, passenger, bicyclist, or pedestrian beyond the required time at the desired speed.
A. 
Control Delay.
A delay associated with a traffic control device. Control delay includes the times spent slowing in advance of an intersection or stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed.
Delineation.
A determination of the boundary of a natural resource, wetland, riparian or wildlife habitat area by a qualified natural resource professional. Wetland delineations are prepared following methods described in the 1987 US Army Corps of Engineers Wetlands Delineation Manual or those currently accepted by the Oregon Division of State Lands and US Army Corps of Engineers. Riparian and wildlife habitat delineations are based on an assessment of the tree canopy and plant communities described for the resource in the adopted List of Significant Goal 5 Natural Resources Sites in Hillsboro and the City of Hillsboro Goal 5 Natural Resources Inventory and Assessment Report.
Demolition.
Any intentional defacement, destruction, and/or other action which would cause partial or total destruction of the structural elements of a structure.
Density.
A measurement of the intensity of development on a net acre of developable land. Residential density is measured in number of dwelling units per net acre. Non-residential density or intensity may be measured by floor area ratio. Methodology for calculating density is included in Section 12.50.120.
Detached, Single Dwelling.
See Housing Types.
Development.
Any man-made change to improved or unimproved real estate, including but not limited to construction or installation of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, as well as improvements for use as parking. Within the Significant Natural Resource Overlay (Section 12.27.200), vegetation removal and changes to existing lot boundaries (e.g., subdivisions, partitions, and property line adjustments) are also considered development.
In a Significant Natural Resource Area, development does not include farming activities conducted in accordance with accepted farming practices as defined in ORS 30.930 and ORS 568.900.
Disability.
With respect to a person, (1) a physical or mental impairment which substantially limits 1 or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. "Disability" does not include current, illegal use of or addiction to a controlled substance as defined by 21 U.S.C. § 802, or pedophilia, exhibitionism, voyeurism or other sexual behavior disorders. "Disability" will be interpreted consistent with the meaning of "handicap" under 42 U.S.C. § 3602(h).
Drive-In or Drive-Through Facilities.
Sites and building features such as driveway approaches, internal circulation, and exterior vending facilities that allow motor vehicle drivers to complete transactions for retail goods or services without leaving their vehicle. Vehicle service and repair facilities are not considered drive-in facilities even if the service or repair can be conducted without the driver leaving the vehicle.
Duplex.
See Housing Types.
Dwelling Unit.
A single unit providing complete independent living facilities for 1 or more persons, including provisions for living, sleeping, cooking and sanitation. Provisions for cooking shall mean an area used, or designated to be used, for the preparation of food. The unit may include multiple cooking areas. For types of dwelling units, see Housing Types.
Easement.
A right to the use of certain real property for specified purposes, granted by the property owner to specific persons, firms, corporations or the public.
Eco Roof.
A vegetated roof surface comprised of several layers including a root barrier, waterproof membrane, drainage, soil system, and plants, used in place of a conventional roof and intended to provide environmental benefits. Also known as a "green roof."
Elevated Building.
A nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Emergency Shelter.
A building or cluster of buildings that provides shelter on a temporary basis for individuals and families who lack permanent housing.
Enhancement (of a Significant Natural Resource or Impact Area).
Modification of a Significant Natural Resource Site to improve resource functions and values, or modification of an Impact Area to improve its ability to buffer the adjacent resource from adverse impacts associated with development.
Environmental Report.
A site report prepared by a qualified natural resources professional which includes the following elements in addition to those included in an abbreviated environmental report:
Delineation(s) of Significant Natural Resource boundaries;
Descriptions of the condition of the natural resources within the specified boundaries;
Analyses of development impacts on the Significant Natural Resources;
Descriptions of measures to prevent or reduce negative development impacts; and
Provisions of mitigation and enhancement plans.
Specifications for preparation of environmental reports are cited in Section 12.80.130.
Environmental Report, Abbreviated.
A site report which includes the following elements:
Location of proposed structures or vegetation removal on site maps and photographs;
Descriptions of the condition of the natural resources within the areas proposed to be impacted;
Analyses of development impacts on the Significant Natural Resources;
Documentation that the proposed development can be done in compliance with the applicable criteria in Section 12.80.130.
Specifications for preparation of abbreviated environmental reports are cited in Section 12.80.130.
Excavation.
Removal of earth or mineral matter by human action.
Façade.
The vertical wall face of a building, or the sum of multiple vertical faces, facing the street.
Fair Housing Act (FHA).
The Federal Fair Housing Act of 1968, (P.L. 90-284), Title VIII, as amended.
Fill.
Any deposit of earth or mineral material by human action. The term fill may also be used to describe the deposited material.
Final Plat.
See Plat, Final.
Flood or Flooding.
A. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.
1. 
Area of shallow flooding.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map with a 1% or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
2. 
Area of special flood hazard.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. Also referred to as the Special Flood Hazard Area (SFHA).
3. 
Flood, Base.
A flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood."
4. 
Flood Elevation, Base.
The water surface elevation of the base flood, delineated in mean feet above sea level.
5. 
Flood Fringe.
The portion of the floodplain that is outside of the floodway.
6. 
Flood Insurance Rate Map (FIRM).
An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
7. 
Flood Insurance Study.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
8. 
Floodplain.
The area subject to inundation by the base flood as identified on the FIRM. The floodplain includes both the floodway and flood fringe.
9. 
Floodproofing.
Any combination of temporary or permanent architectural, structural and non-structural additions or changes to a structure or its contents that prevent or provide resistance to damage from flooding while allowing floodwaters to enter the structure. Flood-proofing standards are specified in Section 12.27.100.
10. 
Floodway.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Floor Area and Floor Area, Gross (GFA).
The sum of the horizontal areas of all above-ground floors of a building intended for occupancy or storage. Floor area is measured from the exterior faces of a building or structure or in the case of common wall buildings, from the centerline of the common wall. Floor area includes structured parking and garage area above finished grade level, but does not include the following:
Areas where the elevation of the floor is 4 feet or more below the lowest elevation of an adjacent right-of-way;
Roof area, including roof top parking;
Roof top mechanical equipment;
Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50% or more of their perimeter.
Vent shafts, underground parking spaces, uncovered steps and exterior balconies.
Floor Area, Net.
The gross floor area of a building, excluding lobbies, restrooms, hallways, stairwells, elevators, mechanical and utility spaces and loading docks. Also called "Gross Leasable Area."
Floor Area Ratio (FAR).
The ratio (typically expressed as a decimal) of the total amount of enclosed gross floor area (GFA) within a building or structure to the amount of net lot area. Calculation methodology of Floor Area Ratios is cited in Section 12.50.150.
Footprint.
The horizontal area of a building or structure as seen in plan, measured from outside of all exterior walls and supporting columns. The footprint of a building does not include trellises; patios; areas of porch, deck, and balcony less than 30 inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways required for access. The footprint of each detached building or structure on a site is calculated separately.
Forecast Year.
As used in Transportation Studies (see Section 12.70.200), the subject year of the Transportation Study analysis. The Forecast Year may be the Build-Out Year or another future year deemed appropriate for the Study.
Free Standing Wall.
A vertical structure built outdoors to separate properties or areas, or to provide sound attenuation from a noise source. Free standing walls are not intended to support any roof structure, and may be used as an alternative to a fence or hedge.
Frontage.
The length of the front lot line of a lot, parcel or tract which abuts a public street or alley, or platted Private street or alley, usually measured in feet. Lot frontage may be approximately equal to lot width on a regular lot, but may differ on other shapes of lots.
