This subchapter lists development requirements for specific
uses which may be permitted or permitted as conditional uses in one
or more zones. Specific standards are necessary for these uses due
to their potential impacts on neighboring properties.
(Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
Specific uses listed in this subchapter are subject to the base zone standards in Subchapters 12.21 through 12.26, the development and design standards in Subchapter 12.50, and any applicable overlay zone standards or plan district standards in Subchapters 12.27 or 12.60 through 12.66. Where special use standards conflict with other standards in this Code, refer to Section 12.01.430 for the hierarchy of standards.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
Each special use section includes two subsections: characteristics
and standards. Characteristics describe the functional and physical
attributes or qualities which most closely describe or define the
special use. Standards include the criteria for approval of the use
and specify its parameters.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics. Accessory dwelling units (ADUs) are defined in Section 12.01.500, and provide the following housing opportunities:
1.
Accommodating
additional density in existing neighborhoods with minimum cost and
disruption to surrounding neighborhoods;
2.
Allowing
more efficient use of existing housing stock and infrastructure;
3.
Providing
a mix of housing in response to changing family needs and smaller
households;
4.
Allowing
seniors, single parents, families with grown children and other residents
to remain in their homes and neighborhoods; and
5.
Providing
a broader range of housing types and costs.
C.
Creation
of an ADU. An ADU may be created as follows:
D.
Standards.
Construction and occupancy of an ADU shall conform to the following
standards:
1.
Occupancy Restriction. An ADU is subject to the maximum occupancy of a dwelling unit as defined in Section 12.01.500.
2.
Eligibility
and Number. A maximum of one ADU is allowed per legal, single detached
dwelling or townhouse.
3.
Location.
An ADU shall be located on the same lot as the primary single detached
dwelling or townhouse.
4.
Parking.
No off-street parking is required for ADUs. Any parking required for
the primary dwelling shall be retained or replaced.
5.
Minimum and Maximum Floor Area. See Section 12.01.500 for information about how to measure floor area. Below are additional standards relative to floor area for ADUs.
a.
Except as provided in subparagraph c. below, an ADU shall be at least
250 square feet, but not more than 750 square feet in area.
b.
The minimum and maximum floor areas identified in subparagraph a.
above can exclude exterior walls, interior staircases, common/shared
space between the primary dwelling and the ADU, interior parking,
and unfinished storage space that is not internally accessible from
the ADU.
c.
An ADU created by the conversion of a level or floor (e.g., basement,
attic, or second story) of the primary dwelling may occupy the entire
level or floor, even if the floor area of the ADU would be more than
750 square feet. The maximum size shall not exceed 50% of the total
square footage of the primary dwelling.
6.
Height.
Except as provided in subparagraph 7.c.ii, below, an ADU must conform
to the standards of the applicable zone or plan district regarding
building height.
7.
Placement.
a.
Except as provided in subparagraphs 7.b. and c. below, an ADU must
be placed and conform to the standards of the applicable zone or plan
district regarding lot coverage and setbacks. If the applicable zone
or plan district has standards for the placement of ADUs, such standards
supersede this section.
b.
An ADU shall be placed in relation to the primary dwelling as follows:
i.
On all lots, an ADU shall be located behind the front building plane
of the primary dwelling, except ADUs created by converting existing
floor area. For corner lots, through lots, and multiple frontage lots,
the ADU shall be placed behind the front building plane of the façade
with the front door.
c.
Side and rear setbacks may be reduced to three feet for a detached
ADU meeting the following specifications. An ADU connected to the
primary residence by an architectural or structural connection between
the dwellings (such as a breezeway) is considered attached.
i.
The total building area is 450 square feet or smaller;
ii.
The building does not exceed one story in height (maximum 10 feet
measured mid-point between the roof peak and the roof eave);
iii.
The outer edges of the eaves are located at least two feet from
the side and rear property lines; and
iv.
Separation from any other structure on the site by at least six feet.
d.
An ADU cannot be located in any public or private utility or access
easement.
8.
Entrances
for ADUs.
a.
The entrance to the ADU can be provided on any façade and
shall include all of the following:
i.
A recessed building entry or porch at least two feet deep, as measured
horizontally from the face of the main building façade, and
at least five feet wide;
ii.
Entrance lighting is required on all ADUs. Exterior lighting shall
not exceed two lumens, and shall not glare or shine onto adjacent
property; and
iii.
One or more sidelights, glass doors, or windows.
9.
Architectural
Standards. ADUs shall:
a.
Include two or more of the articulation elements or detailed design
elements found in Section 12.50.710.C.4 and C.5 on all façades
of the ADU; and
b.
Shall not include glazing on any building elevation that is facing
and within 20 feet of an abutting residential property unless:
i.
The glazing is limited to windows located on the upper one-third
of all stories, with an option for the first story to have no glazing
limitations of a minimum six-foot screen by fencing or evergreen landscaping
is installed between the ADU and the abutting residential property.
The screen or fencing shall extend the entire distance of the ADU
building elevation, plus an additional three lineal feet. Newly planted
shrubs shall be no less than five feet in height at time of planting.
c.
Meet the architectural standards for ADUs in any applicable zone
or plan district, as such standards supersede the standards of this
section.
10.
Code Compliance. ADUs shall comply with applicable building, fire,
health, and safety codes.
(Ord. 6323 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6451 § 1, 2023)
A.
Characteristics. Accessory structures are defined in Section 12.01.500, and are used by the residents, customers, or employees of the primary structure(s) on the site. Examples of residential accessory structures include playhouses, storage sheds, detached garages or workshops, and greenhouses. Examples of commercial or industrial accessory structures include trash or utility enclosures, storage tanks, and cooling towers. Accessory equipment includes heating, ventilation and air-conditioning devices and communication equipment such as satellite dishes.
B.
Standards.
1.
Except
as provided in paragraph 2., below, accessory structures must conform
to the standards of the applicable zone or plan district regarding
setbacks. If the applicable zone or plan district has standards for
the placement of accessory structures, such standards supersede this
section.
2.
Side
and rear yard setbacks may be reduced to 3 feet for residential accessory
structures meeting all the following specifications:
a.
The structural footprint is 450 sq. ft. or less, measured at the
outside of the foundation or supports;
b.
The structure does not exceed 1 story in height (maximum 10 feet,
measured mid-point between the roof peak and the roof eave);
c.
The outer edges of any eaves are located at least 2 feet from the
side and rear property lines;
d.
The structure is placed behind the front building plane of the dwelling.
For corner lots, through lots, and multiple frontage lots this includes
the front building plane on all streets; and
e.
Accessory structures are separated from any other structure on the
site by at least 6 feet.
3.
The
combined footprints of primary and accessory structures on a lot cannot
exceed the maximum lot coverage standard of the applicable zone with
the exception of middle housing in middle housing zones which may
exceed the maximum lot coverage by up to 10%.
4.
Accessory
equipment, whether installed either on the ground or attached to a
structure, shall be located outside any required emergency access
routes or clearances from the structure.
(Ord. 6323 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Senate
Bill 8 Affordable Housing. Senate Bill 8 (2021) requires local governments
to allow affordable housing without requiring a zone change or conditional
use permit if certain criteria and standards are met. These requirements
are implemented by this subsection.
1.
Applicability
Criteria. Affordable housing projects allowed pursuant to this Subsection
12.40.107.A must meet subsection A.1.a. and either subsection A.1.b.
or c. below:
a.
Affordability. The affordability of the units is enforceable, including
as described in ORS 456.270 to 456.295, for a duration of no less
than 30 years and shall meet either paragraph i. or ii. below:
i.
Each unit on the property is made available to own or rent to families
with incomes of 80% or less of the area median income as determined
by the Oregon Housing Stability Council based on information from
the United States Department of Housing and Urban Development; or
ii.
The average of all units on the property is made available to families
with incomes of 60% or less of the area median income.
c.
Zoning. The property is zoned for or allows for 1 or more of the
following:
i.
Commercial uses;
ii.
Places of assembly for religious institutions;
iii.
Institutional and Open Space Zones per Subchapter 12.26; or
iv.
Industrial uses provided the property is publicly owned, adjacent
to lands zoned for residential uses or schools, and not specifically
designated for heavy industrial uses including all of the Industrial
Zones in Subchapter 12.25.
2.
Standards.
Only affordable housing developed pursuant to Subsection 12.40.107.A
is subject to the following standards.
a.
Site Suitability. The site shall be suitable for development of affordable
housing. Affordable housing shall not be located on lands where the
City determines that:
i.
The development on the property cannot be adequately served by water,
sewer, storm water drainage or streets, or will not be adequately
served at the time that development on the lot is complete;
ii.
The property contains a slope of 25% or greater;
iii.
The property is within a 100-year floodplain;
iv.
