A.
Purpose.
This subchapter establishes approval criteria for each type of land
use application and legislative land use action (Type I, II, III,
or IV) and applications filed under an authorized land use process
alternative (Zoning Review, Expedited Land Division, and Middle Housing
Land Division). Cross-references to the procedure type that governs
the decision-making process and to the Code standards specific to
the particular application are provided.
B.
Summary
Table. Table 12.70.020-1 in Subchapter 12.70 lists the procedures
types, decision and appeal authority for applications included in
this Subchapter.
C.
Approval
Criteria.
1.
Approval
criteria define the burden of proof that an applicant must meet for
approval of an application. Approval criteria also set parameters
for issues that may be raised by the City or affected parties.
2.
When
an approval criterion refers to a requirement to meet a specific threshold,
such as provision of adequate services or absence of significant detrimental
environmental impacts, satisfaction of that criterion includes any
proposed or conditioned improvements, mitigation measures, and limitations.
All proposed or conditioned improvements, mitigation measures and
limitations must be identified prior to a final decision by a Review
Authority.
3.
Review
against the goals and policies of the Comprehensive Plan is not required
unless specifically stated as an approval criterion.
(Ord. 6401 § 1, 2022)
A.
Purpose.
The annexation application process is intended to facilitate efficient
urban and economic development opportunities by transferring jurisdiction
over properties within the Urban Growth Boundary from Washington County
to the City of Hillsboro. The process is intended to comply with the
requirements of ORS 222, ORS 268 and Metro Code Section 3.09.
B.
Procedure.
An annexation application is subject to a modified Type III procedure,
including public notice and a public hearing.
C.
Submittal
Requirements.
1.
An
annexation application must include the information set forth in Metro
Code 3.09, and the applicable application fee(s).
D.
Zone
Change Process Concurrent with Annexation Application.
1.
Pursuant
to Subsection 12.80.168.C, the Planning Commission may initiate a
Zone Change on properties for which an annexation application has
been received and deemed complete. The Planning Commission's action
to initiate the Zone Change shall include a recommendation of appropriate
zone or zones, based on the approval criteria in Subsection 12.80.168.E,
and shall be forwarded to the City Council in conjunction with the
annexation application. The City Council may approve, modify or deny
the Planning Commission's recommendation. The City Council may condition
the Zone Change consistent with Subsection 12.80.168.F.
2.
A property owner who seeks a zone other than the zone recommended by the Planning Commission may apply for a Zone Change to an alternative zone. An owner-initiated Zone Change application for annexed property shall be processed under Section 12.80.168.
3.
A property owner in the South Hillsboro Plan District who seeks a zone other than the zone recommended by the Planning Commission may apply for a Zone Change to an alternative zone, provided that requested zone is consistent with the provisions of an applicable annexation agreement executed under Section 12.65.040. An owner-initiated Zone Change application for annexed property in the South Hillsboro Plan District shall be processed under Section 12.80.168.
E.
Approval
Criteria. The City may approve an annexation application if the City
determines the following criteria are met:
F.
Conditions
of Approval. Except in the South Hillsboro Plan District, approval
of an annexation application cannot be conditioned by the City.
G.
Appeal
of a Decision. A final decision on an annexation application may be
appealed to the Land Use Board of Appeals.
H.
Expiration
of a Decision. A final decision on an annexation application does
not expire.
I.
Extension
of a Decision. Because a final decision on an annexation application
does not expire, the decision is not subject to extension.
(Ord. 6110 § 10, 2015; Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)
A.
Purpose.
Although they may have beneficial effects and serve important public
interests, certain Uses are identified in this Code as conditional
uses rather than permitted uses. The purpose of the Conditional Use
application is to allow a higher level of review for Uses that may
be consistent with the purpose of the underlying zone but require
review on a case-by-case basis because of their size, operational
characteristics, or other factors. The Conditional Use review process
provides an opportunity to allow the Use without conditions where
it has minimal impacts, to allow it with conditions to address identified
concerns, or to deny the Use if the concerns cannot be resolved.
B.
Procedure. Conditional Use applications are subject to the Type III procedure, as described in Section 12.70.050.
C.
Submittal
Requirements.
2.
At
a minimum, an application for Conditional Use approval shall include
the following:
a.
An application form signed by the applicant or applicant's representative,
and the property owner or owner's representative;
b.
Full payment of the application fee, based on the fee schedule in
effect on the date of submittal;
c.
Existing Conditions Plan;
d.
Site Development Plan;
e.
Landscape Plan;
f.
Building Elevations (for new construction);
g.
Phasing Plan (if phasing is proposed);
i.
Narrative addressing compliance with each approval criterion and
applicable standard.
D.
Approval
Criteria. To approve a Conditional Use, the Review Authority shall
make findings of fact, based on evidence provided, that all of the
following criteria are satisfied:
1.
The
proposed use is listed as a conditional use in the underlying zone;
2.
The
proposed conditional use complies with any special use standards for
that particular use set forth in Subchapter 12.40, if applicable;
3.
Approving
the Conditional Use would meet some public need or convenience;
4.
The
characteristics of the site (size, shape, location, topography, and
location of improvements and natural features) are suitable for the
proposed Conditional Use;
5.
The
proposed Conditional Use will not change the character of the surrounding
area in a way which limits or precludes use of the surrounding properties
consistent with the provisions of the underlying zone;
6.
The
proposed Conditional Use addresses adequacy of transportation systems
and public facilities and services that exist or are planned for the
area affected by the use; and
7.
The
proposed Conditional Use satisfies any applicable goals and policies
of the Comprehensive Plan.
E.
Conditions of Approval. Pursuant to Section 12.70.120, the Review Authority may impose conditions on a Conditional Use approval to ensure compliance with the approval criteria. Any of the following conditions, stipulations or limitations may be attached to a Conditional Use approval:
1.
Street
dedication and/or street improvements abutting/within the development
area;
2.
Joint
use/access agreement or limitations on access;
3.
Improvement
agreements for the installation of necessary on-site public facilities
and/or off-site public improvements based on proportional impacts;
4.
Utility
easements;
5.
Landscaping,
screening, fencing;
6.
Off-street
parking;
7.
Storm
drainage improvements;
8.
Surety/performance
bond; and
9.
Non-remonstrance
clause.
I.
Annual
Report or Planning Commission Review.
1.
The
Planning and Zoning Hearings Board may require an annual report for
any conditional use to ensure that the use remains in compliance with
the imposed conditions of approval and with all applicable Code requirements.
2.
If
the Planning Commission determines that sufficient grounds are present
to warrant a review, the Commission may initiate a review of the operation
of any Conditional Use and may call for a public hearing to determine
whether the use is in compliance with applicable standards and conditions.
If the conditional use is found non-compliant with conditions of approval
or applicable Code standards, the property owner shall be directed
to submit a compliance schedule and to fully comply with applicable
conditions and standards within 45 days. If the Commission determines
there is a cause for emergency action based on threats to the public
health, safety, or welfare, the Commission may require more expedient
compliance. Failure to submit a compliance schedule or to comply with
a submitted schedule will result in revocation of the conditional
use approval.
(Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose. Cultural Resource Alteration, Relocation and Demolition (CRAs) applications implement the provisions of the Cultural Resource Overlay zone. The provisions of this section shall be read in concert with Section 12.27.300 of this Code.
C.
Procedures. There are 2 types of CRA applications, as described in Section 12.27.300:
1.
Minor Cultural Resource Alterations are subject to the Type II procedure, as described in Section 12.70.040.
2.
Major Cultural Resource Alterations, Relocations and Demolitions are subject to the Type III procedure, as described in Section 12.70.050.
D.
General Submittal Requirements. General submittal requirements for Type II and Type III applications are set forth in Sections 12.70.040 and 12.70.050, respectively. At a minimum, an application for a CRA shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
site development plan;
4.
Exterior
building elevations;
5.
Materials
specifications; and
6.
Narrative
addressing compliance with each approval criterion and all applicable
standards.
E.
Approval
Criteria for Alterations. To approve a Minor CRA or a Major CRA not
involving relocation or demolition, the Review Authority shall make
findings, based on evidence provided, that the following criteria
are satisfied:
1.
The
alteration would allow the resource to be used as it was historically
or to have a new use requiring the least practicable change to its
distinctive materials, features, spaces, and spatial relationships;
2.
The
historic character of the resource property would be retained and
preserved, and the relocation of distinctive materials or alteration
of features, spaces, and spatial relationships that characterize a
property will be avoided;
3.
The
alteration would recognize a physical record of the resource's time,
place, and use, and changes that create a false sense of historical
development (such as adding features from other historic properties)
are not proposed;
4.
The
proposed alteration would retain and preserve changes to the resource
that have attained historic significance in their own right;
5.
The
alteration would preserve distinctive materials, features, finishes,
and construction techniques or examples of craftsmanship that characterize
the resource;
6.
Deteriorated
historic features would be repaired rather than replaced. If severe
deterioration requires replacement of a distinctive feature, the new
feature would match the old in design, color, texture, and where possible,
materials. Replacement of missing features would be documented by
historical evidence. Replacement of original features, such as wooden
window, doors, or siding, with features made from modern materials
such as vinyl, metal, or fiberglass, would be minimized;
7.
Any
proposed chemical and physical treatments would be undertaken using
the gentlest means possible. Treatments that cause damage to historic
materials would be avoided;
8.
Any
archeological resources would be protected and preserved in place.
If archeological disturbance cannot be avoided, appropriate mitigation
measures would be included as part of the alteration;
9.
New
additions, exterior alterations, or related new construction would
not destroy historic materials, features, and spatial relationships
that characterize the resource. To protect the integrity of the resource,
new work would be differentiated from the old and would be compatible
with the historic materials, features, size, scale and proportion,
and massing;
10.
Any new additions and adjacent or related new construction proposed
in the alteration would be constructed in a manner to allow their
removal in the future without impairing the essential form and integrity
of the resource and its surroundings; and
11.
For the review of exterior alterations of historic resources, the
Historic Landmarks Advisory Committee and the Planning Commission
may use as supplemental information for clarification the Secretary
of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, published by the U.S. Department
of the Interior, National Park Service and codified in 36 CFR 67 for
use in the Federal Historic Preservation Tax Incentives Program.
F.
Approval
Criteria for Relocation or Demolition. To approve a Major CRA involving
relocation or demolition of a designated Cultural Resource, the Review
Authority shall make findings, based on evidence provided, that the
following criteria have been satisfied:
1.
The
designated resource has deteriorated beyond repair, and relocation
or demolition is structurally necessary;
2.
No
prudent and feasible alternative exists to repair or use the structure
in its present location;
3.
The
relocation or demolition is economically necessary. To prove economic
necessity, the applicant must demonstrate through presentation of
at least one rehabilitation option that the resource cannot be reasonably
rehabilitated in its present location, and that the condition of the
cultural resource prevents any substantial beneficial use of the property;
4.
The
proposed use of the property has been found to be in compliance with
all applicable city, state and federal requirements including zoning
and building codes; and
5.
The
value to the community of the proposed use of the property outweighs
the value of retaining the designated Cultural Resource on its present
site.
G.
Conditions of Approval. Pursuant to Section 12.70.120, the Historic Landmarks Advisory Committee may recommend, or the Planning Commission may require, conditions on the approval of a Cultural Resource alteration, relocation or demolition to ensure compliance with the approval criteria.
H.
Delay
of Relocation or Demolition.
1.
Approval
of an application for relocation or demolition may be delayed up to
60 days by the Planning Commission. The Planning Commission may place
any of the following conditions on approval of a demolition application:
2.
The
Planning Commission may however approve a demolition permit at any
time within the 60-day period if it feels the applicant has made an
effort in good faith to retain, document, and/or preserve the culturally
significant characteristics of the resource.
3.
The
City Council may extend a demolition delay by an additional 60 days
at the request of the Historic Landmarks Advisory Committee, the Planning
Commission or an interested party.
(Ord. 6120 § 1, 2015; Ord. 6401 § 1, 2022)
A.
Purposes. The purposes of the Development Review (DR) approval process
are to:
1.
Encourage site planning in advance of construction;
2.
Protect lives and property from potential adverse impacts of
development;
3.
Consider natural or man-made hazards which may impose limitations
on development;
4.
Conserve the City's natural beauty and visual character
and minimize adverse impacts of development on the natural environment
as much as is reasonably practicable;
5.
Assure that development is supported with necessary public facilities
and services;
6.
Ensure that structures and other improvements are properly related
to their sites and to surrounding sites and structures; and
7.
Implement the City's Comprehensive Plan and land use regulations
with respect to development standards and policies.
B.
Applicability. Approval of a Development Review application is required
in all of the following circumstances:
2.
Whenever an application, which would have otherwise been subject to Zoning Review in accordance with Section 12.80.170, includes one or more Adjustments;
3.
Alteration, expansion, or new construction of any structure
(except accessory dwelling units and residential accessory structures)
in the SCR-DNC or SCR-OTC zones;
4.
Manufactured dwelling projects;
5.
Major site alterations on sites where construction is not anticipated
for 30 days or more following grading;
6.
Marijuana facilities;
7.
Psilocybin facilities;
8.
Full-dwelling Short Term Rentals (STRs); and
9.
Any other development project for which Development Review is
required as a condition of approval of another land use approval or
permit.
C.
Optional Applicability. At the applicant's discretion, an application for any development type not listed in subsection B above may be submitted for processing in compliance with the requirements of this section.
D.
Exemptions. The activities, development and construction projects listed below are exempt from Development Review approval, but are subject to all other applicable provisions of this Code, and may be subject to Zoning Review under Section 12.80.170:
1.
Middle housing and single detached dwellings in the MR-1, SCR-LD,
or SCR-MD zones or any R zone when no Adjustments to residential design
and development standards are requested;
2.
Accessory dwelling units and residential accessory structures
in any zone when no Adjustments to residential design and development
standards are requested;
3.
Horticultural uses not involving buildings;
5.
Expansion of existing multi-dwelling residential, commercial,
or mixed-use buildings which increases existing floor area by less
than 10% or where the expansion is not visible from a public right-of-way
or an adjacent residential zone;
6.
Expansion of existing industrial buildings which increases existing
floor area by less than 15% or where the expansion is not visible
from a public right-of-way or an adjacent residential zone;
7.
Alteration of up to and including 10% or 500 square feet, whichever
is less, of the facade of any multi-dwelling, commercial, mixed-use,
industrial or institutional building or where the facade is not visible
from a public right-of-way;
8.
Manufactured dwellings on individual lots where allowed under
Subchapters 12.21 through 12.26;
9.
Interior remodeling of an existing building or structure (also
called tenant improvements) or building alterations required to meet
ADA or Oregon Residential Specialty Code or Oregon Structural Specialty
Code requirements as applicable;
10.
Certified or registered family child care or licensed residential
senior care home;
11.
Home Occupation Permits;
12.
Maintenance of a building, structure, or site consistent with
previous approvals;
13.
Temporary structures associated with temporary uses;
14.
Accessory structures not requiring a building permit and not
subject to other provisions of this Code (such as accessory structures
in the SCR-OTC or SCR-DNC zones);
15.
Commercial or industrial equipment or accessory structures that
are screened from view from the public rights-of-way by structure
or natural grade;
16.
Construction, alteration, or maintenance of public infrastructure
including streets, traffic control devices, drainage ways, sanitary
and storm sewers, stormwater quality facilities, water lines, electrical
power or gas distribution lines, or telephone or television cable
systems; and
17.