Functional Plan.
See City Functional Plan.
Gap Availability Study.
As used in Section 12.70.200, a traffic measurement used to determine the number of opportunities for a vehicle to execute a turning movement (gap) from a 2-way stop-controlled intersection or access during a defined time period.
Garage.
A structure or portion thereof designed and intended for use for parking or temporary storage of vehicles.
Garage, front loaded or rear loaded.
See Loading, Front, Side or Rear.
Grade.
Ground elevation, measured in height in feet above mean sea level. Grade elevation is used in measurement of building height and for application of floodplain regulations.
A. 
Grade, Finished.
The average of the ground elevations at the center of all walls of a building, following completion of site grading. If a wall is parallel to and within 5 feet of a sidewalk, finished grade is measured at the sidewalk.
B. 
Grade, Native.
The ground elevation existing before human alteration such as grading, filling or excavation.
C. 
Grade, Street.
The elevation at the top of a street curb or the top of the edge of pavement or traveled way where there is no curb.
Grading.
Cutting and/or filling of the ground surface to a desired slope or elevation.
A. 
Grading, Mass.
Grading conducted over a majority of a development site or phase thereof, with the intent to create a more uniform ground elevation and/or building pads.
Green Streets.
Public or Private streets designed to reduce or redirect stormwater runoff quantity and/or to improve stormwater runoff quality within the right-of-way or street tract. Green street design generally involves using vegetated swales; Low Impact Development Approaches (LIDA), bioretention and/or pervious pavement as an alternative to conventional catch basins, pipes, curbs and detention facilities.
Gross Acreage.
See Acreage, Gross.
Gross Floor Area.
See Floor Area, Gross.
Habitat Benefit Areas.
The Tualatin Basin Fish & Wildlife Habitat Program areas shown on Metro's Regionally Significant Fish and Wildlife Habitat Inventory map as containing Classes I, II, and III riparian corridors/wildlife habitat and Class A Upland Wildlife Habitat. See also Habitat-Friendly Development Practices.
Habitat-Friendly Development Practices.
A range of development techniques and activities used to reduce detrimental impact on fish and wildlife habitat relative to traditional development practices. Habitat-Friendly Development Practices are listed in Subsection 12.50.930.A.
Height, Building.
The vertical distance from finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the point midway between the ridge and the eaves of a pitch or hip roof, as illustrated in Figure 12.01.500-B. Measurement methodology for building height is cited in Subsection 12.50.140.B.
Figure 12.01.500-B: Different Roof Types and Building Height
_CDC--Image-4.tif
High Capacity Transit.
See Transit, High Capacity.
High-Profile Industrial Building.
An industrial building designed and constructed for manufacturing or warehouse use, characterized by highly specialized mechanical and/or automated equipment requiring structural heights greater than 45 feet.
Historic Landmarks Advisory Committee (HLAC).
The Historic Landmarks Advisory Committee of the City of Hillsboro.
Home Occupation.
A lawful business conducted on a residential property only by the residents of the property and not more than two non-residents, where the business operation is secondary to the residential use of the dwelling. Standards for approval and operation of Home Occupations are contained in Section 12.40.170.
Horticultural Activities.
Activities including, but not limited to, orchard keeping and vegetable or flower gardening, which may be conducted for either household consumption and enjoyment or in connection with a home occupation or residential business. Horticultural activities do not include either keeping of livestock as defined in Hillsboro Municipal Code (HMC) Subchapter 6.20, or marijuana facilities as defined in this section.
Hospital.
An institution which provides clinical, diagnostic and treatment services to patients on an inpatient, outpatient and emergency basis, and which has received a Certificate of Need from the State of Oregon.
Hotel.
A building, or portion thereof, of more than five guest rooms designed or intended to be used, let or hired out for the purpose of offering to the general public lodging for a fee on a daily, weekly, or monthly basis, where the primary entrance is through a lobby or foyer with internal circulation to the rooms.
Hotel, Executive Suites.
Hotel where food service is included in the use along with one or more business-oriented amenities such as conference rooms, business centers, banquet facilities, and meeting facilities.
Household.
A group of people living together in a dwelling unit. The following are also considered households:
Residents of residential homes; and
Residents of residential facilities with eight or fewer persons.
Household Energy Production Facilities.
Systems for the collection and conversion of alternative energy sources such as solar or wind, to serve the energy needs of the subject property. Such systems include facilities for energy collection, support structures, and components for the control and conversion of the captured energy.
Housing.
See Dwelling Unit and Housing Types.
Housing Types.
A. 
Accessory Dwelling Unit.
An additional dwelling unit that is located on the same lot as, and is accessory to, a single detached dwelling or townhouse. The unit includes its own independent living facilities with provisions for sleeping, cooking, and sanitation, and is designed for residential occupancy independent of the primary dwelling unit. Also previously defined as a secondary dwelling unit. Any area dedicated to the preparation of food in an accessory dwelling unit, regardless of the type of mechanical equipment provided, shall be considered a cooking area.
B. 
Cottage Cluster.
A grouping of no fewer than four detached dwelling units per net acre sharing a common courtyard. Units may be located on a single lot or parcel, or on individual lots or parcels following a middle housing land division.
C. 
Duplex.
A residential structure containing two dwelling units attached on a common wall, floor or ceiling. Both units of a duplex must be built on a single lot or parcel, or attached on a common wall and located on two child lots created through a middle housing land division.
D. 
Live-Work Dwelling.
A dwelling unit occupied by both residential and non-residential (commercial or light-industrial) uses, in which the non-residential use is subordinate to the residential use.
E. 
Manufactured Dwelling.
A single detached dwelling unit, constructed to allow movement on public highways built on a permanent chassis, that is constructed consistent with applicable State law. Also referenced as a mobile home or manufactured home. The term "manufactured dwelling" does not include a "recreational vehicle."
F. 
Multiple Dwelling Structure.
A residential structure containing five or more dwelling units sharing common walls or floors and ceilings, built on a single lot or parcel. Multiple-dwelling structures include apartments and condominiums without regard to ownership status. Development consisting of multiple dwelling structures is called multi-dwelling residential. Residential developments of three to four units are also classified as multi-dwelling residential if the development cannot otherwise meet the definition of middle housing.
G. 
Quadplex.
A residential structure containing four dwelling units attached on a common wall, floor or ceiling. All four units of a quadplex must be built on a single lot or parcel, or attached on a common wall and located on four child lots created through a middle housing land division.
H. 
Single Detached Dwelling.
A detached dwelling unit built and intended for occupancy by one household, built on a single lot or parcel, constructed on site or elsewhere. For purposes of this Code, detached modular homes (aka prefabricated buildings) constructed of multiple modules constructed off site, are considered single detached dwellings. Dwelling units on individual lots that are part of a cottage cluster are not single detached dwellings for the purposes of this Code.
I. 
Townhouse.
A dwelling unit that is part of a row of two or more attached units, where each unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit. Development consisting of townhouses is called single attached residential.
J. 
Triplex.
A residential structure containing three dwelling units attached on a common wall, floor or ceiling. All three units of a triplex must be built on a single lot or parcel, or attached on a common wall and located on three child lots created through a middle housing land division.
Housing Types, Projects.
A. 
Cottage Cluster Project.
A development site with one or more cottage clusters.
B. 
Manufactured Dwelling Project.
A lot or parcel on which four or more manufactured dwellings are placed, either owned in common by the dwelling owners or rented or leased to them by another party. A cottage cluster composed of manufactured dwellings is not considered a manufactured dwelling project.
C. 
Townhouse Project.
