HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 136: Station Community Planning Areas (SCPA)

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 137:  Development Regulations

For Station Community Planning Areas

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 138: General Design Standards

For Station Community Planning Areas

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 139: Downtown Station Community Planning Area

Supplemental Development and Design Standards

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 140: Orenco Station Community Planning Area

Development Regulation and Design Standards

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 141: 185th /Quatama Station Community Planning Area

Supplemental Development and Design Standards

HILLSBORO ZONING ORDINANCE No. 1945

Volume II,  Sections 136 through 142
TABLE OF CONTENTS

Section 142: Hawthorn Farm/Fair Complex

Station Community Planning Area Supplemental Standards

Section 137: DEVELOPMENT REGULATIONS FOR STATION COMMUNITY PLANNING AREAS

V. MINIMUM AND MAXIMUM RESIDENTIAL DENSITIES, AND ANCILLARY DWELLING UNITS

A. Purpose

Identifying minimum and maximum residential density assists in achieving desired intensities of residential development and encouraging increased use of light rail transit by establishing development parameters within which the market may operate for particular housing types.   Maximum densities also help ensure the number of dwelling units per net acre can match the availability of public services.   Ancillary dwelling units provide a means of increasing residential densities in areas where single family dwellings or duplexes already exist, as well as in newly developed single family and duplex areas.   They also allow for a housing option which is convenient and practical for owners of existing single family dwellings in neighborhoods where it is not economically feasible to redevelop the property to more intensive use.   The size and placement of ancillary dwelling units must be regulated in order to maintain compatibility with adjacent uses . , and to prevent units of such size and value that they work to impede redevelopment and conversion of single family residential properties to more intensive uses.   (Amended by Ord. No. 4930/7-00.)

B. Standards

1. See Table 1 of this Section.

2. Each project shall meet minimum residential density requirements.   Ancillary dwelling units are included for purposes of determining minimum density requirements in new development projects, but in an in-fill situation ancillary dwellings shall not be precluded due solely to maximum density provisions of any district.   Dwelling units shall qualify for density calculation purposes regardless of whether owner or renter occupied.

3. Notwithstanding the minimum residential density requirements of this Section, one or more dwelling units may be constructed on an existing, serviced lot of record upon the effective date of this Ordinance within a residential district, in compliance with Implementation Measure (N) of the Housing element of Comprehensive Plan Ordinance NO. 2793, provided that the design and siting of the dwelling unit or units would allow future development of the remainder of the parcel to at least the minimum density requirement of the applicable SCPA district in which it is located without necessitating demolition or redevelopment of the unit or units so constructed.   (Amended by Ord. No. 4930/7-00.)

4. For the purpose of calculating minimum residential density, development proposals may include a reduction in the net acreage on a partic ular site containing driplines of existing mature trees as defined in Section 136 (XIII) (B) (3). The net acreage on such a parcel may be reduced by subtracting the area within the dripline of the mature trees.   However, in no case shall the net acreage subtracted within the dripline exceed 35% of the original net acreage of the site. If a development proposes a reduction in net acreage for the purpose of retaining existing mature trees, the development application shall include a certified arborist's report and tree preservation plan. The approval of the development may be conditioned upon implementation of the recommendations for tree preservation measures. (Added by Ord. No. 4930/7-00.)

5. Residential density within an SCR-V project is determined based on the amount of net developable acres within three distance categories as measured from the light rail station site:

1,300 feet or les:              24 dwelling units per net acre

1,301 feet - 2,599 feet:    15 dwelling units per net acre

2,600 feet or more:          7 dwelling units per net acre

 

6. Residential density requirements within an SCR-V project are calculated first, without any deductions or exclusions for other types of uses. Net acreage within each of the categories is multiplied by the required residential density to determine (1) the total required residential dwellings and (2) the average residential density per net acre of the project.   Once the total dwelling units required for the project is determined, housing types and built density may vary within the residential village project regardless of distance to the station provided the overall residential density requirement of the project is achieved and at least fifty percent (50%) of net acreage of a project is used for residential development.   An additional twenty percent (20%) of the net acreage may be used for mixed use commercial/residential buildings.