Enlargement, expansion, or replacement of residential non-conforming
uses and structures in the Jackson East-North Sub-Area of the I-S
Industrial Sanctuary zone where allowed under Subchapter 12.30.
E.
Procedure. Development Review applications are subject to the Type II procedure as described in Section 12.70.040, unless any of the following circumstances apply:
1.
The applicant chooses to submit an application for a Type III
procedure;
2.
The Development Review application is submitted concurrent with
a Type III primary application which includes a Type III Adjustment;
or
3.
The Type III process is required for Development Review by the
Review Authority as a condition of approval on a previous or related
land use approval.
F.
Submittal Requirements. Type II application submittal requirements are set forth in Section 12.70.040 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for Development Review shall include the following:
1.
An application form signed by the property owner or owner's
representative and the applicant or applicant's representative;
2.
Full payment of the application fee, based on the fee schedule
in effect on the date of submittal;
3.
Plans and descriptions including the following:
a.
Existing Conditions Plan,
b.
Site Development Plan, including vehicular and pedestrian connectivity
within and adjacent to the site,
c.
Grading and Erosion Control Plan,
d.
Landscape Plan,
e.
Exterior Lighting Plan,
f.
Waste and Recycling Facilities Plan,
g.
Architectural Elevations,
h.
Exterior materials board and color palette, unless alternative
submittal materials have been approved by the Review Authority,
i.
Floor plans, and
j.
Descriptions of materials to be used on proposed structures;
4.
Narrative. A narrative clearly describing the project and addressing
compliance with all approval criteria and applicable standards;
5.
Site Activity Statement. For commercial or industrial developments,
a written statement identifying:
6.
Transportation Studies. Technical reports as authorized by Sections 12.70.200 through 12.70.230, may also be required based on the specific location and anticipated impacts of the Development Review proposal. The Planning Director shall make every reasonable effort to identify submittal requirements for technical reports at the preapplication conference.
G.
Concurrent Applications for Minor Adjustments. A request for a Minor Adjustment to any numeric development standard excluding residential density may be consolidated with and processed concurrently with a Development Review application in accordance with Section 12.80.154. The Minor Adjustment process cannot be used to vary or take an exception from the standards listed in Subsection 12.80.150.C.
H.
Approval Criteria. To approve an application for Development Review,
the Review Authority shall make findings of fact based on evidence
provided that the following criteria are satisfied:
1.
The proposal complies with all of the development standards
of the base zone, unless a minor adjustment has been approved concurrently
with the Development Review application;
2.
The proposal complies with any applicable provisions of Subchapter
12.27;
3.
The proposal complies with any applicable provisions of Subchapter
12.40;
4.
The proposal complies with the applicable development standards
in Subchapter 12.50;
5.
The proposal complies with any applicable plan district standards
in Subchapter 12.60;
6.
The proposal meets all existing conditions of approval for the
site or use, as required by prior land use decision(s), as applicable;
7.
Additional Criteria for Non-Residential Applications. (including
the non-residential portion of a mixed-use development):
a.
The transportation system can safely and adequately accommodate
the proposed development,
b.
Parking areas and entrance-exit points are designed to facilitate
on-site vehicular circulation and pedestrian safety and avoid congestion
on public streets,
c.
Any special features of the site (such as topography, hazards,
vegetation, significant natural and cultural resources, etc.) have
been integrated into the site development plan,
d.
The design and operating characteristics of the proposed development
are reasonably compatible with surrounding development and land uses,
and
e.
Negative impacts of the development have been sufficiently minimized
or mitigated.
(Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6322 § 1, 2019; Ord. 6323 § 1, 2019; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022; Ord. 6410 § 1, 2022; Ord. 6417 § 1, 2022; Ord. 6451 § 1, 2023; Ord. 6467, 3/5/2024)
A.
Purpose.
The purpose of the Director's Interpretation (DI) application is to
provide a process to clarify terms or phrases within this Code which
may require further interpretation (Code interpretation). The DI application
also provides a means to assign new or noncategorized uses to a use
category. Interpretations of Code terms, intent, or meaning are different
from other land use applications in that they are an interpretation
of language and policy, as opposed to an evaluation of a use or development.
A DI application may be submitted in advance of, or concurrent with,
an application, permit, or other action.
B.
Interpretation
for Reasonable Accommodation. Notwithstanding any other provision
of this Code, the Planning Director has the authority to make an interpretation
of reasonable accommodations in the application of this Code when
such accommodations may be necessary to afford a person with a disability
equal opportunity to use and enjoy a dwelling to the extent required
by Federal or State law. In considering whether an accommodation is
reasonable, the Planning Director may consider whether the request
puts an undue burden or expense on the City and whether the proposed
use creates a fundamental alteration in the Code. The Planning Director
may ask for, or the applicant may voluntarily submit, additional information
based on the requested accommodation, to determine whether the request
creates an undue burden or a fundamental alteration. The accommodation
may result in a permitted or conditional waiver of any limitation
of this Code.
C.
Planning Director's Authority to Initiate an Interpretation. The Planning Director may initiate a DI on behalf of the City, either specific or not specific to a particular property or circumstance. The Director may also initiate an interpretation when there is a reasonable dispute or lack of clarity regarding permitted uses on a property. If initiated by the Planning Director, the DI shall be processed as either a Type I or Type II application under the requirements of this section, and shall include the materials specified in subsection F with the exceptions of an application form and payment.
D.
Planning
Director's Authority to Decline an Application.
1.
The
Planning Director has the authority to consider the request for an
interpretation, and shall respond within 30 days following the date
of the request, as to whether or not a requested interpretation will
be issued. If requested, the Planning Director must issue an interpretation
for reasonable accommodation.
2.
Except
for a requested interpretation for reasonable accommodation, the Planning
Director may issue or decline to issue a requested interpretation.
The Director's decision to decline to issue an interpretation is final
when the decision is mailed to the party requesting the interpretation.
The decision to decline to issue an interpretation is not subject
to local appeal.
E.
Procedures. A DI for reasonable accommodation, or a DI not specific to a particular property or circumstance, is subject to the Type I procedure, as described under Section 12.70.030. A DI application for a particular property or circumstance is subject to the Type II procedure, as described in Section 12.70.040.
F.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030. Type II application submittal requirements are set forth in Section 12.70.040. More specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a DI application shall include all of the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal, unless any of the following circumstances
apply:
a.
If the requested interpretation is for reasonable accommodation or
is not specific to a particular property or circumstance, the fee
shall be waived,
b.
If the Planning Director finds that the interpretation has a wider
public interest, the fee may be waived, and
c.
If the DI is submitted in conjunction and concurrent with another
application or permit, the separate interpretation fee may also be
waived;
3.
A
narrative clearly identifying the Code term or phrase for which interpretation
is requested, and an explanation why the applicant believes the term
or phrase is unclear or inappropriate, and:
a.
If the requested interpretation is for assignment of a use category,
an explanation of the character of the proposed use in terms of infrastructure,
use, traffic and environmental impacts, and operational characteristics,
or
b.
If the requested interpretation is for interpretation of a commercial
use in an industrial zone, an explanation of the infrastructure, traffic
and environmental impacts and the operational characteristics of the
use, and explanation of how the commercial use is oriented toward
and supports surrounding industrial uses rather than attracting customers
City-wide, or
c.
If the requested interpretation is for reasonable accommodation,
an explanation of the following:
i.
The specific standard(s) from which accommodation is/are requested,
ii.
How the use of the subject site with the proposed accommodation(s)
will be generally consistent with the purpose of the subject zone,
and
iii.
How the use of the subject site with the proposed accommodation
will be generally consistent with the characteristics of the permitted
(or conditionally permitted) uses in the subject zone. Examples of
characteristics include, but are not limited to: structural setbacks;
height limitations; lot coverage; number of persons per household;
number of vehicle trips per day to be generated; number of off-street
parking spaces to be provided.
G.
Standards
for Assignment of a Use Category. The assignment of a use to a particular
use category by the Planning Director shall be based on findings that
the proposed use:
1.
Shares
common characteristics with other examples in the use category;
2.
Has
intensity, density and off-site impacts similar to other examples
in the use category; and
3.
Has
impacts on public facilities, including streets; sewer, water and
stormwater systems; schools; and police and fire services similar
to other examples in the use category.
H.
Standards
for Reasonable Accommodation. In considering whether an accommodation
is reasonable, the Planning Director may consider whether the request
puts an undue burden or expense on the City and whether the proposed
use creates a fundamental alteration in the Code. The Planning Director
may ask for, or the applicant may voluntarily submit, additional information
based on the requested accommodation, to determine whether the request
creates an undue burden or a fundamental alteration. The accommodation
may result in a permitted or conditional waiver of any limitation
of this Code.
I.
Standards
for Code Interpretation. An interpretation of code terms, intent,
or meaning shall be as consistent as possible with the standards listed
below. Not all of the standards need to be met for a code interpretation
to be issued.
1.
The
proposed interpretation is consistent with the common meaning of the
words or phrases at issue.
2.
The
proposed interpretation is consistent with relevant policy direction
from official City documents such as the Comprehensive Plan and its
supporting documents.
3.
The
proposed interpretation is consistent with the legislative intent
for the words or phrases at issue. The intent is based on the legislative
record for the ordinance that adopted or amended the regulations at
issue.
4.
The
proposed interpretation is consistent with the interpretation of other
portions of the Community Development Code.
5.
The
proposed interpretation is consistent with regional, State, and Federal
laws and court rulings that affect the words or phrases at issue.
J.
Limitations
on Director's Interpretation.
1.
The
Planning Director may interpret provisions of this Code, but shall
not issue any legal opinion or interpretation of case law.
2.
A
DI does not establish precedent, and does not bind the Planning and
Zoning Hearings Board, the Planning Commission, or the City Council
in current or future decisions regarding the subject property or application
or similar properties or applications.
3.
A
DI does not run with the land unless the development is substantially
consistent with the description in the Director's Interpretation.
K.
Expiration
of a Decision. A DI does not expire unless superseded by a subsequent
Director's Interpretation or a Text Amendment. A DI for Reasonable
Accommodation cannot be superseded, but may be subject to review and/or
revocation if it is demonstrated that the use of the site has changed
and is no longer consistent with the statements made in the application
for Reasonable Accommodation.
M.
Interpretations
on File. The Planning Director shall keep a record of all DIs on file
in the Planning Department.
(Ord. 6120 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose.
The purpose of a Fence Permit is to ensure that fences are installed
in accordance with the requirements of this Code, thereby providing
certainty to property owners prior to installation of the fence.
B.
Procedure. Fence applications are subject to the Type I procedure as described in Section 12.70.030.
C.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a fence permit application shall include the following:
1.
An
application form signed by the applicant or applicant's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
scaled site plan of the property and any abutting public or Private
streets, showing the location of the proposed fence(s); and
4.
A
drawing illustrating the height, materials, and general appearance
of the fence.
D.
Approval Criteria. In order to approve a fence permit, the Review Authority shall make a determination based on evidence provided that the height and location of the fence are consistent with the provisions Section 12.50.250 Fences, Free-Standing Walls, Hedges and Berms, and Section 12.50.260 Sight Distance/Vision Clearance.
E.
Conditions
of Approval. The Review Authority may impose conditions on approval
of a fence permit to ensure compliance with the approval criteria.
(Ord. 6401 § 1, 2022)
A.
Purpose. Floodplain Activity (FA) approvals implement the provisions of the Regulatory Floodplain Overlay. This section shall be read in concert with Section 12.27.100.
B.
Where Required. FA approvals are required for development in the Regulatory Floodplain Overlay as described in Section 12.27.100.
C.
Procedures. There are 2 types of FAs as described in Section 12.27.100:
3.
Prior
to the determination of application completeness, the Planning Director
may decide that a Minor FA application which would otherwise meet
the standards of Table 12.27.130-1 warrants review as a Major FA due
to the following factors:
D.
General Submittal Requirements. General submittal requirements for Type II and Type III applications are set forth in Sections 12.70.040 and 12.70.050, respectively. Application for Floodplain Activity permit include the application form furnished by the Planning Department. At a minimum, an application for a Floodplain Activity permit shall also include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal; and
4.
Unless
determined to be unnecessary by the City Floodplain Administrator
or the City Engineer, a stamped geotechnical report, encompassing
all areas of the site's floodplain and areas where fill may be present
and where disturbance and/or construction are proposed;
5.
If
deemed appropriate by the City Floodplain Administrator or the City
Engineer, a no-rise analysis certified by a registered professional
civil engineer; and
6.
Elevation
in relation to mean sea level of the lowest floor (including basement)
of all structures;
7.
Elevation
in relation to mean sea level of floodproofing in any structure;
8.
Certification
by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure to be floodproofed meet the
floodproofing criteria in Section 5.2-2; and
9.
Description
of the extent to which a watercourse will be altered or relocated
as a result of proposed development; and
10.
A Plan set clearly depicting the following:
a.
A wetland and/or 2-year ordinary high water mark delineation prepared
by a professional wetland scientist;
b.
Pre-existing site-surveyed topography, prepared and stamped by a
Professional Land Surveyor, using minimum 1-foot contour intervals
in the City of Hillsboro Vertical Datum, showing the site's Base Flood
Elevation(s) as determined by the Floodplain Administrator or City
Engineer;
c.
The boundaries of the Special Flood Hazard Area (e.g., the 100-year
floodplain as shown on the effective Flood Insurance Rate Map) as
determined by the Floodplain Administrator or City Engineer. If the
floodplain activity involves a critical facility as described in Federal
Emergency Management Agency publication #543, the 0.2% chance ("500-year")
floodplain as shown on the effective Flood Insurance Rate Map shall
be shown as well;
d.
The nature, location, dimensions, and elevations of the project area
as well as any existing and proposed structures, fill, storage of
materials, and drainage facilities.
E.
Approval
Criteria. In order to approve a Minor or Major FA the Review Authority
shall make findings of fact, based on evidence provided, that the
following criteria are satisfied:
(Ord. 6120 § 1, 2015; Ord. 6276 § 1, 2018; Ord. 6401 § 1, 2022)
A.
Purpose.
The purpose of a Home Occupation Permit (HOP) is to allow residents
an opportunity to use their homes to conduct small-scale business
activities, while establishing criteria and standards to ensure that
home occupations are subordinate to the residential use, and are in
appearance and operation neither detrimental nor disruptive to neighboring
properties and residents.
B.
Procedure. HOP applications are subject to the Type I procedure as described in Section 12.70.030.
C.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a HOP application shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
scaled plot plan of the proposed home occupation site, and a floor
plan of any buildings to be used for the home occupation; and
D.
Approval
Criteria. In order to approve a HOP, the Review Authority shall make
findings of fact, based on evidence provided, that the following criteria
are satisfied:
E.
Conditions
of Approval. The Review Authority may impose conditions on approval
of a HOP to ensure compliance with the approval criteria. Such conditions
may include a requirement to obtain a city business license pursuant
to Municipal Code Subchapter 5.04.
I.
Invalidation
of a Decision. Approval of an HOP is site-specific to the property
and the original applicant. If an applicant moves, the HOP becomes
invalid unless a new HOP is approved for the subsequent occupant of
the property.
J.
Revocation
of a Decision. A business license for a permitted home occupation
is subject to revocation at any time by the City Council for cause
pursuant to Municipal Code Subchapter 5.04 under the following circumstances:
K.
Waiting
Period for Re-Application. When a business license for a home occupation
permit is revoked due to violation of the standards of this section,
or any condition of approval attached to the permit, a minimum period
of 60 days shall elapse before another application for a home occupation
permit on the subject property will be considered.
