Supplementary Provisions

Section 87.   Zone Boundaries.   Unless otherwise specified, zone boundaries are lot lines, the center line of streets, and railroad rights-of-way, or such lines extended.   Where a zone boundary divides a lot between two zones, the entire lot shall be placed in the zone that accounts for the greater area of the lot by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than 20 feet.

Section 87A.   (Deleted by Ord. No. 4213/3-94.)

Section 88.   General Provisions Regarding Accessory Uses.   Accessory uses shall comply with all requirements for the principal use except where specifically modified by this Ordinance and shall comply with the following limitations:

(1) Fence and hedge regulations.

(a) Fences in single-family residential zones within the City shall not exceed six feet in height except where they abut a multi-family, commercial, or industrial zone.  Soundwalls installed adjacent to light rail facilities, pursuant to the March 1994 Final Environmental Impact Statement:  Hillsboro Extension of the Westside Corridor, shall be exempt from the fence height restrictions of this Section.  (Amended by Ord. No. 4300/12-94.)

(b) Fences shall not exceed three and one-half (3½) feet in height within any front yard setback and shall not conflict with vision clearance requirements.  On corner lots, location of and height of a fence shall be determined by the City Planning staff upon application, and any staff decision may be appealed to the City Planning Commission either by the applicant or by an aggrieved party.  (Amended by Ord. No. 2579/7-73.)

(c) It shall be unlawful for any person, firm, or corporation to construct or move a fence or part thereof without first applying for and obtaining a permit therefore, and the application shall state the height and location of said fence with respect to the property.  Said application shall be accompanied by fee, as set in Section 129, to cover the cost of issuing said permit and supervising the construction thereof.  (Amended by Ord.  Nos.  2533/10-72; and 3320/5-82.)

(2) A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.   

(3) Subsection 3 deleted by Ord. No. 5778/8-07.)

(3)  Regardless of the side and rear yard requirements of the zone, in a residential zone a side or rear yard may be reduced to three feet for an accessory structure erected more than 65 feet from a street other than an alley, provided the structure is detached from other buildings by six feet or more and does not exceed a height of ten (10) feet, nor an area of 450 square feet measured at the outermost points of the foundation or supports.  Eaves on accessory structures shall not extend closer than two feet from the property line.

The 10-foot height of an accessory structure eligible for reduced setbacks as described in this section shall be measured from grade to the mid-point between the roof peak and the roof eave.   (Amended by Ord. No. 5778/8-07.)

Section 88A.   Accessory Dwellings:

(1) Purpose .   The purpose of this section is to allow for establishment of an accessory dwelling in conjunction with a detached single family dwelling.   Specifically, accessory dwellings provide opportunities to:

a. Accommodate additional density in existing neighborhoods with minimum cost and disruption to surrounding neighborhoods;

b. Allow for more efficient use of existing housing stock and infrastructure;

c. Provide a mix of housing that responds to changing family needs and smaller households;

d. Allow residents, particularly seniors, single parents and families with grown children to remain in their homes and neighborhoods;

e. Provide a broader range of housing type and cost; and

f. Insure that accessory dwellings are architecturally compatible with the primary structure with which the accessory dwelling is associated.

(2) Occupancy restriction. An accessory dwelling unit shall not be occupied by more than three (3) related or unrelated persons.

(3) Where these regulations apply.   An accessory dwelling may be added to a detached house in any R zone and in the A-1 Duplex Residential zone.

(4) Development Standards.   Building permit applications for not more than one accessory dwelling unit per existing primary single family dwelling shall be approved if the applicant shows compliance with the following criteria and standards:

a. Approval criteria.

1. Creation.   An accessory dwelling may be created only through the following methods:

(a) Converting floor area in an existing dwelling or garage;

 

(b) Adding floor area to an existing dwelling or garage;

 

(c) Constructing a detached accessory dwelling on a site with an existing detached house; or

 

(d) Constructing an internal or detached accessory dwelling unit in conjunction with construction of a new detached house.

2. Limitation.   No more than one accessory dwelling unit is permitted per lot, for a total of two dwelling units per lot.

3. Parking.   All parking must meet the requirements of Section 84.   Off-Street Parking .

4. Minimum size.   The size of an accessory dwelling unit shall be no less than 250 square feet.

5. Maximum size.   The size of an accessory dwelling unit shall be no more than 750 square feet.

6. Code compliance.   An accessory dwelling shall comply with applicable building, fire, health and safety codes.

7. Placement.

(a) An accessory dwelling created pursuant to Subsection 3.a.1 (a) or 3.a.1 (b) shall be located in conformance with the existing requirements for the primary residence including, but not limited to building height, lot coverage and setback and side yard requirements.