One or more townhouse structures constructed, or proposed to be constructed, together with the development site where the land has been divided, or is proposed to be divided, to reflect the townhouse property lines and any commonly owned property.
Impact Area.
The buffer area within the boundaries of the Significant Natural Resource Overlay District in which allowed uses could "adversely impact" the adjacent identified resource. Impact Area measurement and development standards are specified in Section 12.27.200.
Inpatient Care.
Medical care in which a patient receives health care services and is admitted to a facility for at least one overnight.
Isolated Upland Wildlife Habitat.
Areas of Significant Wildlife Habitat identified in the adopted List of Significant Goal 5 Natural Resources Sites in Hillsboro and the City of Hillsboro Goal 5 Natural Resources Inventory and Assessment Report, which are not contiguous to a stream, wetland or riparian corridor.
Joint-Use Parking.
See Shared Parking.
Loading, Front, Side or Rear.
A descriptive term used to identify the location of a vehicular garage entrance or driveway in relation to the main building entrance. A front-loaded garage or driveway faces or accesses the same street as the main building entrance. A side-loaded garage or driveway faces a side street or alley or a side lot line. A rear-loaded garage faces the street or alley opposite the main pedestrian entry.
Local Wetlands Inventory.
A systematic survey of an area to identify, classify and map the approximate boundaries of wetlands in accordance with the requirements of OAR Chapter 141, Division 086, used in place of the National Wetlands Inventory and incorporated into the Statewide Wetlands Inventory after approval by the Oregon Department of State Lands.
Lot.
A unit of land created by a subdivision. The term lot may also be used generically to refer to units of land created through partitions or to lots of record. See also Parcel and Tract. Lots occur in a variety of shapes and configurations, as illustrated in Figure 12.01.500-C, including the following:
A. 
Lot, Corner.
A lot abutting two streets intersecting at an angle not greater than 135 degrees. Exception: lots with frontage on both a street and an alley are not considered corner lots.
B. 
Lot, Double Frontage.
A lot having street frontage on two streets that do not intersect. Also called a reverse frontage lot or a through lot.
C. 
Lot, Flag.
A lot so shaped that the buildable area (the "flag") is not adjacent to the street or alley on which the lot fronts, and which includes a private access strip (the "pole") connecting the buildable area to the street or alley.
D. 
Lot, Interior.
A lot abutting a single street.
E. 
Lot, Middle Housing.
A lot that is created by a middle housing land division, and that may, or may not, have street frontage.
F. 
Lot, Regular.
A lot having four property lines and typically square or rectangular in shape, where opposite property lines (front and rear; two opposite sides) are parallel or roughly parallel.
G. 
Lot, Irregular.
A lot having 4 or more property lines, where opposite property lines are not parallel or are curved.
H. 
Lot, Multiple Frontage.
A lot abutting 3 or more streets.
I. 
Lot of Record.
A lot or parcel created pursuant to applicable State law.
J. 
Lot, Parent / Lot, Child.
Parent lot refers to a lot of record or a lot in a subdivision, partition, or middle housing land division which is developed, or proposed to be developed, with 2 or more townhouses or other type of middle housing, and which may therefore be further divided to allow individual ownership of each dwelling unit. Child lot refers to the unit(s) of land created from a parent lot. A child lot created through a middle housing land division is also referred to as a middle housing lot. Only one dwelling unit is permitted on each resulting middle housing lot.
Figure 12.01.500-C: Lot Types
_CDC--Image-5.tif
Lot Dimensions.
Physical lot dimensions include the following:
A. 
Lot Area.
The total horizontal area inside the property lines of a lot, parcel, or tract. Lot area is generally measured in square feet or acres. For the purposes of this Code, lot area excludes any portion of a lot, parcel or tract located within public right-of-way regardless of the inclusion of that portion in a metes and bounds description or other legal instrument.
B. 
Lot Coverage.
That portion of the lot area which is covered by buildings taller than 24 inches above native grade, as illustrated in Figure 12.01.500-D. Lot coverage is expressed as a percentage of lot area.
Figure 12.01.500-D: Lot Coverage
_CDC--Image-6.tif
C. 
Lot Depth.
The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. Lot depth on corner lots is the horizontal distance between 1 of the front lot lines and the opposite interior lot line. Methods of measuring lot depth are specified in Section 12.50.110.
D. 
Lot Width.
The horizontal distance between the midpoints of the side lot lines. Lot width on corner lots is the horizontal distance between 1 of the front lot lines and the opposite interior lot line. Methods of measuring lot width are specified in Section 12.50.110.
Lot Line.
The property line bounding a lot, parcel, tract or lot of record. Types of lot lines, as illustrated in Figure 12.01.500-E, include the following:
A. 
Lot Line, Front.
The property line(s) separating a lot, parcel, tract or lot of record from a street, alley, or access tract. Interior lots have 1 front lot line; corner lots have 2 front lot lines; multiple frontage lots have 3 or more front lot lines.
B. 
Lot Line, Rear.
The lot line of a regular, interior lot which is opposite and most distant from the front lot line. Corner lots, double frontage lots and multiple frontage lots do not have a rear lot line, but may have multiple side lot lines. Methods of establishing rear lot lines of irregular or flag lots for setback purposes are specified in Figure 12.50.130-C.
Lot Line, Side.
Any lot line abutting another lot, parcel, tract or lot of record, which is not considered a front or rear lot line.
Figure 12.01.500-E: Types of Lot Lines
_CDC--Image-7.tif
Lowest Floor.
For purposes of floodplain management, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 12.27.100.
Low Impact Development Approach (LIDA).
A stormwater management and land-development strategy applied at the parcel and subdivision scale that emphasizes conversation and use of onsite natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions.
Main Building Entrance.
A primary pedestrian entrance to a building.
Major Pedestrian Route.
See Pedestrian Route, Major.
Major Retail Use.
A retail operation with 60,000 square feet or more of net floor area per building or business.
Major Transit Stop.
See Transit Stop, Major.
Manufactured Home Park or Subdivision.
A lot or parcel on which 4 or more manufactured dwellings are placed, either owned in common by the dwelling owners or rented or leased to them by another party. In the Regulatory Floodplain or Special Flood Hazard Area, "manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
Marijuana Facilities
A. 
Processing.
A building or structure used in whole or in part for processing marijuana as defined in ORS 845.025.1015 as the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, and which is licensed by the Oregon Liquor Control Commission and/or Oregon Health Authority. Processing does not include packaging or labeling.
B. 
Production.
A building or structure used in whole or in part for producing marijuana as defined in ORS 845.025.1015, as the manufacture, planting, cultivation, growing or harvesting of marijuana, and which is licensed by the Oregon Liquor Control Commission and/or Oregon Health Authority. Producing does not include drying or cultivation of immature plants received from a producer, or the cultivation and growing of an immature marijuana plant by a processor, wholesaler, or retailer if that party purchased or otherwise received the plant from a licensed producer.
C. 
Retail Sales (also known as marijuana retail sales facility).
A building or structure used in whole or in part for retail sales or delivery to a consumer of marijuana, cannabinoid products, and miscellaneous items, including medical marijuana, and which is licensed by the Oregon Liquor Control Commission and/or Oregon Health Authority. Retail sales facilities include medical marijuana dispensaries.
D. 
Testing Laboratories.
A building or structure used in whole or in part for testing of marijuana items, and which is licensed by the Oregon Liquor Control Commission and/or Oregon Health Authority.
E. 
Wholesale Sales.
