There are 5 overlay zones in the City:
A.
RFO
Regulatory Floodplain Overlay zone;
B.
SNRO
Significant Natural Resource Overlay zone;
C.
CRO
Cultural Resource Overlay zone;
D.
PUD
Planned Unit Development; and
E.
SID
Special Industrial District.
(Ord. 6401 § 1, 2022)
Overlay zones are applied on properties or portions of properties
to modify or supplement the regulations of the underlying base zone
in recognition of historic sites, environmental conditions, external
environmental impacts, or regulatory requirements. The Regulatory
Floodplain Overlay zone implements the FP Floodplain Comprehensive
Plan Land Use Map designation and the requirements of the National
Flood Insurance Program in areas that the Federal Emergency Management
Agency and the City Floodplain Administrator have deemed to be at
risk of flooding according to best available data on the boundaries
of the Base Flood and the Base Flood Elevation at a given location.
The Significant Natural Resource Overlay zone and the Cultural Resource
Overlay zone implement Comprehensive Plan goals and policies. The
Special Industrial District is applied only on land with the Industrial
Plan Designation, to implement certain Metro goals regarding retention
of large industrial lots. Except as noted in this Subchapter, overlay
zone provisions do not change Use Category status or the development
standards of the underlying base zone. Boundaries of an overlay zone
may be either property lines or site-specific environmental boundaries.
(Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
A.
Common
Elements. Each section in this Subchapter contains the following components.
Due to the unique character of each overlay zone, sequence and terminology
varies among zones.
1.
Purpose.
Purpose statements for each overlay zone are descriptive of the overlay's
characteristics and intent, and are drawn from the Comprehensive Plan
and/or the Community Development Code. Purpose statements are informational
and not intended to be regulations.
2.
Applicability.
Each overlay zone is applied based on specific conditions as described
in each section. Overlay zones may be applicable to an entire property
or to a portion of property. More than 1 overlay zone may apply to
a property or portion thereof.
3.
Administration
and Regulatory Coordination. Land Uses and development activities
in some overlay zones may be subject to regulation by other agencies.
The jurisdiction of these agencies may vary within an overlay zone.
4.
Regulations
on Permitted Uses or Activities. The Use categories status or development
standards of the underlying base zone may be modified or supplemented
to accomplish the purpose of the overlay zone in reducing negative
impacts on an identified resource.
5.
Applications
and Processes for Land Use Approvals. Certain types of land use application
approvals are required in most overlay zones to accomplish the purposes
of the zone. Submittal materials and criteria for these applications
are also related to demonstrating compliance with the purposes of
the overlay zone.
6.
Establishment
or Modification of Overlay Boundaries. The boundaries of some overlay
zones may be subject to change either through development activity
or environmental conditions. Each overlay zone has a unique process
to establish or modify the overlay boundary.
(Ord. 6401 § 1, 2022)
The Regulatory Floodplain Overlay includes the following sections:
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12.27.105
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Purposes
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12.27.107
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Liability
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12.27.110
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Applicability, Code Interpretation, and Floodplain Boundary/Base
Flood Elevation Interpretation.
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12.27.115
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Administrative and Regulatory Coordination
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12.27.120
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Uses and Activities Permitted
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12.27.125
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Uses and Activities in the Floodway
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12.27.130
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Minor Uses and Activities Permitted with Type II Approval
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12.27.135
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Major Uses and Activities Permitted with Type III Approval
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12.27.140
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Additional Standards
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12.27.145
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Variances from RFO Standards
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(Ord. 6401 § 1, 2022)
Consistent with the provisions of the Code of Federal Regulations related to local administration of the National Flood Insurance Program (44 CFR 59–76); Oregon Revised Statute 197.175; Article XI, section 2 of the Oregon Constitution; and the Purpose of the Community Development Code cited in Section 12.01.110, the City of Hillsboro has responsibility for planning, adopting, and enforcing land use regulations to manage floodplains identified by FEMA
or as otherwise identified by the Floodplain Administrator or City
Engineer within the jurisdiction of the City of Hillsboro. The Regulatory
Floodplain Overlay (RFO) zone is established for the following purposes:
A.
To
reduce potential danger and serious damage to life and property from
flooding;
B.
To
regulate topographic alterations within the floodplain that may affect
upstream or downstream flood levels;
C.
To
regulate use of areas subject to flooding and encroachment into the
floodplain by restricting Uses subject to flood damage; and
D.
To
reduce the financial burden on the community that results from flood
damage.
E.
To
protect the beneficial ecological, hydraulic, and hydrologic functions
of floodplains.
(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
The degree of flood protection required by this Community Development
Code is based on scientific and engineering considerations and is
considered reasonable for regulatory purposes. Larger floods can and
will occur on rare occasions, and flood heights may be increased by
man-made or natural causes. This Community Development Code is not
intended to imply and should not be construed to mean that land outside
floodplain areas or uses permitted within floodplains will be free
from flooding or flood damages at all times. Nothing in this Community
Development Code creates any liability on the part of the City of
Hillsboro, any officer or employee thereof, or the Federal Insurance
and Mitigation Administration for any flood damage that may result
from reliance on this Community Development Code or any administrative
decision lawfully made hereunder.
(Ord. 6192 § 1, 2016; Ord. 6401 § 1, 2022)
A.
Applicability.
1.
The
Regulatory Floodplain Overlay (RFO) zone applies to areas
of special flood hazard (also known as the "1% annual chance
floodplain," "100-year floodplain," "floodplain")
identified by the Federal Insurance Administration in a scientific
and engineering report titled "Flood Insurance Study for Washington
County, Oregon and Incorporated Areas" dated October 19, 2018, with
accompanying Flood Insurance Maps, which are hereby adopted by reference
and declared to be a part of the Community Development Code. The Flood
Insurance Study is on file and available at the Planning Department
at 150 E Main Street, Hillsboro, Oregon. The Flood Insurance Study
and accompanying FIRMs are hereby adopted by reference and declared
to be a part of this ordinance. The RFO may also apply to areas identified
by the Floodplain Administrator or City Engineer under paragraph B,
Boundary Interpretation, below. All proposed construction, including
placement of manufactured homes, in the RFO requires a Floodplain Activity Permit (see CDC Section 12.80.070 Floodplain Activity), except construction meeting the standards of Section 12.27.120.
2.
No
structure or Use shall be located, extended, converted, expanded,
enlarged, replaced, or structurally altered within the boundaries
of the RFO without compliance with this Subchapter.
3.
No
topographic alteration shall occur within the boundaries of the RFO
without compliance with this Subchapter.
4.
These
requirements are in addition to the standards of the underlying base
zone and to any other standards in this Subchapter. Where conflicts
may occur among standards, the standards of this Subchapter supersede
all other standards.
B.
Code Interpretation. An applicant may request a Director's Interpretation of the provisions of the CDC under Section 12.80.050. In the interpretation and application of this subchapter, all provisions shall be:
C.
Floodplain Boundary/Base Flood Elevation Interpretation. The City Engineer and Floodplain Administrator are authorized to make interpretations of the exact location of the boundaries of the RFO (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) and to interpret the National Flood Insurance Program data, local data, and data from other parties to determine the location of special flood hazard area boundaries. The City Engineer and Floodplain Administrator are authorized to interpret the effective Flood Insurance Study to determine the approximate Base Flood Elevation when the project location is between locations where FEMA specifies a Base Flood Elevation in the Flood Insurance Study. The City may obtain, review, and reasonably utilize any flood-related data available from a Federal, State, or other source to administer Section 12.27.100 and may require the applicant to submit a survey of site topography prepared by a Professional Land Surveyor.
(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
B.
Responsibilities
of the Local Floodplain Administrator. The Local Floodplain Administrator
shall ensure that:
1.
The
requirements of the Regulatory Floodplain Overlay have been satisfied
on any development therein;
2.
All
development permits are reviewed to determine that all necessary permits
have been obtained from those Federal, State, or local governmental
agencies from which prior approval is required;
3.
All development permits are reviewed to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 12.27.100 are met;
4.
Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 12.27.110, the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement, are obtained and recorded;
5.
For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in Section 12.27.110:
6.
Subdivision
proposals and other proposed new development, including manufactured
home parks or subdivisions, are reviewed to determine whether such
proposals will be reasonably safe from flooding. If a subdivision
includes new development in a flood-prone area, any such proposals
shall be reviewed to assure that:
a.
such proposals minimize potential for flood damage within the flood-prone
area,
b.
all public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage,
c.
adequate drainage is provided to reduce exposure to flood hazards,
and
7.
If
the base flood elevation has not been provided or is not available
from another authoritative source, it is generated for subdivision
proposals and other proposed developments of at least 50 lots or 5
acres (whichever is less), and all permits are reviewed that the building
sites are expected to be reasonably safe from flooding;
C.
Other
Affected Agencies. The regulations of other agencies may apply to
development proposals and other projects within the floodplain. These
agencies include the Federal Insurance Administration, the Federal
Emergency Management Agency, the U.S. Army Corps of Engineers, the
Oregon Department of State Lands, the U.S. Fish and Wildlife Service,
the Environmental Protection Agency, the Oregon Department of Fish
and Wildlife, Washington County, and Clean Water Services.
D.
Notification.
The City will notify affected agencies, adjacent communities, and
the Department of Land Conservation and Development of specific development
proposals and watercourse alterations within the floodplain prior
to the issuance of City permits. Applicants are encouraged to contact
affected agencies before development plans are completed to determine
requirements and restrictions that may be imposed by those agencies.