 

(b) A detached accessory dwelling unit created pursuant to Subsection 3.a.1 (c) may be located within 5 feet of a side or rear property line provided that it meets the requirements for an accessory structure as specified in Section 88(4).   Detached accessory dwellings not meeting the accessory structure requirements of Section 88(4) shall meet the placement requirements of an attached accessory dwelling as specified in 7(a) above.

 

(c) An accessory dwelling unit connected to the primary residence by an architectural or structural connection between the dwellings such as a breezeway shall not be considered a detached accessory dwelling unit.

 

(d) Detached accessory dwellings and accessory dwellings attached by a breezeway shall be located to the rear of the primary residence such that they are not clearly visible from the street.

8. Entrance.   Only one entrance to the primary residence may be located on the front façade facing the street unless the residence contained additional from door entrances before the accessory dwelling unit was created.   An exception to this is entrances that do not have access from the ground such as entrances from balconies or decks.

b. Architectural Standards.   Accessory dwelling units shall comply with the following standards:

1. Exterior finish materials.   The exterior finish material shall be the same or visually match in type, size and placement of the exterior finish of the primary residence.

2. Roof pitch.   The roof pitch shall be the same as the predominant roof pitch of the primary residence.

3. Eaves.   Eaves shall project from the building walls the same distance as eaves on the primary residence.

4. Windows.   Windows shall match those in the primary residence in proportion (relationship of width to height) and orientation (horizontal or vertical).

5. Trim.   Trim shall be the same in type, size and location as the trim used on the primary residence.

(5) Development Review Required.  Construction of an accessory dwelling shall be subject to the requirements of Section 133 Development Review / Approval of Plans.  (Amended by Ord. No. 5778/8-07.)

(Section 88A Added by Ord. No. 4902/5-00; Amended and renumbered by Ord. No. 5667/9-06.)

Section 89.   Authorization of Similar Uses.   The Planning Commission may rule that a use not specifically named in the allowed uses of a zone shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses.   However, this Section does not authorize the inclusion in a zone where it is not listed of a use specifically listed in another zone.

Section 90.   Projections from Buildings.   Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar non-load-bearing architectural features may not project more than two feet into a required yard or into open space as established by coverage standards, except as provided in subsections a) and b).    (Amended by Ord. No. 2596/8-73; and 5778-07.)

a)  Non-load-bearing architectural features may not project more than four feet into the required front or rear yards of all dwellings located within the single family and duplex zones.  However, non-loading architectural features on accessory structures having reduced setbacks are subject to the restrictions in Section 88 (3).  (Amended by Ord. No. 5778/8-07.)

b)  Under the provisions of adopted Development Standards and Design Guidelines, the Planning Commission may approve load-bearing architectural projections into side yard setbacks during review of subdivisions or Planned Unit Developments of eight lots or more.  (Added by Ord. No. 5778/8-07.)

Section 91.   Maintenance of Minimum Ordinance Requirements.   No lot area, yard, or other open space or required off-street parking or loading area existing on or after the effective date of this Ordinance shall be reduced in area, dimension, or size below the minimum required by this Ordinance, nor shall any lot area, yard, or other open space or off-street parking or loading area which is required by this Ordinance for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use except as provided in Section 86 (4).

Section 92.   General Exception to Lot Size Requirements.   If, at the time of passage of this Ordinance, a lot or the aggregate of contiguous lots held in single ownership has an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright or a conditional use allowed in the zone subject to the other requirements of the zone and provided, if there is an area deficiency, residential use shall be limited to a single-family residence.   (Amended by Ord. No. 3471/6-84.)

Section 93.   General Exceptions to Yard Requirements.

(1) Except for that portion of the setback which is listed in Subsection (2) of this Section, the following exception to the front yard requirement for a dwelling is authorized for a lot in any zone: If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.   If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.

(2) To permit or afford better light, air, and vision on more heavily traveled streets and on streets of substandard width; to protect arterial streets; and to have the location of structures compatible with the need for the eventual widening of streets, a yard shall be provided abutting streets and portions of streets hereinafter named which shall be greater than the required yard dimension specified in the zone by the number of feet set forth below in the right-hand column, measured at right angles to the center line of the street, and unless otherwise described, measured from the center line of the street as constructed and improved with a hard surface pavement, or where not paved, from the center line or general extension thereof of the street right-of-way.