The development of the property is constrained by land use regulations
based on statewide land use planning goals relating to: natural disasters
and hazards; or natural resources, including air, water, land or natural
areas (but not including open spaces or historic resources); or
v.
The property is zoned for industrial use and does not meet the criteria
in subsection A.1.c.iv. above.
b.
Density and Height in Areas That Are Zoned for Residential Uses.
Except as provided by subsection A.2.b.iii. below, the greater of
density and height standards in subsections A.2.b. i. or ii. below,
shall apply:
i.
Any City density bonus for affordable housing; or
ii.
Without consideration of any local density bonus for affordable housing:
(A)
For property with existing maximum density of 16 or fewer units
per net acre, based on the proposed housing type, 200% of the existing
density and 12 additional feet;
(B)
For property with existing maximum density of 17 or more units
per net acre, and 45 or fewer units per acre, based on the proposed
housing type, 150% of the existing density and 24 additional feet;
or
(C)
For property with existing maximum density of 46 or more units
per net acre, based on the proposed housing type, 125% of the existing
density and 36 additional feet.
iii.
Exceptions to the density and height bonuses.
(A)
The density and height bonuses provided by this section do not
apply to housing in areas that are not zoned for residential uses.
(B)
The City may reduce the density or height of the density bonus
as necessary to address a health, safety or habitability issue, including
fire safety, or to comply with a protective measure adopted pursuant
to a statewide land use planning goal provided the City adopts findings
supported by substantial evidence demonstrating the necessity of this
reduction.
c.
Density and Height in Zones That Do Not Allow Housing.
i.
Industrial Zones. The maximum density shall be based on the density applicable to the contiguously zoned residential property including the density bonuses described in subsection , above. If there is more than 1 contiguous residential property, the zoning of the property with the greatest density applies. If the proposed development site is not contiguous to a residentially zoned site, then the density standards of the MR-3 zone shall apply. The height standard of the base zone shall apply.
ii.
SCFI Station Community Fair Complex Institutional. The maximum density
shall be based on the density applicable to the contiguously zoned
residential property including the density bonuses described in subsection
A.2.b., above. If there is more than 1 contiguous residential property,
the zoning of the property with the greatest density applies. If the
proposed development site is not contiguous to a residentially zoned
site, then the density standards of the MR-3 zone shall apply. The
height standard of the base zone shall apply.
d.
Affordable housing projects allowed pursuant to this section are
subject to the development standards in the applicable zone and to
a residential multi-dwelling use. A Type II approval is required if
it would otherwise be required for a development of that scale in
that zone.
B.
House
Bill 2008 Affordable Housing. House Bill 2008 (2021) and this subsection
establish standards to allow a nonprofit corporation organized as
a religious corporation to develop affordable housing.
1.
Applicability
Criteria. Affordable housing projects allowed pursuant to Section
12.40.107.B must meet subsection B.1.a. and b. below:
2.
Standards.
a.
Residential and Nonresidential Sites. The City shall only apply restrictions
or conditions of approval to the development of affordable housing
that are:
i.
Clear and objective as described in ORS 197.307 (4); or
ii.
Discretionary standards related to health, safety, habitability or
infrastructure. For the purposes of this standard, that means that
affordable housing shall not be located on lands where the City determines
that the development on the property cannot be adequately served by
water, sewer, storm water drainage or streets, or will not be adequately
served at the time that development on the lot is complete.
b.
Nonresidential Sites.
ii.
Affordable housing allowed under this subsection shall be subject
only to the restrictions applicable to the contiguously zoned residential
property as limited by subsection B.2.a. of this section and without
requiring that the property be rezoned for residential uses. If there
is more than 1 contiguous residential property, the zoning of the
property with the greatest density applies.
C.
Conversion
of a Hotel or Motel to an Emergency Shelter or Affordable Housing.
House Bill 3261 (2021) and this subsection allow the conversion of
a hotel or motel to an emergency shelter or affordable housing when
the following criteria and standards are met.
1.
"Conversion"
"Lawful use"
Definitions. The definition of "regulated affordable housing" is specified in Section 12.01.500 and the definitions of "conversion" and "lawful use" applicable to this Subsection 12.40.107.C are specified below.
includes an alteration to a building that changes the number
of units but does not expand the building footprint. A conversion
under this section is not a land use decision as defined in ORS 197.015.
includes a nonconforming use as described in ORS 215.130
(6) or any other local land use regulation allowing for the continuation
of a use that was lawful when first enacted.
2.
Applicability
Criteria. Proposed conversions allowed under this Subsection 12.40.107.C
must meet 1 of the following:
3.
Standards.
a.
Site Suitability. The conversion of a hotel or motel to an emergency
shelter or affordable housing pursuant to this section is not permitted
on sites where the City determines that:
i.
There is inadequate transportation access to commercial and medical
services;
ii.
The site is specifically for heavy industrial uses including all
of the Industrial Zones in Subchapter 12.25; or
iii.
The site is designated for a statewide land use planning goal
relating to natural disasters or hazards, including flood plains or
mapped environmental health hazards, unless the converted use complies
with regulations directly related to the disasters or hazards.
c.
Affordable Housing. Conversion of a hotel or motel to affordable
housing, or conversion of a hotel or motel that was previously converted
to an emergency shelter to affordable housing is subject to the following
standards:
d.
Site Alteration. Site alterations, including but not limited to alterations
to parking areas and landscaping, are subject to the applicable standard
in Subchapter 12.50.
D.
Non-Temporary
Emergency Shelters.
1.
Effectiveness
and Vesting. The special use standards described in this Subsection
12.40.107.D shall not apply to shelters meeting the applicability
of Section 3, House Bill 2006 (Section 3, Chapter 18, Oregon Laws
2021) while the bill remains in effect. When Section 3, House Bill
2006 (2021) is repealed, the special use standards below shall be
effective City-wide. Any non-temporary emergency shelter established
in compliance with Section 3, House Bill 2006 (2021) is considered
vested and not subject to the special use standards below as long
as the use of the shelter as an emergency shelter is not interrupted
or abandoned for more than 2 years. Any non-temporary emergency shelter
not meeting the applicability of Section 3, House Bill 2006 (2021)
while the bill remains in effect shall be subject to the special use
standards below.
2.
Intent.
It is the intent of these standards to ensure that any conflicts between
a non-temporary emergency shelter and the surrounding land uses are
mitigated through the special use standards, while also ensuring that
shelter providers are not subject to overly prohibitive standards
that would diminish shelter access within the community.
3.
Characteristics. An emergency shelter is defined in Section 12.01.500 and provides shelter on a temporary basis for individuals and families who lack permanent housing, as well as those without adequate protection during times of extreme weather. As used in this section, a non-temporary emergency shelter is a shelter that is within an existing or newly constructed building(s) and is available year-round rather than being operated during shorter periods of time. Being available year-round shall not require that the shelter is open 365 days per year.
4.
Exceptions.
The following special use standards apply to all non-temporary emergency
shelters, except those allowed through Subsection 12.40.107.C. A temporary
emergency shelter that meets the provisions of HMC Subchapter 11.12
is not subject to these special use standards.
5.
Approval Process. A non-temporary emergency shelter requires approval of a Non-Temporary Emergency Shelter application subject to the Type I procedure identified in CDC Section 12.70.030.
6.
Stakeholder
Engagement. A Non-Temporary Emergency Shelter applicant/operator shall
facilitate a stakeholder engagement process prior to submittal of
the land use application that meets the following minimum standards:
a.
An invitation shall be mailed to all property owners and tenants
within the areas identified below inviting them to engage with the
applicant/operator on the proposed use. In that invitation, the applicant/operator
shall request a written/verbal response within 7 days of the invitation
being mailed and shall provide a specific email address and phone
number where those responses can be sent. In addition, the invitation
shall also include an area for the recipients to identify their preferred
topic area. The invitations shall be mailed to all property owners
and tenants within the radii specified below that shall be taken from
the boundary of the subject property:
b.
The applicant is encouraged to choose the most appropriate form of
engagement based on the amount of interest received and the stakeholders
involved. Examples of this engagement shall include, but not be limited
to, in-person or virtual meetings, a singular large group meeting,
and/or multiple smaller group meetings with written/verbal dialogue
answering questions;
c.
In these engagement discussions, the applicant/operator shall provide
preliminary details of the major elements of the shelter, including
compliance with the standards listed in subsection D.7. below; and
d.
The applicant/operator shall include a copy of the list of parties
notified, affidavits of mailing, copies of all materials provided
during the engagement, and notes from the engagement with the application
upon submittal. If the shelter proposal is revised after the engagement
process, a second stakeholder engagement process with a new invitation
shall be required before the revised application is submitted.
7.
Standards.
A non-temporary emergency shelter shall conform to the following standards.
Unless otherwise modified, the standards of the base zone also apply.
a.