The Floodplain Administrator shall submit evidence of such notifications
to the Federal Insurance Administration.
E.
Agency
Coordination and Approvals.
1.
When
a development will alter a watercourse within the floodplain, modify
floodplain boundaries, or modify Base Flood Elevations, the person
responsible for the development or other project shall obtain conditional
approvals or comments from other affected agencies, including FEMA,
and submit the approvals or comments to the City prior to requesting
City permits and inspections, commencing work on the site in the floodplain,
and/or after completing work on the site, as determined by the City.
Such approvals or comments shall include, but may not be limited to:
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An application for a Conditional Letter of Map Revision from
FEMA, which may entail site-specific studies prepared by a qualified
expert of habitat (e.g., Endangered Species), hydrology, hydraulics,
and/or other topics related to the project or its impacts; and
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An application for a Letter of Map Revision (LOMR) submitted
to FEMA depicting as-built conditions within 6 months of project completion.
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2.
The
applicant is responsible for completing and submitting application
forms, pre-paring technical data and studies to support evaluation
of the applications, and paying any processing or application fees
to other agencies. The complete submittal packages (applications as
well as supporting documentation and models) shall be provided to
the City upon request.
3.
The
Floodplain Administrator and City Engineer are under no obligation
to sign a Community Acknowledgement Form for a FEMA application until
it has been demonstrated that the project as proposed meets the requirements
of this Code and all applicable State and Federal laws.
4.
The
applicant shall construct the project as approved and required by
any applicable reviews, conditions of approval, and/or permitting
processes. If deviations from or revisions to reviewed or approved
plans are desired, the applicant shall request authorization in advance
from the City as well as other regulatory agencies. The City may require
additional reviews, public notices, and/or permits prior to authorizing
deviations from approved project plans.
(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
A.
Permitted Uses and Activities. If allowed in the underlying base zone, the following Uses and activities may be permitted in the RFO without the approval of a Floodplain Activity permit, subject to a review by the Floodplain Administrator of the activities proposed as well as the applicant's compliance with the standards listed in subsection B below:
1.
Agricultural Uses (excluding raising livestock) with no structures except boundary fences that have been approved under a Fence Permit per Section 12.80.060;
2.
Residential accessory Uses not including structures, topographic alterations,
or buildings;
3.
Recreational
Uses including minor structures (such as picnic tables or barbecues),
provided the minor structures are firmly anchored and built of flood-resistant
materials;
4.
Underground
utility facilities constructed and installed to minimize water damage
and flood water infiltration;
5.
Repair,
reconstruction, or improvements to an existing structure, provided
that the project is not a substantial improvement, is within the existing footprint of the structure, and is constructed
to minimize flood damage through use of flood-resistant materials,
anchoring, elevation, and protection of on-site public and private
utilities;
6.
Construction
of public streets, light rail transit tracks and associated bridges
and crossings, bikeways, and footpaths which implement the adopted
Transportation System Plan, in compliance with the following standards:
7.
Projects
whose primary purpose is wetland or floodplain, restoration, or other
enhancement, and that do not involve topographic alterations.
B.
Standards for Permitted Uses and Activities. The Uses and activities in subsection A are permitted only in compliance with the following standards:
1.
The
Uses or activities remain in compliance with applicable Federal, State,
and local requirements; and
2.
Unless
otherwise determined by the Review Authority, a registered professional
civil engineer has certified that, based on hydrologic and hydraulic
analyses performed in accordance with standard engineering practice,
the Use or activity will not reduce the site's capacity to carry the
base flood or cause any increase in the base flood level.
(Ord. 6149 § 1, 2015; Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
A.
Development
Permit Review. All development permits shall be reviewed to determine
if the proposed development involves the floodway.
B.
Allowed
and Prohibited Uses. With the exception of the Uses listed below,
no use, activity, encroachment, alteration, development, or construction
shall be allowed in the floodway:
C.
Standards
for Uses and Activities Allowed in the Floodway. All Uses and activities
allowed in the floodway shall comply with the following standards:
1.
Certification
by a registered professional civil engineer is provided demonstrating
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice (e.g., a "no-rise analysis") that
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge; and
(Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
The Uses listed in Table 12.27.130-1 may be permitted in the RFO subject to the listed standards, upon approval of an administrative Minor Floodplain Activity or Use (FA). The criteria for approval of a minor FA are listed in Section 12.80.070. An application for a minor FA shall be processed as a Type II procedure under the provisions of Section 12.70.040. The Planning Director may determine that an application for Minor Floodplain Activity should be processed as a Type III procedure, based on the factors in Subsection 12.80.070.C.3.
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Table 12.27.130-1:
Minor Floodplain Activities and Uses with Applicable Standards
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Use
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Standard / Clarification
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Public or Private streets not implementing the TSP; parking
spaces not required by this Code
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Must be constructed at existing grade or meet the standards
for topographic alterations.
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Storage of material or equipment
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If not readily removable, the material or equipment must be
anchored to prevent flotation or obstruction of flood water.
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Above-ground utility structures
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Shall be constructed and installed to minimize flood damage
and infiltration; and
A registered professional civil engineer has certified based
on hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the Use will not reduce the site's
capacity to carry the Base Flood or cause any increase in the Base
Flood level.
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Accessory structures
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Cannot be used for human habitation;
Shall be designed to have low flood damage potential;
Shall be constructed and sited to minimize resistance to water
flows during flooding through equalization of hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of
floodwaters. Designs for complying with this requirement must be certified
by a registered professional civil engineer or licensed architect
or shall be designed such that:
• A minimum of two openings with a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding is provided,
• The bottom of all openings shall be no higher
than one foot above the higher of the exterior or interior grade or
floor immediately below the opening,
• Openings are equipped with screens, louvers,
valves or other coverings or devices that permit the automatic flow
of floodwater in both directions without manual intervention;
Shall be firmly anchored to prevent flotation and lateral movement;
Shall have service facilities such as electrical and heating
equipment elevated or floodproofed; and
Shall not increase the base flood elevation.
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Raising of livestock
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In compliance with Municipal Code.
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Reconstruction or repair of damaged existing structure
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If repair costs exceed 50% of the market value of the structure
before the damage occurred, the Floodplain Activity will be evaluated
as a substantial improvement and shall require a
Type III Major Floodplain Activity Permit.
Includes repair or replacement of private underground water
and/or sanitary systems.
Improvements to existing structures shall meet current NFIP
standards for elevation and/or floodproofing to the extent practicable.
Projects may also be subject to Chapter 12.30.
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Structural additions, and/or replacement construction (new building
area within the existing building footprint), to an existing structure
that are not substantial improvements
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Any addition(s) or replacement construction must meet the standards
for either elevated structures or floodproofed non-residential structures
in Table 12.27.135-1 except the standards for topographic alterations;
and
No more than 50% of the original value of the structure may
be added in a 10-year period without being permitted as a substantial improvement, which is a Major Floodplain Activity
per Table 12.27.135-1.
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Topographic alterations, including cutting, filling, grading,
paving, mining, dredging, drilling, or other operations
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No more than 30% of the total site area within the RFO (prior
to the floodplain activity) is topographically altered;
Fills are balanced by corresponding cuts to retain the on-site
storage capacity of the floodplain;
Cuts and fills are not more than 5 feet deep or are commensurate
with the surrounding topography;
No alterations are made below the lowest current elevation on
the site;
New slopes created by the alteration that will be below the
site's Base Flood Elevation are either: (1) no greater than 20%, or
(2) certified to remain permanently stable under a variety of hydraulic
flow conditions in a stamped geotechnical report;
All impacted areas are stabilized from erosion with vegetation
or other means;
All activity is conducted to avoid disturbing areas adjacent
to the alteration. If disturbed, adjacent areas disturbed shall be
restored to their natural state;
All alteration activity and stabilization within the RFO is
completed between May 1st and September 30th of the same year or as
approved by the City Engineer;
Any water impoundment resulting from the alteration within the RFO is permitted in the RFO under Section 12.27.120;
A registered professional civil engineer has certified that
the topographic alteration will not increase the elevation of the
base flood; and
A no-rise analysis prepared and stamped by a registered professional
civil engineer may be required.
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(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
The Uses listed in Table 12.27.135-1 may be permitted in the RFO subject to the listed standards, upon approval of a quasi-judicial Major Floodplain Activity or Use (FA). The criteria for approval of a major FA are listed in Section 12.80.070. An application for a major FA shall be processed as a Type III procedure under the provisions of Section 12.70.050.
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Table 12.27.135-1:
Major Floodplain Activities and Uses with Applicable Standards
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Use
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Standard / Clarification
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Recreation vehicle parks or camping areas
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Recreational vehicles or equipment shall not be placed in the
floodplain for more than 180 consecutive days and shall be removed
from the floodplain entirely during the months of November, December,
and January;
Recreational vehicles on sites in the Regulatory Floodplain
Overlay must be fully licensed, ready for highway use on wheels or
jacking systems, and attached to the site only by quick-disconnect
type utilities and security devices;
Permanently attached additions to recreational vehicles on sites
in the Regulatory Floodplain Overlay are not permitted; and
All on-site improvements not intended for removal during flood
risk periods shall be constructed to minimize flood damage in accordance
with the Community Development Code.
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Reconstruction or repair of a damaged existing structure
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Reconstruction or repair of a damaged existing structure where
project costs exceed 50% of the market value of the structure before
the damage occurred shall be evaluated as a Type III Major Floodplain
Activity and the entire structure brought up to current standards.