(Ord. 6401 § 1, 2022)
A.
Purpose.
Land Division, Property Line Adjustment, and Lot Consolidation applications
establish regulations, procedures, and standards for land divisions
and property line reconfiguration, to assure that newly created or
reconfigured lots meet the standards of this Code. Authorization and
minimum standards for this section are provided by ORS Chapter 92
Subdivisions and Partitions.
B.
Applicability.
These land division regulations apply to all partitions, subdivisions,
and property line adjustments.
C.
Application
Types. There are 6 types of applications under this section: Property
Line Adjustment (PLA); Lot Consolidation; Partition (PAR); Subdivision
(SUB); Expedited Land Division (ELD); and Middle Housing Land Division
(MHLD).
D.
Period
of Vesting. Pursuant to ORS 92.040 (2), construction on lots created
through land division is vested against changes to this Code approved
subsequent to the City's final decision on the land division, unless
the applicant elects otherwise.
(Ord. 6401 § 1, 2022)
A.
When
Applicable. An application for Property Line Adjustment (PLA) shall
be required to relocate a common boundary between lots of record without
creating or reducing the number of lots.
B.
Procedure. PLA applications are subject to the Type I procedure, as described in Section 12.70.030.
C.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a PLA application shall include the following:
1.
An
application form signed by the owners of both properties to be modified
by the PLA;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
scaled plot plan showing the following:
a.
Location of all existing property lines and structures;
b.
The proposed location of the adjusted property lines;
c.
Setbacks from the structures to existing and proposed property lines;
d.
The location of any public or private easement;
e.
A calculation of the square footage of the lots before and after
the PLA; and
4.
A
narrative describing the project and addressing compliance with all
approval criteria and applicable standards.
D.
Approval
Criteria. In order to approve a PLA, the Review Authority shall make
findings of fact, based on evidence provided, that the following criteria
are satisfied:
1.
Both
properties are lawfully established units of land, or the PLA is intended
to rectify previous unlawful establishment of units of land;
2.
No
new parcels will result from the adjustment;
3.
Both
affected properties would comply with the minimum lot depth, width
and area standards of the applicable zone after the proposed adjustment;
4.
Existing
structures on both properties would comply with the minimum and maximum
setback standards of the applicable zone after the proposed adjustment;
and
5.
If
either or both of the affected properties are eligible for additional
development under existing zoning, the proposed adjustment will not:
E.
Conditions
of Approval. Type I decisions are not subject to imposition of conditions
of approval.
F.
Requirements
for Conveyance and Recording. Pursuant to Subsection 12.70.030.H.4,
the Notice of Decision for a Property Line Adjustment shall specify
that the Decision expires 2 years from the date of approval unless
the following requirements have been met:
1.
The
applicant has filed a record of survey with the County as required
by ORS Chapter 92 and has provided a copy to the City.
2.
The
applicant has provided evidence to the City that a conveyance instrument
conforming to the approved Property Line Adjustment has been recorded
at Washington County.
(Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)
A.
When
Applicable. An application for Lot Consolidation shall be required
to dissolve the common property line between 2 or more properties
in the same ownership.
B.
Procedure. Lot Consolidation applications are subject to the Type I procedure, as described in Section 12.70.030.
C.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a Lot Consolidation application shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
4.
A
narrative describing the project and addressing compliance with all
approval criteria and applicable standards.
D.
Approval
Criteria. To approve a Lot Consolidation, the Review Authority shall
make findings of fact, based on evidence provided, that the following
criteria are satisfied:
1.
Both
properties are lawfully established units of land, or the Lot Consolidation
is intended to rectify previous unlawful establishment of units of
land;
2.
The
resulting number of parcels will be less than the existing number;
3.
All
affected properties would comply with the minimum lot depth, width
and area standards of the applicable zone after the proposed consolidation;
4.
Existing
structures on any affected property would comply with the minimum
and maximum setback standards of the applicable zone after the proposed
consolidation; and
5.
If
the resulting aggregation of affected properties is eligible for additional
development under existing zoning, the proposed consolidation will
not:
E.
Conditions
of Approval. Type I decisions are not subject to imposition of conditions
of approval.
F.
Requirements
for Conveyance and Recording. Pursuant to Subsection 12.70.030.H.4,
the Notice of Decision for a Lot Consolidation shall specify that
the Decision expires 2 years from the date of approval unless the
following requirements have been met:
(Ord. 6120 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)
A.
When
Applicable. An application for Partition (PAR) shall be required for
the creation of 2 or 3 new parcels from at least 1 lot of record (parent
parcel) in 1 calendar year.
B.
Compliance
with ORS Chapter 92. PAR applications shall conform to all state regulations
set forth in ORS Chapter 92, Subdivisions and Partitions.
C.
Lot Size Limitations for Partitions. In order to effectively implement density standards and subdivision requirements, and except as provided in subsection D below, partitions for single detached or duplex residential development shall not be processed on single lots or aggregated contiguous lots under the same ownership with sufficient net acreage to allow creation of more than 3 lots meeting the density range requirements of this Code for single detached dwellings.
D.
Homestead Exception. On the larger lots cited in subsection C above, a 2-lot partition application may be processed only to divide 1 smaller parcel for a single detached dwelling or middle housing from a larger parent parcel, provided the parcel for the single detached dwelling or middle housing does not have sufficient lot area to allow further division under the standards of the applicable base zone, except for creation of townhouse lots or middle housing land divisions. This exception may also include creation of tracts for natural resource preservation.
E.
Procedure.
Partitions are reviewed through a 2-step procedure, a preliminary
plat and a final plat.
F.
Submittal Requirements. Type II application submittal requirements are set forth in Section 12.70.040 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for a preliminary partition shall include the following:
1.
An
application form, signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
Certification
forms from the applicable agency or City department regarding the
availability of water, sanitary sewer and storm sewer;
4.
A
preliminary partition plat with all information required on the application
form and/or checklist;
6.
A
narrative describing the project and addressing compliance with all
approval criteria and applicable standards.
G.
Approval
Criteria for a Preliminary Partition Plat. To approve a preliminary
partition application, the Review Authority shall make findings of
fact, based on evidence provided, that the following criteria are
satisfied:
1.
All
proposed parcels comply with the development standards of the base
zone;
2.
Adequate
public facilities are available or can be provided to serve the proposed
parcels;
3.
The
application provides for the dedication or conveyance of public rights-of-way
or utility easements necessary and adequate to meet the standards
of the applicable master plan; and
4.
All
proposed improvements including access locations meet City and applicable
agency standards.
H.
Concurrent Processing of Minor Adjustments. A request for a Minor Adjustment to any standards shall be made in accordance with Section 12.80.154 and shall be reviewed as part of the preliminary partition application. The Minor Adjustment process cannot be used to vary or take an exception from the standards listed in Subsection 12.80.150.C.
I.
Conditions of Approval on a Preliminary Partition Plat. Pursuant to Section 12.70.120, the Planning Director may impose conditions on the approval of a preliminary partition plat to ensure compliance with the approval criteria.
M.
Final Partition Plat Submittal. An application for final partition plat shall be reviewed under the Type I procedure, as described in Section 12.70.030. At a minimum, an application for a final partition shall include the following:
1.
The
application form, signed by the owner of the property to be partitioned;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
final plat prepared by a land surveyor or engineer licensed to practice
in Oregon, incorporating any applicable conditions of approval imposed
by the Director as part of the preliminary plat approval;
4.
A
narrative addressing compliance with the preliminary plat approval
and all conditions of that approval; and
5.
Signed
and notarized copies of all supplemental documents required by the
preliminary plat approval, such as Covenants, Conditions and Restrictions,
Waivers of Remonstrance, or easements. Such document(s) shall be fully
executed.
N.
Final
Partition Plat Approval Criterion. If the final partition plat is
consistent with the approved preliminary plat, and if the conditions
of approval have been satisfied, the Planning Director shall sign
the final plat.
O.
Implementation
of Final Plat Approval.
1.
The approved final partition plat shall be recorded prior to expiration of the original decision. Refer to Section 12.70.140. If the final plat is not recorded within this time, the final plat shall be null and void. If the Planning Director has signed the final plat, but it has not yet recorded, the Planning Director has the authority to revoke the City’s approval of the final plat.
2.
The
applicant shall be responsible for all recording fees and shall provide
the City with a copy of the recorded plat within 5 days of the recording.
The Planning Director has the authority, as applicable, to stop submittal
of building permits, issuance of permits, or issuance of Certificate
of Occupancy until provided with the recorded copies.
3.
The
applicant shall provide the City with copies of any recorded supplemental
documents required by the preliminary plat approval, such as Covenants,
Conditions and Restrictions, Waivers of Remonstrance, or easements
within five days of the recording. The Planning Director has the authority,
as applicable, to stop submittal of building permits, issuance of
permits, or issuance of Certificate of Occupancy until provided with
copies of the recorded supplemental documents.
P.
Building
Permit Issuance.
1.
With the exception of a model home as a project sales office pursuant to Section 12.40.200, no residential building permit shall be issued on a parcel created by a partition plat until the approved final partition plat has been recorded at Washington County.
2.
Prior
to either issuance of an occupancy permit or final inspection, all
improvements required by the conditions of approval shall be constructed
or the construction shall be guaranteed through a performance bond
or other instrument acceptable to the City Engineer.
(Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6465 § 2, 2024)
A.
When
Applicable. An application for a Subdivision (SUB) shall be required
for the creation of 4 or more new lots from at least 1 lot of record
in 1 calendar year.
B.
Compliance
with ORS Chapter 92. All subdivision proposals shall conform to all
state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
C.
Procedure.
Subdivisions are reviewed through a 2-step process: the preliminary
plat and the final plat.
D.
Determination
of Procedure Type for Preliminary Subdivision Plat.
1.
Preliminary
plat applications for residential subdivisions which do not exceed
any of the following thresholds may be reviewed under the Type II
process:
2.
A
preliminary plat application for a non-residential subdivision, or
for a residential subdivision that does not meet any of the thresholds
listed in paragraph D.1 above, may be processed under Type II procedures.
However, an applicant may request processing under Type III procedures
for any subdivision.
3.
Prior
to the determination of application completeness, the Planning Director
may decide that an application which does not exceed any of the thresholds
in paragraph D.1 above warrants Type III review due to the following
factors:
E.
Submittal Requirements. General submittal requirements for Type II and Type III applications are set forth in Sections 12.70.040 and 12.70.050, respectively. More specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for a subdivision preliminary plat shall include the following:
1.
The
application form, signed by the owner of the property to be subdivided;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
Certification
forms from the applicable agency or City department regarding the
availability of water, sanitary sewer and storm sewer;
4.
A
narrative addressing compliance with each approval criterion and applicable
development standards and architectural design and construction standards
of Subchapter 12.50 as applicable;
5.
A
vicinity map showing existing conditions within 500 feet of the proposed
subdivision, including topography, lotting patterns, utilities and
transportation facilities;
7.
Any
additional information identified through a pre-application conference.
F.
Approval
Criteria for Subdivision Preliminary Plat. To approve a subdivision
preliminary plat, the Review Authority shall make findings of fact,
based on evidence provided, that the following criteria are satisfied:
1.
The
proposal complies with the criteria and standards of this Code, including
the minimum and maximum residential densities of the base zone, if
applicable;
2.
The
proposal provides for necessary public utilities and facilities including,
but not limited to, water, sanitary sewer, storm sewer, streets, parks,
fire protection, and police protection;
3.
The proposal facilitates safe and convenient bicycle and pedestrian connections and access within the proposed subdivision compliant with Section 12.50.420;
5.
The
proposal complies with the development and design standards in Subchapter
12.50 relating to street and bicycle/pedestrian design, usable open
space, and development and design guidelines, and with any other applicable
standards identified at the pre-application conference;
6.
The
proposal complies with the requirements of any other affected agencies,
including but not limited to: Washington County; CWS; DSL; and ODOT;
7.
Any
oversized lots within the development are configured to allow future
division in accordance with the requirements of this Code; and
8.
Streets,
driveways, and utilities will be sufficiently sized to serve the proposed
development and future development on any oversized lots.
G.
Requests for Minor Adjustments. A request for a Minor Adjustment to any standard shall be made in accordance with Section 12.80.154 and shall be reviewed as part of the subdivision preliminary plat application. The Minor Adjustment process can be used in conjunction with a Subdivision application. The Minor Adjustment process cannot be used to vary or take an exception from the standards listed in Subsection 12.80.150.C.
H.
Phased
Development. If the subdivision is proposed to be developed in phases,
the applicant shall include a phasing program with the subdivision
preliminary plat application submittal. The applicant shall also provide
a schedule for the final platting of the various phases. If the total
time period for the final platting of all stages is proposed be longer
than 5 years, approval of a new preliminary subdivision plat application
shall be required for the remaining unplatted phases.
I.
Conditions of Approval. Pursuant to Section 12.70.120, the Review Authority may impose conditions on the approval of a preliminary subdivision plat application to ensure compliance with the approval criteria.
M.
Subdivision Final Plat Submittal. An application for subdivision final plat shall be reviewed under the Type I procedure, as described in Section 12.70.030. At a minimum, an application for a final plat shall include the following:
1.
The
application form, signed by the owner(s) of the property to be subdivided;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
final plat prepared by a land surveyor or engineer licensed to practice
in Oregon, incorporating any applicable conditions of approval imposed
by the Review Authority under the preliminary subdivision plat approval;
4.
A
narrative addressing compliance with the preliminary plat approval
and all conditions of that approval;
5.
Signed
and notarized copies of all supplemental documents required by the
preliminary plat approval, such as Covenants, Conditions and Restrictions,
Waivers of Remonstrance, or easements.
N.
Subdivision
Final Plat Approval Criteria. If the Planning Director determines
that the final plat is consistent with the approved preliminary plat,
and the conditions of approval have been satisfied, the Planning Director
shall either:
1.
Sign
the final plat as the representative of the Planning Commission in
the case of a minor subdivision processed as a Type II application;
or
2.
Release
the plat for the signature of the Planning Commission president in
the case of a major subdivision processed as a Type III application.
3.
If the Director determines that the final plat is not consistent with the approved preliminary plat, or the conditions of approval have not been satisfied, the Planning Director shall provide findings of fact stating the basis for denial. The applicant may then either submit a revised final plat application or appeal the Director's decision as provided in Section 12.70.180.
O.
Implementation
of Final Plat Approval.
1.
The approved final subdivision plat shall be recorded prior to expiration of the original decision. Refer to Section 12.70.140. If the final plat is not recorded within this time, the final plat shall be null and void. If the Planning Director has signed the final plat, but it has not yet recorded, the Planning Director has the authority to revoke the City’s approval of the final plat.
2.
The
applicant shall be responsible for all recording fees and shall provide
the City with a copy of the recorded plat within 15 days of the recording.
The Planning Director has the authority, as applicable, to stop submittal
of building permits, issuance of permits, or issuance of Certificate
of Occupancy until provided with copies of the recorded supplemental
documents.
3.
The
applicant shall provide the City with copies of any recorded supplemental
documents required by the preliminary plat approval, such as Covenants,
Conditions and Restrictions, Waivers of Remonstrance, or easements
within five days of the recording. The Planning Director has the authority,
as applicable, to stop submittal of building permits, issuance of
permits, or issuance of Certificate of Occupancy until provided with
copies of the recorded supplemental documents.
P.
Building
Permit Issuance.
1.