A building or structure used in whole or in part for wholesale sales of marijuana, cannabinoid products, and miscellaneous items to a person other than a consumer, and which is licensed by the Oregon Liquor Control Commission and/or Oregon Health Authority.
Marijuana Waste.
The unwanted part or parts of a marijuana plant including but not limited to, trimmings, shake, stems, remnants, by-products or any other vegetative elements of a marijuana plant that a generator wishes to dispose of. Marijuana waste for the purposes of this Code does not include part or parts of a marijuana plant that have been treated or contaminated with solvents, or other chemicals that would be considered household hazardous waste or hazardous waste.
Mass Grading.
See Grading, Mass.
Medical Marijuana.
A cannabinoid product, cannabinoid concentrate or cannabinoid extract that has a concentration of tetrahydrocannabinol that is permitted under ORS 475B.625 for consumers who hold a valid registry identification card issued under ORS 475B.415.
Medical Marijuana Dispensary (also known as marijuana facility, retail sales).
A retail facility, registered by the Oregon Health Authority, that is allowed to receive marijuana, immature marijuana plants, or usable marijuana products (such as edible products, ointments, concentrates or tinctures) and to transfer or sell that marijuana, immature plants, or usable products to a person with a valid Oregon Medical Marijuana Program card (a patient or the patient's caregiver) or to persons over the age of 21 as described in ORS 475.314. See also Marijuana Facilities, Retail Sales.
Metro.
The Portland area metropolitan service district, which is the regional government established by Charter and providing defined regional services including planning and policy making.
Middle Housing.
A category of housing types that includes duplexes, triplexes, quadplexes, townhouses, and cottage clusters.
Middle Housing Land Division.
The partition or subdivision of a lot or parcel in a middle housing zone on which the development of middle housing is allowed under ORS 197.758 (2). A middle housing land division is an action distinct from other types of land divisions per this Oregon law. Further division of lots or parcels resulting from a middle housing land division are prohibited.
Middle Housing Zone.
See subsection 12.01.200.B.
Minimum Residential Density.
The minimum number of dwelling units required per net acre of developable land. Calculation methods for minimum residential density are contained in Section 12.50.120.
Mitigation.
Measures taken to reduce or offset damage or negative impacts from development activities, such as enhanced vegetation to mitigate visual impacts from the sidewalk, installation of insulation or sound walls to mitigate increased noise levels, or shift scheduling to mitigate traffic peaking.
Mitigation (of a Natural Resource or Impact Area).
Measures taken to compensate for impacts to a Significant Natural Resource or its Impact Area including Replacement, Creation, or Enhancement activities. Examples of mitigation include constructing new replacement wetlands, replanting vegetation, removing nuisance plants, and restoring disturbed streamside vegetation.
Mixed-Use Building or Development.
Buildings or developments which combine 2 or more types of uses, either vertically or horizontally. A mixed-use building is designed to accommodate uses such as live/work units, residential with commercial or light industrial, retail with office, or commercial with light industrial. Live-work dwellings are considered mixed-use buildings. A mixed-use development typically consists of multiple buildings designed to accommodate diverse but compatible land uses.
Mobile Home.
See Manufactured Dwelling in Housing Types.
Motel.
A building, or portion thereof, of more than 5 guest rooms designed or intended to be used, let or hired out for the purpose of offering to the general public lodging for a fee on a daily, weekly, or monthly basis, where there is external pedestrian access to guest rooms.
Multi-Dwelling Residential.
Development consisting of Multiple Dwelling Structures (see Housing Types.
Multi-Use Path.
A path physically separated from motor vehicle traffic, located either within a street right-of-way or a separate right-of-way or easement, and intended for use by bicyclists, pedestrians and non-motor vehicle traffic.
Native Vegetation.
Plants which occur naturally and are historically within the City limits. Native vegetation species are identified and listed on Metro's Native Plant List.
Neighborhood Activity Center.
A land use which draws high levels of daily pedestrian usage, and which functions as a destination for pedestrian and vehicle trips. Examples of neighborhood activity centers include existing or planned parks and recreation facilities, schools, shopping areas, employment centers, theaters, and museums.
Net Acre.
See Acreage, Net.
Nonconforming Situation.
A use and/or structure which was legally compliant prior to a change in the provisions of an applicable zone or development standard, but which does not meet 1 or more requirements under the changed zone or standard. The application process and standards for expansions of non-conforming uses are cited in Section 12.30.800.
Nuisance Plants.
Plants which are both invasive and non-native. Nuisance plants are identified and listed on Metro's Nuisance Plant List.
On-Site Circulation.
The pattern internal to a development site that accommodates the movement of motor vehicles, bicycles and pedestrians.
Other Construction.
New construction, replacement, and any major remodeling of any building or structure; or any enlargement of an existing building or structure for which approval is not required through a Type I, II or III process, which the Planning Director has determined will substantially change its exterior appearance from a public or private street; or change its occupancy from single family use to commercial or industrial use.
Outpatient Care.
Care in which a patient receives health care services without staying over-night.
Palliative.
Medical service rendered to reduce or moderate temporarily the intensity of an otherwise stable medical condition, but not including those medical services rendered to diagnose, heal or permanently alleviate or eliminate a medical condition.
Para-Transit.
Transportation services characterized by flexible routes and schedules, which operate smaller vehicles (such as vans or smaller buses) to accommodate riders with mobility impairments. Para-transit vehicles are generally wheelchair accessible.
Parcel.
A unit of land created by partitioning. When referencing lot configurations or lot dimensions, the term parcel may be used interchangeably with the term lot. See also Tract and Lot of Record.
Park, Public.
Land that is publicly owned or controlled and used to provide active or passive outdoor recreation.
Parking Space.
A permanently maintained space improved and used for the parking of 1 motor vehicle or 1 bicycle.
Parking Structure.
A building above and/or below grade, constructed and used for parking motor vehicles, which may also include bicycle parking. See also Structured Parking.
Partition.
Either the act of partitioning land or a unit of land partitioned.
Partition Land.
To divide land into 2 or 3 parcels. The application process and standards for partitioning land are cited in Section 12.80.096. For purposes of this Code, partition and partition land are not used in reference to middle house land division, unless specifically indicated.
Pedestrian/Bicycle Accessway, or Accessway.
Any off-street path or walkway designed and constructed for use by pedestrians and/or bicyclists where such routes are not otherwise provided by the street system.
Pedestrian Connection.
A route between 2 points intended and suitable for pedestrian use. Pedestrian connections include, but are not limited to, pedestrian/bicycle accessways, sidewalks, walkways, stairways and pedestrian bridges.
Pedestrian Crossing.
Any location, either at an intersection or midblock, where a pedestrian sidewalk, path or walkway crosses vehicular lanes. At a pedestrian crossing, pedestrian traffic is usually 2-way; but motor vehicle traffic may be either 1-way or 2-way.
Pedestrian-Friendly Features.
Features in the built environment designed and used to enhance pedestrian comfort, safety and interest. Pedestrian-friendly features may include sidewalks, public art, awnings or other weather protection, fountains or water features, kiosks, landscaping, pedestrian-oriented signs and lighting, seating areas, street trees, transit stops and shelters, or pedestrian scale buildings with high levels of transparency and articulation.
Pedestrian Route, Major.
A pedestrian route located on an arterial or collector street or major transit route. Pedestrian routes on local streets or street segments within 1,300 feet of a major transit stop, transit center or transit station where the street or street segment provides reasonably direct connection to the station or center.
Pedestrian Scale.
The proportional relationship between the dimensions of a building or building element, outdoor space, street or streetscape element and the average dimensions of the human body, emphasizing features and characteristics which can be observed in close proximity at an average pedestrian's walking speed.