(If project costs are less than 50% of the market value of the structure
before the damage occurred, the Floodplain Activity may be evaluated
as a Type II Minor Floodplain Activity process whereby only the improvements
need meet current standards.)
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Below-grade crawlspaces
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Any crawlspaces under the structure shall comply with FEMA and
Federal Insurance and Mitigation Administration guidelines as found
in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings
Located in Special Flood Hazard Areas.
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Specifically, below-grade crawlspaces are subject to the following
standards:
(1) Because of hydrodynamic loads, crawlspace
construction is not allowed in areas with base flood velocities greater
than 5 feet per second unless the design is reviewed and stamped by
a qualified design professional such as a registered architect or
professional engineer.
(2) The building shall be designed and adequately
anchored to resist flotation, collapse, and lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
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(3) As an enclosed area below the base flood
elevation (BFE), the crawlspace shall have openings that equalize
hydrostatic pressures by allowing the automatic entry and exit of
floodwaters. The bottom of each flood vent opening can be no more
than 1 foot above the lowest adjacent exterior grade.
(4) Portions of the building below the BFE
shall be constructed with materials and techniques resistant to flood
damage.
(5) Joists and insulation shall be above BFE.
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(6) Any building utility systems within the
crawlspace shall be elevated above BFE or designed so that floodwaters
cannot enter or accumulate within the system components during base
flood conditions. In particular, ductwork shall either be placed above
the BFE or sealed from floodwaters.
(7) The interior grade of a crawlspace below
the BFE shall not be more than 2 feet below the lowest adjacent exterior
grade.
(8) The height of the below-grade crawlspace,
measured from the interior grade of the crawlspace to the underside
of the floor framing, shall not exceed 4 feet at any point.
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(9) There shall be an adequate drainage system
that removes floodwaters from the interior area of the crawlspace.
The enclosed area shall be designed to drain completely within 72
hours after a flood event.
(10) FEMA Elevation Certificates may be required
to be filed with the Planning Department up to 3 times due to the
importance of verifying elevations before, during, and after construction:
(1) prior to issuance of a building permit; (2) upon placement of
the lowest floor, including the basement, and prior to further vertical
construction; and (3) prior to issuance of a certificate of occupancy
or approval of final inspections. Each FEMA Elevation Certificate
shall be prepared and sealed by a professional land surveyor.
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(11) The crawlspace complies with FEMA Technical
Bulletin 11-01, Crawlspace Construction for Buildings Located in Special
Flood Hazard Areas.
(12) The standards for topographic alterations
in Table 12.27.130-1 shall also be met.
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New elevated residential or nonresidential structures and elevated substantial improvements to residential or nonresidential
structures
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Fully enclosed areas below the lowest floor that are subject
to flooding are prohibited unless they are designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must be either be certified by a registered professional engineer
or architect or they must meet or exceed the following minimum standards:
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• At least 2 openings must be provided
with a total net area of at least 1 square inch for every square foot
of enclosed area below the elevation of the base flood elevation,
• The bottom sill of all openings is located
1 foot or less above grade, and
• Any screens, louvers, or other coverings
over the openings automatically allow entry and exit of flood waters;
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The structure is firmly anchored to prevent flotation, collapse
and lateral movement;
Where possible, access to the site shall be located outside
of the floodplain and/or above the elevation of the base flood. In
cases where the path of access must contain floodplain area, access
to the site shall be located at the highest adjacent public right-of-way;
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Parking for single detached and middle housing dwelling units
may be placed and/or constructed in the floodplain if such placement
allows a reduction in the amount of living area sited over the floodplain
or the amount of floodplain encroachment. Any enclosed parking areas
sited at or below base flood elevation shall be designed for minimal
floodplain encroachment and shall utilize construction techniques
to minimize potential for flood damage (e.g., wet floodproofing, flood
vents, etc.);
All substantial improvements and utility systems are constructed
of flood-resistant materials, using methods and practices that minimize
flood damage;
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All new utility systems serving the structure are designed,
elevated, or located to prevent entry of floodwaters;
All new water and sanitary sewer systems are designed and constructed
to minimize flood damage and infiltration;
Septic systems and any other on-site private waste disposal
systems are located above the base flood
Unless otherwise determined by the Review Authority, a registered
professional civil engineer has certified that the placement of the
structure will not reduce the site's capacity to carry the base flood,
nor cause any increase in the base flood level;
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Prior to the issuance of a building permit for an elevated structure,
a registered professional engineer or land surveyor shall certify
the following:
• The base flood elevation and the native
grade elevation at building site, and
• The as-built elevation of the finished
floor of the elevated structure is at least 1 foot above base flood
level; and
FEMA Elevation Certificates may be required to be filed with
the Planning Department up to 3 times due to the importance of verifying
elevations before, during, and after construction: (1) prior to issuance
of a building permit; (2) upon placement of the lowest floor, including
any basement, and prior to further vertical construction; and (3)
prior to issuance of a certificate of occupancy or approval of final
inspections. Each FEMA Elevation Certificate shall be prepared and
sealed by a professional land surveyor.
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Manufactured dwellings
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Manufactured dwellings shall follow the standards for Flood-Resistant
Construction in the Oregon Residential Specialty Code;
Manufactured dwellings supported on solid foundation walls shall
be constructed with flood openings as described in "Elevated structures
and structural additions" above and in FEMA Technical Bulletin 11,
Crawlspace Construction for Buildings Located in Special Flood Hazard
Areas;
The bottom of the longitudinal chassis frame beam in flood zones
shall be at or above BFE;
The manufactured dwelling shall be anchored to prevent flotation,
collapse, and lateral movement during the base flood. Anchoring methods
may include, but are not limited to, use of over-the-top or frame
ties to ground anchors (Reference FEMA's "Manufactured Home Installation
in Flood Hazard Areas" guidebook for additional techniques); and
Electrical crossover connections shall be a minimum of 12 inches
above BFE.
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Floodproofed nonresidential structures and floodproofed substantial improvements to nonresidential structures
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The structure is firmly anchored to prevent flotation and lateral
movement, with structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy;
The structure and all associated utility systems are floodproofed
below an elevation of 1 foot above the base flood elevation;
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All substantial improvements and utility systems are constructed
of flood-resistant materials, using methods and practices that minimize
flood damage;
All utility systems serving the structure are designed, elevated,
or located to prevent entry of floodwaters;
All new water and sanitary sewer systems are designed and constructed
to minimize flood damage and infiltration;
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Fully enclosed areas below the lowest floor that are subject
to flooding are prohibited, or shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must be either be certified by a registered professional engineer
or architect or must meet or exceed the following minimum criteria:
(a) A minimum of 2 openings having a total net area
of not less than 1 square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher
than 1 foot above grade.
(c) Openings may be equipped with screens, louvers,
or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters;
| |
|
Unless otherwise determined by the Review Authority, a registered
professional civil engineer has certified that the placement of the
structure will not reduce the capacity of the site to carry the base
flood, nor cause any increase in the base flood elevation;
The standards for topographic alterations in Table 12.27.130-1
are also met; and
The design and methods of construction shall be certified by
a registered professional engineer or architect as in accordance with
accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to
the Floodplain Administrator and maintained as public records according
to Section 12.27.115.B.
| |
|
Due to the importance of verifying floodproofing construction
elevations before, during, and after construction, FEMA Floodproofing
Certificates may be required to be filed with the Planning Department
up to 3 times: (1) prior to issuance of a building permit; (2) upon
placement of the lowest floor, including any basement, and prior to
further vertical construction; and (3) prior to issuance of a certificate
of occupancy or approval of final inspections. Each FEMA Floodproofing
Certificate shall be prepared and sealed by a professional land surveyor.
Note that floodproofing may result in higher insurance rates
than elevation. Flood insurance premiums are typically based on rates
that are 1 foot below the floodproofed level (e.g., a building floodproofed
to the base flood level will be rated as one foot below the BFE).
| |
(Ord. 6120 § 1, 2015; Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
Floodplain activity shall be subject to the additional standards
listed below.
A.
Floodplain
Location on Applications. The location of the Base Flood Elevation,
as established by the most current FIRM, Flood Insurance and Floodway
Maps, or the best available information, shall be shown on any development
application on property including floodplain areas, even if the application
proposes no activity or use in the floodplain. If the floodplain activity
involves a critical facility as described in Federal Emergency Management
Agency publication #543, the boundary of the 0.2% chance ("500-year")
floodplain as shown on the effective Flood Insurance Rate Map shall
be shown as well. If the Base Flood Elevation is not available, it
shall be calculated by a registered professional engineer.
B.
Alteration
of Watercourses Within the Floodplain.
1.
The
City shall notify Washington County, DLCD, the Corps, CWS, DSL, and
any adjacent jurisdictions prior to any alteration of watercourses
within the City and shall submit evidence of such notification to
the Federal Insurance Administration.
2.
An
alteration to watercourses within the floodplain must be approved
by the City Engineer prior to construction.
3.
An
alteration to watercourses within the floodplain shall be designed
and maintained so that flood-carrying capacity is not diminished.
4.
Approvals
and/or reviews from other agencies may be required (12.27.115.C and
E).
C.
In
areas where a regulatory floodway has not been designated, no new
construction, substantial improvements, or other development (including
fill) shall be permitted within Zones A1-30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
A.
Definition.
For floodplain management purposes, a Variance means a grant of relief
by a community from the terms of a floodplain management regulation.
B.