With the exception of a model home as a project sales office pursuant to Section 12.40.200, no residential building permit shall be issued on a lot created by a subdivision plat until the approved final subdivision plat has been recorded at Washington County.
2.
Prior
to either issuance of an occupancy permit or final inspection, all
improvements required by the conditions of approval shall be constructed
or the construction shall be guaranteed through a performance bond
or other instrument acceptable to the City Engineer.
(Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6465 § 2, 2024)
A.
Applicability. Applicability for Expedited Land Divisions (ELD) is stated in paragraph C.1 below. Applicability for Middle Housing Land Divisions (MHLD) is stated in subsection D below.
B.
Compliance
with ORS Chapter 92. All ELD and MHLD proposals shall conform to all
applicable State regulations set forth in ORS Chapter 92, Subdivisions
and Partitions.
C.
Preliminary Plat Application for Expedited Land Divisions. ELDs are subject to the alternative review procedures as described in Section 12.70.025.
1.
Applicability
and Approval Criteria. Approval of a preliminary plat for an ELD application
will be granted if the Planning Director finds that the application
has met all of the following criteria:
a.
The land is zoned for residential use and is within the urban growth
boundary.
b.
The land is solely for the purpose of residential use, including
recreational or open space uses accessory to residential use.
c.
The land division will not provide for dwellings or accessory buildings
to be located on land that is specifically mapped and designated in
the comprehensive plan and land use regulations for full or partial
protection of natural features under the statewide planning goals
that protect open spaces, scenic and historic areas, and natural resources.
d.
The land division satisfies minimum street or other right-of-way
connectivity standards established by the City's acknowledged land
use regulations.
e.
The land division will result in development that either:
i.
Creates enough lots or parcels to allow building residential units
at 80% or more of the maximum net density permitted by the zoning
designation of the site; or
ii.
Will be sold or rented to households with incomes below 120% of the
median family income for the county in which the project is built.
2.
Submittal
Requirements. In addition to the items listed in Subsection 12.70.025.F.1,
an application for an ELD shall describe the manner in which the proposed
partition or subdivision complies with each of the criteria in paragraph
C.1 above.
D.
Preliminary Plat Application for Middle Housing Land Division. An MHLD is a partition or subdivision of a lot or parcel within a middle housing zone on which a middle housing project has been developed or approved for development under the provisions of this Code and ORS 197.758 subject to the alternative review procedures as described in Section 12.70.025.
1.
Approval
Criteria. Approval of a preliminary plat for an MHLD application will
be granted if the Planning Director finds that the application has
met all of the following criteria:
a.
The middle housing development complies with the Oregon Residential Specialty Code and the applicable CDC middle housing regulations, including but not limited to, the provisions in base zones, and in Sections 12.50.710 – 12.50.715. In order to demonstrate compliance with this criterion, the applicant shall submit approved building permits and an accompanying site plan demonstrating that existing or proposed structures are in compliance with the Oregon Residential Specialty Code on both resulting child lots/parcels and parent lots/parcels. The permits and plans shall also demonstrate how the existing or proposed structures comply with the applicable CDC middle housing regulations on parent lots/parcels. Exactly 1 dwelling unit shall be located on each resulting child lot or parcel with the exception of lots, parcels, or tracts used as common areas that do not require a dwelling unit to be located on them.
b.
Separate utilities will be provided for each dwelling unit along
with easements for locating, accessing, replacing, and servicing all
utilities.
2.
Submittal
Requirements. In addition to the items listed in Subsection 12.70.025.F.1,
an application for a MHLD shall describe the manner in which the proposed
partition or subdivision complies with each of the provisions of paragraph
D.1 above.
3.
Conditions of Approval. Pursuant to Section 12.70.120, the Review Authority may impose conditions on the approval of a preliminary plat application for an MHLD to ensure compliance with the approval criteria listed in Subsection 12.80.099.D.1. In accordance with ORS Chapter 92, the City shall not attach conditions of approval requiring that a child lot or parcel require driveways, vehicle access, parking, or minimum or maximum street frontage.
E.
Final
Plat Requirements for Expedited and Middle Housing Land Divisions.
1.
Approval
Criteria. The Planning Director shall sign the final plat for an ELD
or MHLD if the final plat application provides documentation of compliance
with all of the following:
2.
Submittal
Requirements. An application for an ELD or MHLD final plat shall include
the items listed in Subsection 12.70.025.F.1.
3.
Implementation
of Final Plat Approval.
a.
The approved final plat shall be recorded prior to expiration of the original decision. Refer to Section 12.70.140. If the final plat is not recorded within this time, the final plat shall be null and void. If the Planning Director has signed the final plat, but it has not yet recorded, the Planning Director has the authority to revoke the City’s approval of the final plat.
b.
The applicant shall be responsible for all recording fees and shall
provide the City with a copy of the recorded plat within five days
of the recording. The Planning Director has the authority, as applicable,
to stop submittal of building permits, issuance of permits, or issuance
of Certificate of Occupancy until provided with copies of the recorded
supplemental documents.
c.
The applicant shall provide the City with copies of any recorded
supplemental documents required by the preliminary plat approval,
such as Covenants, Conditions and Restrictions, Waivers of Remonstrance,
or easements. The Planning Director has the authority, as applicable,
to stop submittal of building permits, issuance of permits, or issuance
of Certificate of Occupancy until provided with copies of the recorded
supplemental documents.
(Ord. 6401 § 1, 2022; Ord. 6465 § 2, 2024)
A.
Purposes.
The Modification (MOD) process may be initiated at the applicant's
option to enable approved plans and permits to be modified under an
appropriate review process without initiating repetition of the original
application. The Modification process also allows use of 2 Procedure
Types based on the scale of the proposed modification.
C.
Thresholds
for Major Modifications. A MOD application meeting any of the following
thresholds shall be processed as a Major Modification:
1.
Change
in use category on any portion of the site;
2.
Increased
residential density;
3.
Changes
in perimeter setbacks or lot coverage;
4.
Increases
in proposed building height within 100 feet of single detached and
middle housing residential zones;
5.
Reduction
of usable common open space areas;
6.
Changes
to approved development on slopes greater than 25% and/or within Significant
Natural Resource Areas or Impact Areas;
7.
Changes
in access or parking locations affecting exterior driveway or intersection
locations or off-site traffic circulation;
8.
Changes
in traffic volume which affect the need for on-site and/or off-site
traffic safety or capacity improvements;
9.
Decreases
in pedestrian or bicycle amenities, recreational facilities, screening,
and/or landscaping provisions; and/or
10.
Any change to a condition of approval similar to paragraphs 1 through
9 which, under the Planning Director's discretion is determined to
have detrimental impacts on adjoining properties.
D.
Thresholds for Minor Modifications. If it meets none of the thresholds identified in subsection C above, a Modification application meeting any of the thresholds listed below shall be processed as a Minor Modification:
1.
Reduction
in residential density within the designated range of the underlying
zone;
2.
Increases
in pedestrian or bicycle amenities, recreational facilities, screening,
and/or landscaping provisions;
3.
Increases
in usable common open space areas; and/or
4.
Any
change involving a shift in building heights or locations, proposed
interior streets, parking or utility easement configurations, landscaping
or other interior site improvements.
E.
Procedure for Modifications. Major Modifications are subject to the same procedure Type as the original application, either a Type II procedure as described in Section 12.70.040 or a Type III procedure as described in Section 12.70.050. Minor Modification applications are subject to the Type II procedure as described in Section 12.70.040.
F.
Submittal Requirements. Type II and Type III application submittal requirements are set forth in Sections 12.70.040 and 12.70.050, respectively. Specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for a Minor or Major Modification shall include the following:
1.
An
application form signed by the applicant or the applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
4.
Narrative
addressing whether the modification affects compliance with the approval
criteria and applicable standards of the original application.
G.
Scope
of Review. The scope of review for a Modification shall be limited
to the modification request.
H.
Approval
Criteria. To approve a Minor or Major Modification application, the
Review Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
1.
The
location, size, and functional characteristics of the modified development
can be made reasonably compatible with, and would have a minimal impact
on, properties surrounding the subject site; and
2.
New
elements are provided that functionally compensate for any negative
effects caused by the requested modification(s). New elements used
to compensate for a negative effect shall be of at least equal value
to the elements proposed to be changed.
3.
The
criteria in paragraphs 1 and 2 above shall be applied only to the
area and/or lots within the development that are affected by the proposed
Modification.
4.
In
the case of a Major Modification, the entire development with the
proposed modification shall demonstrate compliance with the approval
criteria of the original application.
(Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6401 § 1, 2022)
A.
Purpose.
Pre-existing legally compliant uses and structures become non-conforming
when a zone or development standard applicable to the use or the site
changes, and the existing use or structures would no longer be allowed
under the changed zoning. Requiring non-conforming uses or structures
(NCUs) to immediately conform to the changed zoning would be a significant
hardship on property owners, residents, and businesses. Regulating
non-conforming situations such as uses and structures limits expansion
of such situations and encourages future uses and development toward
consistency with this Code, eventually bringing such situations into
conformance. The provisions of this section shall be read in concert
with Subchapter 12.30.
B.
Procedure. Except as specified herein, applications to expand non-conforming uses or structures are reviewed through the Type III procedure, as described in Section 12.70.050. The creation of middle housing through additions to, and conversion of, an existing non-conforming single detached dwelling in accordance with Subsection 12.30.500.C.2 is permitted and does not require Nonconforming Use or Structure Expansion review.
C.
Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for expansion of a non-conforming use or structure shall include the following:
D.
Approval
Criteria. To approve an Expansion of an NCU, the Review Authority
shall make findings of fact, based on evidence provided, that the
following criteria are satisfied:
1.
The
non-conforming situation was not created unlawfully;
2.
With
mitigation measures, the expanded situation will have fewer or reduced
detrimental impacts on the surrounding area. Detrimental impacts in
this context include the following:
3.
In
a residential zone, if changes are proposed to the site, the appearance
of the expanded non-conforming use or structure will not adversely
affect the residential character of the area, taking into account
all of the following factors:
4.
In
a commercial or industrial zone, if changes are proposed to the site,
the appearance of the expanded non-conforming use or structure will
not detract from the purpose, function and character of the zone.
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purposes. The purposes of the Planned Unit Development (PUD) application and process are found in CDC Subsection 12.27.500.
B.
Where
Required. An applicant may request the PUD process for any development
project of any size in any zone. However, the PUD process is required
in the following circumstances:
1.
For
any non-residential development projects in the MU-VTC or SCR-V zone;
2.
For
any non-residential phased development within a light rail zone;
3.
For
any non-residential development projects within the boundaries of
the Witch Hazel Village Community Plan area;
4.
For
any non-residential development projects in the South Hillsboro Plan
District with a site size over 15 gross acres; or
5.
For
any new development in the SCFI zone.
C.
Allowable
Uses.
1.
PUDs
in Residential Zones. In residential zones, PUD concept plan approval
allows development of a site with a mixture of uses. The following
uses are allowed with PUD approval:
2.
PUDs
in 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 following
limitations:
a.
At least 60% of the PUD area shall be occupied to uses permitted
or conditionally permitted by the implementing zones of the Comprehensive
Plan designation; and
b.
If retail commercial use is not allowed by the base zone, a multi-tenant
retail commercial facility or structure under common ownership or
common control may be approved in an industrial PUD if the square
footage is 15,000 square feet or less.
3.
PUDs
in the MU-VTC Zone. In the MU-VTC Mixed-Use Village Town Center zone,
PUD concept plan approval allows development of a site with a mixture
of all permitted, limited, and/or conditional uses in the underlying
zone.
D.
Phasing.
Unless otherwise authorized by the Planning Commission, a phased development
may not exceed 5 years between commencement of development on the
first and final phases.
E.
Procedures. PUD applications are subject to the Type III procedure, as described in Section 12.70.050.
2.
A
PUD application that is consolidated with a Land Division application
and/or a Development Review application is subject to the Type III
procedure, as described in Sec-tion 12.70.050. A separate Land Division
and/or Development Review application is not needed if the request
is consolidated with the PUD application.
3.
A PUD application and a concurrent Development Review application are both subject to the Type III procedure, as described in Section 12.70.050. A PUD application and a concurrent Land Division application may not occur.
4.
A
PUD application followed by a deferred Land Division application and/or
a deferred Development Review application may occur. The deferred
Land Division application will be subject to the Type II or Type III
procedure, as applicable. The deferred Development Review application
will be subject to the Type II procedure.
G.
Consolidated,
Concurrent and Sequential Applications.
1.
Applications
for PUDs and implementing Land Division and/or Development Review
applications may be submitted at the applicant's discretion as consolidated,
concurrent or sequential, and shall be processed as described in Table
12.80.120-1 below:
|
Table 12.80.120-1:
Consolidated, Concurrent and Sequential PUD Applications
| |||
|---|---|---|---|
|
Consolidated
|
Concurrent
|
Sequential
| |
|
Procedure Type
|
All applications processed as Type III
|
Applications may be Type II or Type III as required in Table
12.70.020-1.
| |
|
Submittal
|
All applications submitted together
|
Applications submitted simultaneously or consecutively.
|
Applications submitted consecutively.
|
|
Signature forms
|
Separate signature forms submitted for each application.
| ||
|
Narrative
|
Criteria and standards for all applications addressed in single
narrative
|
Criteria and standards for each application addressed in separate
narratives.
| |
|
Plans
|
Submitted in single package
|
Submitted in separate packages with applications.
| |
|
Public Notices
|
One public notice mailed for all applications; notice references
applicable approval criteria and sections for all applications submitted
in the consolidated packet.
|
Public notices mailed either simultaneously or consecutively,
dependent on application submittal date and procedure type. Notices
cross-reference related applications.
|
Public notices mailed consecutively.
Notices cross-reference related previous applications.
|
|
Staff Reports
|
All applications and issues reviewed in a single staff report.
|
Applications and issues reviewed in separate staff reports.
| |
|
Public Hearings
|
All applications reviewed in a single hearing.
|
Applications reviewed separately under the applicable process(es)
and Review Authority.
| |
|
Notice of Decision
|
Single decision issued: may have subsections for each application.
|
Multiple decisions issued: approvals may be cross-conditioned
upon approval of related applications.
| |
2.
If the applicant chooses to submit the implementing Development Review application sequentially, the PUD concept plan application must include sufficiently detailed building locations, dimensions, elevations, and building and landscaping materials palettes to clearly establish the standards by which the Development Review application will be reviewed administratively as a Type II application under Section 12.70.040.
H.
Planned Unit Development Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a PUD shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative.
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal.
3.
An
Existing Conditions plan.
4.
Concept
Plan sets including but not limited to the following:
a.
Pedestrian and Vehicle Site Circulation;
b.
Development Pattern, including approximate location, acreage, type
and density of proposed development, and for any residential development
the housing types, unit densities, and generalized lot sizes at their
proposed locations on the site;
c.
Conceptual architectural designs, including drawings, illustrations
and building elevations, with exterior materials board and color palette;
d.
Open Space and Natural Resources, including percentage of site area
and approximate locations of proposed parks, playgrounds or other
outdoor play areas, common areas and usable open space; and natural,
historic and cultural resource areas or features proposed for preservation.
5.
Preliminary
partition or subdivision plat if land division is included in the
development proposal.
6.
Preliminary
phasing plan including infrastructure phasing, if project phasing
is proposed.
7.
Narrative
statements including but not limited to the following:
a.
Description, approximate location and timing of each proposed phase
of development;
b.
Explanation of how the proposed PUD is consistent with the purposes
of this section, the intent of the underlying zone, and any applicable
Community Plan;
e.