Pedestrian-Sensitive.
An adjective used to describe development in which primary emphasis is given to pedestrian access and use of the site and buildings, rather than to motor vehicle access and parking areas. A "pedestrian-sensitive environment" is designed with pedestrian friendly features and is conducive to walking between destinations.
Person.
An individual, firm, partnership, association, or corporation.
Place of Assembly.
A permanent or temporary structure, facility, place or activity where concentrations of people gather in reasonably close quarters.
Planning Commission.
The Planning Commission of the City of Hillsboro.
Planning Director.
The Planning Director of the City of Hillsboro or the Planning Director's designee.
Planning and Zoning Hearings Board.
The Planning and Zoning Hearings Board of the City of Hillsboro.
Plat.
A map or diagram and other writing(s) containing all the required descriptions, locations, specifications, dedications, provisions and information required by State law and prepared for the purpose of dividing property through subdivision or partition.
A. 
Plat, Final.
A plat of a subdivision or partition, prepared by a licensed surveyor or engineer for submittal to the City for review pursuant to the requirements of Section 12.80.098 or Section 12.80.096 which demonstrates compliance with earlier conditions of approval and is intended to be recorded with the Washington County Surveyor in accordance with applicable State law.
B. 
Plat, Preliminary.
A plat of a subdivision or partition prepared for submittal to the City for review and approval pursuant to the requirements of Section 12.80.098 or Section 12.80.096.
Plaza.
An outdoor area designed to encourage social interaction and accommodate recreational activities, events and relaxation. Plazas are typically provided with pedestrian amenities, art and/or landscaping.
Practicable.
Feasible; capable of being put into practice, done or accomplished given consideration of available technology and project economics. When applied in Significant Natural Resource Areas, the term is used relative to potential adverse impacts on the functions and values of the SNR.
Primary Street Frontage.
Street frontage to which the primary building on the site is oriented, generally the street containing the main building entrance and/or the numbered street address of the building.
Processing, Marijuana.
See Marijuana Facilities.
Production, Marijuana.
See Marijuana Facilities.
Property Line.
The division line between 2 units of land.
Property Line Adjustment.
The relocation or elimination of all or a portion of the common property line between abutting properties, which does not create an additional lot or parcel. The application process and standards for Property Line Adjustments are specified in Section 12.80.092.
Psilocybin Facilities.
A. 
Product Manufacture.
A building or structure, licensed under ORS 475A.290, used in whole or in part for the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.
B. 
Service Center.
A building or structure, licensed under ORS 475A.305, used in whole or in part for psilocybin administration sessions and at which other psilocybin services may be provided.
C. 
Testing Laboratory.
A building or structure, licensed under ORS 475A.594, used in whole or in part for the testing of psilocybin products.
Psilocybin Waste.
The unwanted part or parts of a psilocybin-bearing mushroom or any related elements (such as growth medium, etc.) that a producer wishes to dispose of. Psilocybin waste for the purposes of this Code does not include waste that has been treated or contaminated with solvents, or other chemicals that would be considered household hazardous waste or hazardous waste.
Public Communications and Engagement Plan (PCEP).
A public involvement plan that complies with Statewide Planning Goal 1 requirements to provide adequate notice on public involvement activities, advanced information on matters under consideration, and opportunities for community involvement in all phases of the planning process for Comprehensive Plan Major Amendments.
Public Engagement Committee (PEC).
The Public Engagement Committee of the City of Hillsboro.
Public Facility Plan.
A plan created by the City in accordance with Statewide Planning Goal 11 to coordinate programs, policies, jurisdictional responsibilities, project timing or financing for public facilities or services or for topic areas required by a Statewide planning goal to be addressed in the Comprehensive Plan.
Public Utility Easement (PUE).
See definition in Hillsboro Municipal Code Section 9.48.020.
Qualified Natural Resources Professional.
An individual having credentials which verify proven expertise and vocational experience in a given natural resource field.
Reasonably Direct.
A term used to signify that a route minimizes out-of-direction travel that is no more than 120% of the straight-line distance.
Recreational Vehicle.
A vehicle that is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Redevelopment.
Construction of new structures, expansion or change of existing structures or building footprints, reconfiguration of existing driveways or parking, and site grading related to such additions, changes, or reconfiguration. Redevelopment does not include the following, when undertaken consistent with City regulations:
Maintenance, repair or removal of existing structures, driveways or other site improvements;
Interior structural improvements or vertical additions that do not affect existing building footprints or impervious areas on a site; or
Replacement of structures due to a catastrophic event such as fire.
When used in conjunction with activity in a Significant Natural Resource Area, redevelopment also does not include activity which does not increase encroachment into the SNR area.
Regulated Affordable Housing.
Housing that is made affordable through public subsidies and/or statutory regulations that restrict or limit resident income levels and/or rents. To be considered regulated affordable housing, units must:
A. 
Have a local, State, or Federal compliance agreement or contract;
B. 
Be affordable to households at or below 80% Median Family Income as defined annually by Housing and Urban Development (HUD) for the county in which the development is built or for the State, whichever is greater;
C. 
Remain regulated affordable housing units for a minimum of 30 years from the date of occupancy.
Additional definitions of "Affordable Housing" related to specific State legislation are provided in CDC Section 12.40.107.
Rehabilitation.
As applied to Cultural Resources and within Conservation districts, rehabilitation is the process of repairing or altering a structure to allow an efficient contemporary use, while preserving those portions and features that are significant to the historic, architectural and cultural values of the resource. Rehabilitation may include compatible elements not found in the original structure and does not involve the technical or historic replication in restoration.
Repair and Maintenance.
Activities intended to preserve and care for a structure, landscaping, or other improvements (including the continued maintenance of adjacent native vegetation for prevention of fire hazard) to such an extent that they remain safe, presentable and carry out the purpose for which they were initiated, installed, constructed or required, without expanding the existing development or activity.
Replacement (of a Significant Natural Resource (SNR)).
The construction or creation of a new SNR site, in substitution for the removal or destruction of an existing SNR site. In the case of wetlands, replacement construction is limited to sites where conditions have been demonstrated to exist capable of producing and sustaining a wetland.
Residential Facility.
"Residential facility" as defined by State law (currently ORS 197.660), includes a residential care, residential training or residential treatment facility, as those terms are de-fined in ORS 443, licensed or registered under ORS 443, or licensed under ORS 418, by the Department of Human Services that provides residential care alone or in conjunction with treatment or training or a combination thereof for 6 to 15 individuals who need not be related. Staff persons required to meet licensing requirements are not counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.
Residential Home.
"Residential home" as defined by State law (currently ORS 197.660), includes a residential treatment or training or an adult foster home licensed by or under the authority of the Department of Human Services, as defined in ORS 443, a residential facility registered under ORS 443, or an adult foster home licensed under ORS 443 that provides residential care alone or in conjunction with treatment or training or a combination thereof for 5 or fewer individuals who need not be related. Staff persons required to meet licensing requirements are not counted in the number of home residents, and need not be related to each other or to any resident of the residential home.
Restoration.
To return a building or structure to its original condition in precise detail. As applied to Cultural Resources and within Conservation Districts restoration may include removal of later additions or elements and/or the reconstruction of deteriorated or previously destroyed features. Also known as "preservation."
Restoration (of a Significant Natural Resource).
To return an SNR site to its original condition. As applied to Significant Natural Resource sites, restoration may include removal of invasive or non-native species and replanting with native species, and/or site alterations to restore previous topography.
Retail Sales.