An operations plan for the shelter shall be included with the land
use application. An operations plan shall include, at a minimum, items
addressing shelter supervision and management, client interaction,
rules for shelter use, facility operations and maintenance, safety
and security provisions, and signage that complies with the Hillsboro
Municipal Code.
b.
A shelter shall meet the separation standards in Table 12.40.107-1
and shall not exceed the maximum number of beds dependent upon the
zone where the shelter is located.
|
Table 12.40.107-1
Shelter Separation and Density Standards
| ||
|---|---|---|
|
Zones
|
Minimum Separation Between Properties*
|
Maximum Number of Beds Per Shelter**
|
|
R-10 – R-4.5; SCR-LD; SCR-OTC; SCR-DNC
|
500 feet
|
50
|
|
MR-1 – MR-2; SCR-MD; MU-N; MU-VTC; SCR-V
|
500 feet
|
60
|
|
MR-3; SCR-HD; MU-C; UC-RM; C-N; UC-NC
|
500 feet
|
70
|
|
C-G; SCC-DT; SCC-SC; SCC-MM; UC-MU; UC-AC; UC-OR
|
1,000 feet
|
80
|
|
UC-RP; SCFI
|
1,000 feet
|
90
|
|
I-G; I-P; I-S; SCBP; SCI; SSID; HSID; ESID
|
Not permitted
|
Not permitted
|
|
*
|
The distances are measured from any property line on which the
shelter is located to any other shelter's closest property line.
|
|
**
|
If the site has split zoning, the smaller number applies.
|
c.
Except for a shelter that supports families, children, and/or unaccompanied
youth, a non-temporary emergency shelter shall not be located within
1,000 feet of a public or private elementary, middle, or high school
or other school attended primarily by children under 18 years of age.
This proximity restriction does not apply to day cares. If schools
are sited after a shelter becomes operational, then the shelter shall
be allowed to continue to operate and expand. For purposes of this
subsection, the distances are measured from any property line on which
the shelter is located to the closest property line of the school.
d.
All functions associated with the shelter, except for children's
play areas, outdoor recreation areas, parking, animal runs, and outdoor
waiting must take place within the building(s) proposed to house the
shelter. Outdoor waiting for clients, if any, shall not be in, and
shall be separated from, the public right-of-way. Recreational vehicles
may be permitted to park on the property; however, no living, sleeping,
or residing may occur in recreational vehicles parked on the same
property as a non-temporary emergency shelter unless permitted by
ORS.
8.
Suspension
and Closure. A shelter may be suspended or closed in accordance with
the following procedures and criteria.
a.
The Manager may close the shelter if:
i.
More than 40 valid emergency service calls within 30 calendar days
are made regarding on-site activity associated with the shelter;
ii.
Any safety issues are identified during an inspection, including,
but not limited to, fire and life safety issues that warrant closure;
and/or
iii.
Any violation of the building or fire permits or land use decision,
Hillsboro Municipal Code and/or State or Federal law occurs.
b.
Prior to closure, the Manager shall start by suspending the shelter
and providing the operator with a written notice of the Manager's
intent to close the shelter that specifies which of the above criteria
apply. In the written suspension notice, the Manager shall provide
the operator a minimum of 7 days to either: (i) provide a written
response identifying the plan to reduce the number of valid emergency
service calls; and/or (ii) to correct safety issues and violations.
The shelter may be allowed to continue sheltering clients during the
suspension unless the Manager finds that there is a case of an emergency
or threat to human health or life safety.
c.
If the operator has not corrected the issue(s) identified in the
written notice within 7 days, the Manager shall move to close the
facility. The Manager shall give the operator, clients of the shelter,
and the property owner 7 days to remove shelter components, and for
clients to vacate the location of the shelter. In cases of emergency
or threat to human health or life safety, less than 7 days' notice
may be given. The Manager's decision to close a shelter shall be effective
immediately and shall specify the duration of the closure. An operator
shall be permitted to reopen the facility following the specified
duration of time as long as all items have been corrected and those
corrections have been documented in writing and confirmed by the Manager.
An appeal on the closure shall be made to the City Council. The owner
or operator shall not be required to remove components utilized for
the shelter that are also part of the owner or operator's other routine
operations on the property.
(Ord. 6401 § 1, 2022)
B.
Approval Process. Animal service facilities primarily enclosed within a building, or having exterior yards for supervised activity only, may be permitted in certain zones, subject to Section 12.80.040. Where allowed, facilities with outdoor runs allowing unsupervised activity are permitted only as conditional uses under Section 12.80.020.
C.
Additional
Information on Applications. An application for an animal services
facility or for accessory outdoor exercise areas shall specify the
following operational conditions of the facility or area:
1.
Average
number of animals kept during a 24-hour period, weekdays and weekends,
and maximum number of animals kept during peak periods;
2.
On-site
pick-up/drop-off vehicle circulation patterns;
3.
Interior
and exterior noise attenuation materials to be used, including, but
not limited to, solid exterior noise barriers and enhanced interior
building insulation;
4.
Visual
screening of outdoor exercise areas or runs;
5.
Sanitation
measures for outdoor exercise areas;
6.
Staffing
levels during all hours of operation; and
7.
Schedule
and scale of training, competition, or show activities generating
additional vehicular traffic or on-site activities.
D.
Standards
for Outdoor Exercise Areas. Accessory outdoor exercise areas shall
comply with the following standards:
1.
Not
more than 10 animals per 1,000 square feet of outdoor exercise area
shall be permitted in the area at any given time;
2.
Outdoor
exercise areas shall be fully screened from adjacent properties and
from public right-of-way;
3.
Noise
attenuation measures shall be provided on the walls or fences of outdoor
exercise areas, to mitigate animal generated noise. This standard
will be considered met if the applicant provides documentation from
a qualified sound engineer that the sound attenuation measures will
ensure compliance with the following standards:
a.
Animal-generated noise at any property line of the site does not
exceed 60 dBA at any time except as provided in subparagraph b;
b.
Animal-generated noise above 60 dBA shall be allowed on an "infrequent"
basis within the 12-hour period between 7:00 a.m. and 7:00 p.m. of
the same day. In applying this standard "infrequent" is defined as
either:
4.
The
effectiveness of these standards may be reevaluated at any time at
the discretion of the Review Authority responsible for the initial
decision.
(Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics.
An automobile service station is a vehicle service and repair use
specifically providing primarily vehicle fuel sales, but which may
also supply other goods and services, excluding major vehicle repairs,
painting, and body work.
B.
Approval Process. Where permitted, automobile service stations are subject to approval as a as a conditional use under Section 12.80.020.
C.
Standards.
Approval and operation of new automobile service stations shall conform
to the following standards:
1.
Location.
No service station shall be located closer than 200 feet from any
school or public playground and 400 feet from any church, hospital,
or residential services facility.
4.
Screening.
A sight-obscuring fence or wall 6 feet to 8 feet high must be provided
between the service station site and abutting property in a residential
zone. In the front yard setback the height of the wall or fence must
be reduced to 3 ½ feet.
(Ord. 6401 § 1, 2022)
A.
Characteristics. Bed and breakfast inn is defined in Section 12.01.500. Bedroom units in a bed and breakfast inn typically do not contain individual cooking facilities. The lodging price at a bed and breakfast inn typically includes the price of a morning meal available only to guests of the inn. Additional rooms or structures may be added onto the original building or site provided the total number of lodging units remains at 5 or less.
C.
Standards.
Bed and breakfast inns permitted as conditional uses in residential
zones must comply with the following standards:
1.
The
site to be used as a bed and breakfast inn must contain a dwelling
unit having been occupied as a residence for at least 5 years prior
to the date of conditional use application submittal;
2.
The
site of the bed and breakfast inn must contain a dwelling unit occupied
as the primary residence of the person or persons identified as the
bed and breakfast operator(s). Primary residence is defined as the
operator's permanent residence of record as substantiated by official
documents such as driver's license or tax forms;
3.
Commercial
assembly events, such as weddings, meetings, receptions, or other
gatherings for direct or indirect compensation, shall not be held
at the inn;
4.
No
more than an average of 5 customer vehicles may access the premises
on a daily basis;
5.
No
more than an average of 2 business related deliveries per day is allowed.
Business deliveries shall not restrict pedestrian or vehicular circulation
on adjoining public streets and sidewalks;
6.
No
more than 1 person who is not a principal resident of the site containing
the bed and breakfast inn can be engaged in the operation of the bed
and breakfast inn at any one time;
7.
A
parking plan with the following elements shall be included in the
Conditional Use application or the Development Review application:
a.
On-site parking including the minimum required off-street parking
for the residential use and 1 off-street parking space for each inn
bedroom;
b.
Location of all parking on an all-weather surface within site boundaries,
including the driveway leading to the garage/carport vehicle entrance.