Criteria and Procedures. A variance from one or more of the RFO standards in Sections 12.27.120, 12.27.125,12.27.130, 12.27.135, and 12.27.140 may be approved by the Review Authority upon approval of a Variance. The criteria for approval of a Variance from RFO standards are listed in Subsection 12.80.152.E. An application for an RFO Variance shall be processed as a Type III procedure under the provisions of Section 12.70.050.
C.
Additional
Provisions Regarding RFO Variances.
1.
Variances
may be approved for the reconstruction, rehabilitation, or restoration
of structures listed on the National Register of Historic Places,
the State Inventory of Historic Places, or the Cultural Resource Inventory,
without regard to the Variance criteria in Subsection 12.80.152.E,
provided that the reconstruction, rehabilitation, or restoration does
not require a topographic alteration.
2.
Variances
as interpreted in the National Flood Insurance Program are based on
the general zoning law principle that they pertain to a physical piece
of property; they are not personal in nature and do not pertain to
the structure, its inhabitants, nor economic or financial circumstances.
As such, Variances from the requirements of the RFO should be quite
rare. Insurance premium rates are determined according to actuarial
risk and are not modified by the granting of a variance to the standards
of the RFO.
(Ord. 6192 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
The Significant Natural Resources Overlay includes the following
sections:
|
12.27.205
|
Purposes
|
|
12.27.210
|
Applicability, Exemptions, Boundary Interpretation and Modification
|
|
12.27.215
|
Administrative and Regulatory Coordination
|
|
12.27.220
|
Uses and Activities Permitted and Not Permitted
|
|
12.27.225
|
Natural Resource Enhancement
|
|
12.27.230
|
Special Provisions in Residential Land Divisions
|
|
12.27.235
|
Adjustments from Standards of Underlying Zoning
|
|
12.27.240
|
Preservation of SNR in Additional Usable Open Space or Landscaping
|
|
12.27.245
|
Development Standards in the SNRO
|
|
12.27.250
|
Compensatory Mitigation Standards
|
|
12.27.255
|
Natural Resource Management Plans for Major Transportation Facilities
|
(Ord. 6401 § 1, 2022)
The Significant Natural Resources Overlay zone (SNRO) is established
for the following purposes:
A.
Provide
Required Protection for Significant Natural Resources. The provisions
of this Subchapter meet Statewide Planning Goal 5 (ORS 197.015(8))
and OAR 660, Division 23 to inventory and protect Significant Natural
Resources according to specific procedures, standards and definitions.
Significant Natural Resources are those areas designated as Significant
Wetlands, Riparian Corridors and Wildlife Habitat 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.
B.
Balance
Conservation with Economic Use. Standards in this Subchapter conserve
and protect the functions and values of Significant Natural Resources
while allowing reasonable economic use of property where adverse impacts
to the resources can be mitigated.
C.
Evaluate
Development Proposals. Standards in this Subchapter provide means
to evaluate permitting developments, alterations and vegetation removal
that affect Significant Natural Resources.
D.
Improve
Intergovernmental Coordination. The provisions of the SNRO are intended
to enhance coordination between city, county, state, federal and other
jurisdictional agencies and regional planning efforts, including CWS,
Metro and the Tualatin Basin Goal 5 program, regarding alterations
and development activities in or near Significant Natural Resources.
(Ord. 6401 § 1, 2022)
A.
Applicability.
1.
The
Significant Natural Resources Overlay (SNRO) zone applies within the
Significant Natural Resource (SNR) Sites and Impact Areas as depicted
on the Significant Natural Resources Overlay Map, a portion of the
official Zoning Map, and 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 and Economic, Social, Environmental
and Energy (ESEE) analyses.
3.
As
depicted on the Significant Natural Resources Overlay map, Impact
Areas are measured adjacent to SNR sites as shown on Table 12.27.210-1:
|
Table 12.27.210-1:
Significant Natural Resource Impact Areas Widths
| ||
|---|---|---|
|
Resource Type/Location
|
Impact Area Width
|
Impact Width Point of Measurement
|
|
Significant Wetlands related to streams with or without Associated
Upland Wildlife Habitat:
| ||
|
• Rock Creek Tributary 2
|
65 feet
|
From the edge of the delineated wetland boundary
|
|
• Glencoe Swale Tributary 1
|
120 feet
| |
|
• Orenco Creek
| ||
|
• Rock Creek Tributary 3
| ||
|
All other streams
|
75 feet
| |
|
Isolated Significant Wetlands
|
50 feet
| |
|
Significant Wildlife Habitat
|
25 feet
|
From the edge of the tree canopy for the protection of the root-zone
|
|
Riparian Corridor and Associated Upland Wildlife Habitat
|
25 feet
| |
4.
Properties
containing SNR Sites and Impact Areas shall be subject to the requirements
of this Subchapter. These requirements are in addition to the standards
of the underlying base zone and to any other standards in this Code.
Where conflicts may occur among standards, the standards of this Subchapter
supersede all other standards.
5.
On
annexed properties previously identified as containing SNR sites or
Impact Areas under paragraph 1 above, the SNRO zone will be applied
during the rezoning process concurrent with annexation, pursuant to
paragraph C.2.b below.
B.
Exemptions.
1.
Limited
Impact Development. On a lot of record existing as of May 31, 2003,
development up to 200 square feet within a 5-year period is exempt
from these requirements.
2.
Infrastructure
Construction.
a.
Public Streets on Adopted Plans. Construction of a public street at a location specified in an adopted City plan is exempt from the standards and procedures in Sections 12.27.200 and 12.80.130, with the exception that such construction shall comply with Section 12.27.250 regarding compensatory mitigation.
b.
Public or Private Streets or Access not on Adopted Plans. Construction of a public or private street or access not specified in an adopted City plan is exempt from the standards and procedures in Sections 12.27.200 and 12.80.130, but is subject to the following standards:
i.
The construction is intended primarily to access buildable areas
of the property;
ii.
The improvements are designed and constructed to minimize encroachments
and impacts to the SNR area to the fullest extent practicable while
safely accommodating safe passage of vehicles, bicycles, and/or pedestrians;
iii.
The proposed access is the most practicable alternative based
on 2 factors:
|
•
|
The number of crossings through the SNR area is minimized by
use of shared access easements, tracts, or dedication of public right-of-way;
and
|
|
•
|
The location, design and construction would accommodate future
extension of the access to other potentially buildable areas;
|
iv.
The applicant has demonstrated that needed crossings would be constructed
using habitat-friendly practices consistent with Section 12.50.930.A.2.;
and
c.
Public Utilities on Adopted Plans. Construction of a public utility at a location specified in an adopted transportation plan is exempt from the standards and procedures in Sections 12.27.200 and 12.80.130, with the exception that such construction shall comply with Section 12.27.250 regarding compensatory mitigation.
d.
e.
Alternative Development Techniques. Street or utility construction
within a SNR area using methods other than specified in this subsection
is permitted only if the applicant can demonstrate the following:
C.
Boundary
Maintenance, Location, and Modification.
1.
Boundary
Maintenance. The Planning Director shall amend the SNRO Map to reflect
changes to SNR Site boundaries based on new boundary or resource level
information obtained as part of site-specific studies, annexations
to the City and other changes allowed by this Subchapter.
2.
Boundary
Location on Applications.
a.
The SNRO Map identifies only the general extent and location of SNR
sites and Impact Areas, including locations inventoried and mapped
prior to annexation pursuant to paragraph b below. Applications for
an SNR Permit shall include the surveyed and mapped precise location
of the SNR Site and Impact Area on the site.
b.
Properties not previously inventoried by the City that may contain
natural resources shall be inventoried by the City prior to annexation
and a significance determination made using the methodologies described
in the adopted City of Hillsboro Goal 5 Natural Resources
Inventory and Assessment Report. Natural resources determined
to be significant and their Impact Areas shall be added to the SNRO
as part of the rezoning process concurrent with annexation. An Economic,
Social, Environmental and Energy (ESEE) Consequences Analysis shall
be conducted for SNR Sites added to the SNRO using the methodology
described in the adopted City of Hillsboro Economic, Social,
Environmental and Energy Consequences Analyses Report to
determine the SNRO level that will apply to the site: Level 1, 2,
or 3; or Impact Area.
c.
If a delineation of a Resource Site or Impact Area boundary results
in a determination that the SNR Site or Impact Area is no longer present,
that portion of the property shall not be subject to these provisions,
and the SNRO Map shall be amended to remove that portion of the property
from the SNRO.
3.
Modification
of Resource Site or Impact Area Boundaries.
a.
The boundaries or level of a SNR site or Impact Area may be modified
as part of a SNRP approval to reflect new information from the site-specific
study or to include new proposed mitigation areas. Modifications to
boundaries of locally significant wetlands are subject to review and
approval by the Department of State Lands.
b.
Properties not previously inventoried by the City that may contain
natural resources shall be inventoried by the City prior to annexation
and a significance determination made using the methodologies described
in the adopted City of Hillsboro Goal 5 Natural Resources
Inventory and Assessment Report. Natural resources determined
to be significant and their Impact Areas shall be added to the SNRO
as part of the rezoning process concurrent with annexation. An Economic,
Social, Environmental and Energy (ESEE) Consequences Analysis shall
be conducted for SNR Sites added to the SNRO using the methodology
described in the adopted City of Hillsboro Economic, Social,
Environmental and Energy Consequences Analyses Report to
determine the SNRO level that will apply to the site: Level 1, 2,
or 3; or Impact Area.
(Ord. 6110 § 6, 2015; Ord. 6149 § 1, 2015; Ord. 6401 § 1, 2022)
A.
