Section 133: Development Review
I. Purpose. The purposes of development review are to: encourage site planning in advance of construction; protect lives and property from potential adverse impacts of development; consider natural or man-made hazards which may impose limitations on development; 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; assure that development is supported with necessary public facilities and services; ensure that structures and other improvements are properly related to their sites and to surrounding sites and structures; and implement the City's Comprehensive Plan and land use regulations with respect to development standards and policies.
II. Preapplication review. Prior to filing its application for development review, the applicant shall confer with the Planning Director, who shall identify and explain the relevant review procedures and standards.
III. When required.
When required. Development review shall be required for all construction and development on real property as follows:
1. Construction and development in the A-1, A-2, A-3, A-4, C-1, C-4, MU-N, MU-C, M-P and M-2 zones, excluding the construction or development of single family dwellings within any of these zones; (Amended by Ord. No. 5892/12-08.)
2. Duplex and multifamily structures containing two (2) or more dwelling units located within the R-10, R-8.5, R-7, and R-6 zones;
3. Duplex and multifamily dwellings containing two (2) or more dwelling units and attached single family dwelling units within planned unit development districts;
4. Manufactured dwelling parks (excluding the individual manufactured dwellings) as required by Section 77C. (4) of the Zoning Ordinance; and
5. Accessory or ancillary dwellings in any residential zone; (Added by Ord. No. 5778/8-07.)
6. Additions or alterations to inventoried Cultural Resources; (Added by Ord. No. 5778/8-07.)
7. Construction and development in the SCR-LD, SCR-MD, SCR-HD, and SCR-V zones, excluding detached single family dwellings; (Added by Ord. No. 5778/8-07.)
8. All construction and development in the SCR-DNC and SCR-OTC zones, including; detached single family dwellings, ancillary dwellings, accessory structures; and additions to existing structures. (Added by Ord. No. 5778/8-07.)
9. Construction and development in the SCC-DT, SCC-SC, SCC-MM, SCFI, SCI and SCBP zones. (Added by Ord. No. 5778/8-07, Amended by Ord. No. 5973/7-11 and Ord No. 6018/6-12.)
10. Construction and development in the Urban Center Zones:
a. Urban Center - Residential Medium Density (UC-RM)
b. Urban Center - Mixed Use Urban Density (UC-MU)
c. Urban Center - Activity Center (UC-AC)
d. Urban Center - Neighborhood Center (UC-NC)
e. Urban Center - Office/Research (UR-OR)
f. Urban Center - Research Park (UC-RP)
(Added by Ord. No. 6018/6-12.)
Development review shall not apply to any interior remodeling of any existing building or structure covered by Section 133 or any modification to an existing building or structure which does not substantially change its exterior appearance. The standards in this Section also shall apply to any development review required as a condition of approval of a land use action. No building permit shall be issued prior to development review approval. Development review shall not alter the type and category of uses permitted in zoning districts.
As used in Section 133, "development" means any man-made change to improved or unimproved real property in the City, including but not limited to construction or installation of a building or other structure; major site alterations such as those due to grading; paving; and, improvements for use as parking.
As used in Section 133, "construction" means and includes the new construction, replacement, and any major remodeling of any building or structure; or, any enlargement of an existing building or structure which increases its existing floor area by an amount equal to or greater than ten percent (10%) and which is visible from a street or public right-of-way. Construction does not include the ordinary maintenance or repair of an existing building or structure.
As used in this definition of "construction", "major remodeling" means any exterior remodeling that substantially changes the exterior appearance of a building or structure or any change in the occupancy of a building or structure from single family use to commercial or industrial use.
IV. Plans required. A complete application for development review shall be submitted. Except as otherwise provided in subsection J of this Section, the application shall include the following plans and information:
A. A site plan or plans, drawn to scale, containing the following information:
1. A vicinity map covering an area 250 feet from the boundary of the development site and showing general information about the location, dimensions and names of all existing, platted and proposed streets and access points, other public ways, sidewalks, bicycle routes and bikeways, pedestrian/bicycle accessways and other pedestrian connections, transit street, transit facilities and transit stops, neighborhood activity centers, schematic placement of public utility locations, and the location of easements affecting the development site.
2. The site size, dimensions, and zoning, including dimensions and gross area of the lot(s) or parcel(s) and tax map and tax lot number(s) for the development site.
3. Contour lines at two foot contour intervals for grades 0 to 10 percent, and five-foot intervals for grades over 10 percent.
4. The location of natural hazard areas on and within 100 feet of the boundaries of the site that are identified by the Comprehensive Plan, including:
a. Areas indicated on floodplain maps as being within the 100-year floodplain.
b. Areas subject to soil instability, slumping or earth flow, landslide or erosion, or for which field investigation, performed by a geotechnical engineer or engineering geologist who is licensed by the State of Oregon , confirms the existence of or potential for a severe hazard.
5. The location of natural resource areas on and within 100 feet of the boundaries of the site, including fish and wildlife habitat, natural areas, wooded areas, areas of significant trees or vegetation, wetlands, water resources, and riparian areas, that are identified - by the Comprehensive Plan.
6. The location of cultural resources on and within 100 feet of the boundaries of the site, that are identified on the City's cultural resources inventory.
7. The location, dimensions, and setback distances of all existing permanent structures, improvements and utilities on or within 25 feet of the site, and the current or proposed uses of the structures.
8. The location, dimensions, square footage and setback distances of proposed structures, improvements, and utilities, and the proposed uses of the structures by square footage.
9. The location, dimension and names, as appropriate, of all proposed streets, other public ways, sidewalks, bike routes and bikeways, pedestrian/bicycle accessways and other pedestrian connections and bicycle routes and paths, transit streets, transit facilities and transit stops, neighborhood activity centers, and utility locations and easements on or within the development site.
10. All parking, circulation, loading and servicing areas, including the locations of all carpool, vanpool, and bicycle parking spaces as required by Section 84 of this Ordinance.