                Street                                                                                                                  Feet

(a) S.E. 11th Avenue

     from S.E. Walnut Street to 90 feet south of S.E. Alder Street   ..............................  30

(b) S.E. 11th Place

                from S.E. Maple Street to S.E. Walnut Street   ....................................................   30

(c) S.E. 12th Avenue

                from S.E. Maple Street to East Main Street

                and from S.E. Elm Street to S.E. Walnut Street   ..................................................   30

(d) S.E. 15th Avenue

     from 400 feet north of S.E. Oak Street to S.E. Walnut Street ,

               and from 50 feet south of S.E. Alder Street north 510 feet   ................................      30

 

(e) S.E. 16th Avenue

     from S.E. Oak Street to S.E. Walnut Street and

     from 50 feet south of S.E. Alder Street north 510 feet   .....................................       30

 

(f) S.E. 26th Avenue

    from East Main Street to Trinity Park   ...............................................................        30

 

(g) S.E. 32nd Avenue

     from East Main Street south to City boundary   .................................................         30

 

(h) S.E. 40th Avenue

     from S.E. Bentley Street to S.E. Ash Street   .....................................................         30

 

(i) S.E. Alder Street

    from S.E. 11th Avenue to S.E. 21st Avenue   .....................................................         30

 

(j) S.E. Ash Street

    from 350 feet west of S.E. 40th Avenue eastward to city boundary   .................           30

 

(k) S.E. Bentley Street

     from S.E. 32nd Avenue east to city boundary   .................................................          30

 

(I) S.E. Cedar Street

    from S.E. 32nd Avenue east to city boundary   ..................................................          30

 

(m) S.E. Currin Drive

    from S.E. River Road to city boundary   ...........................................................           30

 

(n) S.E. Currin Lane

    from S.E. River Road to city boundary   ............................................................          30

 

(o) S.E. Elm Street

    from S.E. 12th Avenue west 225 feet   ..............................................................          30

 

(p) S.E. Jean Lane

    from S.E. River Road to city boundary   ............................................................          30

 

(q) S.E. Maple Court

    from S.E. 18th Avenue west 465 feet   ..............................................................          30

 

(r) S.E. Walnut Street

    from 50 feet east of S.E. 15th Avenue eastward to end of street   ......................           30

 

(s) S.W. Brookwood Avenue

     within City   .....................................................................................................           40

 

(t) N.E. 8th Avenue

    from North Arrington Road to 120 feet south of N.E. Queens Lane   .................           30

 

(u) N.E. 9th Avenue

     from 130 feet north of N.E. Arrington Road to 120 feet

     south of N.E. Queen's Lane   .............................................................................         30

 

(v) N.E. 10th Avenue

     from 130 feet north of N.E. Arrington Road to City boundary   ..........................          30

 

(w) N.E. 21st Avenue

      within City north of N.E. Cornell Road   ..........................................................           30

 

(x) N.E. 25th Avenue

     from East Main Street to end of road   .............................................................           30

 

(y) N.E. 28th Avenue

     from East Main Street to N.E. Cornell Road within City   ................................           40

 

(z) N.E. 37th Avenue

     from East Main Street north within city   ..........................................................           30

 

(aa) N.E. Arrington Road

     from N.E. Jackson School Road to N.E. Cornell Road   .................................           40

 

(bb) Birchwood Lane

    from N.E. Grant Street north 160 feet   ............................................................           30

 

(cc) N.E. Birchwood Terrace

    from N.E. Grant Street to N.E. Donelson Road   .............................................           30

 

(dd) N.E. Cornell Road

    from East Main Street to city boundary   .........................................................           40

 

(ee) N.E. Lincoln Street

    from Cornell Road to N.E. 12th Avenue   ........................................................           30

 

(ff) N.E. Queens Lane

    from N.E. 8th Avenue to N.E. Delsey Road   ...................................................           30

 

(gg) N.E. 279th Avenue

   from N.E. Cornell Road to city boundary   .......................................................           30

 

(hh) N.W. Brogden Street

    within city   .......................................................................................................           30

 

(ii) N.W. Forest Street

    from N.W. Connell Avenue to city boundary   ..................................................           30

 