Other
Affected Agencies. The regulations of other agencies may apply to
development proposals within the SNRO. These agencies include the
US Army Corps of Engineers, the Oregon Department of State Lands (DSL),
the US Fish and Wildlife Service, the Environmental Protection Agency
(EPA), the Oregon Department of Fish and Wildlife, Washington County,
and Clean Water Services (CWS).
B.
Notification.
The City will notify applicable agencies of specific development proposals
prior to the issuance of City permits. Applicants are encouraged to
contact applicable agencies before development plans are completed
to determine the requirements and restrictions that may be imposed
by the agencies.
C.
CWS
Requirements. Applicants are advised that CWS requires applicants
to secure a service provider letter from the District or its designee
which specifies the conditions and requirements associated with Vegetated
Corridors and Sensitive Areas necessary for the District to issue
a Stormwater Connection Permit pursuant to the CWS Design and Construction
Manual.
(Ord. 6401 § 1, 2022)
A.
Uses
and Activities Permitted Outright. Uses and activities shown as "P"
in Table 12.27.220-1 below are permitted outright in the SNRO if allowed
in the underlying base zone or if not permitted by any applicable
conditions of approval. Permitted Uses shall comply with applicable
Federal, State and Local requirements.
B.
Uses and Activities Requiring a Minor SNR Permit. Uses shown as "SNRP II" in Table 12.27.220-1 below may be permitted in the SNRO zone upon approval of an administrative Minor Significant Natural Resources Permit (SNRP). The criteria for approval of a minor SNRP are listed in Section 12.80.130. An application for a minor SNRP shall be processed as a Type II procedure under the provisions of Section 12.70.040.
C.
Uses and Activities Requiring a Major SNR Permit. Uses and activities shown as "SNRP III" in Table 12.27.220-1 below may be permitted in the SNRO zone upon approval of a quasi-judicial Major Significant Natural Resources Permit (SNRP). The criteria for approval of a major SNRP are listed in Section 12.80.130. An application for a major SNRP shall be processed as a Type III procedure under the provisions of Section 12.70.050.
D.
Uses and Activities Not Permitted. Uses shown as "N" in Table 12.27.220-1 below are not permitted in the SNRO. Any use or activity not listed in Table 12.27.220-1 is also not permitted unless determined by the Review Authority to be similar to an allowed use under Section 12.80.050.
|
Table 12.27.220-1:
Uses and Activities in the Significant Natural Resource Overlay
Zone
| ||||
|---|---|---|---|---|
|
Use or Activity
|
Resource Level
| |||
|
Impact Area
|
SNR Level 1
|
SNR Level 2
|
SNR Level 3
| |
|
Farming: Farming practices as defined in ORS 30.930 and agricultural
uses as defined in OAR 603-095-0010. Buildings and other development
associated with farm practices and agricultural uses are subject to
this Subchapter.
|
P
| |||
|
Public signage: Placement by a public agency of signs, markers,
aids, etc., to serve the public.
|
P
| |||
|
Temporary emergency procedures: As necessary for the protection
of public health, safety and welfare.
|
P
| |||
|
Continued use, repair and maintenance: Continued use, routine
repair and maintenance of public and private structures, streets,
driveways, public and private utility facilities, flood control facilities,
constructed ponds, recreational areas and lawns, gardens and landscaping
in existence as of May 1, 2003.
|
P
| |||
|
Replacement: Replacement of public and private structures, streets,
driveways, public and private utility facilities, flood control facilities,
constructed ponds, recreational areas and lawns and landscaping in
existence as of May 1, 2003, that were destroyed by fire, flood or
other unintentional cause.
|
P
| |||
|
Infrastructure expansion or enlargement: Expansion of capacity
of public streets, driveways, public or private utility facilities,
flood control facilities, communication or energy distribution and
transmission systems (including cables, lines, poles but excluding
substations) which does not increase impervious surface area.
|
P
| |||
|
Vegetation enhancement: Stream enhancement or restoration to remove Nuisance Plants or to plant Native Vegetation, under an approved plan pursuant to Section 12.27.225.
|
P
| |||
|
Storm water or habitat enhancement: Enhancement or restoration for water quality or quantity benefits or fish and wildlife habitat improvement under an approved plan pursuant to Section 12.27.225.
|
P
| |||
|
Permanent Open Space: Publicly or privately owned.
|
P
| |||
|
Change of existing structure: Change in use or expansion of
an existing structure, without increasing impacts on the resource
from impervious surfaces, noise, light and glare, hazardous materials
use and similar activities.
|
P
|
SNRP II
| ||
|
Outdoor recreation facilities, low impact or passive:
Facilities and trails which are compatible with preserving natural
resource functions: viewing shelters; picnic tables; nature trails
and interpretive signs, and similar Uses. Does not include active
recreation facilities described below.
|
P
|
P
|
SNRP II
| |
|
Outdoor recreation facilities, high impact or active:
Outdoor and/or land-extensive facilities: athletic fields or
courts; golf courses; and similar uses. Does not include low impact
or passive facilities described above.
|
SNRP II
|
SNRP III
| ||
|
Tree or native vegetation removal: Native or non-native tree
removal; cutting or clearing of Native Vegetation other than that
necessary to prevent hazards (such as Dangerous Trees or fire prevention)
or as approved in conjunction with an allowed use:
• Tree / Vegetation removal on less than 500
sq. ft. of area
• Tree / Vegetation removal on more than 500
sq. ft. of area
|
P*
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP III
|
|
New Structures or Impervious Surface: New structural development
or exterior expansions of existing buildings or structure; increases
in impervious surfaces or storage areas.
• Less than 500 square feet of site alteration
• 500 square feet or greater of site alteration
|
P*
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP III
|
|
Fills or excavations: Fills, excavations or changes in drainage
patterns except as approved in conjunction with an allowed use:
• Less than 500 sq. ft. of fill, excavation
or modification
• 500 sq. ft. or more of fill, excavation or
modification
|
SNRP II
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP II
|
SNRP II
SNRP III
|
|
Dumping: Dumping of garbage, lawn debris or other unauthorized
materials.
|
N
| |||
|
*
|
Up to a maximum of 500 square feet within a 5-year period.
|
(Ord. 6401 § 1, 2022)
A.
Enhancement
Approvals. Projects such as bank stabilization, riparian vegetation
enhancement, in-channel habitat improvements, and similar projects
which improve or maintain the quality of a SNR Site or its Impact
Area shall be approved if the applicant demonstrates that both of
the following standards are met:
(Ord. 6401 § 1, 2022)
A.
Lot
Size Adjustments Permitted. To reduce negative impacts on the SNR
area, at the applicant's request, the Review Authority may approve
reduction or enlargement of lot sizes below or above the base zone
standards, provided that the overall lot area average on the entire
site meets the base zone standards, and that the smallest lot is at
least 75% of the minimum standard.
B.
Density Transfer Permitted. To reduce negative impacts on the SNR area, at the applicant's request, the Review Authority may approve a transfer of all or a portion of the dwelling units within the SNR area on otherwise developable land (areas within the SNR not defined as undevelopable land in Section 12.01.500 under Acreage, Net) to the portion of the site outside the SNR area if the standards in 1 through 4 below are met.
2.
The
number of dwelling units transferred does not exceed 50% of the maximum
density on the otherwise developable portion of the SNR area;
3.
Development in the SNR area of the site is limited to usable open space improvements pursuant to Section 12.50.210; and
4.
The density of the portion of the site outside the SNR does not exceed the maximum density of that area unless a Major Adjustment for increased density is approved with a PUD application pursuant to Sections 12.80.156 and 12.80.158.
|
For duplexes, triplexes, quadplexes, and cottage clusters in
middle housing zones, maximum density shall be calculated based on
the zone's minimum lot size, the net acreage of the site, and the
number of units proposed.
|
C.
SNRO Areas in Tracts or Easements. The final plat of any land division on property containing SNR area shall designate that portion of the SNR area defined as "undevelopable land" (under Section 12.01.500 under Acreage, Net) in either a conservation easement or a separate permanent open space tract. Responsibility for maintenance and preservation of the conservation easement area or permanent open space tract(s) consistent with this section shall be specified in covenants, conditions and restrictions or other legal instrument subject to approval by the Planning Director and recorded with the final plat.
(Ord. 6401 § 1, 2022)
A.
Adjustments
Permitted. To accomplish the purposes of the SNRO, the Review Authority
may allow Adjustments from the minimum and maximum structural setbacks
and minimum and maximum lot coverage standards of the underlying base
zone, provided consideration is given to potential impacts to neighboring
properties.
(Ord. 6401 § 1, 2022)
A.
SNR Subtracted from Net Area. At the applicant's discretion, SNR area set aside as Usable Open Space which exceeds the Usable Open Space area required pursuant to Section 12.50.210 may be subtracted from net area to calculate residential density or floor area ratio.
1.
The
additional Usable Open Space shall be identified on the final plat
as a conservation easement or a separate permanent open space tract,
with responsibility for maintenance specified as required in Subsection
12.27.230.C.
2.
If
the approval of the development containing the additional open space
does not include a final plat, the Review Authority shall condition
the approval to require the applicant to record a separate conservation
easement, identifying the additional open space area and assigning
responsibility for maintenance specified as required in Subsection
12.27.230.C.
(Ord. 6401 § 1, 2022)
A.
SNRO
Boundaries Marked. Prior to any construction, demolition, grading
or clearing on the site, Significant Natural Resource and Impact Area
boundaries shall be surveyed, staked and demarcated with standard
orange construction fencing or equivalent by a Qualified Natural Resources
Professional.