 

7. No phase of a SCR-V project shall be permitted to develop below the per acre average residential minimum density unless:   (1) it is the first phase of the development, consisting of no more than ten percent (10%) of the total project; (2) is a phase, when combined with those phases already constructed, achieves the minimum average density requirement of the district; or (3) the approved Concept Development Plan is amended to indicate where the proposed reduction in density will be made up through increased density in another phase of the project.   The project shall not depend on redevelopment of early phases to achieve overall minimum density requirements.

 

As an alternative to the phasing provisions of the paragraph above, an individual phase of a project shall be permitted to develop below the required minimum residential density upon a demonstration through covenants applied to the remainder of the site or project, or other binding legal mechanism, that the required density for the project will be achieved at project buildout.   The increased density allocated to any future phase through such a transfer mechanism shall not increase the previously allocated density   of the subsequent phase by more than ten percent (10%).   The Planning Commission, as a condition of Concept Development Plan approval, may limit the number and total amount of such transfers.

 

8. Notwithstanding any other provision of this subsection, the minimum density of residential structures constructed within a Station Community Residential District on   properties within Review Area 6, as identified in Figure 7 and in Table 5 of the Hillsboro Airport Compatibility Study (May 1993), shall not be less than 7 dwelling units per net acre and the maximum density shall not exceed 12 dwelling units per net acre.

 

9. Where proposed residential uses within a district may be incompatible with an adjacent industrial district created by this Ordinance or an industrial use existing prior to the effective date of this Ordinance or prior to any land use action permitting residential development on an affected parcel, the Planning Commission may establish a non-residential buffer of up to 400 feet within the residential district from the property line of the industry.   Such a buffer shall be shown on the zoning map for that district.   Non-residential buffers under this provision shall be used as open space or contain any nonresidential uses permitted in the district.   The minimum required FAR in such an instance shall be 0.35.   If the buffer /open space exceeds the calculated amount of usable open space required of the development project, and if such excess open space causes a development project to fail to meet the residential density requirements of the district, then the excess open space shall be deducted from the net acreage.

 

10. (Deleted by Ord. No. 5973/7-11.)

 

11. Where a project in the Orenco SCPA includes or abuts the SCR-OTC the density, development and design standards contained in Section 138.XIII and Section 140 shall apply.

 

12. Except where a proposed residential or mixed use project is part of a phased or on-going development under the same or related ownership, residential development within a SCR-HD, SCR-MD, SCR-LD or SCR-V District located adjacent to a neighborhood of single family detached houses located in a subdivision or development platted before the effective date of the Station Area Interim Protection Ordinance, shall transition the type and density of the abutting new housing to be compatible with the single family character of the previously established neighborhood. Development within 100 feet, including road right-of-way, of an existing single family neighborhood shall not exceed a density of 7 dwelling units per net acre unless the existing neighborhood is zoned at a density exceeding 7 units per net acre in which case the new development shall match the density of the existing neighborhood.

 

13.  Ancillary dwelling units are permitted in the SCR-MD, SCR-LD, SCR-V, SCR-DNC, and SCR-OTC Districts, subject to the requirements of Section 133 Development Review / Approval of Plans, and upon compliance with the following standards: (Amended by Ord. No. 5779/8-07.):

 

 

a. The ancillary dwelling unit shall be located on the same lot as an existing single family dwelling or duplex. No more than one ancillary dwelling unit shall be permitted per lot.

 

b. No ancillary dwelling shall be permitted on a lot with less area than specified in Tables 1.

c. An ancillary unit shall comply with applicable building, fire, and health and safety codes.

d. Placement of an ancillary unit shall conform to existing requirements for the primary residence, including but not limited to building height, setback and side yard requirements.   The ancillary unit need not maintain separation from the primary structure when there is an architectural or structural connection between the dwellings.

 

e. The total gross floor area of an ancillary unit shall not exceed 1,000 square feet.

f. An ancilliary dwelling unit shall not be occupied by more than three (3) related or unrelated persons.

g. One off-street parking space for an ancillary unit shall be required.

 

h. The exterior appearance of an ancillary unit shall be architecturally compatible with the primary residence. Compatibility includes coordination of architectural style, color, exterior building materials, roofing form, other architectural features and landscaping.

(Amended and renumbered by Ord. No. 5667/9-06.)

 

14. Where the residential density requirements of any SCPA district conflict or overlap with the adopted residential density requirements of any other zone or district associated with land uses within 1,300 feet of a transit trunk route where peak period service is provided on at least a 20 minute headway basis and service is provided on the route at least every 30 minutes during the off-peak period between the hours of 5:00 a.m. and 1:00 a.m. of the following day, the requirement with the greatest residential density provision that affects the property shall apply, provided such bus service is in place at the time of the Development Review application for the property in question.