One parking space may be allowed adjacent to the driveway, in front
of the side yard adjacent to the garage/carport, with evidence of
written permission from the owner of the property adjacent to the
additional space. If no garage/carport is present, then parking shall
be designed to minimize its appearance from the street and its impact
to adjacent residents, and to maintain a residential appearance for
the site; and
c.
Provision of a solid fence or wall, together with landscaping, to
buffer surrounding residents from the adverse effects of headlights
and noise from guest or employee vehicles.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics.
Cemeteries are land used or intended to be used for interment of the
dead. Interment structures such as mausoleums and columbariums, and
structures for associated Uses such as mortuaries and crematoria may
be included within the boundaries of a cemetery. Accessory structures
may include chapels, maintenance buildings and caretakers' dwellings.
C.
Standards.
Applications for new cemeteries, mausoleums, or columbariums shall
comply with the following standards:
1.
Minimum
Lot Size. The minimum lot size shall be 2 acres if used for earthen
burials. The minimum lot size for mausoleums and columbariums without
earthen burials shall be that of the applicable base zone.
2.
Minimum
Lot Size with Accessory Uses. The minimum lot size shall be 5 acres
where a mortuary, crematorium, columbarium or mausoleum is included
in the cemetery.
4.
Plat
Requirements. A plat and maintenance agreement shall be recorded prior
to sale of lots.
5.
State
Requirements. Cemetery operation shall continuously conform to applicable
State standards.
(Ord. 6401 § 1, 2022)
A.
Characteristics. Day care facilities provide care to children or adults. Child care facilities are defined in Section 12.01.500. As used in this Code, day care facilities applies to the total child or adult care operation and includes the physical setting, administration, staff, equipment, program, and care of children or adults.
B.
Approval
Process. Day care facilities may be allowed as either permitted or
conditional uses, dependent on the applicable base zone standards.
C.
Exemptions
from Standards. Pursuant to ORS 329A, certified or registered family
child care homes serving 16 or fewer children, or licensed adult day
care services facilities serving 5 or fewer adults, are exempt from
the standards in this section.
(Ord. 6120 § 1, 2015; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics.
Flag lot developments may be approved for any type of structure on
a lot without full street frontage, to which street access is provided
by an access strip (the "pole"). The vehicular access to the buildable
portion of the lot (the "flag") may be located on the "pole" or on
an easement on an adjacent lot. Creation of flag lots may be restricted
by the Review Authority if alternative means of access or lotting
patterns is deemed more appropriate by the Review Authority.
B.
Restrictions on Flag Lot Development. The City's preferred standard for lot configuration is regular lots as defined in Section 12.01.500. Creation of flag lots may be approved only under the limited circumstances listed below:
1.
In
standard zones, where construction of a public cul-de-sac street would
prevent achievement of the minimum residential density or any minimum
floor area ratio of the applicable zone.
2.
Creation
of flag lots is not permitted in the SCR-OTC Station Community Residential
- Orenco Townsite Conservation District zone.
3.
In
any light rail zone except the SCR-OTC, creation of flag lots is restricted
as listed below:
a.
Flag lots are not permitted unless the Review Authority finds, based
on documentation provided by the applicant, that dedication and improvement
of a public or private alley is impracticable; or
b.
Flag lots are not permitted on corner lots. The Review Authority
may approve reduced lot depths or widths to allow partitioning of
a corner lot if there is no possibility of future construction of
an alley in lieu of the requested flag lot access.
4.
In
a light rail zone, the Review Authority may approve a "temporary"
flag lot access if alley right-of-way or easements are not available,
and the applicant dedicates or provides a permanent public easement
on the rear portion of the flag lot as necessary to provide right-of-way
necessary for a future alley. Temporary flag lot access strips shall
meet the standards of Table 12.40.160-1 below.
C.
Standards.
Flag lot development shall be subject to compliance with the following
standards:
2.
In
residential development, multi-dwelling structures and townhouses
with more than 3 units are prohibited on flag lots.
3.
Access
strips and individual or common driveway improvements for flag lots
shall be provided at the widths shown in Table 12.40.160-1 below.
|
Table 12.40.160-1:
Minimum Access Strip Widths and Driveway Improvements for Flag
Lots
| |||
|---|---|---|---|
|
Flag Lot Configuration
|
Minimum Lot Frontage/Flagpole Width
|
Minimum Pavement Width
|
Minimum Driveway Easement Width
|
|
Residential Development: Single Detached; One Dwelling
Unit per Flag Lot
| |||
|
1 lot
|
12 feet
|
10 feet
|
12 feet
|
|
2 lots with adjacent flags
|
8 feet for each lot
|
15 feet
|
17 feet
|
|
3 lots with adjacent flags
|
8 feet for each lot
|
20 feet
|
22 feet
|
|
Residential Development: Duplex or Two- or Three-Unit
Townhouse Dwelling Units per Flag Lot
| |||
|
Duplex on 1 lot (2 units on 1 lot)
|
12 feet
|
15 feet
|
17 feet
|
|
2- or 3-Unit Townhouse (1 unit per lot) on 2-3 lots with adjacent
flags
|
10 feet for each lot
|
15 feet
|
17 feet
|
|
Residential Development: Triplex, Quadplex, or Cottage
Cluster
| |||
|
1 triplex, quadplex or cottage cluster on 1 flag lot
|
25 feet
|
20 feet
|
25 feet
|
|
Commercial, Industrial or Institutional Development
| |||
|
Any number of buildings on 1 flag lot
|
25 feet
|
26 feet
|
26 feet
|
4.
Pavement
sections, including minimum access strip widths for flag lot driveway
improvements are subject to approval by the City Engineer and the
Fire Marshal, based on Oregon Fire Code requirements.
5.
Turnaround
configuration and dimensions for flag lot driveways and common driveways
are subject to approval by the City Engineer and the Fire Marshal,
based on Oregon Fire Code requirements.
6.
Sidewalks
shall be required by the Review Authority for flag lot development
for 3 or more dwellings or non-residential development.
7.
Utility
improvements for development on flag lots is subject to approval by
the City Engineer, the Fire Marshal, and the Building Official, based
on currently adopted codes including the Oregon Fire Code and Oregon
Structural Specialty Code.
8.
Each
structure on a flag lot shall be served by water, sanitary and storm
service connections. Townhouses on flag lots shall have separate utility
connections for each dwelling.
9.
Parking
is prohibited on flag lot driveways and common driveways in all development
types. The Review Authority may require installation of No Parking
signage on such driveways as a condition of approval.
10.
Structural setbacks on flag lots shall conform to the requirements of the applicable zone. Setbacks shall be measured as described in Section 12.50.130.
11.
Access, maintenance and utility easements necessary to accommodate
and maintain proposed driveway improvements and utilities shall be
provided prior to final occupancy of any structures on the flag lots.
Easement documents shall be prepared and submitted on forms acceptable
to the City.
(Ord. 6120 § 1, 2015; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics. Home occupations are defined in Section 12.01.500. In appearance and operation, a home occupation is a small-scale business activity conducted in a manner neither detrimental nor disruptive to neighboring properties and residents.
B.
Exemptions.
The following activities are exempt from the provisions of this section:
1.
Garage
sales as allowed by Subchapter 5.40 of the Hillsboro Municipal Code;
2.
Child
care facilities for up to 16 children or adult day care for up to
12 adults, pursuant to ORS 657A.440 and ORS 657A.250; and
3.
Residential
homes or adult foster homes providing residential treatment or training
for up to 5 adults who are not related to the provider by blood or
marriage under ORS 443.705 (1), pursuant to ORS 197.665.
C.
Uses
Not Permitted as Home Occupations. The following uses are not permitted
as home occupations:
1.
Auto-body
repair and painting;
2.
On-going
mechanical repair conducted outside of an entirely enclosed building;
3.
Junk
and salvage operations;
4.
Storage
and/or sale of fireworks;
5.
Marijuana
facilities; and
6.
Any
other use with characteristics consistent with home occupations but
non-compliant with these standards.
D.
Standards
for Operation. Home occupations shall operate in on-going conformance
with the following standards:
1.
Operation
of a home occupation requires issuance of a City business license
and renewal as necessary;
2.
No
more than 25% of the floor area of all structures on the lot or 528
square feet, whichever is less, can be used in connection with the
home occupation or associated storage;
3.
No
one other than the principal residents of the dwelling, and not more
than 2 persons closely related to the principal residents, shall be
engaged in the home occupation at the dwelling;
4.
No
more than 1 commercially licensed vehicle in excess of 1-ton manufacturer's
rating shall be utilized or parked at the dwelling unit in connection
with the home occupation;
5.
No
more than an average of 10 customer vehicle trips per day area allowed,
with no more than 2 customer vehicles on the premises at any time;
6.