A statement describing the impacts of the proposed development on
natural resources and on any resources contained in the City's Inventory
of Cultural Resources within the proposed site;
f.
Narrative addressing compliance with partition or subdivision approval
criteria if applicable;
g.
Narrative addressing compliance with development review approval
criteria if applicable;
h.
Narrative addressing compliance with adjustment approval criteria
if applicable; and
i.
Narrative and/or drawings justifying and substantiating the need
for variances or adjustments, if requested, to the development and/or
design standards of the applicable base zone, overlay zone, or Plan
District; and addressing the applicable approval criteria in Subsections
12.80.152.C through E, 12.80.154.C, 12.80.156.C, and 12.80.158.A through
M.
I.
Development
Regulations and Design Standards not Subject to Adjustment. The PUD
application process with consolidated Adjustment cannot be used to
vary or take an exception from the standards listed in Subsection
12.80.150.C.
J.
Concept
Plan Approval Criteria. To approve a PUD concept plan, the Planning
Commission shall make findings, based on evidence provided, that the
following criteria are satisfied:
1.
The
development concept demonstrates that the PUD has some significant
advantages over a standard development allowed under base zoning standards.
"Significant advantages" in this context may include, but are not
limited to, one or more of the following:
a.
The PUD is consistent with the provisions of any applicable adopted
Community Plan in the Comprehensive Plan and any applicable plan district
in Subchapters 12.60 through 12.66;
b.
The PUD protects, preserves, and/or manages areas of significant
natural resources beyond the requirements of the base zoning regulations;
c.
The general arrangement of proposed uses in the PUD better integrates
future development into the surrounding neighborhood, either through
more compatible street layout, architectural styles and housing types,
or by providing better transitions between the surrounding neighborhood
and the PUD with compatible development or open space buffers;
e.
Areas of open space, their intended levels of use, and their relationship
to other proposed uses in the PUD provide enhanced opportunities for
"third place" gathering areas;
f.
The PUD features outstanding site design and construction; such as
enhanced architectural design and materials; best management practices
for on-site storm water management, green building materials, water
and energy efficiency, and/or horticultural activities;
g.
Site design in the PUD will create a diverse neighborhood including
age-or disability-friendly features such as "visitability"; and
h.
The PUD features enhanced opportunities for walkability or transit
ridership, including separated parking bays, off street walking paths,
shorter pedestrian routes than vehicular routes, linkages to or other
provisions for bus stops, etc.
2.
Any adjustment(s) proposed meet the approval criteria for the specific adjustment(s) as set forth in Section 12.80.158.
3.
If
a preliminary plat was submitted for approval with the PUD concept
plan, then the preliminary plat complied with the applicable approval
criteria in Subsection 12.80.096.G or 12.80.098.F.
K.
Conditions of Approval and Binding Elements. Pursuant to Section 12.70.120, the Review Authority may impose conditions on the approval of the PUD concept plan to ensure compliance with the approval criteria and may also impose conditions of approval on the PUD concept plan regarding changes in detailed site plans or elevations as necessary to insure compliance with Sections 12.50.700, 12.50.800 and/or 12.50.900.
PUD concept approval shall constitute preliminary approval for
the proposed development, with final approval implemented in the concurrent
or subsequent Development Review approval, Land Division Final Plat
approval, or both. However, the PUD approval shall be binding as to
the following aspects, which shall not be modified in the implementing
approvals:
L.
Zoning
Map Designation. The boundaries of an approved Planned Unit Development
shall be designated and applied to the Zoning Map. A separate Zone
Change application is not required to apply the Planned Unit Development
Overlay.
P.
Requests for Adjustments after Concept Development Plan Approval. Requests for variances or adjustments to an approved PUD Concept Development Plan submitted after the original approval shall be processed as a modification to the PUD approval pursuant to Section 12.80.100.
Q.
Previously Approved Concept Development Plans Approved as Planned Unit Developments. Any Concept Development Plan approval issued prior to September 4, 2014 shall be considered an approved Planned Unit Development. Subsequent modifications to any such Concept Development Plan shall be processed as PUD modifications under Section 12.80.100.
(Ord. 6110 §11, 2015; Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022)
A.
Timing.
Following Planned Unit Development (PUD) concept plan approval, an
applicant may submit implementing applications for Development Review,
Partition or Subdivision Final Plat approval, or both, consistent
with the approved PUD concept plan. Applications for the implementing
approvals for the first phase of the PUD shall be filed within 18
months of the final decision date approving the PUD concept plan.
B.
Procedures. An application for an implementing Development Review application shall be reviewed under a Type II procedure, as set forth in Section 12.70.040. An application for an implementing final partition or subdivision plat shall be reviewed under a Type I procedure, as set forth in Section 12.70.030.
C.
Implementing Application Submittal Requirements. Specific submittal requirements for Development Review (DR) and Land Division final plats are provided on application forms and checklists as authorized in Section 12.70.110. Minimum application submittal requirements for Development Review are provided in Section 12.80.040. Minimum application submittal requirements for Subdivision Final Plats are provided in Section 12.80.098. Minimum application submittal requirements for Partition Final Plats are provided in Section 12.80.096.
D.
Approval
Criteria. To approve an implementing application for Development Review,
Land Division Final Plat or both, the Review Authority shall make
findings, based on evidence provided, that the following criteria
are satisfied:
2.
The
implementing application complies with all applicable development
standards in Subchapter 12.50; and any applicable provisions regarding
overlay zones in Subchapter 12.27 or plan districts in Subchapters
12.60 through 12.66.
3.
The
implementing application conforms to the PUD concept plan approval
and all the conditions of approval.
E.
Limitations
on Changes from Concept Plan Approval.
1.
The
Review Authority may approve an implementing application which includes
minor changes from the PUD concept plan, if the minor changes meet
all of the following criteria:
a.
The change does not affect a binding element under Subsection 12.80.120.L
or a non-variable standard under Subsection 12.80.150.C;
b.
The change does not relate to a condition of approval or a requirement
placed on the PUD concept plan by the Planning Commission;
c.
The change does not involve a change in use;
d.
The change does not increase or decrease the overall residential
density of the PUD by more than 5%;
e.
The change does not decrease the overall density of the development;
f.
The change does not increase the average daily auto trips associated
with the approved plan by more than 100 trips;
g.
The change involves a shift in the location of buildings or internal
streets, parking lot configuration, landscaping, or usable open space
within the site and does not impact properties outside the development
with respect to intersection locations, utility connections, increased
traffic impacts, or site drainage; and
h.
Any change in the schedule or phasing does not adversely impact or
delay construction of related infrastructure, streets or transportation
system improvements; preclude timely and efficient provision of services
to adjacent properties; or adversely impact existing infrastructure
or transportation systems in the vicinity.
2.
If
the Review Authority finds that the implementing applications do not
conform to the approved PUD concept plan or the changes do not meet
the criteria of "minor changes" as listed in paragraph 1 above, the
implementing applications shall be denied unless the Review Authority
places conditions on the implementing applications to achieve conformance
with the approved PUD concept plan.
F.
Conditions of Approval. Pursuant to Section 12.70.120, the Review Authority may impose conditions on the approval of the implementing applications to ensure compliance with the approval criteria and the relevant standards of this Code, including standards set out in overlay districts, master plans for transportation and utilities and adopted design standards, provided such conditions are consistent with the PUD concept plan approval. In approving implementing DR and/or Land Division applications, the Review Authority may require adequate financial guarantees of compliance with the approved PUD concept plan.
(Ord. 6110 § 11, 2015; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose. The purpose of a Partial-dwelling STR is to allow residents
an opportunity to rent a portion of their dwelling to paying guests
for 30 days or less, while establishing criteria and standards to
ensure that the rental activity is subordinate to the residential
use, and is in appearance and operation neither detrimental nor disruptive
to neighboring properties and residents.
B.
Procedure. Partial-dwelling STR applications are subject to the Type I procedure as described in Section 12.70.030.
C.
Submittal Requirements. Type I application submittal requirements are set forth in Section 12.70.030 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a Partial-dwelling STR application shall include the following:
1.
An application form signed by the property owner or owner's
representative;
2.
Payment in full of the appropriate application fee, based on
the fee schedule in effect on the date of submittal;
3.
A scaled plot plan of the proposed Partial-dwelling STR site,
and a floor plan of any dwelling to be used by the owner or guests
during a rental; and
4.
A narrative addressing compliance with the approval criteria and special use standards in Section 12.40.230.
5.
Proof of property ownership.
D.
Approval Criteria. In order to approve a Partial-dwelling STR, the
Review Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
E.
Conditions of Approval. The Review Authority may impose conditions
on approval of a Partial-dwelling STR to ensure compliance with the
approval criteria.
I.
Invalidation of a Decision. Approval of a Partial-dwelling STR permit
is site-specific to the property and the original applicant. If an
applicant moves, the Partial-dwelling STR permit becomes invalid unless
a new permit is approved for the subsequent owner of the property.
J.
Revocation of a Decision. A business license for a permitted Partial-dwelling
STR is subject to revocation at any time by the City Council for cause
pursuant to Municipal Code Subchapter 5.04 under the following circumstances:
K.
Waiting Period for Re-Application. When a business license for a
Partial-dwelling STR is revoked due to violation of the standards
of this section, or any condition of approval attached to the permit,
a minimum period of 60 days shall elapse before another application
for a Partial-dwelling STR permit on the subject property will be
considered.
A.
Purpose. Significant Natural Resources Permits (SNRPs) implement the provisions of the Significant Natural Resource Overlay zone. This section shall be read in concert with Section 12.27.200.
B.
Where Required. SNRPs are required for development in the Significant Natural Resource Overlay zone as described in Section 12.27.200.
D.
General Submittal Requirements. General submittal requirements for Type II and Type III applications are set forth in Sections 12.70.040 and 12.70.050, respectively. At a minimum, an application for a SNRP shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
Unless
waived under paragraph G.1 below, either an Abbreviated Environmental
Report or a Full Environmental Report based on the type of application
and the level of disturbance as shown in Table 12.80.130-1.
|
Table 12.80.130-1:
Environmental Report Level Required for SNRPs
| ||
|---|---|---|
|
SNRP Type
|
Level of Disturbance in the SNR or Impact Area
| |
|
Less than 500 sq. ft.
|
500 square feet or more
| |
|
Minor SNRP (Type II)
|
Abbreviated
|
Abbreviated
|
|
Major SNRP (Type III)
|
Abbreviated
|
Full
|
E.
Abbreviated
Environmental Report Submittal Requirements. An Abbreviated Environmental
Report submitted for a Minor or Major SNRP shall include the following
information:
1.
A
site plan drawn to scale showing the location of the following:
a.
Site topography at 2-foot contour intervals;
b.
Existing and proposed property lines, streets, driveways, and off-street
parking and loading areas;
c.
Types, species and diameters (4.5 feet above grade) of all trees;
d.
Types and species of native and non-native vegetation;
e.
Areas drawn to scale where existing structures are located and where
new structures are proposed;
f.
Areas drawn to scale where vegetation is proposed to be removed;
g.
Locations of stakes marking the areas in paragraphs e and f above.
2.
Photographs
taken within the last 30 days of the staked locations of proposed
structures or vegetation removal on the site. The location and direction
of the photographs shall be indicated on the site plan.
3.
A
narrative assessment addressing impacts of the proposed development
on the Significant Natural Resources (SNR) Site, its Impact Area,
and the features and characteristics of the site as identified in
the Local Wetlands Inventory; 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.
F.
Full Environmental Report Submittal Requirements. A Full Environmental Report submitted for a Major SNRP shall be prepared by 1 or more Qualified Natural Resources Professionals, and shall include all submittal requirements of the Abbreviated Environmental Report as listed in subsection E above and the following additional information:
1.
The
delineated location of Significant Natural Resources and the boundaries
of the Significant Natural Resources Overlay designation;
2.
A
delineation of each of the resources present on the site (Wetland,
Riparian Corridor, Upland Wildlife Habitat) and the conditions of
topography, soils and vegetation found on the site;
3.
The
location of pedestrian walkways, landscaped areas, utilities and easements
on the site plan;
4.
Recommendations
on the nature and extent to which the alterations and improvements
to be made could be modified in order to reduce negative impacts on
the SNR to the maximum feasible extent; and
5.
If
requested by the Planning Director, a cross-section view of the site
showing the proposed use, topographic alterations, slopes and other
pertinent information.
G.
Actions
by the Planning Director Related to SNRP Application Submittal.
1.
The
Planning Director may waive the requirement for a Full Environmental
Report or an Abbreviated Environmental Report if the Director finds,
based on the location of the boundary of the SNR on the site, that
none of the proposed development activity will take place within the
SNR area or its Impact Area.
2.
The
Planning Director may authorize the use of alternative means to establish
the location of Impact Area boundaries if an applicant does not have
access to the Significant Natural Resources site and therefore cannot
conduct a delineation.
3.
To
evaluate the Environmental Report, the Planning Director may consult
with a third-party professional with appropriate expertise to evaluate
either an Abbreviated or a Full Environmental Report, or may rely
on appropriate staff expertise.
4.
If the Planning Director finds that the Environmental Report is inadequate and deficient in addressing the applicable requirements in subsection E or F above, the Director shall reject the Environmental Report. Such rejection shall be grounds to deny a development or permit application associated with the SNRP, involving an SNR Site or its Impact Area.
H.
Process
Requirements Specific to Significant Natural Resources Permits. As
required by ORS 227.350, Planning staff shall send a Wetland Land
Use Notification Form to the Department of State Lands when an SNRP
application is declared complete if that application is for uses or
activities on property wholly or partially identified as wetlands
on the Statewide Wetlands Inventory.
I.
Approval
Criteria. To approve a SNRP, the Review Authority shall make findings
of fact, based on evidence provided, that the following criteria are
satisfied:
1.
For
Activities and Development in Impact Areas:
a.
To the extent practicable, proposed activities are located and designed
to minimize potential adverse impacts to SNR functions and values.
Efforts to minimize adverse impacts may include, but are not limited
to:
b.
Compensatory mitigation as cited in Section 12.27.250 is provided for any adverse impacts to a SNR Site resulting from regulated activities within the adjacent Impact Area.
c.
Compensatory mitigation cited in paragraph b above may be waived
if an applicant can show through the SNRP application that the use,
activity or Development proposed within the Impact Area will have
no adverse impact on the adjacent SNR Site.
2.
For
Activities and Development in Significant Natural Resource Sites:
a.
Within Level 1 SNR Sites, activities are located and designed to
minimize potential adverse impacts to the SNR Site to the extent practicable;
b.
Within Level 2 SNR Sites, activities are located and designed to
avoid potential adverse impacts to the SNR Site to the extent practicable;
c.
Within Level 3 SNR Sites, activities are avoided altogether to the
extent practicable;
d.
When activity within an SNR Site cannot be avoided, the activity
is located and designed to minimize potential adverse impacts to SNR
functions and values as identified in the City of Hillsboro Goal 5
Natural Resources Inventory and Assessment Report; and
3.
For
Utilities, Streets and Stormwater Management:
a.
If a utility location is specified in an adopted facilities plan, the utility is constructed in that location. In this case, the construction is not subject to the standards and procedures of this section or Section 12.27.200, except that compensatory mitigation as cited in Section 12.27.250 is required.
b.
If the location is not specified in an adopted facilities plan, the applicant has documented that there is no practicable alternative location for the public or private utility or street to be constructed outside an SNR Site. In this case, the construction is subject to the standards and procedures of this section and Section 12.27.200, and compensatory mitigation as cited in Section 12.27.250 shall be required.
c.