11. Site access points for automobiles, pedestrians, bicycles and transit.
12. On-site pedestrian and bicycle circulation.
13. Outdoor common areas proposed as open space.
B. A landscaping plan, drawn to scale, showing the location and types of existing trees (eight inches or greater in caliper measured four feet above ground level) and vegetation proposed to be removed and to be retained on the site, the location and design of landscaped areas and storm water management facilities, the varieties, sizes and spacing of trees and plant materials to be planted on the site, the proposed types and locations of irrigation systems to maintain plant materials, and other pertinent landscape features. (Amended by Ord. No. 5729/3-07)
C. Architectural elevations and floor plans drawn to scale, with elevations accurately reflected to grade.
D. A description of materials to be used on proposed structures.
E. An erosion control and grading plan developed in accordance with the standards specified in the City's Ordinance No. 3927, the Unified Sewerage Agency's Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (February 1994 or as subsequently amended), and the Unified Sewerage Agency's Resolution and Order No. 91-47 as applicable within Hillsboro 's City limits.
F. A storm water plan developed in accordance with the standards specified in the City’s drainage master plan and the Clean Water Services Resolution and Order No. 91-47 as applicable within Hillsboro’s city limits. The storm water plan shall identify the location of drainage patterns and drainage courses on and within 100 feet of the boundaries of the site. (Amended by Ord. No. 5729/3-07)
G. The applicant shall submit either: 1) a determination by USA that Site Assessment is not necessary or 2) USA Service Provider Letter. (Added by Ord. No. 4982/12-00.)
H. An exterior lighting plan, drawn to scale, showing type, height, and area of illumination on the development site.
I. For commercial or industrial developments, a written statement identifying:
1. The nature of the proposed use.
2. The planned number of shifts to be worked, if known, and the maximum number of employees planned for each shift in the phase of development being reviewed.
3. Plans for the treatment and disposal of sewage and industrial wastes and any on-site disposal of wastes.
4. Plans for handling traffic, noise, glare, air pollution, fire, or safety hazard.
J. Within fourteen (14) working days after submission of a development review application, the Planning Director may require an applicant to submit one or more technical reports upon determination by the Planning Director that (1) the scale of the development would likely require traffic safety and other public facility or development site improvements; (2) the proposal could have significant adverse impacts on Goal 5 resources; (3) the proposal would be located on, or could have significant adverse impacts upon natural hazard areas identified by the Comprehensive Plan; or (4) the proposal would likely result in significant adverse impacts with respect to noise, toxic or noxious matter, vibrations, odors, heat, glare, air pollution, wastes or other objectionable effects within the development site or immediate surrounding areas. The Director shall inform an applicant of any required technical report under this provision within the 30-day review limit set by ORS 227.178(2).
1. A traffic report may be required by the Planning Director when the Director determines that the development's traffic impacts would cause significant change to the function of adjacent or nearby streets or the flow of traffic thereon. Any required traffic report shall be prepared by a licensed traffic engineer and shall include a discussion of the ability of the roads and intersections to accommodate the anticipated amount of traffic that would be generated by the proposed development. The report also shall take into consideration the availability of mass transit, bicycle paths and ways and pedestrian access. The report shall identify such safety or capacity improvements as may be required consistent with the requirements of this Ordinance.
2. The required report concerning natural hazards shall be a geotechnical investigation report which shows the following: slope stability studies, on-site site grading, cutting and filling; structural foundation requirements; surface and subsurface drainage recommendations; erosion vulnerability; building or grading limitations, including top of slope offsets and areas restricted for site grading; recommendations for construction of streets, utilities, and structures of the site; and identification of any portions of the site requiring further evaluation by a geotechnical or structural engineer. Unless the Planning Director determines that a geotechnical investigation is warranted due to site-specific characteristics, projects meeting all of the following criteria are exempt from this requirement:
(a) construction value of the project is $150,000 or less; and
(b) the project will not involve the import, export, and/or on-site movement of more than 100 cubic yards of earth; and
(c) there is no evidence of any previous fill on the site to a depth exceeding one foot; and
(d) the project does not include proposed fill on the site to a depth exceeding one foot; and
(e) no portion of the site has a slope in excess of ten percent (10%).
(Added by Ord. No. 4893/3-00.)
3. Any required report concerning impacts on natural or cultural resources shall identify the Goal 5 resource(s) affected and assess the impacts of development thereon. As relevant, considerations shall include revegetation potential, impact on significant wildlife habitat within 100 feet of the site, and impacts on scenic views, water areas, significant wetlands, park lands and proposed park acquisition areas, and cultural resources.
4. Any required report concerning noise, toxic or noxious matter, vibrations, odors, heat, glare, air pollution, wastes or other objectionable effects shall identify those effects and describe the plans for mitigating or alleviating such effects. The Planning Director may require a noise study prepared by an acoustical engineer licensed by the State of Oregon if noise from the proposed development can be reasonably expected to exceed applicable DEQ noise standards.
K. Within fourteen (14) working days after receipt of a development review application and the 30-day review limit set by ORS 227.178(2), the Planning Director may waive the submission of information for specific requirements of this Section or may require information in addition to that required by a specific provision of this Section, as follows:
1. The Planning Director may waive the submission of information for a specific requirement upon determination either that specific information is not necessary to evaluate the application properly, or that a specific approval standard is not applicable to the application. If submission of information is waived, the Planning Director shall, in the decision, identify the waived requirements and briefly explain the reasons for the waiver.
2. The Planning Director may require information in addition to that required by a specific provision of this Section upon determination that the information is needed to evaluate the application properly and that the need can be justified on the basis of a special or unforeseen circumstance. If additional information is required, the Planning Director shall, in the decision, briefly explain the reasons for requiring the additional information.
A. All construction and development shall comply with the following standards:
1. A minimum of fifteen percent (15%) of the lot area being developed shall be landscaped wherever practicable. This landscaping requirement may be satisfied by providing landscaping only, or in combination with pedestrian plazas, pedestrian connections or water quality facilities. Natural existing landscaping may be used to meet the landscaping requirement. Landscape design and landscaping areas shall serve their intended functions and shall not adversely impact surrounding areas. The required amount of landscaping shall include a mix of vertical (trees) and horizontal elements (grass, ground cover, etc.). The Planning Director shall approve the trees, shrubs and vegetation proposed for landscaping.
2. The size, shape, height, and spatial and visual arrangement of uses, structures, fences, and walls, including color and material selection, shall be compatible with existing surroundings and future allowed uses. This standard shall be applied in a manner that encourages urban design and visual diversity within development projects and the surrounding area. The Planning Director may require common driveways in order to comply with City driveway or street access spacing standards.