15. If a project proposes to meet minimum residential density requirements through or partially through remodeling of and/or additions to an existing dwelling, plans for the additional dwelling units shall be confirmed during the Development Review application process. (Added by Ord. No. 4930/7-00.)

 

VI. MINIMUM FLOOR AREA RATIOS

 

A. Purpose

 

Minimum floor area ratios are a tool for achieving a desired intensity of nonresidential development and encouraging increased use of light rail transit.   These provisions are intended to ensure building development will occur at levels supportive of transit in areas identified for commercial, industrial, research park, or institutional uses that are within walking distance of light rail stations.

 

B. Standards

 

 

1. See Table 1 of this Section.

 

2. Required minimum FARs shall be calculated on a project by project basis and may include multiple contiguous blocks.   In mixed use developments, residential floor space will be included in the calculations of floor area ratio to determine conformance with minimum FARs .  

 

3. (Deleted by Ord. No. 5973/7-11.) 

 

4. Within the SCC-DT District, FARs for new construction may be reduce d from the ultimate standard for the first phase, as provided in Table 1.a and Table 1.b.   Approvals of reduced first phase FARs may be approved only upon demonstration of compliance with the following criteria: 

a. the construction of the first phase structure is capable of supporting sufficient additional square footage to achieve the ultimate minimum FAR, either vertically, horizontally, or through a combination of both.   Demonstration of compliance with this standard shall include structural specifications for potential vertical additions, or location of building footprint and parking, in the case of horizontal additions;

b. the construction of the first phase structure complies with all applicable standards for minimum building height and maximum setbacks.

(Added by Ord. No. 4930/7-00 and Amended by Ord. No. 5973/7-11.)

 

5. Except in accord with an approved Concept Development Plan for a SCR-V project, or within a Planned Unit Development ("PUD") approved prior to adoption of this Ordinance, or within a phased commercial, industrial or institutional project in accord with an approved Concept Development Plan, no phase of a SCR-V or any other phased project shall be permitted to develop below the per acre average minimum floor area ratio density of the District unless: (1) it is the first phase of the development, consisting of no more than ten percent (10%)of the total project; (2) is a phase, when combined with those phases already constructed, achieves the minimum average density requirement of the District; or (3) the approved Concept Development Plan or PUD is amended to indicate where the proposed reduction in density will be made up through increased density at another phase of the project.   The project shall not depend on redevelopment of early phases to achieve overall minimum density requirements.

 

As an alternative to the phasing provisions of the paragraph above, an individual phase of a project shall be permitted to develop below the required minimum floor area ratio density provided the applicant demonstrates, through covenants applied to the remainder of the site or project or through other binding legal mechanism, that the required density for the project will be achieved at project buildout.   The increased density allocated to any future phase through such a transfer mechanism shall not increase the previously allocated density of the subsequent phase by more than ten percent (10%).   The Planning Commission as a condition of Concept Development Plan approval may limit the number and total amount of such transfers.

 

 

6 . A bonus exclusion of twenty-five percent (25%) of the employee parking area may be subtracted from the site area in determining floor area ratio, provided the ratio of parking spaces per employee is 0.5 or less as determined based on the average number of employees in any eight-hour work shift.

7. Notwithstanding any other provision of this subsection, the floor area ratio of non-residential structures constructed on properties within Review Area 6, as identified in Figure 7 and in Table 5 of the Hillsboro Airport Compatibility Study (May 1993), shall not exceed 0.3.

 

8. In the SCR-V District, free-standing non-residential development shall not exceed thirty percent (30%) of the net acreage and shall be of neighborhood scale when located more than 1,300 feet from a light rail station site.   At least ten percent (10%) of the net acreage may be used for neighborhood commercial uses.

9. Minimum floor area ratios for commercial or mixed use development within the SCR-V District shall be 0.50 within 1,300 feet of a light rail station site and 0.40 beyond 1,300 feet of a light rail station site.   Emergency service facilities, hotels, residential hotels and indoor recreational facilities are allowed in the District as free standing uses at a minimum floor area ratio of 0.50; except hotels within 800 feet of a LRT station shall not be less than 0.75 FAR.