If street alignments, driveway locations, or access points are designated or specified in an adopted transportation plan, the street, driveway or access point is in that alignment or at that location. In this case, the construction is not subject to the standards and procedures of this section or Section 12.27.200, except that compensatory mitigation as cited in Section 12.27.250 is required.
d.
If the street alignment, driveway location, or access point is not
specified in an adopted transportation plan, the street, driveway
or access point may be constructed through or within an SNR Site to
access buildable areas of the property if the Review Authority finds
that the following requirements are met:
i.
There is no other practicable location for the street, driveway or
access point within the project boundaries or off-site through the
use of easements;
ii.
The street right-of-way or tract, driveway, or access point width
is the minimum necessary within the SNR Site which allows safe passage
by vehicles, bicycles and/or pedestrians;
iii.
Where crossing an SNR Site is unavoidable, bridges, arched culverts,
or box culverts with natural bottoms are used, and the number of crossings
is minimized by combining access for abutting lots and use of easements
to access adjacent lots;
iv.
Future extensions of shared access points, access easements or private
streets to potential new building sites are reflected in the current
plans, to avoid the need for future encroachment into the SNR Site.
J.
Approval
Criteria for Alternative Street Construction Methods. Street, driveway,
or access point construction within a SNR Site using methods other
than those specified in paragraph I.3.d. above may be allowed only
if the Review Authority makes findings of fact that both of the following
criteria are satisfied:
(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose.
The Community Development Code Text Amendment (CDCA) process shall
be used for legislative amendments to this Code. Such amendments are
necessary to reflect changing community conditions, needs, and desires,
to fulfill regional obligations, and to address changes in State law.
B.
Procedure. CDCAs are subject to the Type IV procedure, as described in Section 12.70.060. However, the Planning Director is authorized to make typographical, grammatical and cross-referencing corrections to this Code as needed without initiating the CDCA process.
C.
Submittal Requirements. Type IV application submittal requirements are set forth in Section 12.70.060.
D.
Approval
Criteria. In order to approve a Text Amendment application, the Review
Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
1.
The
CDCA addresses an issue or issues of concern on a variety of properties
or conditions, and is not intended to resolve a property-specific
or condition-specific situation;
2.
The
CDCA is consistent with relevant goals and policies of the Hillsboro
Comprehensive Plan, any applicable Community Plans, and with the provisions
of this Code;
3.
The
CDCA is consistent with relevant provisions of the Metro Urban Growth
Management Functional Plan;
4.
The
CDCA is consistent with relevant provisions of the Statewide Planning
Goals, the Oregon Administrative Rules, and State statutes; and
5.
The
CDCA is deemed by the Review Authority to be desirable, appropriate,
and proper.
F.
Expiration
of a Decision. Text Amendments are not subject to expiration.
G.
Extension
of a Decision. Text Amendments are not subject to extension.
(Ord. 6120 § 1, 2015; Ord. 6401 § 1, 2022)
A.
Purpose. Variance applications and Adjustment processes allow flexibility in applying the standards in this Code if a proposed development meets the intended purpose of those standards. As part of a discretionary review process, Variances and Adjustments may provide opportunities for provision of public benefits (pursuant to Section 12.50.900) to mitigate impacts of the Variances and Adjustments.
B.
Applicability
of Provisions; Exemptions.
1.
The
Variance application (VAR) shall be used if pre-existing conditions
on a lot or parcel create a hardship in developing the lot or parcel
consistent with the standards of this Code.
3.
The
Major Adjustment process shall be used only as part of a Type III
Development Review application or a Type III Planned Unit Development
application.
4.
With the exception of the standards listed in subsection C below, Minor Adjustments, and Major Adjustments may be submitted to request flexibility in the application of standards as shown in Table 12.80.150-1.
5.
The lot dimension variations specified in Section 12.50.110 are permitted without the approval of a Variance or Adjustment, subject to compliance with the standards of that section.
6.
Applications
for land divisions to divide duplexes or townhouses into separate
lots are exempt from the variance and adjustment processes, provided
that the parent parcel meets the minimum lot dimension standards of
the applicable underlying zone.
|
Table 12.80.150-1:
Applicability of Variance and Adjustment Processes
| |||
|---|---|---|---|
|
Standard from which flexibility is requested:
|
Variance
|
Minor Adjustment w/Type II Application
|
Major Adjustment w/Type III Application
|
|
To reduce lot size or dimensions below the base zone minimum standards (adjustments not available beyond optional variations in Section 12.50.110 unless approved as part of a PUD)
|
X
|
X
|
X
|
|
To reduce residential density less than 10% below the base zone
minimum standard
|
X
|
X
| |
|
To reduce residential density more than 10% below the base zone
minimum standard
|
X
| ||
|
To increase residential density above the base zone maximum
standard*
|
X
| ||
|
To reduce minimum Floor Area Ratio less than 10% below the minimum
base zone standard
|
X
|
X
| |
|
To reduce setbacks below the base zone minimum standards*
|
X
|
X
|
X
|
|
To increase setbacks above the base zone maximum standards
|
X
|
X
| |
|
To increase building heights above the base zone maximum standard*
(adjustment not available in Residential Compatibility Areas)
|
X
|
X
| |
|
To increase lot coverage above the base zone maximum standard
|
X
|
X
| |
|
To decrease Usable Open Space areas below the minimum standard
for the use type*
|
X
| ||
|
To decrease landscaping coverage below the minimum standard
for the use type
|
X
|
X
| |
|
To reduce the number of parking spaces below the minimum standard
for the use type*
|
X
|
X
| |
|
To increase the number of parking spaces above the maximum standard
for the use type*
|
X
|
X
| |
|
To adjust requirements for undergrounding overhead utilities*
|
X
|
X
| |
|
To adjust bicycle/pedestrian access way requirements*
|
X
|
X
| |
|
To adjust building entrance requirements*
|
X
|
X
| |
|
To adjust ground floor window transparency requirements*
|
X
|
X
| |
|
To adjust other numeric design standards
|
X
|
X
| |
|
To adjust non-numeric design standards
|
X
|
X
| |
|
*
|
Indicates certain criteria applicable as specified in Section 12.80.158.
|
C.
Limitations
on Cumulative Adjustments.
1.
The cumulative number of requests for Minor Adjustments in a Partition application shall not affect more than 1 parcel. The cumulative number of requests for Minor Adjustments in a Subdivision application shall not affect more than 25% of the lots. If requests for adjustments are proposed on a larger number of lots, the application shall be processed as a Planned Unit Development pursuant to Section 12.80.120.
2.
Requests
for Minor Adjustments in a Development Review, Partition, or Subdivision,
application may be submitted for not more than 4 of the following
7 categories:
3.
Not
more than 3 Minor Adjustment requests shall be submitted per lot or
building. In calculating the number of Minor Adjustments under this
provision, each adjustment on each lot shall be counted as one request.
For example, a front yard and side yard adjustment on one lot equals
2 requests; requests for adjustments in front yard setback, building
height, and parking equals 3 requests.
4.
If
requests for more than 3 Minor Adjustments are proposed on a single
lot or building, the requests shall be processed as a Major Adjustment
with a PUD or Type III Development Review application.
D.
Standards
not Subject to Variance or Adjustment.
1.
Variance
or Adjustment applications may address any regulation in this Code
except the following:
a.
To change a definition or use category classification;
b.
To allow a use or development type cited as "prohibited" or "not
permitted";
c.
To modify or remove a threshold for review, such as a standard which
requires a particular application for review of a certain project;
d.
To change the steps of a procedure type or to change assigned procedures;
2.
Adjustment
applications may address any regulation in this Code regarding light
rail zones except the following:
a.
To reduce residential density below 90% of the base zone minimum
standard;
b.
To increase residential density above the base zone maximum standard;
c.
To reduce floor area ratio below 90% of the base zone minimum standard;
d.
To reduce Usable Open Space below 85% of the base zone minimum standard;
e.
To reduce lot frontage below the base zone minimum standard;
g.
To allow surface parking or loading between a building and a major
pedestrian route;
h.
To allow parking cater-cornered from a Light Rail Station site at
an intersection;
i.
To requirements for pedestrian-oriented commercial uses wrapping
the ground floor of a parking structure; or
j.
To increase building height in residential compatibility areas in
the SCC-DT Station Community Commercial - Downtown zone, as shown
in Figure 12.61.400-D.
(Ord. 6110 § 12, 2015; Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6417 § 1, 2022)
A.
Procedure. Variance applications are subject to the Type III procedure, as described in Section 12.70.050.
B.
Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an application for a Variance shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or the owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
Existing
Conditions Plan;
4.
Proposed
Site Development Plan; and
5.
A
narrative clearly identifying each applicable standard from which
variance is requested, citing the reasons for the request, and addressing
compliance with each approval criterion.
C.
Approval
Criteria for Variances in Standard Zones. To approve a Variance in
a standard zone, the Review Authority shall make findings of fact,
based on evidence provided, that the following criteria are satisfied:
1.
Special
conditions over which the applicant has no control apply to the subject
property, which do not apply generally to other properties in the
same zone or vicinity. Examples of such special conditions may include
but are not limited to lot shape, topography, or unique landscape
features;
2.
The
requested variance is the minimum necessary deviation from the applicable
standard to allow the proposed use of the site;
3.
If
more than one variance is requested, the cumulative effect of the
variances results in a project that is still consistent with the overall
purpose of this Code or any adopted City policy;
5.
Any
negative impacts on surrounding properties which would result from
the variance can be mitigated to the extent practical;
6.
The
variance is necessary for the preservation of a property right of
the applicant substantially the same as is possessed by owners of
other property in the same zone or vicinity; and
7.
The
applicable standard from which the variance is requested is not listed
as a Standard not Subject to Variance or Adjustment in Subsection
12.80.150.D.
D.
Approval
Criteria for Variances in Mixed-Use or Light Rail Zones. To approve
a Variance in a mixed-use or light rail zone, the Review Authority
shall make findings of fact, based on evidence provided, that the
following criteria are satisfied:
1.
The
variation will equally or better meet the purposes of the standard
to be varied;
2.
The
development including the variation or cumulative variations remains
consistent with the overall purpose and intent of the district;
3.
The
variation will not have significant detrimental impacts on inventoried
cultural resources, significant natural resources or impact areas;
5.
The
applicable standard from which the variance is requested is not listed
as a Standard not Subject to Variance or Adjustment in Subsection
12.80.150.D.
E.
Approval Criteria for Variances from Regulatory Floodplain Ordinance (RFO) Standards. Applications for Variances from the standards of the RFO in Section 12.27.100 shall be subject to the following criteria and shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this subchapter, in addition to subsection C or D above:
1.
The
variance application is for new construction and/or substantial improvements
on a lot of record contiguous to and surrounded by lots with existing
structures constructed below the base flood level, and the following
factors have been considered:
a.
The danger that materials may be swept onto other lands to the injury
of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility
to the community;
e.
The necessity to the facility of a waterfront location, where applicable;
f.
The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
g.
The compatibility of the proposed use with existing and anticipated
development;
h.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
j.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
k.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, streets
and bridges.
2.
The
requested Variance is for a property one-half acre in size or smaller.
If a Variance is requested on a larger lot, the applicant's burden
of proof of technical justification for the Variance increases.
3.
Approval
of the Variance, if affecting an area within the Floodway, will not
result in any increase in flood levels during the base flood discharge.
4.
The
applicant has demonstrated that the RFO Variance is based on good
and sufficient cause.
5.
Granting
of a Variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
6.
The
Variance is the minimum necessary, considering the flood hazard, to
afford relief.
7.
Variances
may be issued for non-residential buildings in very limited circumstances
to allow a lesser degree of floodproofing than watertight or dry floodproofing,
where the Review Authority finds that approval of the Variance meets
the following criteria:
a.
The proposed construction will have low potential for flood damage;
b.
The proposed construction complies with all other Variance criteria
except paragraph 1 above; and
c.
All improvements will be constructed to minimize flood damage, by
using flood resistant materials, anchoring, and protecting on-site
public and private utilities where applicable.
8.
Variances
shall be approved only if the variance is found to be the minimum
deviation necessary, considering the flood hazard, to afford relief.
9.
The
applicable standard from which the variance is requested is not listed
as a Standard not Subject to Variance or Adjustment in Subsection
12.80.150.D.
(Ord. 6110 § 12, 2015; Ord. 6120 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6276 § 1, 2018; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Procedure.
1.
A
request for a Minor Adjustment may be submitted only as part of certain
land use applications, as listed in Subsection 12.80.150.B.
2.
If
Minor Adjustments are requested, the primary application shall determine
the procedure type. The primary application shall describe the requested
Adjustments in the narrative, clearly identify them on all plans,
and respond to all applicable Adjustment criteria.
B.
Submittal Requirements. In addition to the submittal requirements of the primary application, requests for Minor Adjustments shall include a narrative clearly identifying each applicable standard from which an adjustment is requested, citing the reasons for the request, and addressing compliance with the approval criteria in Subsection C below, and any standard-specific criteria listed in Section 12.80.158 if applicable.
C.
Approval
Criteria. To approve a Minor Adjustment, the Review Authority shall
make additional findings of fact, based on evidence provided by the
applicant, that all of the following criteria are satisfied:
1.
Except
for Adjustments subject to Subsection 12.80.158.K, the Adjustment
is for 10% or less of a numeric or dimensional standard. "Dimensional
standard" in this context does not include minimum or maximum residential
density;
2.
Granting
the requested Adjustment will not obstruct on-or off-site pedestrian
or vehicular movement;
3.
City-designated
significant natural or cultural resources, if present, will be preserved
if the Adjustment is approved;
4.
The
development will remain consistent with the overall purpose of the
base zone after the Adjustment or the combined Adjustments if more
than 1 is proposed;
5.
Except
for Adjustments subject to Subsection 12.80.158.K, any Adjustment
granted is the minimum necessary to permit a reasonable use of land,
buildings and structures;
6.
The request for the Adjustment includes building, structure, or site design features, such as the public benefit standards in Section 12.50.900 or the habitat friendly practices in Section 12.50.930, that compensate for the requested Adjustment or better meet the purpose of the standard being adjusted;
8.
The
Minor Adjustment is not a response to special conditions over which
the applicant has no control, which would be more appropriately addressed
under a Variance procedure;
9.
The
applicable standard from which the adjustment is requested is not
listed as a Standard not Subject to Variance or Adjustment in Subsection
12.80.150.D; and
10.
The cumulative number of Minor Adjustment requests complies with
the maximum number of Minor Adjustments allowed under Subsection 12.80.150.C.
(Ord. 6110 § 12, 2015; Ord. 6120 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6437 §1, 2023)
A.
Procedure.
A request for a Major Adjustment may be submitted only as part of
a Planned Unit Development or a Type III Development Review application,
and shall be reviewed as part of the Type III application.
B.
Submittal Requirements. In addition to the submittal requirements of the primary application, requests for Major Adjustments shall include a narrative clearly identifying each applicable standard from which an adjustment is requested, citing the reasons for the request, and addressing compliance with the general approval criteria in Subsection C, and the standard specific criteria in Section 12.80.158 if applicable. Major Adjustments shall also be clearly identified on all plans in the primary application.
C.
Approval
Criteria. To approve a Major Adjustment, the Review Authority shall
make additional findings of fact, based on evidence provided, that
all of the following criteria are satisfied:
1.
Granting
the requested Adjustment will not obstruct on-or off-site pedestrian
or vehicular movement;
2.