3. Unnecessary grade changes shall be avoided. Retaining walls shall be provided where needed and shall consist of such structural design and materials sufficient to serve their intended purpose. Grading and contouring shall take place with particular attention to minimizing the possible adverse effects of grading and contouring on the natural vegetation and physical appearance of the development site. It is the intent of this provision that, where minimizing such adverse effects of grading and contouring within the development site unavoidably results in creating physical barriers to pedestrian and bicycle circulation, priority shall be given to minimizing such adverse effects. However, the Planning Director shall work with the applicant to develop and apply practicable solutions whenever possible, taking into account the current and proposed use of the development site, that achieve both objectives. As used in this provision, "natural vegetation" does not include commonly recognized weeds and brushes and the like.
4. In areas identified as hazard areas by the Comprehensive Plan, development shall be designed to avoid unnecessary disturbance of natural topography, vegetation and soils. Designs shall minimize the number and size of cuts and fills, and any structural fill shall be designed in accordance with standard engineering practices by a civil or geotechnical engineer licensed by the State of Oregon . The Planning Director may impose such conditions as are necessary to minimize the risk of erosion, slumping, landslides and property damage.
5. Stormwater management shall be provided in accordance with City drainage master plan requirements and design standards. The Planning Director may impose conditions to ensure that waters are drained from the development site so as to limit degradation of water quality. The Clean Water Service's Resolution and Order No. 91-47 as applicable within Hillsboro's City limits or any other - drainage standards as may be subsequently adopted by the City Council. Stormwater plans shall be reviewed and approved by the City Engineer for conformance with the adopted City drainage or stormwater standards prior to construction. (Amended by Ord. No. 5729/3-07)
6. Any proposed development subject to the PUD process within the City of Hillsboro, which meets the definition of "development" as contained in Chapter 1 Section 1.02.15 of the Washington County Unified Sewerage Agency's Construction Standards and Regulations Pertaining to the Sanitary Sewerage and Storm and Surface Water Management Systems, including Regulations for Erosion Control and Protection of Water Quality Sensitive Areas, shall comply with the applicable provisions of Chapter 3, Standard Design Requirements for Storm and Surface Water of the USA's Construction Standards and Regulations for Sanitary Sewerage and Storm and Surface Water Management Systems. (Added by Ord. No. 4982/12-00.)
7. Parking, including carpool, vanpool and bicycle parking, shall comply with City parking standards contained in Section 84 of this Ordinance.
8. Off-street parking and loading-unloading facilities shall be provided in a safe, well designed and efficient manner and shall be visually buffered from the street and from adjacent residential zones by means of landscaping or as otherwise required by the Zoning Ordinance, but not to the extent of restricting visibility necessary for safety and security. Off-street parking design shall consider the layout of parking, storage of all types of vehicles and trailers, shared parking lots and common driveways, garbage collection and storage points, and the surfacing, lighting, screening, landscaping, concealing and other treatment of the same.
9. Sidewalks and curbs on public streets shall be provided in accordance with the City's transportation master plan and street design standards unless modified or alternative standards for the development site are approved by the Street Committee
10. Circulation patterns within the boundary of the site shall facilitate safe and convenient pedestrian and bicycle access consistent with Sections VI and VIII of this Section. Ingress and egress locations on public thoroughfares shall be located in the interest of public traffic safety. Reasonable access for emergency services (fire, ambulance and police) shall be provided.
11. Outdoor lighting shall be provided in a manner that enhances security, is appropriate for the use, and avoids adverse impacts on surrounding properties.
12. Site planning, including the siting of structures, roadways and utility easements, shall provide, wherever practicable, for the protection of trees eight-inch caliper or greater, measured four feet from ground level. Where the Planning Director determines that it is impracticable or unsafe to preserve such trees, the trees shall be replaced in accordance with an approved landscape plan that includes new plantings of similar character at least 2 1/2" in caliper. Specimen trees shall be preserved where practicable, and the Planning Director may decrease the number of required parking spaces to achieve this result. Where these requirements would cause an undue hardship, the Planning Director may modify the requirements in a manner which, in the Director's determination, reasonably satisfies the purpose and intent of this provision. The Planning Director may impose conditions to avoid disturbance to tree roots by grading activities and to protect trees and other significant vegetation identified for retention from harm. Such conditions may include, the advisory expertise of a qualified consulting arborist or horticulturist both during and after site preparation, and a special tree maintenance and management program to provide protection to the resource as recommended by the arborist or horticulturist.
13. Development shall comply with applicable City regulations protecting natural and cultural resources. The siting and design of buildings and other improvements shall be appropriate to protect natural and cultural resources identified by the Comprehensive Plan and this Ordinance. Elsewhere, development shall be planned, designed and constructed to avoid or minimize adverse impacts on other natural and cultural resources to the extent practicable.
14. All development shall comply with applicable federal, regional state, and City standards pertaining to air and water quality, odor, heat, glare, noise and vibrations, outdoor storage, radioactive materials, toxic or noxious matter, and electromagnetic interference that are in effect at the time of approval of the development review application. Prior to issuance of a building permit, the Planning Director may require submission of evidence of compliance with such standards from the applicable Federal or State agencies or the receipt of the necessary permits for the development from these agencies.
15. Adequate public water, sanitary sewer and storm drainage facilities sufficient to serve the level of development approved shall be provided. The applicant shall demonstrate that adequate facilities and services are presently available or can be made available concurrent with development construction. Service providers shall be presumed correct in the evidence which they submit relating to the adequacy and availability of such facilities and services to the development. All facilities shall be designed to comply with adopted City standards, and the use of habitat friendly development practices and techniques described in Section 131B is encouraged and facilitated where technically feasible and appropriate. A development may be required to extend, modify or replace an existing off-site public water, sanitary sewer or storm drainage facility or system to the extent necessary to provide adequate public facilities or services to the development site. The development applicant may request from the City System Development Charge credits and/or City reimbursements for utility improvements or oversizing of facilities as may be required under this provision. (Amended by Ord. No. 5729/3-07)
16. Adequate rights-of-way and improvements to streets, sidewalks, bike routes and bikeways, and transit facilities required within the development site shall be provided, consistent with the City transportation master plan, adopted design standards, and Street Committee policy. Consideration shall be given to the need for street widening and other transportation improvements within areas in the vicinity of the proposed development impacted by traffic generated by the proposed development which will ameliorate such impacts. If required, such widening and improvements shall have a clear nexus with, and be proportional to the traffic generated by the proposed development and may include, but are not limited to, improvements to the right-of-way, such as installation of lighting, signalization, turn lanes, median and parking strips, traffic islands, paving, curbs and gutters, sidewalks, bikeways, street drainage facilities and other facilities needed because of anticipated vehicular and pedestrian traffic generation from the development.