B.
Erosion
Control. Protective erosion control measures shall be installed in
compliance with the Public Works Design and Construction Standards
and shall remain in place until the final site inspection is completed.
C.
Stockpiling
and Equipment Storage Not Permitted. During construction, there shall
be no stockpiling of fill material, no parking, and/or no storage
of construction equipment within a Significant Natural Resource or
its Impact Area unless no other practicable alternatives are available.
An exception to this standard may be approved by the Planning Director
during the application process for staging activities for approved
construction projects that occur within the permitted work window,
based on demonstration by the applicant that no other practicable
alternatives to the storage or stockpiling is available, and that
measures to mitigate the effects of the storage or stockpiling on
the SNR area will be taken when the activities cease.
D.
Lighting. The lighting plan for the Development application, submitted pursuant to Section 12.50.240 shall include lighting fixtures selected, located and installed to minimize direct lighting into the Significant Natural Resource.
E.
Landscaping in SNRO Areas. Landscaping plans for development applications submitted under Section 12.50.220 shall limit plantings within the Significant Natural Resources Area to only species on the Metro Native Plant List. Plantings within the Impact Area shall not include Nuisance Plants.
F.
Use
of Chemicals. Herbicides or pesticides shall not be used in a SNR
or an Impact Area except as applied by a licensed applicator in accordance
with either:
G.
Additional
Standards. The standards in this section are in addition to all construction
requirements imposed as conditions of approval by the City of Hillsboro
or any other permit agency.
(Ord. 6401 § 1, 2022)
A.
Compensatory
Mitigation Ratios. When adverse impacts to a Significant Natural Resource
or an Impact Area cannot be avoided, the Review Authority may condition
approval of the SNRP to provide compensatory replacement or enhancement
mitigation according to Table 12.27.250-1 and the illustrative examples
below.
|
Table 12.27.250-1:
Minimum Compensatory Mitigation Ratios in the SNRO
| |||
|---|---|---|---|
|
Resource Level
|
Ratio of Disturbed Area to Replacement Mitigation Area
|
AND / OR
|
Ratio of Disturbed Area to Enhancement Mitigation Area
|
|
Impact Area
|
Not applicable
|
1:1
| |
|
SNR Level 1
|
1:1
|
1:2
| |
|
SNR Level 2
|
1:1.25
|
1:2.5
| |
|
SNR Level 3
|
1:1.5
|
1:3
| |
|
Example 1: mitigation of 600 sq. ft. disturbance in a Level
3 SNR = either 900 sq. ft. replacement of Level 3 SNR; 1800 sq. ft.
of enhanced Level 3 SNR; or a combination of these two.
|
|
Example 2: mitigation of 1200 sq. ft. disturbance in an Impact
Area = 1,200 sq. ft. enhanced Impact Area
|
B.
Standards.
Required mitigation shall meet the following standards:
1.
The
mitigation plan shall be prepared by a Qualified Natural Resources
Professional and shall include the following information:
a.
The location of the impact to the Significant Natural Resource or
Impact Area;
b.
Existing conditions in the SNR or Impact Area prior to disturbance;
c.
The location of the proposed mitigation area;
d.
A detailed planting plan of the proposed mitigation area with species
and densities; and
e.
A narrative describing how the adverse impacts will be mitigated.
2.
All
replacement or enhancement mitigation shall occur on-site and as close
to the affected area as possible. If the Review Authority determines
that on-site mitigation is not feasible, off-site mitigation may be
allowed in the same stream basin elsewhere within the Urban Growth
Boundary of Hillsboro, subject to approval from applicable agencies.
3.
Mitigation
should follow the re-vegetation standards in the 2007 CWS "Design
and Construction Standards for Sanitary Sewer and Surface Water Management,
Appendix A Planting Requirements."
4.
All
vegetation planted within the mitigation area shall be from the Native
Plant List. Species selected for planting shall replace those impacted
by the development.
5.
Nuisance
Plants shall not be planted in the mitigation area.
6.
Trees
shall be planted at a density at least 5 per 1,000 sq. ft. Shrubs
shall be planted at a density of at least 10 per 1,000 sq. ft.
C.
Requirements
From Other Agencies. When mitigation is also required by DSL, the
Corps, and/or CWS, a copy of the mitigation plan prepared for those
agencies shall be submitted to the Review Authority. The City shall
not issue a development permit until all applicable Regional, State
and Federal permit approvals have been granted.
D.
Mitigation
Not Otherwise Regulated. When mitigation is required by this section
for adverse impacts to areas not otherwise regulated by the DSL, the
Corps, or CWS, a mitigation plan prepared by a Qualified Natural Resources
Professional shall be submitted to the Review Authority.
(Ord. 6401 § 1, 2022)
A.
Where
Allowed. To protect public health and safety, airports and other major
public transportation facilities may require regulatory flexibility
in addressing natural resource management issues. Public agencies
responsible for major transportation facilities (such as ODOT or the
Port of Portland) may prepare and submit a Natural Resource Management
Plan application for consideration by the Planning Commission.
C.
Type III Process. An application for approval of a Natural Resource Management Plan shall include all of the submittal requirements for a major SNRP pursuant to Section 12.80.130. Natural Resource Management Plan applications shall be subject to the Type III procedures in Section 12.70.050, and shall be heard by the Planning Commission.
D.
Approval
Criteria. The Planning Commission may grant approval of a Natural
Resource Management Plan upon satisfaction of the following criteria:
(Ord. 6401 § 1, 2022)
The Cultural Resource Overlay includes the following sections:
|
12.27.310
|
Purpose
|
|
12.27.320
|
Applicability and Boundary Delineation
|
|
12.27.330
|
Addition to the CRO
|
|
12.27.340
|
Removal from the CRO and Inventory
|
|
12.27.350
|
Routine Maintenance of Cultural Resource Structures
|
|
12.27.360
|
Minor Cultural Resource Alterations Permitted with Type II Approval
|
|
12.27.370
|
Major Cultural Resource Alterations Permitted with Type III
Approval
|
|
12.27.380
|
Provision for Additional Open Space on Cultural Resource Sites
|
(Ord. 6401 § 1, 2022)
The Cultural Resource Overlay zone (CRO) is established to identify
and manage cultural resources, in order to:
A.
Promote
public awareness and appreciation of the community's social, political,
economic, and architectural and archaeological history, and advance
civic pride and identity;
B.
Contribute
to the community's economy and enhance local property values;
C.
Provide required protection for Cultural Resources: the provisions of this Subchapter meet Statewide Planning Goal 5 (ORS 197.015 (8)) and OAR 660, Division 23 to inventory and protect Significant Cultural Resources according to specific procedures, standards and definitions. Cultural Resources are those sites designated as such on the Cultural Resource Inventory after designation pursuant to Section 12.27.320 below.
D.
Balance
preservation with alternative land Uses. Standards in this Subchapter
conserve and protect Cultural Resources while allowing reasonable
economic use of property where adverse impacts to the resources can
be mitigated.
E.
Evaluate
development proposals. Standards in this Subchapter provide means
to evaluate permitting development that affects Cultural Resources.
(Ord. 6401 § 1, 2022)
A.
Application.
The Cultural Resource Overlay (CRO) applies to properties designated
by City Council Resolution or Ordinance as Cultural Resources and
regulated as Goal 5 resources. The list of designated Cultural Resources
is referred to as the Cultural Resource Inventory Map. The CRO is
also applied upon annexation to any site designated as a Cultural
Resource on a Washington County Community Plan Map.
B.
Application
within Conservation District. If a designated Cultural Resource site
is located within a Conservation District, the more strict provisions
of the Cultural Resource Overlay zone shall supersede the requirements
of the Conservation District.
C.
Cultural
Resource Designation Boundary.
1.
Unless otherwise specified, the boundary of a Cultural Resource site shall be the property lines of the lot on which the Resource is located. The boundary of the resource site may be modified through approval of a Major Cultural Resource Alteration pursuant to Section 12.27.360.
2.
Notwithstanding
paragraph 1 above, the provisions of this section shall be applied
only to the structures or features specifically included in the designation:
structures or features not included in the designation are not subject
to the provisions of this section.
D.
Unless
otherwise specified, the boundary of a Cultural Resource site shall
be the property lines of the lot on which the Resource is located.
However, the provisions of this section shall be applied only to the
structures or features specifically included in the designation: structures
or features not included in the designation are not subject to the
provisions of this section.
E.
Modification of Designation Boundary. Upon recommendation of the Historic Landmarks Advisory Committee, the Planning Commission may modify the boundary of a Cultural Resource designation to reflect removal of accessory structures or redevelopment of portions of the larger lot. Such modification shall be processed as a major CRA under Section 12.80.030.
F.
Compliance
Required. No designated cultural resource in the CRO shall be altered,
relocated or demolished without compliance with this Subchapter.
(Ord. 6401 § 1, 2022)
A.
Additions.
The Cultural Resource Overlay may be applied to properties upon application
either by the property owner or by the City, under the provisions
of this section.
1.
Addition to the CRO by the Property Owner. A property owner may nominate his or her property to the Cultural Resource Inventory by providing responses to the criteria in subsection D below to the Historic Landmarks Advisory Committee. The HLAC shall then review the nomination and adopt findings and a recommendation to the Planning Commission. The Planning Commission's recommendation shall be forwarded to the City Council for final designation.
B.
Review
by the HLAC, Planning Commission and City Council.
1.