No
more than 3 business related deliveries per week are allowed. Such
deliveries shall not restrict pedestrian or vehicular circulation
on adjoining public streets and sidewalks. Deliveries by the U.S.
Postal Service are not considered business related deliveries for
purposes of this provision;
7.
No
direct retail sales are permitted, excepting the occasional sale of
products associated with the home occupation, with such sales being
clearly secondary to the primary business activity; and
8.
No
customers may enter the premises between the hours of 9:00 p.m. and
7:00 a.m.
E.
Activities
Not Permitted with Home Operations. Conduct of home occupations shall
not include any of the following activities:
1.
Displays
or other evidence of business operations visible from public right-of-ways
or abutting residences, except for signage as permitted by HMC 11.32;
2.
Changes
in the IBC occupancy classification of the residence or any accessory
structure;
3.
Outside
storage of equipment, materials, or supplies associated with the home
occupation;
4.
Indoor
storage or use of hazardous materials not normally associated with
a residence is not permitted; and
5.
Generation
of any noise, vibrations, odors, heat, glare or visual or audible
electrical interference or fluctuations in the line voltage detectable
beyond any property line.
F.
Compliance
with Standards through Conditions. The Review Authority may impose
conditions on approval of a home occupation permit to ensure compliance
with this section. Such conditions may include, but are not limited
to, the following:
1.
Limitations
on hours, days, place and manner of operation;
2.
Construction
or installation of site and building design features to minimize noise,
vibration, air pollution, glare, odor and dust;
3.
Increased
building setbacks;
4.
Limitations
on building area and outdoor storage used by the home occupation and/or
restrictions on the location of home occupation uses on the site in
relation to adjoining uses;
5.
Restriction
of the size, number, location and design of vehicular access points;
6.
Restriction
of on-street parking adjacent to the home occupation site;
7.
Installation
of landscaping to screen the use from adjoining properties, and continued
maintenance of such landscaping;
8.
Installation
of fencing, including specifications regarding size, height, location,
and materials;
9.
Construction
of additional paved areas for parking and loading areas and additional
storm drainage improvements as necessary to accommodate the increased
impervious surface;
10.
Limitations on interior or exterior building remodeling to accommodate
the home occupation;
11.
Limitations on the location and intensity or outdoor lighting; and
12.
Limitations on the type and number of vehicles or equipment parked
or stored on site.
(Ord. 6160 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics. Manufactured dwelling projects are defined in Section 12.01.500. In manufactured dwelling projects, separate water and sanitary sewer connections are provided for each manufactured dwelling. Individual parking spaces, community buildings and/or open space may also be provided. Access to individual units is provided by privately owned and maintained streets.
B.
Approval Process. Where permitted under the base zone standards of Subchapters 12.21 through 12.26, manufactured dwelling projects shall be reviewed as a Conditional Use under a Type III procedure pursuant to Section 12.70.050, except that the Review Authority shall be the Planning Commission.
C.
Standards.
Development of new manufactured dwelling projects shall be reviewed
for compliance with the following standards:
1.
Zoning
and Density. Manufactured dwelling projects may be approved in the
MR-1 Multi-Dwelling Residential zone.
2.
Location Outside Floodplain. All new manufactured dwellings in projects shall be placed above the elevation of the Base Flood on the property, as referenced in Section 12.27.100.
3.
Age.
All dwellings placed in new manufactured dwelling projects shall have
been constructed after June 15, 1976. All dwellings shall bear an
"Insignia of Compliance" indicating compliance with the Federal Manufactured
Dwelling Construction and Safety Standards and bear a date of manufacture,
except if the dwelling is being relocated due to the closure or partial
closure of another manufactured dwelling project pursuant to paragraph
4 below.
4.
Age
Exception in Older Projects. Manufactured dwellings constructed before
June 15, 1976 may be relocated to an existing project from another
project. Dwellings relocated shall be replacements of dwellings previously
in the project: placement of additional dwellings increasing the total
number is not permitted except under Subchapter 12.30.
5.
Project
Design Requirements.
a.
Design Team. All manufactured dwelling projects shall be designed
by a team including an architect (or a landscape architect) and a
civil engineer, all licensed by the State of Oregon.
b.
Minimum Lot Size: 1.00 acres.
c.
Minimum Lot Frontage: 100 feet on a public street.
d.
Maximum Lot Coverage: 50% of the gross lot area.
e.
Minimum Common Recreation Area: five percent of the site area.
h.
Street Standards. All interior streets within the manufactured dwelling
project shall be privately owned and maintained. Interior streets
shall be improved to the widths shown in Table 12.40.180-1:
|
Table 12.40.180-1:
Manufactured Dwelling Project Street Improvements
| ||||
|---|---|---|---|---|
|
Number of Dwellings Served
|
Street Type
| |||
|
Entry Street
|
Loop Street
|
Cul-de-sac < 300 feet long
|
Cul-de-sac > 300 feet long
| |
|
1-120
|
32 feet
|
28 feet
|
24 feet
|
28 feet
|
|
121+
|
36 feet
|
32 feet
|
24 feet
|
28 feet
|
i.
Maximum Cul-de-Sac Length: 500 feet.
ii.
Cul-de-Sac Terminus Configuration. Turnaround configuration and dimensions
for cul-de-sacs are subject to approval by City Engineer and Fire
Marshal, based on Oregon Fire Code requirements.
iii.
Street Cross Section and Materials. Interior streets shall be
constructed to the public street cross-section and materials standards
pursuant to the Public Works Design and Construction (D&C) Standards.
iv.
Curbs. Interior streets shall have a continuous concrete curb on
both sides of the street, compliant with the D&C Standards for
public street improvements.
i.
Sidewalks. Interior streets 36 feet wide shall have a sidewalk on
both sides of the street. Interior streets less than 36 feet wide
shall have a sidewalk on one side of the street. Such sidewalks shall
be compliant with the D&C Standards for public street improvements.
Mailboxes, light poles, or other obstructions that may be located
a sidewalk shall be placed to leave at least five feet of unobstructed
width.
j.
Utilities.
i.
Plans. Plans for water, sanitary sewer and storm drainage lines shall
be subject to review and approval by the City Engineer. All on-site
systems shall be public systems, compliant with the D&C Standards
for public utility improvements.
ii.
Storm Drainage. All storm drainage shall be compliant with the D&C
Standards for public utility improvements. If a public storm drain
line is not available, the developer may be required to construct
an off-site storm drainage system acceptable to the City Engineer
and compliant with the D&C Standards for public utility improvements.
iii.
Electricity and Telecommunications Cable. All electrical and
telecommunications cable lines shall be located underground.
k.
Minimum Resident Parking. Two off-street parking spaces per dwelling
unit. Spaces may be in a tandem configuration, but shall not be located
in a perimeter yard. Driveways and off-street parking areas shall
be paved with asphaltic concrete or Portland cement concrete.
l.
Minimum Guest Parking. One space per five dwelling units. Guest parking
may be located on-street where on-street parking is permitted pursuant
to Table 12.40.180-2.
|
Table 12.40.180-2:
Parking on Manufactured Dwelling Project Private Streets
| |
|---|---|
|
Street Width
|
Parking Permitted
|
|
36 feet
|
Both sides
|
|
32 feet
|
Both sides
|
|
28 feet
|
One side
|
|
24 feet
|
No parking
|
m.
Landscaping. All areas not occupied by parking, streets, or structures shall be landscaped consistent with Section 12.50.220 including removal of dead plants and irrigation.
n.
Perimeter Fencing. A uniform perimeter fence between four and six
feet high shall be installed to separate the project from the adjacent
properties.
o.
Street Names & Addresses. Private street names and individual dwelling addresses shall conform to the City street name and address grid. Street identification signs shall be standard City street signs unless other similar street identification signs are approved during the Development Review process under Section 12.80.040. Street identification signs shall be installed prior to the placement of any manufactured dwelling in the project and shall be maintained by the project owner.
p.
Recreational Vehicle Storage. Storage areas for recreational and
similar vehicles or equipment shall not be located within 100 feet
of the perimeter lot lines of the site, and shall have a 10 foot setback
to the nearest structure inside the project. Storage areas shall be
screened by a sight-obscuring fence and landscaping.
q.
Manufactured Dwelling Design. All manufactured dwellings within a
project shall comply with the following design standards:
i.
Removal of Towing Equipment. All towing hitches, wheels, running
lights and other towing related equipment shall be removed within
30 days after installation.
ii.
Foundations. Foundations shall conform to the construction specification
of the Oregon Manufactured Dwelling Installation Specialty Code.
iii.
Siding. All dwellings shall have vinyl, wood or aluminum lap
siding or pretreated simulated wood siding and composition shingle
roofing.
iv.
Roofs. Roof slope shall have a minimum 2:12 pitch with a minimum
six-inch overhang. All roof areas shall have gutters with runoff draining
through piped connections to the adjacent street gutter or to the
project storm drainage system.
v.