17. Developments shall consider opportunities to incrementally extend and connect proposed new streets with existing streets in adjacent or nearby areas in addition to addressing street connectivity recommendations shown on the Local Street Connectivity Maps contained within the City's Transportation System Plan. (Added by Ord. No. 4902/5-00.)
18. In new multifamily developments on sites containing 5 or more acres of land, full street connections with spacing of no more than 530 feet between these connections shall be provided except where barriers such as topography, railroads, freeways, pre-existing development, or regulations implementing Title 3 of the adopted Metro Urban Growth Management Functional Plan or City Goal 5 Resource Protection requirements prevent their construction or require different street connection standards. (Added by Ord. No. 4902/5-00.)
19. Narrow street designs for local streets may be permitted with city engineer approval, provided that other minimum dimensional requirements are met for travel lanes, bike lanes, parking lanes and sidewalk widths. (Added by Ord. No. 4902/5-00.)
20. Whenever a proposed development takes direct access to a State Highway within the City, the applicant shall notify the State Department of Transportation (ODOT) of such proposed access. The applicant shall submit as part of its development review application written evidence from ODOT that ODOT has been informed of such proposed access. The applicant shall comply with applicable State highway access standards independent of City approval of the proposed development.
21. Whenever a proposed development either abuts or take direct access to a County arterial within the City, the applicant shall notify and coordinate with the County Department of Land Use and Transportation (DLUT) on such access and submit, as a part of its development review application, evidence of such notice and coordination which shows that the applicant has discussed the development with the DLUT. The applicant may be required to comply with County roadway access standards independent of City approval of the proposed development.
22. New multifamily developments, planned unit developments, institutional, retail and office developments shall provide for safe and convenient bicycle and pedestrian travel within the development and between the development and adjacent and nearby residential or neighborhood activity centers. Where practicable, new office parks and commercial developments shall facilitate internal pedestrian circulation within the development site through clustering of buildings, construction of pedestrian ways, or similar techniques.
23. If a major industrial, institutional, retail or office development located at or near a transit stop and along a transit street is of a type which generates transit ridership, the development shall provide either a transit stop on-site or a connection from the development to the nearest transit stop along the transit street if such a transit stop or connection is required by the Planning Director in consultation with the transit operator. The transit stop or connection shall be constructed at the time of development construction and shall have a clear nexus with, and be proportional to the development's scale, intensity and amount of transit ridership to be generated. As used in this provision, "major" refers to a development which serves more than neighborhood needs, or has traffic impacts that extend beyond the immediate neighborhood, or is larger than average in size than developments of the type within the City.
24. New retail, office and institutional buildings which are at or near a major transit stop located outside a transit district shall comply with the standards in Section VII of this Section. Development subject to the requirements of the Station Area Interim Protection District shall comply with those requirements as provided in Section 135 of this Ordinance unless otherwise exempted under Section 135. Upon termination of the SAIPD, development within a transit district, including retail, office, institutional, multifamily-family development and planned unit developments, shall comply, as appropriate, with development standards contained in the Station Community Plan for that district and with Sections 136, 137, 138, 139, 140 and 141 of this Ordinance in the manner prescribed in Subsection X of this Section. If no such standards are adopted by the time of termination of the SAIPD, then development within transit districts which had been subject to the requirements of the SAIPD shall comply with subsection VII of this Section.
25. Connections to utility lines serving a parcel or lot shall be placed underground.
26. Access and facilities for physically handicapped people shall be incorporated into the site and building design consistent with applicable federal and state requirements, with particular attention to providing continuous, uninterrupted access routes.
27. Pedestrian/bicycle accessways shall be provided as appropriate in accordance with the standards in subsection VIII of this Section.
B. Attached single family, multi-family, and residential condominium developments within any non-light rail zone shall provide usable open space within the project based on the gross acreage of the project, as shown in the following table:
Project Gross Acreage
Required Usable Open Space
1.01 to 5.0
5.01 to 15.0
15.01 to 25.0
25.01 to 50.0
1. Usable open space in such developments shall be sited and improved to provide active recreational and “third place” amenities intended to provide appropriate opportunities for physical activity and interaction among residents within the development. Except where inventoried Resource Level 1, 2, or 3 Significant Natural Resources, 100-year floodplain, or delineated wetlands are present on site, 100% of the required usable open space area shall be improved for active recreational and “third place” use.
2. Usable open space may include passive recreational areas only where inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffers are present on site. Such areas or portions thereof may be counted toward the usable open space under the following standards:
a) public accessways and covered viewing areas are provided;
b) only that portion of the inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffer area visible from the viewing area is applicable toward the requirement.
c) the entire area is enhanced pursuant to Clean Water Services standards and the requirements of Section 131A if applicable; and
d) the visible inventoried Significant Natural Resources, 100-year floodplain, or delineated wetlands and wetlands buffers will not count for more than 25 percent of the required usable open space.
3. Development within areas designated as Town Centers or Main Streets on the Hillsboro 2040 Growth Concept Boundaries Map shall provide usable open space improvements which enhance the pedestrian environment and are appropriate to these higher density urban areas. Such improvements may include, but are not limited to, the following: hardscaped courtyards; weather canopies; water features and drinking fountains; benches or low walls with seating areas; free-standing planters; play structures; public art or other pedestrian space or design features integrated into the overall design of the development.
(Subsection B Amended by 5778/8-07.)