Following
consideration of an owner-initiated nomination as described in subsection
A.1 above or the nomination and determination of potential cultural
significance as described in paragraph A.2 above, the Historic Landmarks
Advisory Committee shall forward its findings and recommendation to
the Planning Commission.
2.
The
Planning Commission shall receive the HLAC findings and recommendation,
and shall review the nomination under the following process:
a.
In the case of an HLAC-initiated nomination, notification shall be sent by registered mail to the owner of record of the affected property as determined by the Washington County Tax Assessor. The notice shall include an explanation of the property owner's rights to refuse to consent to the application of the CRO pursuant to subsection C below, and the date, time and place of the Planning Commission public hearing as described in Subsection c, below;
b.
At least 20 days after mailing the notice to the property owner,
the Planning Commission shall hold a public hearing on the nomination.
Notice of the hearing shall be mailed in accordance with Type III
notice procedures in Subsection 12.70.050.F. In addition, mailed notice
shall also be provided to recognized local and County historical societies
and to the State Historic Preservation Office.
c.
At the public hearing, the Planning Commission shall receive the findings and recommendation of the Historic Landmarks Advisory Committee, and shall review the nomination based on the criteria listed in subsection D. The Planning Commission shall also analyze the significance of the resource and the environmental, social, economic and energy consequences of allowing, limiting, or prohibiting Uses which would conflict with the Cultural Resource designation and its impact or conflicts with Uses allowed by the underlying base zone.
3.
Following its review and analysis, the Planning Commission shall make findings with respect to the criteria in subsection D, and shall provide a recommendation to the City Council concerning the proposed designation.
4.
The
City Council shall consider the findings and recommendations of the
HLAC and the Planning Commission and may by Ordinance apply the CRO
to any site found to be culturally significant, thereby adding the
site to the Cultural Resource Inventory.
C.
Owners'
Ability to Decline Nomination. At any time prior to Council action
on the nomination, the affected property owner or owners of record
may refuse to consent to the application of the CRO and the addition
of the site to the Cultural Resource Inventory. This refusal to consent
shall be made in writing and filed with the Planning Director. The
receipt of a refusal to consent shall remove the property from any
continued consideration for application of the CRO or listing in the
Cultural Resources Inventory.
D.
Criteria
for Application of the CRO and Inclusion in the Cultural Resource
Inventory. Sites nominated for application of the CRO shall be evaluated
for cultural significance under the following criteria:
1.
The
site is located within the City limits;
2.
The
building, structure, site, or object is over 50 years of age or of
exceptional importance;
3.
The
site possesses sufficient historic integrity, meaning that there are
no major alterations or additions that have obscured or destroyed
the significant historic features. Major alterations that may destroy
historic integrity include, but are not limited to, the following:
a.
Changes in pitch of the main roof;
b.
Enlargement or enclosure of windows on principal façades;
c.
Addition of upper stories or the removal of original upper stories;
d.
Covering the exterior walls with non-historic materials;
e.
Moving the resource from its original location to one that is dissimilar
to the original; and/or
f.
Additions which significantly detract from or obscure the form and
appearance of the historic resource when viewed from the public right-of-way.
4.
The
site has historic significance as demonstrated by meeting at least
1 of the following criteria:
a.
Association with events that have made a significant contribution
to the broad patterns of city, county, state, or national history;
and/or
b.
Association with the lives or persons significant in our past; and/or
c.
Embody the distinctive characteristics of a type, period, or method
of construction or that represent the work of a master, or that possess
high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction; and/or
d.
Have yielded, or may be likely to yield, information important in
prehistory or history.
(Ord. 6401 § 1, 2022)
A.
Removal.
The Cultural Resource Overlay may be removed from properties either
by the property owner or by the City, under the provisions of this
section. Removal of a property from the Overlay automatically removes
the site from the Inventory.
B.
Objection
to Listing by Original Owner. The property owner of record of a site
listed on the Cultural Resources Inventory before September 1, 2000,
may request removal of the site from the Inventory by submitting a
written request to the Planning Director if that party still owns
the property and filed an objection to the original listing of the
property.
1.
The
request shall specifically describe the site and shall include evidence
documenting the formal objection of the property owner of record at
the time the property was listed on the Cultural Resource Inventory.
2.
The
Planning Director shall submit the request to the Planning Commission
for adoption of a resolution acknowledging the request and forwarding
the request to the City Council for approval. The Planning Commission
shall not conduct a public hearing on the request, but may recommend
that the City Council conduct a hearing.
3.
Upon
receipt of the resolution of the Planning Commission, the City Council
shall adopt a resolution removing the site from the Cultural Resources
Inventory. The City Council may, but need not, conduct a public hearing
on the request.
4.
The
City Council may require that the site be documented in a manner consistent
with accepted historic site documentation practices. The City shall
not issue a permit for demolition or modification of a site subject
to this subsection for at least 120 days from the date of the resolution
removing the site from the Cultural Resources Inventory.
C.
Other
Circumstances. In the absence of an objection to the initial listing,
the property owner of record of a site in the CRO may also request
removal of the CRO by submitting a written request to the City.
1.
The
request shall cite the reasons why the property owner believes the
site no longer qualifies as a designated cultural resource, based
on the criteria listed in Subsection 12.27.330.D.
2.
The
HLAC shall consider the request, based on the criteria in Subsection
12.27.330.D, and shall forward its findings and recommendation to
the Planning Commission.
3.
The
Planning Commission shall hold a public hearing on the request. Notice
of the hearing shall be mailed in accordance with Type III notice
procedures in Subsection 12.70.050.F. In addition, mailed notice shall
be provided to recognized local and County historical societies, and
to the State Historic Preservation Office.
4.
At
the public hearing, the Planning Commission shall receive the findings
and recommendation of the HLAC and any testimony submitted by interested
parties.
5.
Following
receipt of testimony, the Planning Commission shall deliberate and
analyze the significance of the resource site and the environmental,
social, economic and energy consequences of removing the Cultural
Resource designation. Based on that analysis, the Planning Commission
shall determine whether to approve or deny the request. A decision
to approve the request shall be made as a recommendation to the City
Council. A decision to deny the request shall be final unless appealed.
6.
The
City Council shall receive and consider the recommendation from the
Planning Commission to remove the CRO from the site, and may remove
the CRO by ordinance. The Council may also choose to conduct its own
public hearing on the recommendation.
7.
The
City shall not issue a permit for demolition or modification of a
site subject to this subsection for at least 120 days from the date
of a resolution removing the site from the Cultural Resources Inventory.
D.
Removal Following Alteration, Relocation or Demolition. Following approval of an application to alter, relocate or demolish a designated cultural resource pursuant to Section 12.80.030 the HLAC may re-evaluate the site's conformance with the criteria in Subsection 12.27.320.D.
1.
If
the HLAC finds that the site no longer conforms to the criteria in
Subsection 12.27.320.D, the HLAC shall forward findings and a recommendation
to the Planning Commission.
2.
Following
receipt of the HLAC recommendation, the Planning Commission shall
hold a public hearing on the proposed removal pursuant to paragraphs
C.3 through C.5 above.
3.
The
City Council shall receive and consider the recommendation from the
Planning Commission to remove the CRO from the site, and may remove
the CRO by ordinance. The Council may also choose to conduct its own
public hearing on the recommendation.
E.
Removal
Following Unintentional Demolition. If a Resource structure is damaged
by accident, fire or natural disaster beyond the owner's control to
the extent that it no longer retains the characteristics which made
it eligible for the Cultural Resource Inventory, the Planning Director
shall prepare an ordinance for Council approval to remove the site
from the Cultural Resource Inventory.
(Ord. 6401 § 1, 2022)
A.
The following types of routine maintenance are permitted without a Cultural Resource Alteration approval, except as provided in subsection B, below:
1.
Repair
or maintenance activities which do not affect the appearance of an
architectural feature;
2.
Foundation
repair or replacement, provided that the foundation material is similar
to the original material and the new foundation does not raise or
lower the building elevation;
3.
Repair
and restoration using original or existing materials;
4.
Repair
or replacement of deteriorated materials at the identical size, materials,
and configuration as the original materials;
5.
Addition
of fencing;
6.
Construction
of detached accessory structures compliant with the following standards:
7.
Changes
in landscaping newer than the resource structure, or addition of landscaping
if there was none originally;
8.
Removal
of any landscape feature which the Public Works Director deems a hazard
to public safety.
B.
Routine
maintenance as described in paragraphs A.1 through A.7 does not include
major improvements such as replacement of siding, windows, or roofing
throughout the structure.
(Ord. 6323 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Alterations Permitted with Type II Approval. Except as provided under subsection B below, certain alterations may be permitted in the CRO upon approval of an administrative Minor Cultural Resource Alteration (CRA). The criteria for approval of a minor CRA are listed in Section 12.80.030. An application for a minor CRA shall be processed as a Type II procedure under the provisions of Section 12.70.040. The following alterations may be permitted upon approval of a Minor CRA:
1.
Alteration,
relocation or demolition of an accessory building less than 50 years
old, unless the site is on the National Register of Historic Places;
2.
Application
of wood-framed storm windows;
3.
Removal
of structural additions less than 50 years old, unless the site is
on the National Register of Historic Places, or the structural addition
is of exceptional significance;
4.
Structural
or architectural feature additions to any designated structure if
such addition or feature is not visible from the public right-of-way
and the addition does not necessitate the removal of an original feature;
and
5.
Demolition
of any structure which the Building Official deems a dangerous building.
B.
The
Planning Director may determine that an application for Minor Cultural
Resource Alteration should be processed as a Type III procedure, based
on the factors in Subsection 12.80.030.C.3.