(jj) N.W. Hyde Street

    from N.W. 273rd Avenue to N.W. 269th Avenue ( N.E. 28th Avenue )   ..........           30

 

(kk) East Main Street

    from the east line of Tenth Avenue easterly to the

    City boundary   (Amended by Ord. No. 2073/3-66.)   .....................................           40

 

(II) North Dennis Avenue

    from N.W. Garibaldi Street to N.W. Forest Street   .........................................           30

 

(mm) 11th Street Drive

    from East Main Street to N.E. 12th Avenue   ...................................................           30

 

(nn) Padgett Road

    within city   .......................................................................................................           30

 

(oo) East Main Street

    from the east line of 5th Avenue easterly

    to Tenth Avenue (Amended by Ord. No. 2073/3-66.)   ....................................           43

 

(pp) S.E. 10th Avenue

    from a point 100 feet south of the south line of S.E. Maple Street northerly to the

    south line of S.E. Oak Street (Added by Ord. No. 2754/4-76.)   ............................      40

Section 94.   Exceptions to Building Height Limitations.

(1) Except for the limitations set forth in Subsection (2) hereof, the following types of structures or structural parts are not subject to the building height limitations of this Ordinance: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, masts, aerials, cooling towers, elevator shafts, transmission towers, smokestacks, flagpoles, radio and television towers and other similar projections.

(2) In order to assure safe airport operation, no structure or structural part shall exceed height standards established for the vicinity of the Portland-Hillsboro Airport. (Amended by Ord. No. 3343/7-82.)

Section 95.   Access.   Every lot zoned R-7, R-8.5, R-10, or A-1 shall abut a public street other than an alley for a width of at least 12 feet.   When two to six adjacent single-family residential lots are proposed, then each lot must abut a public street other than an alley for a width of at least 8 feet.   When two to four adjacent lots zoned A-1 are proposed, each lot shall abut a public street other than an alley for a width of at least 10 feet.   Every lot zoned A-2, A-4, A-3, C-4, C-F, C-2, C-1, M-2 and M-P shall abut a public street other than an alley for a width of at least 25 feet.   Property abutting the end of a public street not terminating in a cul-de-sac shall not be considered as having access.   The minimum width of the access strip portion of every lot must equal the frontage requirement applicable as set forth herein.   (Amended by Ord. No. 3288/12-81.)

Section 96.   Vision Clearance.   Vision clearance areas shall be provided with the following distance establishing the size of the vision clearance area:

(1) In a residential zone the minimum distance shall be 25 feet or, at intersections including an alley, 10 feet.

(2) In all other zones except a C-2 zone the minimum distance shall be 15 feet or, at intersections including an alley, 10 feet, except that when the angle of intersections between streets is less than 30 degrees, the distance shall be 25 feet.

Section 97.   Zoning of annexed areas.  The provisions of Sections 112 to 116 of this ordinance apply to the zoning of annexed areas.  The County zoning of an annexed area continues to apply until the property is rezoned by the City Council.  The effective date of the zoning ordinance adopted by the City Council shall be no earlier than the date the annexation becomes final and effective under state law.

Upon receipt of a request for annexation, the request shall be forwarded to the Planning Commission, which shall recommend a zoning district or districts for the affected property, and identify any other zoning district or districts which would also implement the Comprehensive Plan, based on the criteria in Subsections 2(a) and 2(b) of Section 114 of this ordinance.  The Planning Commission’s recommendation shall be forwarded to the City Council for consideration in conjunction with the annexation.  Public notice of the City Council public hearing shall identify the zoning district or districts recommended by the Planning Commission and identify the other zoning district or districts which also implement the Comprehensive Plan on the affected property.  The City Council shall hold a public hearing on the zone change.  The City Council may condition the zone change consistent with Section 114 of this ordinance.  The City Council may accept the recommendation of the Planning Commission, rezone the affected area to any other zoning district or districts which implement the Comprehensive Plan, or deny the rezoning request.

Section 97A.   Preservation of Residential Density.   Building permit applications for a single-family residence (SFR) on a lot larger than 12,000 square feet shall be reviewed by the Planning Director if the lot is designated Medium, High, or Mid-Rise Density Residential.   The Planning Director shall approve the application upon demonstration by the applicant that the proposed siting of the SFR allows the opportunity for development of the remainder of the lot to the maximum density allowable under the standards of the Comprehensive Plan and the Zoning Ordinance.   (Added by Ord. No. 3451/3-84.)