C. The Planning Director may impose such conditions as deemed necessary to ensure compliance with these standards and other applicable review criteria, including standards set out in City overlay districts, master plans, and adopted design standards. Such conditions shall have a clear nexus with, and be proportional to the development's impacts if they require off-site improvements to be made by the project developer or property owner as applicable. The Planning Director may require a property owner to sign a waiver of remonstrance against the formation of a local improvement district where the Planning Director deems such a waiver necessary to provide needed improvements reasonably related to the impacts created by the proposed development. To ensure compliance with this Section, the Planning Director may require an applicant to sign or accept a legal and enforceable covenant, contract, dedication, easement, performance guarantee, or other document, which shall be approved in form by the City Attorney.
VI. Design Standards and Guidelines. (Added by Ord. No. 5778/8-07.)
New multi-family residential, commercial, industrial, and institutional developments are subject to the following design standards and guidelines. Except where the word “shall” is used, the criteria are not to be construed as mandatory approval standards subject to review and approval.
A. Design Standards.
- Buildings shall demonstrate pedestrian scale and orientation on the elevation facing the public street. Street-side building facades shall be varied and articulated to provide visual interest and avoid a flat appearance.
- Utilitarian functions shall be shielded from public view. Delivery and loading operations, HVAC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into overall building and landscaping design. Visual and acoustic impacts of these functions, and wall- or ground-mounted mechanical, electrical and communications equipment shall be screened.
- Surface stormwater retention, detention and treatment facilities shall be integrated into site landscaping, or placed underground. In campus developments, stormwater facilities should be consolidated to reduce the area devoted to such use. Consolidated facilities shall also be naturally integrated into the site design, landscaping and usable open space.
- In townhouse and multi-family residential developments, uniform building design and architectural repetition shall be avoided. Townhouse structures shall demonstrate discernible differences in façade articulation, colors, materials, and detailing between units. Multi-family structures larger than four units shall include ridge and gable offsets, saddles, dormers, or other structural features to avoid extended uniform roof lines. Exceptions to this standard may be approved for development where the architecture style reflects a historically symmetrical pattern or rhythm.
- In townhouse and multi-family developments, maintenance access to rear yards for interior lots or units shall be provided without the necessity for easements through adjacent lots or properties.
- Except as noted below, all public utility distribution and service connections to new buildings shall be underground. Aerial utility service (electricity, telephone, cable, etc.) may be used in new construction where all of the following circumstances apply:
a. The project is an in-fill building or dwelling within an existing neighborhood where utility service is provided aerially rather than underground;
b. The project is located between other utility users on the same block face;
c. It would not be practicable to serve the new project underground without also serving the neighboring uses; and
d. The neighboring uses on the same block face and the utility company are unwilling to pay the additional cost of undergrounding their service.
7. Developments abutting streets or corridors where overhead utilities may be placed underground in the future shall install underground utility duct banks to facilitate future relocation of such utilities.
B. Design Guidelines
1. Building design should be site specific, fit into the context of the area, preserve important view corridors, complement the natural setting and other nearby buildings, and relate to adjacent public and private streets.
2. Building facades should balance features which make them more prominent while retaining pedestrian scaled detailing. Diversity of architectural styles is encouraged. Building architecture is particularly important at intersections, where special corner architectural features should be incorporated.
3. Prominent public assembly and civic buildings such as theaters, hotels, cultural centers, schools, churches, and government buildings should include appropriately-scaled building features, such as towers, cupolas or pediments.
4. Edges of development projects should be designed to harmonize with and enhance adjoining public and private streets. Edges adjacent to transit streets and major pedestrian routes should include street furniture such as seating, shelters, ornamental pedestrian scale lighting and an inside row of canopy trees to complement those in the curbside landscape strip.
5. Developments should be designed to encourage informal surveillance of public areas from buildings, public and private streets and from adjacent developments. Sight lines to and from buildings, and within and around the site should maximize pedestrian visibility of store entrances, public areas and transit stops.
6. For buildings designed for occupancy by general retail, office and service commercial businesses, traditional storefront elements are encouraged for any facade facing a major pedestrian route. These elements include:
a. Front and side building walls placed within 10 feet of abutting street right-of-way boundaries.
b. Clearly delineated upper and lower facades.
c. Large display windows and recessed entry in the lower façade.
d. Smaller, regularly spaced windows in upper stories.
e. Decorative trim such as window hoods around upper floor windows.
f. Decorative cornices near the top of the facade.
g. Piers or pilasters, typically masonry.
7. Upper stories should be articulated with features such as bays and balconies.
8. To balance horizontal features on longer facades, vertical building elements should be emphasized.
9. Sloped roofs should be compatible with roof lines and slope of adjacent buildings, add interest to and reduce the scale of large buildings, and complement the character of buildings in adjacent developments.
10. Windows allowing views into interior activity areas or displays in non-residential buildings are encouraged. At the pedestrian level, glass curtain walls, reflective glass and painted or darkly tinted glass, smooth faced concrete block, concrete panels, steel panels, and non-durable materials are discouraged unless privacy issues are involved.
11. Exterior building materials and colors should be harmonious and compatible with materials and colors in adjacent developments. Soft lighting of the building exterior which complements the architectural design is encouraged if the light source is not visible.
12. Building entrances should include clearly recognizable features such as: canopies, porticoes, recessions, projections, arcades, and raised cornice parapets. Pedestrian spaces at entrances incorporating landscaping and eating amenities are encouraged.
13. Exterior masonry finishes should include decorative patterns.
14. Ornamental devices, such as molding, entablatures, pediments and friezes, are encouraged at the roofline.
15. Internal sidewalks should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, and planter walls which define circulation and outdoor spaces. Examples of outdoor spaces are plazas, patios, courtyards, and window shopping areas. Design of these features and outdoor spaces together should (i) tie site features together, (ii) relate to a common use area, and (iii) complement the surrounding streetscape. (Amended by Ord. No. 5892/12-08.)
16. Landscaping should be designed as an integral part of the site, streetscape, building design and parking area. Landscaping should also be used to enhance pedestrian orientation by creating a sense of enclosure and to reduce the scale of large buildings and paved areas. Arbors or trellises supporting landscape materials should be considered for ornamentation of exterior walls.
17. Signage should be consistent with the nature and scale of the project and its environment. Exterior signage should be architecturally compatible with the building and neighboring buildings.
