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.
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.
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.
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.
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
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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 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
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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.
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.
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.
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.
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.
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.
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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.
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.
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:
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Delineation(s) of Significant Natural Resource boundaries;
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Descriptions of the condition of the natural resources within
the specified boundaries;
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Analyses of development impacts on the Significant Natural Resources;
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Descriptions of measures to prevent or reduce negative development impacts; and
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Provisions of mitigation and enhancement plans.
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Specifications for preparation of environmental reports are cited in Section 12.80.130.
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Environmental Report, Abbreviated.
A site report which includes the following elements:
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Location of proposed structures or vegetation removal on site maps and photographs;
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Descriptions of the condition of the natural resources within
the areas proposed to be impacted;
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Analyses of development impacts on the Significant Natural Resources;
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Documentation that the proposed development can be done in compliance with the applicable criteria in Section 12.80.130.
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Specifications for preparation of abbreviated environmental reports are cited in Section 12.80.130.
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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.
Fill.
Any deposit of earth or mineral material by human action.
The term fill may also be used to describe the deposited
material.
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."
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:
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Areas where the elevation of the floor is 4 feet or more below
the lowest elevation of an adjacent right-of-way;
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Roof area, including roof top parking;
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Roof top mechanical equipment;
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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.
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Vent shafts, underground parking spaces, uncovered steps and
exterior balconies.
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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.
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.
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.
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
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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.
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:
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Residents of residential homes; and
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Residents of residential facilities with eight
or fewer persons.
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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.
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.
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.
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.
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
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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
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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
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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.
Major Retail Use.
A retail operation with 60,000 square feet or more of net floor area per building or business.
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.
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.
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.
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-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.
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 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 Director.
The Planning Director of the City of Hillsboro or the Planning
Director's designee.
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.
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.
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 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.
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:
•
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Built on a single chassis;
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•
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400 square feet or less when measured at the largest horizontal
projections;
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•
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Designed to be self-propelled or permanently towable by a light-duty
truck; and
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•
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Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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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;
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•
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Interior structural improvements or vertical additions that
do not affect existing building footprints or impervious
areas on a site; or
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•
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Replacement of structures due to a catastrophic
event such as fire.
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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.
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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.
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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.
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.
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
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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.
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.
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.
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.
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.
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 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
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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.
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.
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.
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.
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
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(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)