City-designated
significant natural or cultural resources, if present, will be preserved
if the Adjustment is approved;
3.
The
development will remain consistent with the overall purpose of the
base zone after the Adjustment or the combined Adjustments if more
than 1 is proposed;
4.
The request for the Adjustment includes building, structure, or site design features, such as the public benefit standards in Section 12.50.900 or the habitat friendly practices in Section 12.50.930, that compensate for the requested Adjustment or better meet the purpose of the standard being adjusted;
5.
The Adjustment complies with any applicable additional standard-specific criteria in Section 12.80.158;
6.
The
Major Adjustment is not a response to special conditions over which
the applicant has no control, which would be more appropriately addressed
under a Variance procedure; and
7.
The
applicable standard from which the adjustment is requested is not
listed as a Standard not Subject to Variance or Adjustment in Subsection
12.80.150.D.
(Ord. 6110 § 12, 2015; Ord. 6120 § 1, 2015; Ord. 6178 § 1, 2016; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6437 § 1, 2023)
In addition to the criteria listed in Subsection 12.80.154.C
or 12.80.156.C, applications for Variances or Adjustments from the
standards listed below shall comply with standard-specific criteria
listed below as applicable:
A.
Criteria
for Adjustments to Increase Residential Density. An increase up to
120% of the maximum density of the underlying base zone may be allowed
if all of the following criteria are met:
2.
Existing
and proposed streets and pedestrian/bicycle accessways within and
connecting to the development will support the proposed density;
3.
Existing
and proposed water, sanitary sewer and storm drainage systems within
and connecting to the development will support the proposed density;
4.
The
development demonstrates innovative site design, outstanding architectural
variety, and quality of construction which will mitigate the increased
density;
5.
The
additional density will be located to minimize the visual impact on
adjacent properties;
6.
The
increased density does not impact significant natural resource areas
or necessitate unnecessary topographic alterations;
7.
The
increased density will be mitigated by providing exceptional quality
or quantity of usable open space and other amenities, especially active
recreational areas; and
B.
Criteria
for Adjustments to Building Setback Requirements. Building setbacks
may be reduced or increased below or above the minimum and maximum
setbacks of the underlying base zone if the following criteria are
met:
1.
The
requested adjustment has been verified compliant with building codes
by the Building Official;
2.
The
requested adjustment will not adversely affect adjoining properties
in terms of light, air circulation, noise levels, privacy, and fire
hazard; and
3.
The
requested adjustment provides at least 1 of the following:
4.
Building
is located outside of the influence area of an intersection identified
in Figure 12.65.910.E as requiring special setbacks for accommodation
of future transportation growth.
C.
Criteria for Adjustments to Maximum Setbacks. In addition to the criteria in Subsection B above, setbacks greater than the specified maximum of the base zone may be approved if the Review Authority finds that:
D.
Criteria
for Adjustments to Maximum Building Height. Building height may be
increased above the maximum height of the underlying base zone if
the following criteria are met:
1.
The
transportation system can accommodate any increased traffic resulting
from additional floor area created by the additional building height;
2.
Adequate
public utilities are available to serve additional floor area created
by the additional building height;
3.
The
proposal complies with Federal Aviation Regulations Part 77; and
4.
The
current level of solar access is maintained to existing solar energy
devices on adjacent property.
E.
Criteria
for Adjustments to Required Open Space. Usable open space area for
developments other than single detached residential may be reduced
below the minimum development standard if the following criteria are
met:
1.
The
development is within one-half mile (measured in actual walking distance)
of a publicly accessible active open space area such as a public park
or elementary school; or
2.
The
Review Authority finds that usable open space compliant with the area
standards of Table 12.50.210-1 cannot be located within the development
consistent with the Locational standards in Subsection 12.50.210.G;
or
3.
The
Review Authority finds that usable open space compliant with the area
standards of Table 12.50.210-1 cannot be located within the development
consistent with the Maintenance and Minimum Area standards in Subsection
12.50.210.I.
F.
Criteria for Adjustments to Lighting Level Standards. Lighting level standards in Section 12.50.240 may be adjusted if the applicant demonstrates that application of the standard is inappropriate due to the specific circumstances of the development. Such circumstances may include, but are not limited to, the following:
G.
Criteria for Adjustments to Reduce Number of Parking Spaces Provided. The number of parking spaces provided may be reduced below the minimum standards in Section 12.50.320, provided that the following standards are met:
1.
Reduced
Parking Adjustment for Off-set Peak Hour Uses. Parking may be shared
by 2 or more uses where:
a.
The peak hours of parking need for 2 or more of the land uses are
complementary and do not overlap;
b.
The shared parking field is within 500 feet of all uses sharing the
parking;
c.
Access to the shared parking is not blocked or impeded by the sharing
uses or any other use; and
d.
The location and terms of the shared parking are specified in a written
agreement acceptable to the City, signed and notarized by all affected
property owners and filed with the Planning Department.
2.
Reduced
Parking Adjustment for Concurrent Peak Hour Uses. On-site parking
may be shared by 2 or more uses with concurrent peak hour usage if
the following standards are met:
a.
The uses, structures or lots are located within 800 feet of a transit
stop;
b.
The owners have provided a parking demand study which substantiates
the basis for the parking reduction. The parking demand study shall
be prepared by a qualified parking or traffic consultant, civil engineer,
licensed architect or urban planner, and shall include, at a minimum,
the following:
i.
Size and type of uses or activities on site,
ii.
Composition of tenancy on site,
iii.
Rate of parking turnover,
iv.
Peak traffic and parking loads to be encountered,
v.
Local parking habits including proximity and convenience factors,
vi.
Availability of public transportation, and
vii.
The parking study supports the finding that the off-street parking
provided will be sufficient to serve the uses for which it is intended;
c.
The location and terms of the shared parking are specified in a written
deed, lease or contract acceptable to the City, signed and notarized
by all affected property owners and filed with the Planning Department;
and
d.
Transportation demand management techniques will be used on the site.
Such techniques may include but are not limited to, employee carpooling
or vanpooling, dedicated valet parking, increased bicycle parking
facilities, provision of subsidized or discounted transit passes to
employees, and rideshare promotions.
3.
Shared
Off-Site Parking. Concurrent peak hour non-residential uses may share
off-site parking if the shared parking is located within 800 feet
of the uses. Shared parking located off-site shall be signed for exclusive
use by the remote development and shall be a legal requirement for
occupancy of the development.
4.
Reductions
for Bicycle Parking. Applications for change of use or expansion of
existing uses which include 20 or more existing off-street vehicle
parking spaces may convert up to 5% of the existing vehicle spaces
to bicycle parking to accommodate required bicycle parking.
5.
Reductions for Certain Industrial Uses. Minimum parking for high profile industrial buildings or information technology centers as defined in Section 12.01.500 may be reduced by up to 50% if the applicant provides documentation of actual reduced parking demand at similar facilities. This documentation shall be provided to the Planning Director during Development Review.
6.
Reductions
for Shared Carpool and Vanpool Spaces. Minimum parking for non-residential
uses may be reduced by 4 spaces for each automobile space signed and
reserved for use by shared cars and by 8 spaces for each automobile
space signed and reserved for use by vanpool services. If this reduction
is used, the property owner is responsible for ensuring that the shared
car and van pool spaces are not occupied by other vehicles.
7.
Other
Reductions. Off-street parking for other uses may be reduced up to
30% below the required minimum standard during the Development Review
process if an applicant provides a parking study prepared by a traffic
engineer licensed in Oregon, which demonstrates that transit use and/or
special characteristics of the customers, clients, employees or residents
of the development will:
H.
Criteria for Adjustments to Increase Number of Parking Spaces Provided. The number of off-street parking spaces provided may be increased above the maximum standards in Section 12.50.320 if the following criteria are met:
1.
Within
Structured Parking. Within Zone A, off-street parking may be increased
by up to 150% of the maximum standards in Tables 12.50.320-1 through
12.50.320-5 if the additional spaces are provided in structured parking
and will be used by 2 or more uses. One hundred percent of the required
bicycle parking shall be located at ground level or on the ground
floor of the structure.
2.
For
High Intensity Uses.
a.
Within a light rail or mixed-use zone, off-street parking may be
increased above the maximum standards allowed in Tables 12.50.320-1
through 12.50.320-5 if the land use application includes documentation
that the proposed use will be more intense than the "target densities"
specified in Comprehensive Plan Section 24. These target densities
are:
b.
If the documentation verifies that the proposed use will be more
intense than the "target" densities pursuant to Paragraph i above,
additional parking may be provided above the maximum standard at the
same numeric ratio as the proposed density to the target density.
3.
For
Industrial Uses on Shifts. Maximum parking for industrial developments
may be exceeded by up to 50% for process uses with equal numbers of
employees on 2 or more shifts.
4.
For
Nearby Secondary Uses. Surface parking lots or structures may provide
off-site parking in excess of the maximum required, if the Planning
Director finds, based on documentation provided by the applicant,
that the following 2 conditions are satisfied:
5.
As
Required by the City Engineer. The City Engineer may require additional
off-street parking above the maximum specified in Tables 12.50.320-1
through 12.50.320-5 if the City Engineer determines it necessary to
avoid adverse impacts to traffic flow on surrounding streets.
I.
Criteria for Adjustments to Number of Bicycle Parking Spaces. The number of bicycle parking spaces provided may be adjusted from the standards in Section 12.50.410 if the following criteria are met:
J.
Criteria
for Adjustments to Pedestrian/Bicycle Accessway Requirements. The
pedestrian and bicycle accessway standards in Subsection 12.50.430.B
may be adjusted if the following criteria are met:
1.
Federal,
State or other agency requirements prevent construction of the required
accessway;
2.
Physical
or topographic conditions (such as steep slopes, wetlands or other
bodies of water, freeways, or railroads) make the required accessway
connection impracticable;
3.
The
accessway would cross an area affected by an overlay district in a
manner incompatible with the purposes of the overlay district;
4.
Buildings
or other existing development on adjacent properties physically preclude
a connection at present or in the future upon redevelopment of the
adjacent property;
5.
The
accessway would terminate at the urban growth boundary; and/or
6.
The
accessway would violate provisions of leases, easements, covenants,
restrictions or other agreements existing as of May 1, 1995 which
preclude a required accessway connection.
K.
Criteria for Adjustments to Utility Undergrounding Requirements. The requirements for undergrounding electric power lines and co-located communication lines and service connections to on-site development in Section 12.50.625 may be adjusted, and aerial utility services (electricity, telephone, cable, etc.) may be installed or retained when either criteria 1 or 2 is met and criterion 3 is met:
1.
The
development is an in-fill building or dwelling within an existing
neighborhood where existing utility service is provided aerially rather
than underground and the electric power lines serving both abutting
sites on the same block face are currently located above ground;
2.
The City finds that undergrounding the electric power lines and co-located communications lines in compliance with Section 12.50.625 would conflict with significant existing underground utilities.
3.
If an Adjustment is granted, the applicant shall pay a FIL of undergrounding the electric power lines and co-located communication lines as required by Section 12.50.625. Payment of this fee shall be considered sufficient compensation for the impacts of the Adjustment to address Subsection 12.80.154.C.6 or 12.80.156.C.4 (as applicable).
L.
Criterion for Adjustments to Building Entrance Requirements. Where the standards in Subparagraph 12.50.430.E.1.b or Section 12.50.820 require more than 1 building entrance to be oriented to the street, an adjustment may be granted to allow a single secured entrance to a building upon a finding that the internal security measures which are standard operating procedures of the building would be irreparably harmed by this requirement.
M.
Criteria for Adjustments to Ground Floor Window Transparency Requirements. Where the Ground Floor Windows standards in Section 12.50.830 require ground floor window transparency, an adjustment may be granted to allow opaque windows if the following criteria are met:
1.
Opaque
windows or walls are necessary to avoid compromising necessary personal
privacy or security within the building (i.e., privacy in a medical
examination room or security in a pharmacy storeroom);
2.
Structural
designs or other demonstrable restrictions or constraints preclude
alternative means of providing the required personal privacy or security;
and
3.
The
reduced ground floor transparent window area cannot be replaced elsewhere
on the façade.
N.
Criteria for Adjustments to Block Length and Orientation Requirements. The block length and orientation standards in Section 12.65.520 may be adjusted if the following criteria are met:
1.
Federal,
State or other agency requirements prevent compliance with the block
length and orientation requirements;
2.
Arterial
or collector street alignment and spacing requirements necessitate
adjustment from the block orientation and length standards;
3.
Physical
or topographic conditions (such as steep slopes, wetlands or other
bodies of water, aerial transmission lines, or railroads) make the
required block length and orientation requirements impracticable;
4.
Location
of parks, schools or other major public facilities necessitate adjustment
from the block orientation and length standards; or
5.
The
block length and orientation requirements would affect an overlay
zone in a manner incompatible with the purposes of the overlay zone;
and
6.
If
the adjustment requested under Paragraphs 1 through 5 above would
decrease solar access or orientation, the applicant shall demonstrate
that the adjustment improves block/grid pattern continuity and connectivity.
O.
Criteria for Adjustments to Solar Access and Lot Orientation Requirements within South Hillsboro. The lot orientation standards in Section 12.65.270 may be adjusted if the following criteria are met:
1.
The
Review Authority approves an alternative design proposal that demonstrates
passive or active solar access and better achieves the policy intent
for solar access;
2.
Federal,
State or other agency requirements prevent compliance with the lot
orientation requirements; or
3.
Physical
or topographic conditions (such as steep slopes, wetlands or other
bodies of water, aerial transmission lines, or railroads) make the
required lot orientation requirements impracticable; or
4.
Location
of parks, schools or other major public facilities necessitate adjustment
from the lot orientation standards; or
5.
The
lot orientation requirements would affect an overlay zone in a manner
incompatible with the purposes of the overlay zone; or
6.
Arterial
or collector street alignment and spacing requirements necessitate
adjustment from the lot orientation requirements; and
7.
If
the adjustment requested under Paragraphs 1 through 6 above would
decrease solar access or orientation, the applicant shall demonstrate
that the adjustment retains overall block/grid pattern continuity
and connectivity.
(Ord. 6110 § 12, 2015; Ord. 6193 § 1, 2016; Ord. 6250 § 1, 2017; Ord. 6322 § 1, 2019; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022; Ord. 6437 § 1, 2023)
A.
Purpose. Sections 12.80.160 through 12.80.168 establish regulations, procedures, and standards for consideration of legislative and quasi-judicial applications to amend the zoning map and Comprehensive Plan map and text. Such amendments may be necessary to reflect changing community conditions, needs and desires, to fulfill regional obligations, or to address changes in State law.
B.
Applicability.
These zoning and Comprehensive Plan amendment regulations apply to
all applications for a Zone Change or Comprehensive Plan Amendments.
C.
Application Types. There are 4 types of applications under this section: Comprehensive Plan Map Amendment; Comprehensive Plan Minor Text Amendment; Comprehensive Plan Major Amendment; and Zone Change. As described in Section 12.80.166, there are 2 subtypes of Comprehensive Plan Major Amendment: (1) significant changes to the Plan; and (2) Plan revisions.
(Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)
A.
Purpose.
A Comprehensive Plan Map Amendment application provides a process
to consider a proposed quasi-judicial, site-specific amendment to
the Comprehensive Plan Map. The Comprehensive Plan Map Amendment process
may also be used to apply new Comprehensive Plan Map designations
that reflect changing community conditions, needs, and desires.
B.