18. Residential and mixed use projects containing residential uses should include a range of housing types and styles to suit a variety of lifestyles and incomes, both on an ownership and rental basis
19. Commercial, industrial, institutional, mixed use, and multi-family residential buildings constructed with less than three feet (3’) setback to any parallel sidewalk or pedestrian way should incorporate features over sidewalk or pedestrian way for weather protection.
VII. On-site pedestrian access.
A. All new commercial, industrial, institutional, multifamily residential developments and planned unit developments shall provide on-site pedestrian circulation systems that provide safe and convenient connections between buildings and existing public rights-of-way, pedestrian/bicycle accessways and other on-site pedestrian facilities while minimizing out-of direction travel. On-site pedestrian circulation systems that comply with this Subsection in the most practicable manner possible shall be approved.
1. Pedestrian connections shall connect main building entrances to the nearest sidewalk or other walkway leading to a sidewalk. Pedestrian connections also shall connect to outdoor activity areas such as parking lots, transit stops, recreational or play areas and plazas. Walkways shall be designed to minimize out-of-direction travel.
2. Unless impracticable or exempted by conditions described in Sec. VIII.D of this Ordinance, buildings which are set back from the sidewalk more than 75 feet shall have pedestrian walkways which are capable of connecting to existing pedestrian walkways in adjacent developments or stubbed to the adjacent side yard property line if the adjacent land is vacant or is developed without pedestrian walkways. The location of such a walkway stub shall take into consideration topography and the eventual development or redevelopment of the adjacent property. Pedestrian connection linkage to adjacent developments shall not be required within industrial developments or to industrial developments or to vacant industrially zoned land.
3. Public and private schools, and parks over one acre in size, shall provide safe and convenient access to adjacent neighborhoods, that minimize out-of-direction travel between such schools or parks and adjacent neighborhoods.
B. On-site pedestrian walkways shall be well drained, hard surfaced and at least five (5) feet in unobstructed width. Walkways shall be increased to seven (7) feet in width when bordering parking spaces other than parallel parking spaces, and surface material shall contrast visually with adjoining surfaces. If a raised walkway is used, the ends of the raised portions shall be equipped with curb ramps. Where site conditions are favorable, the City may approve, where technically feasible and appropriate, the use of pervious surfacing techniques and other habitat friendly development techniques and practices as described in Section 131B.
Within automobile parking areas, or when the pedestrian circulation system is parallel and adjacent to an auto travel lane, pedestrian safety shall be improved by raising the walkway or separating it from the auto travel lane by a raised curb, bollards, landscaping or other physical barrier. When crossing driveways and parking areas, pedestrian crossings and walkways may be built at the same elevation as the driveways and walkways if they are constructed of permanent materials, including paving or markings in a manner which contrasts and clearly delineates the crossing or walkway at any time of day or night. (Amended Ord. No. 5729/3-07)
C. The on-site pedestrian circulation system shall be lighted to a minimum level of three (3) foot-candles to enhance pedestrian safety and allow its use at night.
D. On-site vehicular circulation systems and required pedestrian walkways shall be designed to minimize vehicular/pedestrian conflicts through measures such as minimizing driveway crossings, creating separate pedestrian walkways through the site and parking areas, and designating areas for pedestrians by marking crossings with changes in textural material. Marked crossings shall have a continuous, detectable marking not less than 36 inches wide using textural material that is firm, stable, slip-resistant, and consistent with the Federal Americans with Disabilities Act and Chapter 11 of the State of Oregon Structural Specialty Code (1996 Edition).
VIII. Special development standards at or near major transit stops.
A. Purpose. This Section is intended to provide safe and convenient pedestrian access to major transit stops from new retail commercial, office and institutional buildings and to promote pedestrian and transit travel to office, retail commercial and institutional facilities. As used in this Section, "buildings" refers only to new retail commercial, office and institutional buildings; provided, however, that within a transit district, "buildings" also refers to multi-family structures containing four or more units and planned unit developments. As used in this Section, "new buildings" include new construction of structures on previously undeveloped properties, the complete demolition and reconstruction of existing structures, a complete change in the use of a building from one land use category to a different category (i.e., change from residential to commercial use), a change in the occupancy classification of a building as defined in the City's building code, or a reconstruction or remodeling of an existing use, the total value of which is equal to or greater than fifty percent (50%) of the most recent assessed value of the building as established by the Washington County Real Property Tax Assessor.
1. Except as otherwise provided in this Section, the standards and requirements of Section VII shall apply to the construction of new retail, commercial, office, industrial and institutional buildings that are located within 300 feet of the property boundaries of a major transit stop.
2. The requirements of this Subsection also shall apply to development within a transit district, but only if:
a. The requirements of the Station Area Interim Protection District no longer apply due to termination of the SAIPD; and
b. The City has not yet adopted a final Station Community Plan for the transit district; and
c. The City has not yet adopted final station area development standards applicable to transit districts.
C. Development standards. Except as exempted in Subsection D of this Section:
1. New retail commercial, office and institutional buildings located at or near a major transit stop and along a transit street or a street intersecting a transit street shall have their building entrances oriented towards the transit street or the street intersecting the transit street. A building entrance is oriented toward a transit street or an intersecting street if it is directly located on the transit street or the intersecting street or if it is linked to the transit street by an on-site pedestrian connection.
a. If the site has frontage on more than one transit street, or on both a transit street and a street intersecting the transit street, the building shall provide a building entrance oriented to a transit street, to the intersecting street, or to the corner where the two transit streets or a transit street and the intersecting street intersect.
b. For building facades of 300 feet or more in length and located on a transit street, two or more building entrances shall be provided. If the Planning Director determines, based on evidence received from an applicant, that the internal operational characteristics of a building render it incapable of meeting this requirement, the Director shall waive the application of this multiple entrance requirement to that building.
c. Building entries shall conform with accessibility standards in the current Edition of the State of Oregon Structural Specialty Code, as adopted by the City of Hillsboro.
2. New retail, office and institutional buildings shall provide pedestrian connections that:
a. Connect building entrances with streets adjoining the site;
b. Connect the site with adjoining properties except where impracticable as provided in Section VIII.D.; and
c. Connect the on-site circulation system to existing or proposed streets, pedestrian walkways and driveways that abut the property. Where adjacent properties are undeveloped but have the potential for redevelopment, streets, pedestrian/bicycle accessways and pedestrian walkways shall be laid out or stubbed to allow for extension to such adjacent properties.