See Marijuana Facilities, Retail Sales.
Review Authority.
The person or body responsible for making a decision regarding a land use application or appeal. Review Authority in this Code may refer to the Planning Director, the Planning and Zoning Hearings Board, the Historic Landmarks Advisory Committee, the Planning Commission or the City Council.
Right-of-Way.
An area of land dedicated, deeded or granted to the public to accommodate public uses such as a portion of a transportation system or public utility system. Examples of rights-of-way include transportation routes for motor vehicles, transit, bicycles and pedestrians and public utility corridors for water, sewer, and storm water lines, and for power lines and gas lines where adequate public utility easements are not available.
Riparian Area.
The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem as defined in OAR 660-023-0090.
Riparian Corridor.
The water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary as defined in OAR 660-023-0090.
Riparian Upland Resources.
Areas contiguous to a stream or wetland which include a combination of significant wildlife habitat and riparian areas, as identified in the adopted List of Significant Goal 5 Natural Resources Sites in Hillsboro and the City of Hillsboro Goal 5 Natural Resources Inventory and Assessment Report.
Road Authority.
The agency with jurisdiction over the right-of-way and responsible for maintenance of the existing or required public improvements.
Roadway Link.
As used in Section 12.70.200, a section of roadway which includes the intersections at both ends, or at 1 end in the case of a cul-de-sac. The end points of a roadway link will be at an equally or higher classed roadway.
Setback.
The distance between a structure and the property lines of the lot, parcel, or tract on which it is located. See also Yard.
Shared Parking.
Public or private parking shared by 2 or more uses. Criteria for shared parking are contained in Subsection 12.80.156.D.6.
Shared Street.
A street designed to accommodate access for vehicles, pedestrians and bicycles to abutting property within the same circulation space. To indicate that the entire street is intended for pedestrians as well as vehicles, a shared street may be surfaced with ornamental pavers rather than having separate sidewalks. A shared street may function as a community open space, with landscaping and landscaping features, street furniture, lighting fixtures and benches. A shared street may also be designed with traffic calming measures.
Short Term Rental (STR).
The offering of space or of one or more bedrooms (and any use of common area) in a dwelling unit for transient residential purposes to serve paying guests for periods of 30 days or less. An STR includes both partial-dwelling rental, where the owner or operator remains on site, and full-dwelling rental, where the owner does not remain on site. Standards for STRs are included in Section 12.40.230.
Significant Natural Resources Area (SNRA):
A significant wetland, riparian corridor and/or wildlife habitat as identified in the List of Significant Goal 5 Natural Resources Sites adopted in Ordinance No. 5066. Significant Natural Resources Areas are divided into 3 protection levels as described below, based on the Goal 5 Natural Resources Inventory and Assessment (also adopted in Ordinance No. 5066) and the Goal 5 Economic, Social, Environmental and Energy Analysis (adopted as findings for Ordinance No. 5269):
A. 
SNR Protection Level 1:
An SNR area where uses that conflict with resource preservation are moderately limited. Such limitations have been found to be appropriate where the economic or energy benefits of utilizing the site significantly outweigh the environmental or social benefits of fully limiting conflicting uses. SNR Protection Level 1 development standards are specified in Section 12.27.200.
B. 
SNR Protection Level 2:
An SNR area where uses that conflict with resource preservation are limited in order to balance flexibility for development with protection of the resource at a baseline level. SNR Protection Level 2 development standards are specified in Section 12.27.200.
C. 
SNR Protection Level 3:
An SNR area where uses that conflict with resource preservation are strictly limited. Such limitations have been found to be appropriate where the environmental or social benefits of protecting the site significantly outweigh the economic or energy benefits of utilizing the site. SNR Protection Level 3 development standards are specified in Section 12.27.200.
Significant Natural Resources Permit (SNRP).
An approval granted by the Review Authority after a review process is completed that allows certain activities or uses to occur in the Significant Natural Resources Overlay District. The review process and approval criteria for a Significant Natural Resources Permit are specified in Section 12.80.130.
Significant Natural Resources (SNR) Site.
The physical location of Significant Natural Resources.
Site Alterations, Major.
Non-structural site alterations disturbing more than 500 sq. ft. of ground area due to grading or paving, for which approval is not required through a Type I, II or III process, and which affect site access, topography, mature trees, natural resources, required landscaping, or which increase or concentrate the on-site drainage flow at a property line.
Site Alterations, Minor.
Non-structural site alterations disturbing up to or less than 500 square feet of ground area due to grading or paving, which do not affect site access, topography, mature trees, natural resources, required landscaping, or which do not increase or concentrate the on-site drainage flow at a property line.
Stabilization.
Construction methods intended to either prevent erosion or failure of a soil slope following grading or vegetation removal; or to structurally reinforce or arrest material deterioration of a building to prevent failure.
Stockpiling.
Storage of native or imported soil with the intent to redistribute it in order to contour site elevations to a finished grade.
Story.
That portion of a building between the upper surface of any floor and the upper surface of the floor next above, with the exception that the top story is that portion of a building between the upper surface of the top floor and the ceiling above or the roof rafters if there is no ceiling. A basement is considered a story if the finished floor level directly above the basement is more than six feet above finished grade. Story or stories are an internal measurement of the vertical dimension of a building, as opposed to building height which is an external measurement. Stories are illustrated in Figure 12.01.500-F.
Story, Half.
A top story, the floor area of which does not exceed 50% of the floor area of the story below, located under a sloping roof. In order to limit overall building height, dimensions shall demonstrate top of wall on at least two opposite exterior walls which are not more than three feet above the top floor.
Figure 12.01.500-F: Building Stories
_CDC--Image-8.tif
Street.
A right-of-way or tract intended for motor vehicle, pedestrian or bicycle travel and/or access to abutting property. For purposes of this Code, facilities with other names meeting this definition (such as road, avenue, or highway) are also considered streets. Transportation studies referenced in Section 12.70.200 may also use the interchangeable term "roadway." A "street" does not include alleys, railroad rights-of-way, or the Sunset Highway (U.S. Highway 26). The Transportation System Plan categorizes streets into the classifications listed below: dimensions and construction standards for each street classification are found in Subchapter 9.04 of the Hillsboro Municipal Code (HMC).
A. 
Street, Cul-de-Sac.
A street having only one open end and permanently terminated by a vehicular turn around. The term may also refer to the turnaround area itself.
B. 
Street, Local Residential.
A street intended to serve only abutting land and designed to carry less than 1,500 cars per day.
C. 
Street, Neighborhood Route.
A street providing connectivity between local residential streets and collector streets or arterial streets, used by residents in an area to enter or exit a neighborhood but not serving as City-wide area circulation.
D. 
Street, Collector.
A street providing both access and circulation within residential and commercial/industrial areas. Collector streets may penetrate residential neighborhoods distributing trips for the local and neighborhood route systems.
E. 
Street, Arterial.
A street intended to serve as a primary route for travel between the City and other parts of the region or between major areas of urban activity.
F. 
Street, Commercial or Industrial.
A street intended to serve primarily abutting commercial and/or industrial uses.
Streetcar.
See Transit.
Streetscape.
The design elements that constitute the physical makeup of a street and that as a group define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, signs and lighting.
Structure.
That which is built or constructed. An edifice or building of any kind or any constructed or erected object built up or composed of parts joined together in some definite manner, which requires location on the ground or which is attached to something having a location on the ground but may not be roofed. For floodplain management purposes, "structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Structured Parking.