Exceptions. As used in this Section 12.80.162, the term "Comprehensive Plan Map Amendment" does not include and the procedures of this Subsection do not apply to any of the Comprehensive Plan amendments listed in Sections 12.80.164 and 12.80.166, nor to any City Functional Plan as defined in Section 12.01.500.
C.
Procedure. A Comprehensive Plan Map Amendment application is reviewed using the Type III procedure described in Section 12.70.050. Public hearings on Comprehensive Plan Map Amendments shall be held before the Planning Commission.
1.
A
Comprehensive Plan Map Amendment application may be submitted by a
property owner(s), a person(s) purchasing property under contract,
or a person(s) who has the written consent of the property owner.
2.
A
Comprehensive Plan Map Amendment application may be initiated by the
Planning Commission or the City Council.
D.
Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050. More specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an owner-initiated application for a Comprehensive Plan Map Amendment shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
narrative addressing compliance with each approval criterion; and
E.
Approval
Criteria. To approve a Comprehensive Plan Map Amendment, the Review
Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
1.
The
property is better suited for the proposed uses rather than the uses
for which the property is currently designated by the Plan;
2.
A
need exists for the proposed Plan Map designation that is not already
met by existing Plan Map designations in the general area;
3.
The
proposed designation is consistent with relevant goals and policies
of the Hillsboro Comprehensive Plan;
4.
For
a City-initiated application:
a.
The land use on the subject property has changed substantially since
the adoption of the Plan Map designation, and is inconsistent with
the current Plan Map designation;
b.
The subject property has passed from public ownership and use to
private ownership and use, or the reverse; or
c.
The current Plan Map designation on the subject property is inconsistent
with the surrounding properties, based on earlier Plan map changes,
and development of the subject property under the implementing zone
of the Plan Map designation would have substantial adverse effects
on the surrounding properties; and
5.
For
changes to the Mixed-Use (MU) designation:
6.
Pursuant to Section 12.70.230, the Transportation Planning Rule Compliance analysis demonstrates that traffic impacts can be reasonably mitigated at the time of development. As an alternative to providing a Transportation Planning Rule Compliance analysis, the applicant may provide evidence that the potential traffic impacts from development under the proposed designation are no greater than potential impacts from development under the existing designation.
F.
Conditions
of Approval. Approval of a Comprehensive Plan Map Amendment application
cannot be conditioned by the City.
(Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)
A.
Purpose.
A Comprehensive Plan Minor Text Amendment application provides a process
to consider small-scale legislative amendments to the text of the
Comprehensive Plan whenever the evidence of the need for such a revision
is documented, and the amendment does not have significant effect
beyond an immediate site or area. Such amendments may be necessary
to reflect changing community conditions, needs, and desires; to fulfill
regional obligations; or to address changes in State law. A Comprehensive
Plan Minor Text Amendment is distinguished from a Comprehensive Plan
Major Amendment by the scale and scope of the amendment and geography
affected.
C.
Procedure. A Comprehensive Plan Minor Text Amendment application is reviewed using the Type IV procedure described in Section 12.70.060. However, the Planning Director is authorized to make nonsubstantive typographical, grammatical and cross-referencing corrections to the Comprehensive Plan as needed without initiating the Comprehensive Plan Minor Text Amendment process.
1.
A
Comprehensive Plan Minor Text Amendment application may be initiated
by the Planning Commission or the City Council. Public hearings on
City-initiated Comprehensive Plan Minor Text Amendment shall be held
before the Planning Commission.
D.
Approval
Criteria. To approve a Comprehensive Plan Minor Text Amendment, the
Review Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
E.
Conditions
of Approval. Approval of a Comprehensive Plan Minor Text Amendment
application cannot be conditioned by the City.
(Ord. 6250 § 1, 2017; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose.
A Comprehensive Plan Major Amendment application provides for a significant
change or revision to the Comprehensive Plan text or map and is initiated
by the City Council or Planning Commission.
B.
Major
Amendment-Significant Change. The City Council or Planning Commission
are authorized to initiate a Comprehensive Plan Major Amendment that
proposes a significant change to the Plan. A "significant change"
is one that amends or refines both the Plan text and map, affects
a large geographic area and is likely to have significant environmental,
energy, economic and social consequences. A significant change includes
but is not limited to Plan amendments that incorporate community plans
as part of the Comprehensive Plan or incorporate portions of a public
facility plan as part of the Comprehensive Plan in accordance with
State statute and regulations implementing Statewide Planning Goal
11.
1.
Public Facility Plan. A Public Facility Plan, defined in Section 12.01.500, may include plans created by City or other agencies for water systems, sewer systems, schools, streets and roadways, public airports, public transit and public transportation, and other public facility or utilities systems or services. Those portions of a Public Facility Plan required to be included in the Comprehensive Plan shall be adopted by ordinance as a major plan amendment to the Comprehensive Plan Text or Map, as applicable.
2.
Community Plan. A Community Plan, defined in Section 12.01.500, may contain a map, policy statements, and recommendations relating to development densities, public facility and utility improvements, and the arrangement of land uses to guide future land use decisions and implementing measures for a specific geographic area. An area-specific refinement plan must be consistent with the Statewide Planning Goals and the Comprehensive Plan.
C.
Major
Amendment-Plan Revision. The City Council is authorized to initiate
a Comprehensive Plan Major Amendment to propose a Plan Revision. A
"Plan Revision" means a revision(s) to the entire Comprehensive Plan
text or map initiated; (1) under a Periodic Review Program pursuant
to ORS 197.628; (2) to implement an adopted Regional Framework Plan
or Metro Functional Plan; or (3) as part of a comprehensive evaluation
of the Comprehensive Plan.
E.
Procedure. A Comprehensive Plan Major Amendment application is reviewed using the Type IV procedure described in Section 12.70.060.
1.
A
Comprehensive Plan Major Amendment-Significant Change may be initiated
by the Planning Commission or the City Council. A public hearing shall
be held before the Planning Commission. The City Council may choose
to hold a hearing on the application, pursuant to Subsection 12.70.060.J.
2.
A
Comprehensive Plan Major Amendment-Plan Revision may be initiated
by the City Council. Public hearings shall be held before both the
Planning Commission and the City Council.
3.
A
Public Communications and Engagement Plan is required for a Comprehensive
Plan Major Amendment application, pursuant to Subsection 12.70.062.B.
F.
Approval
Criteria. To approve a Comprehensive Plan Major Amendment, the Review
Authority shall make findings of fact, based on evidence provided,
that the following criteria are satisfied:
1.
The
amendment or revision is in the City's best interest.
2.
A
factual basis has been documented, establishing the public need for
the amendment.
3.
All
applicable provisions of the adopted Public Communications and Engagement
Plan have been satisfied pursuant to Subsection 12.70.062.C.
4.
Except
for project timing and financing provisions, the Public Facility Plan
or Community Plan is consistent with Statewide Planning Goals and
with the Comprehensive Plan.
5.
The
Public Facility Plan complies with applicable State statutes and regulations
that regulate those portions of a public facility plan that are required
to be included in the Comprehensive Plan.
6.
The
proposed changes reflect the factual basis established in the adopted
Comprehensive Plan's technical framework or implementing plans as
they are updated and amended over time.
7.
The
proposed changes support the intent of applicable goals and policies
in the Comprehensive Plan.
8.
The
proposed changes are equally or more supportive of the Comprehensive
Plan and its components taken together as a whole than the existing
language or designation.
G.
Conditions
of Approval. Approval of a Comprehensive Plan Major Amendment application
cannot be conditioned by the City.
(Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose.
Zone Change (ZC) applications provide a process for consideration
of quasi-judicial amendments to the zoning map to implement property
designations on the Comprehensive Plan Land Use Map. The Zone Change
also provides a process for consideration of legislative amendments
to the zoning map to apply new zones reflecting changing community
conditions, needs, and desires.
B.
Exceptions.
The term "Zone Change" shall not include, and the Zone Change procedure
shall not apply to, any of the revisions listed in Subsection 12.01.200.C.
C.
Procedure. Zone Change applications are reviewed through the Type III procedure, as described in Section 12.70.050 except that a city-initiated Zone Change processed concurrently with a City-initiated Text Amendment is reviewed through the Type IV procedure, as described in Section 12.70.060.
1.
A
Zone Change application may be submitted by a property owner or the
owner's authorized agent. The public hearings on an owner-initiated
Zone Change shall be held before the Planning and Zoning Hearings
Board.
2.
A
city-initiated Zone Change process may be initiated by the Planning
Commission or the City Council. Public hearings on city-initiated
Zone Changes shall be held before the Planning Commission, except
as provided in paragraph 3 below. A city-initiated Zone Change proposal
may be processed concurrently with a City-initiated Type IV Text Amendment
proposal.
3.
The
public hearing for a Zone Change initiated by the Planning Commission
in conjunction with an Annexation application pursuant to Subsection
12.80.010.D shall be held before the City Council.
D.
Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050. Type IV application submittal requirements are set forth in Section 12.70.060. More specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, an owner-initiated application for a Zone Change shall include the following:
1.
An
application form signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of submittal;
3.
A
narrative addressing compliance with each approval criterion;
E.
Approval
Criteria. To approve a Zone Change, the Review Authority shall make
findings of fact, based on evidence provided, that the following criteria
are satisfied:
1.
The
proposed zone implements and is consistent with the Comprehensive
Plan Land Use Map designation for the site. A zone change to a zone
not consistent with the Comprehensive Plan Map designation cannot
be approved prior to approval of an amendment to the Comprehensive
Plan Land Use Map to change the designation to one which is implemented
by the requested zone;
2.
Where
the Comprehensive Plan Map designation has more than one implementing
zone, the proposed zone is the most appropriate for the subject site,
based on the purposes of each zone and the zoning pattern of surrounding
land;
3.
Existing
or planned transportation facilities are adequate or can be made available
to an adequate capacity to serve the site and uses allowed by the
proposed zone;
4.
Existing
or planned public infrastructure services (water, wastewater, stormwater,
police and fire protection) are adequate or can be made available
to an adequate capacity to serve the site and uses allowed by the
proposed zone;
5.
Pursuant to Section 12.70.230, the Transportation Planning Rule Compliance analysis demonstrates that traffic impacts can be reasonably mitigated at the time of development. As an alternative to providing a Transportation Planning Rule Compliance analysis, the applicant may provide evidence that the potential traffic impacts from development under the proposed zoning are no greater than potential impacts from development under existing zoning;
6.
Any
potential impacts on any designated significant natural resources,
cultural resources or areas within the 100-year floodplain as a result
of the proposed Zone Change are minimal or can be reasonably mitigated
at the time of development;
7.
Within the South Hillsboro Plan District (if applicable), the requested zone is consistent with the applicable executed annexation agreement consistent with Section 12.65.040; and
8.
For
a parcel with an existing Comprehensive Plan Map designation of Industrial
that is located adjacent to an area with an existing Residential or
Mixed Use Comprehensive Plan Map designation, the proposed zone minimizes
conflicts between industrial and residential land uses, considering
such factors as permitted uses and development standards.
F.
Conditions of Approval. The Planning and Zoning Hearings Board or the City Council may impose conditions on the approval of a Zone Change as set forth in Section 12.70.120 to ensure compliance with the approval criteria. In order to impose conditions on a Zone Change, the Review Authority must adopt findings showing that:
1.
The
Zone Change will allow uses more intensive than those allowed in the
current zone;
2.
The
conditions are reasonably related to impacts caused by development
allowed in the proposed zone or to impacts caused by the specific
development proposed on the subject property;
3.
The
conditions will serve a public purpose such as mitigating the negative
impacts of allowed uses on adjacent properties;
4.
The
conditions are based upon policies or standards in the Comprehensive
Plan or other standards adopted by the City of Hillsboro; and
5.
Within
the South Hillsboro Plan District (if applicable), the applicant requested
Zone Change will be less intensive than the minimum density allowed
by existing City zoning and results in a reduction in planned transportation
financing revenue from the levels assumed in the adopted South Hillsboro
Transportation Financing Program and Methodology Report.
(Ord. 6110 § 13, 2015; Ord. 6250 § 1, 2017; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)
A.
Purpose. Zoning Review is intended to ensure that the clear and objective standards of the CDC are met for housing described in subsection B, below.
B.
Applicability.
Approval of a Zoning Review application is required for development
of new single detached dwellings, ADUs, and middle housing units on
existing lots, except when the development meets the thresholds for
Type II Development Review.
C.
Procedure. Zoning Review applications are subject to the Alternative Review Procedures as described in Section 12.70.025 and is completed using the clear and objective Zoning Review application and checklist.
D.
Submittal
Requirements. Applications for Zoning Review shall, at a minimum,
include the following:
1.
An
application form, signed by the applicant or applicant's representative
and the property owner or owner's representative;
2.
Payment
in full of the appropriate application fee, based on the fee schedule
in effect on the date of the submittal; and
3.
Completed
checklist and preliminary plans and elevations confirming compliance
with design requirements.
E.
Approval
Criteria. Zoning Reviews shall be approved when the follow criteria
are met:
1.
The
proposal complies with all of the development standards of the base
zone;
2.
The
proposal complies with any applicable provisions of Subchapter 12.27.
Proposals which require a Floodplain Activity approval, Significant
Natural Resource Permit, or Cultural Resources Alteration approval
must obtain those approvals prior to submitting an application for
a Zoning Review;
3.
4.
The
proposal complies with any applicable plan district standards in Subchapter
12.60;
5.
For
triplexes, quadplexes, townhouses and cottage cluster developments,
the applicant must provide plans or service provider letters demonstrating
that sufficient infrastructure as defined in Subchapter 12.01 is available
or can be made available prior to occupancy.
F.
Conditions
of Approval. Zoning Reviews are subject to conditions of approval.
G.
Appeal
of a Decision. Refer to Subsection 12.70.025.E.7.
I.
Extension
of a Decision. Zoning Reviews are not subject to extension.
(Ord. 6401 § 1, 2022)
A.
Purpose.
Non-Temporary Emergency Shelter Review is intended to ensure that
the clear and objective standards of the CDC are met for new non-temporary
emergency shelters as described in Subsection 12.40.107.D. The Non-Temporary
Emergency Shelter Review is intended to ensure a project proposal
meets the basic requirements of the CDC before the City authorizes
the Building Official to issue a building permit.
B.
Applicability.
Approval of a Non-Temporary Emergency Shelter Review application is
required for development of new non-temporary emergency shelters meeting
the characteristics found in Subsection 12.40.107.D.3.
C.
Procedure
and Submittal Requirements. Non-Temporary Emergency Shelter Review
is completed using the clear and objective Non-Temporary Emergency
Shelter Review application and checklist.
D.
Approval
Criteria. Non-Temporary Emergency Shelter Reviews shall be approved
when the proposal complies with all of the following:
1.
The
development standards of the base zone;
2.
Any
applicable provisions of Subchapter 12.27. Proposals which require
a Floodplain Activity approval, Significant Natural Resource Permit,
or Cultural Resources Alteration approval must obtain those approvals
prior to submitting an application for a Non-Temporary Emergency Shelter
Review;
3.
Special
use standards of Subsection 12.40.107.D;
4.
Any
applicable development standards in Subchapter 12.50; and
5.
Any
applicable plan district standards in Subchapter 12.60.
E.
Conditions
of Approval. Non-Temporary Emergency Shelter Reviews are subject to
conditions of approval.
H.
Extension
of a Decision. Non-Temporary Emergency Shelter Review are not subject
to extension.
(Ord. 6401 § 1, 2022)