3. Building entrances shall be well lighted and visible from the transit street. The minimum lighting level for building entries shall be four (4) foot-candles. The source of lighting at building entrances shall be shielded to reduce glare. Lighting shall conform with the approved exterior lighting plan for the development required under Section IV.G. of this Ordinance.
4. Building entrances on a transit street, a street intersecting a transit street or a pedestrian plaza shall protect pedestrians from the rain and sun by continuous weather protection features or structures including, but not limited to arcades, roofs, porches, alcoves, porticos and/or awnings. The use of continuous, on-site weather protection features or structures between building entrances and adjacent transit streets, streets intersecting transit streets, or transit stops is encouraged.
5. All retail, commercial and office buildings, located within 30 feet of a transit street, a street intersecting a transit street, or a transit stop, shall include changes in relief on thirty five percent (35%) of their facades facing such a street or transit stop. Such changes in relief may include windows, lobbies, covered pedestrian entrances, display windows, cornices, bases, fluted masonry, combinations of such treatments, or other treatments for pedestrian interest and scale.
6. New retail, commercial, office and institutional buildings located at (within 200 feet) a major transit stop shall provide the following:
a. Either locate buildings within 20 feet of the front property line closest to the transit stop, the transit street or a street intersecting the transit street, or provide a pedestrian plaza at the transit stop or a street intersection. As used in this provision, "pedestrian plaza" means a small semi-enclosed area usually adjoining a sidewalk or a transit stop which provides a place for pedestrians to sit, stand or rest. They are usually paved with concrete, pavers, bricks or similar material and include seating, pedestrian scale lighting and similar pedestrian improvements. Low walls or planters and landscaping are usually provided to create a semi-enclosed space and to buffer and separate the plaza from adjoining parking lots and vehicle maneuvering areas. Plazas are generally located at a transit stop, building entrance or an intersection and connect directly to adjacent sidewalks, walkways, transit stops and buildings. A plaza including 150-250 square feet would be considered "small".
b. A reasonably direct pedestrian connection between the transit stop and building entrances on the site;
c. A transit passenger area accessible to disabled persons which complies with the requirements of Chapter 11 of the current Edition of the State of Oregon Structural Specialty Code , as adopted by the City of Hillsboro;
d. An easement or dedication for a passenger shelter within the site if requested by the transit provider; provided, however, that any such required easement or dedication shall have a clear nexus with and be proportional to the scale, intensity and anticipated amount of transit ridership reasonably expected to be generated from the building; and
e. Lighting of the transit stop.
7. Off-street parking spaces within a development site shall comply with the minimum number of spaces required for the particular use as specified in Section 84 of this Ordinance.
a. The required 20 foot building setback from the front property line shall contain no off-street parking. However, a single vehicle circulation lane within the setback area may be permitted if there is no practicable alternative and if crossing walkways are designed to ensure safety for pedestrians. Automobile parking lots on corner lots shall not be located adjacent to intersections.
b. The development site plan for surface parking lots which exceed the applicable minimum parking requirements in Section 84, Table A of this Ordinance shall indicate how areas in the parking lot containing such excess parking spaces may be modified in the future to accommodate future development on the site . However, development site plans for future development use of excess parking spaces may not be the basis for denying an applicant's development review permit application.
c. The Planning Director may reduce the minimum required off-street parking up to 30 percent if an applicant demonstrates, through a parking study prepared by a traffic engineer licensed by the State of Oregon, that use of transit and/or special characteristics of the customers, clients, employees or the resident population in the development will reduce expected vehicle use and parking space demand generated from the development as compared to standard Institute of Transportation Engineers vehicle trip generation rates and minimum City parking requirements.
8. If a requirement of this Section conflicts with other applicable requirements in this Ordinance, the requirements of this Section shall control; provided, however, that the requirements of Section 135 shall control to the extent they conflict with the requirements of this Section, and that Section 135 is in full force and effect.
D. Exemptions. The following permitted uses are exempted from meeting the requirements of Section 133(VII):
1. Car washes.
2. Commercial parking facilities, excluding commercial parking structures within 400 feet of a proposed or existing light rail station.
3. Golf courses.
5. Heavy equipment sales.
6. Manufactured home sales.
7. Motor vehicle service stations, excluding convenience stores associated therewith.
8. Motor vehicle service, maintenance and repair facilities, including oil and lubrication services, tire and muffler installation and service, body shops or other motor vehicle services, but excluding retail or wholesale outlets selling motor vehicle parts and accessories without providing for on-site installation.
9. Motor vehicle, recreational vehicle, boat or travel trailer sales, leasing, rental or storage.
10. Solid waste transfer stations.
11. Truck stops.
IX. Special standards for pedestrian/bicycle accessways .
A. Purpose. Pedestrian/bicycle accessways are intended to provide safe and convenient connections within and from new multi-family developments, planned unit developments, shopping centers and commercial districts to adjacent and nearby residential areas, transit stops and neighborhood activity centers where public street connections between such uses for automobiles, bicycles and pedestrians are unavailable. Pedestrian/bicycle accessways shall only be used in areas where such public street connections are unavailable or impracticable or inappropriate as determined by the Planning Director.
B. When required. Pedestrian/bicycle accessways shall be provided in the following situations:
1. Within developments in which full street connections are not possible, bicycle and pedestrian connections on public easements or rights-of-way shall be provided with spacing of no more than 330 feet between connections except where barriers such as topography, railroads, freeways, pre-existing development, or regulations implementing Title 3 of the adopted Metro Urban Growth Management Functional Plan or City Goal 5 Resource Protection requirements prevent their construction. (Added by Ord. No. 4902/5-00.)
2. Accessways are required between discontinuous street rights-of-way; through mid-block locations where blocks are longer than 1000 feet; or where the lack of street continuity creates inconvenient or out-of-direction travel patterns for local pedestrian or bicycle trips.
3. In all residential districts, accessways shall be included:
a. To provide reasonably direct access to nearby neighborhood activity centers, transit trunk routes and other transit facilities.
b. Where practicable, to provide reasonably direct access to other adjacent developments and to adjacent undeveloped property likely to be subdivided or otherwise developed in the future.
c. To provide reasonably direct connections from cul-de-sacs and internal private drives to the nearest available street or neighborhood activity center.
d. To provide reasonably direct connections from cul-de-sacs or local streets to arterial or collector streets.