Skirting. Dwellings and decks shall be skirted with vinyl, wood or
aluminum lap siding, pretreated simulated wood siding or masonry to
blend with the color and texture of the dwelling exterior. Skirting
shall be installed within 30 days of setup.
vi.
Awnings, Decks & Carports. All manufactured dwellings shall have
a deck or patio with a minimum size of 120 square feet and an attached
or detached garage or covered carport. Garages or carports shall be
constructed and finished to blend with the exterior materials of the
manufactured dwelling.
vii.
Storage Sheds. One storage shed is allowed for each dwelling.
Storage sheds shall be 200 square feet or smaller, located adjacent
to the dwelling or deck, and painted or finished to match the exterior
color of the dwelling. If required, the storage shed shall conform
to the structural requirements of the Oregon Residential Specialty
Code or other applicable codes.
viii.
Antennas. Telecommunication antennas larger than three feet
diameter are not permitted unless the antenna serves a centralized
signal distribution system in the project. Home dish antennas smaller
than three feet in diameter shall be installed only at the rear of
the dwelling, five feet or less above the roof peak. Antennas shall
not be located in a perimeter yard.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6451 § 1, 2023)
A.
Characteristics. Manufactured dwellings as defined in Section 12.01.500 may be placed on individual lots outside a manufactured dwelling project, in any zone where single detached dwellings are permitted. Manufactured dwellings may also be placed on individual lots as part of a cottage cluster project in which each dwelling unit is on its own lot.
B.
Approval
Process. A manufactured dwelling shall be subject to the same approval
process that would apply to a single detached dwelling in that zone.
C.
Standards.
Placement of manufactured dwellings outside manufactured dwelling
projects shall be reviewed for compliance with the following standards:
1.
Location
and Density. Manufactured dwellings may be placed on individual lots
outside a manufactured dwelling project, in any zone where single
detached dwellings are permitted, subject to the minimum and maximum
residential densities of the underlying base zone.
2.
Location Outside Floodplain. Placement is not permitted in the 100-year floodplain except in compliance with Section 12.27.100.
3.
Certification.
The manufactured home shall be certified by the manufacturer that
the structure has an exterior thermal envelope meeting performance
standards which reduce levels equivalent to the performance standards
required of single-family dwellings constructed under the Low-Rise
Residential Dwelling Code as defined in ORS 455.010.
4.
Lot
Size, Setbacks, and Lot Coverage. Placement of the dwelling shall
comply with all the standards of the applicable base zone.
5.
Standards.
A manufactured dwelling shall be subject to the same standards that
would apply to a single detached dwelling in that zone.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics. Five types of marijuana facilities are defined in Section 12.01.500. For purposes of this Code, marijuana facilities must be licensed by the Oregon Liquor Control Commission or Oregon Health Authority. A marijuana business not licensed by the Oregon Liquor Control Commission or Oregon Health Authority is not permitted in any zone.
B.
Approval Process. Where permitted, marijuana facilities are subject to approval under Section 12.80.040 Development Review. Applications for Development Review approval shall include detailed responses to the applicable standards listed in this section.
C.
Standards
for Marijuana Retail Sales Facilities.
1.
Hours
of Operation. Marijuana retail sales facilities shall operate only
between the hours of 8:00 a.m. to 10:00 p.m. An individual retailer
may set hours within those specified, but may not be open outside
those parameters.
2.
Security
Measures Required.
a.
Landscaping shall be continuously maintained to provide clear lines
of sight from public rights-of-way to all building entrances.
b.
Exterior lighting shall be provided and continuously maintained consistent
with Subsections 12.50.240.C and D.
c.
Any security bars installed on doors or windows visible from the
public right-of-way shall be installed interior to the door or window,
in a manner that they are not visible from the public right-of-way.
3.
Co-Location
Prohibited. A marijuana retail sales facility shall not be located
at the same address as a marijuana processing or production facility,
including a grow operation. A dispensary shall also not be located
at the same address with any facility or business at which medical
marijuana is consumed by cardholders.
4.
Mobile
or Temporary Businesses Prohibited. A marijuana retail sales facility
may not operate as a mobile or temporary business as defined in the
municipal code.
5.
Drive-in or Drive-Through Facilities Prohibited. A marijuana retail sales facility shall not have a drive-in or drive-through facility, as defined in Section 12.01.500.
6.
Proximity
Restrictions. A marijuana retail sales facility shall not be located
within the specified proximity of any of the uses listed below. For
purposes of this paragraph, the distance specified is measured from
the closest points between property lines of the affected properties:
a.
Schools. Within 1,000 feet of a public or private elementary, middle,
or high school or other school attending primarily by children under
18 years of age.
b.
Other Retail Facilities. Within 1,000 feet of another marijuana retailer.
c.
Public Plazas and Active Use Parks. Within 1,000 feet of a public
plaza or active use park. As used in this paragraph, an active use
park includes a public park which includes features such as playground
equipment, athletic courts or fields, active use water features, or
skating or skateboard features.
d.
Other Uses. Within any distance from any other use as specified by
State law.
7.
Where Proximity Restrictions Bisect Properties. In the circumstance where a proximity restriction distance bisects a property, that property's eligibility as a location for a marijuana retail sales facility shall be determined by the Planning Director under the Type II Director's Interpretation process pursuant to Section 12.80.050, based on the factors listed below.
8.
Exceptions
to Proximity Restrictions.
a.
A marijuana retail sales facility that exists at the time any use listed in paragraph 6 of this subsection C is located within 1,000 feet of the facility may remain at that location.
b.
A marijuana retail sales facility may be located within 1,000 feet
of the uses listed in paragraph 6 of this subsection if:
i.
Pursuant to ORS 475B.109, the Oregon Liquor Control Commission determines
that there is a physical or geographic barrier capable of preventing
children from traversing to the premises of the marijuana retailer;
and
ii.
The marijuana retail sales facility is not located within 500 feet
of the uses listed in paragraph 6 of this subsection.
D.
Standards
for Marijuana Production, Processing, Testing Laboratories, and Wholesale
Sales Facilities.
1.
Facility
Construction Requirements. Marijuana production, processing, testing
laboratories, and wholesale sales facilities shall take place consistent
with the Use Tables in Subchapter 12.25 and only within buildings
compliant with the following standards:
a.
In the I-G General Industrial zone, either in existing buildings
constructed and occupied as of May 16, 2016 or in new buildings; both
subject to compliance with paragraph c below;
b.
In the I-P Industrial Park zone, the SC-BP Station Community Business
Park zone, and the SCI Station Community Industrial zone: either in
existing buildings as of May 16, 2016, or in new buildings of either
tilt-up concrete or concrete masonry unit (CMU) construction; both
subject to compliance with paragraph c below.
c.
In the case of production facilities, views from the exterior of
the building into the production area are prohibited. Views of interior
lighting in the production area from the exterior of the building
are also prohibited.
2.
Public
Access Prohibited. Access to an industrial facility shall be limited
to employees, personnel, and guests over the age of 21, authorized
by the facility operator.
3.
Security
Measures Required.
a.
Landscaping shall be continuously maintained to provide clear lines
of sight from public rights-of-way to all building entrances.
b.
Exterior lighting shall be provided and continuously maintained consistent
with Subsection 12.50.240.C.
c.
Any security bars installed on doors or windows visible from the
public right-of-way shall be installed interior to the door or window,
in a manner that they are not visible from the public right-of-way.
4.
Odor
Mitigation Measures Required. Production and processing facilities
shall install and maintain enhanced ventilation systems designed to
prevent detection of marijuana odor from adjacent properties or the
public right-of-way. Such systems shall include the following features:
a.
Installation of activated carbon filters on all exhaust outlets to
the building exterior;
b.
Location of exhaust outlets a minimum of 10 feet from the property
line and 10 feet above finished grade; and
c.
Maintenance of negative air pressure within the facility; or
d.
An alternative odor control system approved by the Building Official
based on a report by a mechanical engineer licensed in the State of
Oregon, demonstrating that the alternative system will control odor
equally or better than the required activated carbon filtration system.
5.
Waste
Security Measures Required.
a.
Prior to disposal, marijuana waste shall be rendered unusable by
either grinding and mixing (at a ratio of at least 1:1) with other
compostable materials or yard waste, or by mixing with noncompostable
solid waste such as paper, cardboard, plastic, soils, or other approved
materials.
b.
Marijuana waste shall be temporarily stored in an indoor container
until it is rendered unusable.
c.
Any facility generating marijuana waste shall use the services of
a solid waste franchisee or self-haul such materials to a properly
licensed and approved solid waste disposal or recycling facility.
d.
An alternative waste security system approved by the Sustainability
Program Manager, demonstrating that the alternative system will render
marijuana waste unusable equally or better than the required grinding,
mixing, and disposal system.