 

 

10. In the SCI, SCBP and SCRP Districts, the minimum floor area ratio of commercial uses within 1,300 feet of a light rail station site shall be 0.50 and 0.40 elsewhere in the District.   If such commercial uses are not constructed on discrete lots, or if there are multiple buildings on a lot such that it is not practicable to determine the site area [1] of an individual building, and consequently the specific floor area ratio cannot be readily calculated, commercial uses are allowed up to ten percent (10%) of the total built or planned floor space of the development.   In either case, no single retail or service commercial use, except when contained in a multi-story multi-tenant building, shall occupy more than 15,000 square feet of the ground floor of any building within the District.

 

11. Within the SCC-MM, SCBP, SCRP and SCI District, commercial uses greater than 2,600 feet from a light rail station shall have no minimum floor area ratio requirement, and shall not be included in calculating the overall FAR density of a phased project unless requested by the applicant.

 

12. In any SCPA commercial, industrial or institutional district where a mixed use building contains uses with different FAR requirements, the FAR requirement of the use with the majority of the gross floor area shall apply.

13. Where the FAR requirements of any SCPA District conflict or overlap with FAR requirements of any subsequently adopted zone or district associated with land uses within 1,300 feet of a transit trunk route, [2]   the requirement with the greatest FAR provision which affects the property shall apply, provided such bus service is in place at the time of the Development Review application for the property in question.

 

14. Expansion of existing ancillary structures or recreational facilities in public parks, and construction of new ancillary structures or recreational facilities in public parks, are exempt from the minimum floor area ratio of the applicable zone.   Ancillary structures in public parks and recreational facilities may include, but are not limited to: restrooms; weather shelters; equipment storage buildings; and similar structures.   (Added by Ord. No. 5201/11-02).

 VII.   MINIMUM NON-RESIDENTIAL DENSITY OBJECTIVES

 

A. Purpose           

 

Minimum density objectives are a tool for helping to achieve a desired intensity of development and encouraging increased use of light rail transit.   These provisions are intended to help ensure development and employment opportunities will occur at levels supportive of transit in areas identified for non-residential uses which are within walking distance of light rail stations.   Data on employment densities also helps the City determine the demand for and size of the roadway and infrastructure system.

 

In residential districts where non-residential development is a permitted or conditional use, specified minimum non-residential density targets may not be applicable where such targets cannot be achieved by the size of commercial uses permitted in that district.   (Added by Ord. No. 4930/7-00.)

 

B. Guidelines

 

1. See Table 1 of this Section for target employment objectives for SCPA Districts.

 

 

2. At the time an application for Development Review is filed, the applicant shall provide an estimate of the number of employees that will ultimately be working at the facility.   This information is advisory only, but is a required element of the Development Review process.

 

3. Density in non-residential development is measured by people per net acre.   Density under this measurement is calculated based on the average number of employees on the largest 8-hour shift of businesses located within the affected development, as measured in paragraph 4., below.   If a project includes mixed use buildings with residential uses on upper levels, the residential population may be included in the calculation based on an assumed occupancy of 2.5 people per dwelling unit.   In the SCRP District, the average number of full-time equivalent ("FTE") students in any educational or research institution during a typical 8-hour period may also be included in the total people per net acre.  

 4. The number of employees associated with any given business is based on either (1) an average of the number of employees per square foot of building space for that particular Standard Industrial Classification (SIC) as reported by similar businesses through either the Oregon Bureau of Labor and Industries, an appropriate trade organization or by the company itself based on its experience elsewhere; or (2) a calculation of the number of employee work spaces contained within the development as shown in plan drawings, construction specifications or operating plans of the occupant.   Where a development, project or building is proposed to be built by a developer on the speculation of lease or sale and the end user and the SIC of the ultimate end user or their number of employees is unknown to the developer at the time of application, the developer should make a good faith effort to attract business or industry to said development which will meet or exceed the people per net acre target objective of the district in which the development is located.

[1]     Applicable in "campus" or "park" situations where the ground is held in common or where the user leases or owns a building without definition of a "lot" or parcel of land which can be discretely measured and its area used for the denominator in the FAR equation.

[2]   As used here, "transit trunk route" shall mean a transit route where weekday peak period service is provided on at least a 20-minute headway basis and service is provided on the route at least every 30 minutes during the off-peak period between the hours of 5:00 a.m. and 1:00 a.m. of the following day