Motor vehicle parking spaces, access drive aisles and ramps, constructed within a building with two or more stories, which are intended as an accessory use to the main use of the building. Structured parking does not include private garages for detached or attached single family dwellings or duplexes, but does include parking spaces integrated into a larger structure occupied by the primary use.
Study Area.
As used in Section 12.70.200, the geographic area encompassing the roadways and intersections required to be analyzed in a transportation study.
Substantial Construction.
An approved application shall have undertaken substantial construction when any of the following have taken place: utilities have been installed to serve the project; approved grading has been undertaken representing at least 25% of all the required preliminary grading; foundation excavation has occurred; foundation or building construction has occurred; street improvements are being installed; or a major physical improvement, required as part of the approved permit, has clearly begun. Substantial construction is not satisfied by simply having approved pre-construction plans or building permits, or by site clearing and grubbing. Actual physical improvements as identified above must have taken place.
Substantial Damage.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial Improvement.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Substantial improvement occurs when the alteration of any wall, ceiling, floor, or other structural part of a structure begins, whether that alteration does or does not affect the external dimensions of the structure. Substantial improvement does not include:
A. 
Improvements to correct existing violations of State or local health, sanitary, or safety code specifications identified by the local code enforcement official which are the minimum necessary to assure safe living conditions; or
B. 
Alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
Subdivide Land.
To divide a unit of land into 4 or more lots. The review process and approval criteria for a subdivision are specified in Section 12.80.098. For purposes of this Code, subdivision and subdivide land are not used in reference to middle house land division, unless specifically indicated.
Subdivision.
Either the act of subdividing a unit of land or the unit of land subdivided.
Sufficient Infrastructure.
When used in the evaluation of public services provided to a new triplex, quadplex, townhouse, or cottage cluster in middle housing zones, all of the following levels of public services shall be defined as "sufficient infrastructure":
A. 
Connection to a public sewer system capable of meeting established service levels;
B. 
Connection to a public water system capable of meeting established service levels;
C. 
Access to the City's public street system via public or private streets that meet adopted emergency vehicle access standards; and
D. 
Storm drainage facilities capable of meeting established service levels for storm drainage.
Testing Laboratories.
See Marijuana Facilities, Testing Laboratories.
Third Place.
A location which is neither "home" nor "work," which functions as a gathering place for social interaction. Third places can be either indoors or outdoors, and either publicly or privately owned.
Townhouse.
See Housing Types.
Tract.
A unit of land created by partition or subdivision, created for and limited by deed restriction or dedication to a specific use, including but not limited to access, utility placement, vehicle storage, open space, or significant natural resource areas. In phased developments, the term may also be used to describe units of land intended for future development. See also Lot and Parcel.
Traffic.
As used in Transportation Studies (see Section 12.70.200):
A. 
Background Traffic
is the combination of existing traffic and in-process traffic. Background traffic may also include trips calculated using a growth rate or model forecast instead of or in addition to in-process traffic.
B. 
Development Traffic
is the number of trips anticipated to be generated by the proposed development, generally calculated based on the Institute of Transportation Engineers Trip Generation Manual or other acceptable transportation planning practice.
C. 
Existing Traffic
is the current traffic volume on study roadways and intersections, typically based on physical traffic counts.
D. 
In-Process Traffic
is the projected traffic from approved developments not yet occupied. For developments within the South Hillsboro Plan District, In-Process Traffic shall also include trips vested for each phase of development within the South Hillsboro Plan District approved through an executed Annexation Agreement or Development Agreement.
E. 
Total Traffic
is the combination of background and development traffic.
Traffic Calming Measures.
Physical elements within or adjacent to a roadway which are designed to reduce motor vehicle speeds and alter driver behavior in the interest of street safety, livability and other public purposes.
Traffic Direction.
A. 
Downstream.
The direction toward which traffic is moving.
B. 
Upstream.
The direction from which traffic is approaching.
Traffic Impact Analysis (TIA) as known as Traffic Impact Study.
A technical report intended to assess the potential impact of new development on the public transportation system. A TIA typically analyzes a development's future impact on roadway capacity, level of service, safety, access provisions, and determines if any on-site and off-site mitigation is needed. Methodology for TIA is described in Section 12.70.200.
Traffic Management Plan.
A report usually prepared in conjunction with a TIA, that identifies potential traffic impacts and appropriate measures to mitigate such impacts.
Transit.
Scheduled passenger transportation services provided by public, private, or non-profit entities. Examples of transit include bus service and the following:
A. 
Bus Rapid Transit.
A transit system using buses, serving major transit routes with limited stops on routes where the bus route is physically separated from other modes. Bus Rapid Transit is intended to emulate light rail transit in speed, frequency and comfort.
B. 
Commuter Rail.
Transit service on existing freight ("heavy") rail tracks, either exclusively or shared with freight use. Commuter rail service typically focuses on peak periods but can be offered at other times when demand exists and where rail capacity is available. Commuter rail stations are typically located 1 or more miles apart.
C. 
Frequent Bus Service.
Frequent bus service offers local and regional bus service with stops approximately every 750 to 1000 feet, providing corridor service rather than nodal service along selected arterial streets. This service typically runs at least every 15 minutes throughout the day and on weekends though frequencies may increase based on demand, and it can include transit preferential treatments, such as reserved bus lanes and transit signal priority, and enhanced passenger infrastructure along the corridor and at major bus stops, such as covered bus shelters, curb extensions, special lighting and median stations.
D. 
High Capacity Transit.
A form of public transit distinguished from local service transit such as bus lines by higher speeds, fewer stops, more passengers, and more frequent service. High capacity transit includes light rail, commuter rail, bus rapid transit and rapid streetcar transit.
E. 
Light Rail Transit.
A high-capacity transit system operating on fixed tracks, which may or may not be located in a street right-of-way.
F. 
Streetcar.
A relatively lightweight passenger railcar operated either singly or in a short train, on fixed rails in right-of-way which may or may not be separated from motor vehicle traffic. Streetcars operate among neighborhoods within cities, as opposed to among cities.
Transit Center.
A hub location where transit lines or routes for multiple transit modes meet to facilitate transfers.
Transit Park and Ride.
Any surface parking lot or parking structure located at a transit stop which provides automobile and bicycle parking.
Transit Route.
Any public or private right-of-way where transit service is currently provided or a location planned for future transit service as identified on the Transit Master Plan in the Transportation System Plan or other adopted City plans.
Transit Route, Major.
A transit route which serves areas planned and zoned for higher population and employment densities such as Metro 2040-designated regional centers, town centers, employment centers, main streets, station communities, and corridors. As used in this definition, "major transit routes" are limited to the streets shown on Figure 12.01.500-G:
Figure 12.01.500-G: Major Transit Routes
_CDC--Image-9.tif
Transit Stop.
Any area posted as a transit stop where transit passengers board or exit.
A. 
Transit Stop, Major.
An existing transit stop, or one shown in an adopted city plan, located on a major transit route.
B. 
Transit Stop, Minor.
An existing transit stop not located on a major transit route.
Transit Station.
Land owned or held through permanent easement by a transit provider, on which facilities related to a high capacity transit stop are located, such as a station platform, park and ride lots, larger shelters, bike station, information kiosks, public art, and other similar facilities. Land intended for future use as a transit station is called a "transit station site."
Transit-Supportive.
A use or development which supports transit, pedestrian and bicycle mobility and which is designed with pedestrian-friendly features and connectivity improvements which reduce conflicts among vehicles, pedestrians, and bicycles.
Transportation System Plan.
The adopted transportation system plan of the City of Hillsboro, cited in the Hillsboro Comprehensive Plan.
Trim.