6.
Proximity
Restrictions. A marijuana production, processing, testing laboratory
or wholesale sales facility shall not be located within 100 feet of
any residential, mixed use, urban center or institutional zone. For
purposes of this paragraph, the distance specified is measured from
the closest points between property lines of the affected properties.
In the circumstance where a proximity restriction distance bisects
a property, that property's eligibility as a location for a facility
shall be determined as specified in subsection C.7.
(Ord. 6116 § 1, 2015; Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6418 § 1, 2022)
A.
Characteristics.
In residential projects, model homes are sometimes built to be used
for lot and home sales purposes and/or as examples of available floor
plans, materials and finishes. To facilitate early sales, such model
homes are generally constructed prior to completion of all the streets
and utility lines within the development. When sales are complete,
the sales office use is discontinued and the structures convert to
their intended use as dwelling units.
B.
Standards.
Construction of model homes as project sales offices shall be reviewed
for compliance with the following standards:
1.
The
number of model homes in a development shall not exceed the number
of lots of record within the boundary of the development.
2.
The
model home(s) shall be connected to water and sanitary sewer lines
prior to occupancy as a sales office. Lines used for connection shall
be inspected and accepted by the City prior to connection.
3.
If
the development includes a land division, the model home shall be
sited where its setbacks will comply with the standards of the underlying
base zone after the land division plat is recorded.
4.
Fire
protection shall be available to the model home(s) during both construction
and occupancy as a sales office. Fire protection plans shall be submitted
and shall be subject to review and approval by the Fire Marshal.
5.
Emergency
vehicle access shall be provided to the model home(s) during both
construction and occupancy as a sales office.
6.
Any
structural or architectural modifications or features on the model
home related to its use as a sales office shall be removed before
it is converted to a dwelling unit.
(Ord. 6401 § 1, 2022)
A.
Characteristics. Places of assembly are defined in Section 12.01.500 and are characterized by concentrations of people gathering in reasonably close quarters for educational, religious, athletic, recreational, or other purposes, and where such assembly is associated with the primary use of the site. Places of assembly examples include, but are not limited to, major and minor assembly facility uses such as religious institutions, conference centers, and stadiums; schools, including public or private schools; and similar uses. Facilities secondary to a primary use, such as a conference center within an industrial campus, are not places of assembly.
B.
Approval Process. Pursuant to Subchapters 12.21 through 12.26, the various uses considered to be places of assembly may be permitted, allowed through the Conditional Use process consistent with Section 12.80.020, or not permitted, depending on the use and zone. Uses are described in Subchapter 12.10.
C.
Standards.
Construction of new structures, or conversion of existing structures,
to places of assembly shall be reviewed under the following standards:
1.
Compliance
with Applicable Codes. Applicable IBC provisions for exiting, fire
suppression, ventilation, and sanitary facilities.
2.
Parking and Internal Vehicle Circulation. Provision of adequate parking and internal circulation as specified in Section 12.50.300.
3.
Setbacks.
In a residential zone, provision of front, side and rear yard setbacks
equal to one-half the height of the principal structure. In any zone
the Review Authority may require increased setbacks beyond the standard
of the applicable base zone.
4.
Height.
The principal structure of a place of assembly may exceed the height
limitations of the applicable zone up to a maximum height of 50 feet
if the FAR of all structures on site is less than 1.5 and the setback
of the principal structure complies with paragraph 3 above.
5.
Minimum
Elementary School Acreage. One acre of site area for each 90 pupils
or a minimum of 1 acre for each 3 classrooms, whichever is greater.
(Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics. Three types of psilocybin facilities are defined in Section 12.01.500. For purposes of this Code, psilocybin facilities must be licensed by the Oregon Health Authority. A psilocybin business not licensed by the Oregon Health Authority is not permitted in any zone.
B.
Approval Process. Where permitted, psilocybin facilities are subject to approval under Section 12.80.040. Applications for Development Review approval shall include detailed responses to the applicable standards listed in this section.
C.
Standards
for Psilocybin Service Centers.
1.
Hours
of Operation. Psilocybin service centers shall operate only between
the hours of 8:00 a.m. to 10:00 p.m. An individual service center
may set hours within those specified, but may not be open outside
those parameters.
2.
Floor
Area. The maximum floor area of a psilocybin service center shall
be 2,000 square feet.
3.
Security
Measures Required.
a.
Landscaping shall be continuously maintained to provide clear lines
of sight from public rights-of-way to all building entrances.
b.
Exterior lighting shall be provided and continuously maintained consistent
with Subsections 12.50.240.C and D.
c.
Any security bars installed on doors or windows visible from the
public right-of-way shall be installed interior to the door or window,
in a manner that they are not visible from the public right-of-way.
4.
Mobile
or Temporary Businesses Prohibited. A psilocybin service center may
not operate as a mobile or temporary business as defined in the Municipal
Code.
5.
Drive-in or Drive-Through Facilities Prohibited. A psilocybin service center shall not have a drive-in or drive-through facility, as defined in Section 12.01.500.
6.
Proximity
Restrictions. A psilocybin facility shall not be located within the
specified proximity of any of the uses listed below. For the purposes
of this paragraph, the distance specified is measured from the closest
points between the property lines of the affected properties:
a.
Schools. Within 1,000 feet of a public or private elementary, middle,
or high school or other school attended primarily by children under
18 years of age.
b.
Public Plazas and Active Use Parks. Within 1,000 feet of a public
plaza or active use park. As used in this paragraph, an active use
park includes a public park which includes features such as playground
equipment, athletic courts or fields, active use water features, or
skating or skateboarding features.
c.
Other Uses. Within any distance from any other use as specified by
State law.
7.
Where Proximity Restrictions Bisect Properties. In the circumstance where a proximity restriction distance bisects a property, that property's eligibility as a location for a psilocybin facility shall be determined by the Planning Director under the Type II Director's Interpretation process pursuant to Section 12.80.050, based on the factors listed below.
8.
Exceptions
to Proximity Restrictions.
a.
A psilocybin facility that exists at the time any use listed in paragraph 5 of this subsection C is located within 1,000 feet of the facility may remain at that location.
b.
A psilocybin facility may be located within 1,000 feet of the uses
listed in paragraph 5 of this subsection if:
i.
Pursuant to ORS 475A.310, the Oregon Health Authority determines
that there is a physical or geographic barrier capable of preventing
children from traversing to the premises of the psilocybin service
center; and
ii.
The psilocybin facility is not located within 500 feet of the uses
listed in paragraph 5 of this subsection.
D.
Standards
for Psilocybin Production or Testing Facilities.
1.
Facility
Construction Requirements. Psilocybin production and testing facilities
shall operate place only within buildings compliant with the following
standards:
a.
In the case of production facilities, views from the exterior of
the building into the production area are prohibited.
2.
Public
Access Prohibited. Access to an production or testing facility shall
be limited to employees, personnel, and guests over the age of 21,
authorized by the facility operator.
3.
Security
Measures Required.
a.
Landscaping shall be continuously maintained to provide clear lines
of sight from public rights-of-way to all building entrances.
b.
Exterior lighting shall be provided and continuously maintained consistent
with Subsection 12.50.240.C.
c.
Any security bars installed on doors or windows visible from the
public right-of-way shall be installed interior to the door or window,
in a manner that they are not visible from the public right-of-way.
4.
Waste
Security Measures Required.
a.
Prior to disposal, psilocybin waste shall be rendered unusable by
either grinding and mixing (at a ratio of at least 1:1) with other
compostable materials or yard waste, or by mixing with noncompostable
solid waste such as paper, cardboard, plastic, soils, or other approved
materials.
b.
Psilocybin waste shall be temporarily stored in an indoor container
until it is rendered unusable.
c.
Any facility generating psilocybin waste shall use the services of
a solid waste franchisee or self-haul such materials to a properly
licensed and approved solid waste disposal or recycling facility.
d.
An alternative waste security system approved by the Sustainability
Program Manager, demonstrating that the alternative system will render
psilocybin waste unusable equally or better than the required grinding,
mixing, and disposal system.
(Ord. 6417 § 1, 2022)
A.
Characteristics.
Recreational vehicle and boat storage facilities are commercial or
industrial properties improved for vehicle storage purposes. Site
improvements may include cover canopies for stored vehicles, sanitary
sewer disposal connections for waste disposal, and living quarters
for facility operators.
B.
Approval Process. Where permitted, development of recreational vehicle and boat storage facilities shall be reviewed under Section 12.80.040.
C.
Standards.
Recreational vehicle and boat storage facilities shall be reviewed
for compliance with the following standards:
1.
On-site
security is provided, including both fencing and lighting.
2.
Perimeter
landscaping is provided adjacent to public rights-of-way. Perimeter
landscaping at a minimum shall be at least 5 feet in depth, measured
from the property lines.