C.
Negative Impacts Minimized. Under the provisions of Section 12.80.030, the Planning Director shall work with the applicant, interested citizens and technical staff to minimize the negative impact of the proposed action, wherever possible.
D.
Minor
CRAs Reported to HLAC. The Planning Director shall provide a monthly
report to the HLAC and the Planning Commission of all minor Cultural
Resource Alteration applications and approvals.
(Ord. 6401 § 1, 2022)
A.
Alterations Permitted with Type III Approval. The following alterations may be permitted in the CRO subject to the listed standards, upon approval of a quasi-judicial Major Cultural Resource Alteration. The criteria for approval of a major CRA are listed in Section 12.80.030. An application for a major CRA shall be processed as a Type III procedure under the provisions of Section 12.70.050.
1.
Demolition
of a designated structure or removal of an original landscape feature,
except a dangerous structure or landscape feature under Subsection
12.27.350.A.5;
2.
Relocation
of a designated structure;
3.
Alteration,
relocation or demolition of an accessory building over than 50 years
old, or any accessory building on a site on the National Register
of Historic Places;
4.
Removal
of any original architectural feature or any feature over 50 years
old;
5.
Structural
or architectural feature additions to any designated structure if
such addition or feature is visible from the public right-of-way and
the addition necessitates the removal of an original feature; and
6.
Removal
of any landscape feature if the landscape feature is comparable in
age to the structure and is not deemed by the Building Official to
be a hazard to public safety.
B.
Negative
Impacts Minimized. The HLAC and the Planning Commission shall work
with the applicant, interested citizens and technical staff to minimize
the negative impact of the proposed action, wherever possible.
(Ord. 6401 § 1, 2022)
A.
At
the applicant's discretion, additional open space area may be set
aside around designated Cultural Resource features upon development
of a larger site. If set aside, the additional open space around the
features may be subtracted from the net area of the development for
purposes of residential density calculation.
B.
Additional
open space so set aside shall be identified on the final plat (or
final development plan if no land division is involved) as a conservation
easement or a separate permanent open space tract.
C.
Responsibility
for maintenance and preservation of such tracts or easements shall
be specified in covenants, conditions, and restrictions or other legal
instrument subject to approval by the Review Authority.
(Ord. 6401 § 1, 2022)
[Section heading reserved]
The Planned Unit Development Overlay includes the following
sections:
|
12.27.510
|
Purposes
|
|
12.27.520
|
Distinction from other Overlay Zones/Applicability
|
|
12.27.530
|
Administrative and Regulatory Coordination
|
|
12.27.540
|
Uses and Activities Permitted
|
|
12.27.550
|
Application and Process for PUD Approval
|
|
12.27.560
|
Modification of PUD Boundaries
|
The Planned Unit Development (PUD) Overlay zone is established
for the following purposes:
A.
To
encourage flexibility, innovation, and diversity in location and design
of structures and improvements consistent with the Comprehensive Plan,
the applicable base zone(s), and applicable standards;
B.
To
allow consideration of special Adjustments to Code standards within
the context of the overall development project, thereby balancing
the request for the Adjustments with desirable results that improve
community livability;
C.
To
allow more efficient site design for land uses, buildings, and circulation,
energy, and utility systems;
D.
To
preserve existing landscape features and natural resources, and better
integrate such features and resources into site design;
E.
To
provide usable and suitably sited public and common facilities;
F.
To
provide greater compatibility with surrounding land uses than a project
compliant with conventional zoning; and
(Ord. 6401 § 1, 2022)
A.
Distinction
from Other Overlay Zones. The PUD overlay zone is unique, due to its
creation as a result of an application from the property owner and
a discretionary decision by the City, rather than as application as
a response to existing site characteristics.
B.
Applicability.
The PUD overlay may be applied on 1 or more properties of any size
in any zone, upon application by the property owner and approval by
the Review Authority. Development on the properties cited in Subsection
12.80.120.B requires approval of a PUD overlay.
(Ord. 6401 § 1, 2022)
The regulations of other agencies may apply to development proposals
on properties within a PUD. The City will notify affected agencies
of specific development proposals prior to the issuance of City permits.
Applicants are encouraged to contact affected agencies before development
plans are completed to determine requirements and restrictions that
may be imposed by those agencies.
(Ord. 6401 § 1, 2022)
A.
Residential and Mixed-Use Zones. In residential and Mixed-Use zones, PUD concept plan approval allows development of a site with a mixture of Uses as listed in Subsection 12.80.120.C.1, subject to the density provisions of the underlying zone. Requests for additional density shall be considered under the provisions of Subsections 12.80.156 and 12.80.158.A.
B.
Commercial
and Industrial Zones. In areas designated Commercial or Industrial
on the Comprehensive Plan Map, PUD concept plan approval allows development
of a site with Mixed-Uses subject to the limitations listed in Subsection
12.80.120.C.2.
C.
Regulations
on Permitted Uses or Activities. In a PUD, use categories status or
development standards of the underlying base zone may be modified
or supplemented to accomplish the stated purpose of the PUD, as cited
in Subsection 12.80.120.A.
(Ord. 6401 § 1, 2022)
See Section 12.80.100.
(Ord. 6401 § 1, 2022)
The Special Industrial District includes the following sections:
|
12.27.610
|
Purpose
|
|
12.27.620
|
Applicability
|
|
12.27.630
|
Administration
|
|
12.27.640
|
Regulations on Permitted Uses or Activities
|
|
12.27.650
|
Establishment or Modification of Overlay Boundaries
|
(Ord. 6401 § 1, 2022)
The Special Industrial District (SID) is an overlay zone supplementing
the provisions of the underlying I-P Industrial Park zone. The purposes
of the Special Industrial District are:
A.
To
protect and enhance development opportunities for industrial Uses
which may require large sites in a planned campus industrial park
setting;
B.
To
provide opportunities for small- and medium-sized industrial Uses,
compatible with planned campus industrial parks, to locate near large
single user industrial Uses; and
C.
To
preserve large lots for single major industrial Uses until such time
as there is no demonstrated demand or need for such large lots.
(Ord. 6401 § 1, 2022)
The SID overlay zone may be applied only on properties designated
Industrial on the Comprehensive Plan Land Use Map, located within
the following boundaries:
|
•
|
North Boundary: NW West Union Rd
|
|
•
|
South Boundary: NE Jacobson St
|
|
•
|
East Boundary: Western edge of the Burlington Northern
Railroad right-of-way
|
|
•
|
West Boundary: Eastern edge of the Bonneville Power Administration
easement
|
(Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)
The purposes of the SID overlay zone are administered and implemented through the land division process under Section 12.80.090 and the Development Review process under Section 12.80.040.
(Ord. 6401 § 1, 2022)
A.
Exceptions
to the Underlying Zoning.
1.
Development in the SID overlay zone shall conform to the base zone development standards of the I-P Industrial Park zone as contained in Section 12.25.200, except that the minimum lot size for development in the SID shall be 1 acre.
B.
Reconfiguration
of Contiguous Lots in One Ownership. New lots smaller than 30 acres
may be created when all contiguous lots of record in common ownership
meet all of the following requirements:
1.
The
number of newly created lots is the same or fewer than the number
of original lots;
2.
The
newly created lots are configured to better allow aggregation than
the original lots;
3.
The
reconfiguration includes all contiguous lots of record in the common
ownership;
C.
Staged
Development. Lots of record or contiguous lots of record in common
ownership, which total more than 30 acres, may be divided into lots
smaller than 30 acres subject to the following restrictions:
1.
No
more than 20% of the total acreage may be divided into lots smaller
than 30 acres, except under paragraphs 2, 3, and 4 below.
2.
After Development Review approvals pursuant to Section 12.80.040 or building permits have been issued on 60% of the lots or 60% of the total acreage, an additional 20% of the original land area may be divided into lots smaller than 30 acres.
3.
The
staged land division described in paragraph 2 above may continue in
20% increments, provided that at least one 30-acre lot, suitable for
a single major industrial use, remains undivided within the original
lot or lots.
4.
The final 30-acre lot may be divided in accordance with this section only under a Type III subdivision application process pursuant to Section 12.80.098. To approve the final lot division, the Review Authority must find that the current supply of 30-acre or larger vacant lots in the SID, or in a County industrial zone with substantially similar land division restrictions, is adequate to supply the present and projected county-wide demand for large lots if the final lot is divided.
5.
Upon
compliance with paragraphs 1 through 4 above, division of the final
30-acre lot is not subject to the requirements of this section.
D.
Exceptions
to Lot Division Requirements.
1.
Transportation
Plan Implementation. Lots of record or contiguous lots of record in
common ownership larger than 30 acres may be reconfigured or divided
into smaller lots to the extent necessary to allow the dedication
and/or construction of public Collector or Arterial roadways to implement
Comprehensive Plan Section 20 Transportation and the adopted Transportation
System Plan cited in Comprehensive Plan Section 23.
2.
Natural
& Hazard Areas. Lots of record or contiguous lots of record in
common ownership larger than 30 acres may be reconfigured or divided
into smaller lots to accommodate the following conditions:
3.
Division of Remaining Lots. Smaller lots remaining after the reconfiguration or division of a larger lot or lots of record remain eligible for further reconfiguration or division pursuant to subsections B and C above. In calculating the land area involved in a subsequent reconfiguration or land division, the land area of the original lots at the time of annexation shall be used.
(Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)
The boundaries of the SID overlay zone as described in Section 12.27.620 are not subject to modification.
(Ord. 6401 § 1, 2022)