When used in the context of window or door trim, trim means wood or other rigid material abutting the window or door on at least 3 sides, which is distinct from the siding. On brick, stone or stucco façades, trim can be formed by insetting (recessing) the window or door into the wall a minimum of 1 inch.
Usable Open Space.
Areas planned and improved to provide opportunities for active recreation, passive relaxation, or community interaction, and which are accessible to the general public or to residents, employees or customers in common. Examples include plazas, courtyards, private parks, sport fields and courts, and viewpoints overlooking natural resource areas. Usable Open Space does not include public parks unless the parks were approved as Usable Open Space and conveyed to the City.
Use.
The activity or operation for which land or a structure is designed or constructed, or for which it is occupied or maintained.
Vegetation Removal.
Removal of site vegetation through cutting, clearing, grubbing, mowing, or similar activities. Vegetation removal does not include routine maintenance of landscaped areas or removal of individual diseased or dead plants, shrubs or trees.
Vision Clearance Area.
An area adjacent to a street or a railroad, in which sight obstructing plantings or structures may be restricted to improve traffic safety. Standards for vision clearance areas are specified in Section 12.50.260.
Visitability.
A term used to describe building design features which allow persons with mobility impairments to visit, but not necessarily to live, in a dwelling. Dimensions and Standards for visitability are included in Subsection 12.50.930.G.
Volume-to-Capacity Ratio (V/C)
is a measurement of roadway capacity utilization. It is expressed as a ratio, in which the numerator is traffic volume and denominator is the available capacity of a roadway, intersection, lane group or movement, both expressed in trips per time period. A V/C ratio < 1.0 represents traffic volume less than the carrying capacity of a roadway, whereas a V/C ratio > 1.0 represents traffic volume that exceeds the carrying capacity of a roadway.
Waiver of Remonstrance.
See definition of Non-Remonstrance Agreement in Hillsboro Municipal Code 3.16.010.
Walkway.
A transportation facility built for use by pedestrians, usually located outside a street right-of-way or tract. Examples of walkways include pedestrian paths and nature trails.
Water-Dependent.
For purposes of floodplain management, a structure for commerce, industry, or recreation that cannot exist in any other location and is dependent on the water or proximity to water due to the intrinsic nature of its operations or function.
Water Impoundment.
A temporary or permanent, human-made body of water, excluding above-ground or in-ground swimming pools, hot tubs, or spas with surface areas less than 650 square feet. Water impoundments include wastewater treatment settling ponds, storm water swales, detention and retention ponds, artificial lakes and ponds, and similar water features. An expansion of an existing water impoundment is considered a new impoundment except where such expansion was authorized by the City prior to November 5, 2009.
Wetland.
An area inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
A. 
Wetland, Significant.
A wetland that both meets the Department of State Lands definition of a Locally Significant Wetland and is listed on the Local Wetlands Inventory. Significant wetlands may be either associated with a stream or hydrologically isolated.
B. 
Wetland, Non-Significant.
A wetland that does not meet the Department of State Lands definition of a Locally Significant Wetland and does not appear on the Local Wetlands Inventory. Development in non-significant wetlands is not regulated by this Code, but does require Department of State Lands notification under ORS 227.350.
Wholesale Sales.
See Marijuana Facilities, Wholesale Sales.
Wildlife Habitat.
An area upon which wildlife depends in order to meet their requirements for food, water, shelter, and reproduction as defined in OAR 660-023-0110.
Yard.
The area between a structure and a property line. See also Setback. Types of yards are illustrated in Figure 12.01.500-H.
A. 
Yard, Front (Interior Lot).
The yard between the side lot lines from the front lot line to the nearest point of the structure.
B. 
Yard, Front (Corner Lot).
Any yard abutting a front lot line.
C. 
Yard, Interior (Corner Lot).
Any yard other than a front yard.
D. 
Yard, Rear.
The yard between side lot lines from the rear lot line to the nearest point of the main structure.
E. 
Yard, Side.
The yard between the front and rear yard from the side lot line to the nearest point of the structure. The term "street side yard" may be used to indicate a front yard on a corner lot.
Figure 12.01.500-H: Types of Yards
_CDC--Image-10.tif
(Ord. 6110 § 2, 2015; Ord. 6116 § 1, 2015; Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6160 § 1, 2016; Ord. 6178 § 1, 2016; Ord. 6192 § 1, 2016; Ord. 6250 § 1, 2017; Ord. 6275 § 1, 2018; Ord. 6276 § 1, 2018; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6323 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6408 § 1, 2022; Ord. 6410 § 1, 2022; Ord. 6417 § 1, 2022; Ord. 6451 § 1, 2023; Ord. 6465 § 2, 2024; Ord. 6467, 3/5/2024)
As used in this Code, the following acronyms and abbreviations reference the statute, agency, organization or item indicated:
ADA
The Federal Americans with Disabilities Act of 1990 (P.L. 101-336)
ADT
Average Daily Traffic
ADU
Accessory Dwelling Unit
ASCO
Airport Safety and Compatibility Overlay (zone)
Corps
U.S. Army Corps of Engineers
County
Washington County
CDC
Community Development Code
CCRs
Covenants, Conditions and Restrictions
COH
City of Hillsboro
CWS
Clean Water Services District
D&C
(Public Works) Design and Construction (Standards)
DLCD
Oregon State Department of Land Conservation and Development
DLUT
Washington County Department of Land Use and Transportation
DSL
Oregon Department of State Lands
FAA
Federal Aviation Administration
FIL
Fee-in-Lieu
FAR
Floor Area Ratio
FEMA
Federal Emergency Management Agency
FIRM
Flood Insurance Rate Map
Ft.
Feet or foot
FHA
The Federal Fair Housing Act of 1968 (PL 90-284) Title VIII
GFA
Gross Floor Area
HLAC
Historic Landmarks Advisory Committee
HOA
Homeowners Association
HCP
Hillsboro Comprehensive Plan
HCT
High Capacity Transit
HMC
Hillsboro Municipal Code
ITE
Institute of Transportation Engineers
LCDC
Oregon State Land Conservation and Development Commission
LIDA
Low Impact Development Approach
LOS
Level of Service
LUBA
Oregon State Land Use Board of Appeals
LRT
Light Rail Transit
Metro
Metropolitan Service District
NFA
Net Floor Area
OAR
Oregon Administrative Rule
ODA
Oregon Department of Aviation
ODOT
Oregon Department of Transportation
ORS
Oregon Revised Statute
ORSC
Oregon Residential Specialty Code
OSSC
Oregon Structural Specialty Code
PCEP
Public Communications and Engagement Plan
PEC
Public Engagement Committee
POA
Property Owners Association
PUD
Planned Unit Development
PUE
Public Utility Easement
PW
Public Works Department
RFO
Regulatory Floodplain Overlay (zone)
ROW
Right-of-Way
SCPA
Station Community Planning Area
SNRA
Significant Natural Resource Area
SNRO
Significant Natural Resource Overlay (zone)
SNRP
Significant Natural Resources Permit
SPL
Service Provider Letter
Sq. ft.
Square Feet or Square Foot
TDT
Transportation Development Tax
TIA
Traffic Impact Analysis
Tri-Met
Tri-County Metropolitan Transit Service District
TPR
Statewide Transportation Planning Rule OAR 660-12-0060
THPRD
Tualatin Hills Park and Recreation District
TSP
Transportation System Plan
US
United States
V/C
Volume to Capacity (ratio)
(Ord. 6120 § 1, 2015; Ord. 6192 § 1, 2016; Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022; Ord. 6437 § 1, 2023)