4. In nonresidential districts, accessways shall be included:
a. To connect with all existing or approved accessways which abut the site, or to provide future connection(s) to abutting underdeveloped and undeveloped properties.
b. To provide reasonably direct access to nearby neighborhood activity centers, transit trunk routes and other transit facilities.
c. To provide reasonably direct connections from cul-de-sacs to the nearest available street or neighborhood activity center.
C. Development standards.
1. Wherever practicable, the entry points of required accessways shall align with pedestrian crossing points along adjacent streets and with adjacent street intersections.
2. The length of pedestrian/bicycle accessways between public streets shall not exceed 300 feet. Such accessways shall be free of horizontal obstructions and have a nine (9) foot, six (6) inch high vertical clearance. To safely accommodate both pedestrians and bicycles, the right-of-way widths of such accessways shall be as follows:
a. The accessways shall have a minimum 15 foot wide right-of-way with a minimum 10 foot wide paved surface. Where site conditions are favorable, the City may approve, where technically feasible and appropriate, the use of pervious surfacing techniques and habitat friendly development techniques and practices as described in Section 131B. (Amended by Ord. No. 5729/3-07)
b. If an accessway also provides secondary fire access or a public utility corridor, its right-of-way width shall be at least 20 feet with a minimum 15 foot wide paved surface.
3. Accessways shall be direct with both end points of the accessway always visible from any point along the accessway.
4. To enhance pedestrian and bicycle safety, accessways shall be lighted. Accessway lighting shall be provided by the developer and shall comply with applicable lighting standards established by the City Engineer. Lighting shall be provided at each entrance to an accessway and may also be required at intermediate points along the accessway as may be deemed necessary for public safety by the City Engineer.
5. Wherever practicable, accessways shall have a maximum slope of five (5) percent and shall avoid the use of stairways as part of the accessway.
6. The Planning Director may require accessway fencing and screening along adjacent property lines by:
a. A thick vegetation screen at least 42 inches high with an additional four (4) feet high evergreen vegetation screen; or
b. A minimum five (5) foot high fence with a row of three (3) to four (4) foot high evergreen shrubs or climbers planted along the fence; if a wooden fence is used, then the fence shall be constructed with pressure-treated structural members including a pressure treated cap; or
c. If there is an existing fence on private property adjacent to the accessway, a four (4) foot high evergreen vegetative screen.
d. In satisfying the requirements of this Section, evergreen plant materials that grow over four (4) feet in height shall be avoided. All plant materials shall be of a low maintenance variety and shall be reviewed and approved by the Planning Director. Plants used as a thick vegetation screen shall reach 42 inches in height within three years of planting without irrigation.
7. Accessways shall be designed to prohibit motorized traffic within their rights-of way. Curbs, removable lockable posts and bollards may be used to prevent the entry of such traffic into accessways.
8. Accessway surfaces shall be paved with all weather materials and designed to drain stormwater runoff from the paved surfaces of the accessways.
9. In parks, greenways or other natural resource areas, accessways may be approved with a five (5) foot wide gravel path with wooden, brick or concrete edgings.
D. Exceptions. In addition to Section VIII(A), an exception to the accessway requirement established by this Section (VIII) may be granted by the Planning Director where the Planning Director determines that construction of a separate accessway would not be feasible or practicable due to evidence of physical or jurisdictional constraints received by the Director. Such evidence may include but is not limited to:
1. That other federal, state or local requirements prevent construction of an accessway.
2. That steep slopes, wetlands or other bodies of water, freeways, railroads, or other physical or topographic conditions make an accessway connection impracticable.
3. That the accessway would cross an area affected by an overlay district in a manner incompatible with the purposes of the overlay district.
4. That buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment.
5. That the accessway would terminate at the urban growth boundary.
6. That 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.
E. Ownership, liability and maintenance of accessways. To enable access and allow maintenance over time for all pedestrian/bicycle accessways, the Planning Director can require one of the following:
1. That the accessways be dedicated to the public and accepted by the City as public right-of-way prior to the final approval of the development; or
2. That approval of the development shall be contingent upon granting to the public access easements to such accessways; or
3. That the developer incorporate the accessway into recorded easements or tract(s) of common ownership which specifically requires the property owners and future property owners who are subject to such easements or are owners of such tracts to provide for the ownership, liability and maintenance of the accessway.
X. Variances and Appeals. (Added by Ord. No. 5778/8-07.)
The Planning Director’s decision to approve, approve with conditions, or deny an application for Development Review may be appealed to the Planning Commission, within 15 days after the date of mailing of the Director’s decision, by filing written notice with the City Recorder. All appeals filed shall be accompanied by payment of a fee equal to one-half the fee paid for the original Development Review application.
If an appeal is filed, the Planning Commission shall hold a hearing at least for argument on the matter, and shall receive as testimony the decision of the Planning Director, together with all materials related to the application and the documentation supporting the decision. Notice of the Planning Commission hearing shall be made by the same procedure used for the Development Review application.
XI. Review and Enforcement.
Applications for development review shall be reviewed by the Planning Director as limited land use decisions. Notice of a Development Review application shall be provided by sending notices by mail not less than 14 days prior to the date of decision to owners of property situated within a 200 foot radius of the boundary of the property subject to the request,, using for this purpose the name and address of the owners as shown upon the current records of the County Assessor. Failure of a person to receive the notice specified in this Section shall not invalidate any proceeding in connection with the application for a Development Review approval.
The City building official may issue a certificate of occupancy only after the improvements required by development review approval have been completed, or a schedule for completion and a bond or other financial guarantee for their completion have been accepted by the City. If construction has not begun within one year from the date of development review approval, such approval shall expire unless an extension is requested and granted by the Planning Director.
V. Application Within Station Community Planning Areas.
Where any applicable provision of this Section conflicts with any applicable provision in Sections 135, 136, 137, 138, 139, 140, 141 or 142 of this Ordinance, the more restrictive provision shall apply.
(Section 133 Deleted and Replaced by Ord. No. 4464/8-96).