3.
Drive
aisles within the facility are paved with asphalt or concrete (storage
spaces may be improved with gravel or other similar semi-pervious
surfaces).
4.
Any
sanitary sewer facilities comply with City standards.
(Ord. 6401 § 1, 2022)
C.
Standards for Partial-dwelling STRs.
1.
The dwelling used for a Partial-dwelling STR must be the primary
residence of the property owner. Primary residence is defined as the
owner's permanent residence of record as substantiated by official
documents such as tax forms.
2.
The owner of the Partial-dwelling STR must reside on the same
property as the Partial-dwelling STR, either in the main dwelling
or in a separate dwelling on the same property.
3.
The STR may not be used for events or gatherings of people invited
to the STR for the primary purpose of socializing or participating
in a ceremonial or business activity such as parties, weddings, reunions
or company retreats.
4.
Only one rental at a time at the dwelling is permitted.
5.
The owner of the Partial-dwelling STR must maintain a valid
Business License from the City of Hillsboro.
6.
Tents, trailers, Recreational Vehicles, yurts and other spaces
not considered permanent Housing Types may not be rented as Partial-dwelling
STRs.
D.
Standards for Full-dwelling STRs.
1.
The owner of a Full-dwelling STR may only operate or hold ownership
interest in two Full-dwelling STRs in Hillsboro city limits. Property
ownership is substantiated by tax forms.
2.
The STR may not be used for events or gatherings of people invited
to the STR for the primary purpose of socializing or participating
in a ceremonial or business activity such as parties, weddings, reunions
or company retreats.
3.
One off-street parking space per two bedrooms is required. If there are an odd number of bedrooms, the parking requirement is rounded up pursuant to Section 12.01.400.
4.
If there are multiple dwellings on the same property, only one
dwelling can be rented at a time.
5.
The owner of the Full-dwelling STR must maintain a valid Business
License from the City of Hillsboro.
6.
Tents, trailers, Recreational Vehicles, yurts and other spaces
not considered permanent Housing Types may not be rented as Full-dwelling
STRs.
7.
In the SCR-OTC zone, Full-dwelling STRs are permitted only on
lots abutting NE Alder Street between NE 68th Avenue and NE Century
Boulevard.
(Ord. 6467, 3/5/2024)
A.
Characteristics. Telecommunication facilities are categorized in Section 12.10.550. Telecommunication facilities include a free-standing tower with attached antennae, and 1 or more ground-mounted equipment cabinets.
B.
Approval Process. Where allowed, telecommunication facilities are subject to approval through the Conditional Use process under Section 12.80.020 and the Development Review process under Section 12.80.040. Requests for eligible modifications to existing facilities are subject to approval through a Type II Development Review process under Section 12.80.040. "Eligible modification requests" are defined in subsection D below.
C.
Exemptions.
The following types of communications facilities are exempt from this
section:
1.
Replacement
of existing antenna on approved towers;
2.
Facilities
regulated by the FCC under the Code of Federal Regulations: industrial,
scientific and medical equipment; military and government communication
towers; amateur (ham) and citizen band towers; and
3.
Temporary
facilities used during community emergencies.
D.
Modifications
to Existing Facilities. All modifications and expansions to existing
facilities are permitted in every zone, subject to the requirements
of this section. Certain modifications are deemed minor in nature
and are deemed "eligible modifications" These modifications include
the addition, removal, and/or replacement of transmission equipment
that do not make a substantial change to the physical dimensions (height,
mass, width) of the existing tower, support structure, or base station.
Replacement of an existing tower may also be considered an eligible
modification if such replacement meets the standards in paragraph
4 below.
1.
For
the purpose of this section, "substantial change" means the following:
a.
The mounting of the proposed antenna on the tower would increase
the existing height of the tower by more than 10%, or by the height
of 1 additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater, except that the
mounting of the proposed antenna may exceed the size limits set forth
in this subsection by up to an additional 5% if necessary to avoid
interference with existing antennas; or
b.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved (not to exceed 4) or more than 1 new equipment
shelter; or
c.
The mounting of the proposed antenna would involve adding an appurtenance
to the body of the tower that would protrude from the edge of the
tower more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set
forth in this subsection to the extent necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable; or
d.
The mounting of the proposed antenna would involve excavation outside
the current tower site, defined as the current boundaries of the leased
or owned property surrounding the tower and any access or utility
easements currently related to the site.
2.
Increases
to height allowed by this subsection above the existing tower shall
be based on the existing height of the tower, excluding any tower
lighting required in the original land use approval or in the proposed
modification request.
3.
To
the extent feasible, additional equipment shall maintain the appearance
intended by the original facility, including, but not limited to,
color, screening, landscaping, mounting configuration, or architectural
treatment.
4.
To
be considered an eligible modification, a replacement tower shall
not exceed the height of the original tower by more than 10%, or the
diameter of the original tower by more than 25% at any given point.
E.
Standards
for Free-Standing Towers.
1.
Tower
Finishes. Paint and color finishes on free-standing towers shall be
selected and applied to reduce the tower's visual impact against the
skyline.
2.
Co-Location
Required. Approved new towers shall be designed and constructed to
allow co-location of additional antennas. The Review Authority may
require owners of approved towers to negotiate in good faith with
parties seeking co-location.
3.
Equipment
Cabinets. Ground-mounted equipment cabinets shall be enclosed within
secure fences and screened with landscaping.
4.
Additional
Setbacks. The Review Authority may require additional setbacks to
a proposed tower to mitigate its visual impacts, protect existing
vegetation, or allow use of a shared access.
F.
Standards
for Antenna Installation.
1.
On
Utility Poles. If antennas are installed on existing utility poles,
the poles shall be maintained with the same colors as poles without
antennas. If the antennas do not increase the overall height of the
pole more than 20 feet, or by more than the minimum height necessary
to achieve safety clearances as required by the utility pole owner,
whichever is greater, Conditional Use approval is not required.
2.
On
Existing Buildings. If antennas are installed on existing buildings,
secondary equipment on the building roof shall be screened. If the
antennas are not over 20 feet in height, or are below the maximum
building height of the applicable zone, Conditional Use approval is
not required.
3.
On
or within Architectural Elements. Antenna may be installed on or within
architectural elements such as church steeples or flag poles, if such
installation is scaled in proportion with the architectural element.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics.
Temporary commercial activities at stadiums are short-term events
(not more than 30 days duration) which may include retail vehicle
sales, large scale vendor gatherings such as swap meets, or other
similar non-athletic events usually conducted on the parking field
rather than in the stadium. Temporary commercial activities are subordinate
to the primary use of the stadium. For purposes of this section, the
term "stadium" refers to facilities built solely for athletic performances
or outdoor events, and not to facilities owned and/or operated as
accessory to school operations, fairgrounds, or other uses.
B.
Approval
Process. Temporary commercial activities at stadiums shall be subject
to the issuance of a temporary business permit pursuant to Municipal
Code Chapter 5.25.
C.
Standards.
Temporary commercial activities at stadiums shall comply with the
following standards:
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
C.
Standards.
Utility facilities shall conform to the following standards:
1.
Minimum
Lot Size. Minimum lot size of the applicable base zone (as applicable
to single detached dwellings) or 4,500 sq. ft., whichever is greater,
unless the Review Authority finds that locating the facility on a
smaller lot will not result in noise or other detrimental effects
on adjacent property.
3.
Outdoor
Storage. Outdoor equipment storage shall be not permitted in a residential
or C-N zone. In other zones, outdoor storage shall be fenced and landscaped
pursuant to paragraph 2 above.
(Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Characteristics.
Vehicle wrecking yards are outdoor storage areas on which 2 or more
motor vehicles or the parts thereof, not in running condition, are
stored, or any other location where lots or structures are used to
disassemble or store such motor vehicles or their parts.
B.
Approval Process. Where allowed, vehicle wrecking yards are subject to approval as a conditional use pursuant to Section 12.80.020.
C.
Standards.
Operation of vehicle wrecking yards shall comply with the following
specifications:
1.
Minimum
Lot Area: One acre;
2.
Minimum
Lot Frontage: 100 feet;
3.
Fencing:
Minimum 8-foot sight-obscuring, continuous, uniform fence enclosing
the entire portion of the site used for auto wrecking and storage,
with a minimum 10-foot landscaped setback between the fence and the
right-of-way;
4.
Setbacks:
Minimum 40-foot setback to any structures, and minimum 50-foot setback
to any on-site crushing equipment;
5.
Storage
and Stacking: Storage of all vehicles and parts within the fenced
area, with no stacking higher than the fence;
6.
Oil
Disposal: Provision for storage and off-site disposal of oil; and
7.
State
Requirements: Continuous compliance with all State requirements.
(Ord. 6401 § 1, 2022)
