Section 134B.  Evergreen Area Special Industrial District (ESID)
(Added by Ord. No. 5833/2-08)

  1. Purpose.  Evergreen Area Special Industrial District (ESID) Zone provisions contained in this Section shall apply to and regulate land within the Evergreen Area shown on attached map Exhibit “A” upon adoption of this Ordinance and annexation of such land to the City.  The purpose of the ESID Zone Ordinance is to:

    1. Provide industrial sites and land development opportunities within the Evergreen Area that can accommodate on large and small development sites high technology and related companies and businesses and local, national and international “sustainable industries” businesses and companies (including uses that support or complement such companies and businesses).

    2. Facilitate and nurture the establishment, development and growth of a “sustainable industries” cluster and a “bio-tech/bio-medical/bio-pharmaceutical” industry cluster within the Evergreen Area.

    3. Encourage and accommodate the creation of larger industrial parcels including at least one parcel 100-acres or larger in size within Sub-area “A” of the Evergreen Area through ESID Zone provisions that facilitate land assembly consolidations to create large campus-like industrial sites.

    4. Facilitate and accommodate business clusters on smaller industrial sites within Sub-area “B” of the Evergreen Area for business start-ups, incubators and spin-offs that derive from high-tech, sustainable industries and bio-tech/bio-medical/bio-pharmaceutical industry clusters and for supporting public and private facilities and utilities.

    5. Support and implement the development goals, development program, and corresponding implementation measures described in Section 24, Evergreen Area Industrial Plan, of the Hillsboro Comprehensive Plan.  
  1. Applicability.  ESID Zone provisions apply to properties within two ESID Zone Sub-areas: “East Evergreen” – Sub-area “A”, and “West Evergreen” – Sub-area “B” as shown on attached Exhibit “A” attached to, and hereby made a part of this ESID Zone Ordinance.  Some ESID Zone provisions apply differently in Sub-area “A” than in Sub-area “B” in response to unique industrial development opportunities and constraints presented in each Sub-area.   The Official City of Hillsboro Zoning Map shall be amended to incorporate and include the attached Exhibit “A” as the official City Zoning Map only for properties in both Evergreen Area Sub-areas upon their annexation to the City.

  2. Definitions.  The industrial use category defined in this Section shall be interpreted and applied narrowly and exclusively to exclude from the ESID Zone land uses that fall under other general industrial categories not specifically listed in this Section.  However, the range and types of industry uses covered within each industrial category listed in this Section may be broadly interpreted and applied to include uses currently associated with the category by recognized industry classification systems and new kinds of uses that may evolve in the future from businesses in that category.  As used in the application and enforcement of this ESID Zone Ordinance:
    1. “Sustainable Energy and Environmental Businesses” means and includes industrial businesses and land uses engaged in the research and design or development, manufacturing, processing, marketing (and combinations of such activities) of products or services associated with local, national and international sustainable energy and environmental industries.  Such businesses include, but are not limited to large and small firms and companies engaged in high technology research and products development and manufacturing; solar and wind energy products and parts manufacturing; and, other high-tech and sustainable industry operations. These businesses usually require parcels of various sizes, especially large parcels (e.g., 50 – 100 or more acres in size), to accommodate vertically-integrated business operations, entirely within a single business site.

    2. “Biotech Campus” means and includes industrial businesses and land uses engaged in research and design or development, manufacturing and processing, marketing (and combinations thereof) of bio-technology, bio-medical, bio-pharmaceutical business products or services and like-kind businesses. Biotech campuses usually require medium-sized parcels (35 – 50 or more acres in size).

    3. “Industrial Incubators, Start-ups and Spin-offs Business Parks” means and includes small-to-medium sized specialized business parks that contain (within leased, building spaces) a mix of small, emerging industrial companies that evolve from, or support the established, larger high tech, sustainable industries and bio-tech companies nearby.  Typical business parks present a unifying brand and image controlled by project covenants or conditions and restrictions (CC&Rs).  Some Business Parks may provide raw industrial building space, while others may provide industrial flex building spaces. Leased spaces often contain combined business office and product production operations.  These types of business parks usually require medium-sized parcels (20 – 40 acres in size).

    4. “Industry Research & Development (R&D) Parks” means and includes industrial R&D business parks that primarily provide industry flex-space developments for vertically-integrated research and development businesses and research laboratories that develop new products and/or industry technologies in smaller campus-like projects. Industry Business Parks, R& D Parks also usually require small-to-medium sized parcels (20 – 30 acres in size).

    5. “Industry Suppliers” means and includes businesses that manufacture, process, distribute or provide production materials, parts, product components and business services used by local high tech, sustainable industry and bio-tech businesses in the Portland Region.  They include, but are not limited to suppliers of test equipment, uniforms and linens, lab supplies, sub-components and circuit boards, and packaging materials.  Industry suppliers usually require smaller-sized parcels (10 – 20 or more acres in size).

    6. “Support Commercial Services” means and includes a clustering within a single development project of support commercial retail uses and professional services that directly and primarily serve the daily commerce needs of businesses and employees in the immediate surrounding industrial area.  Such a building cluster may not contain more than 50,000 sq. ft. of total structural or building floor area, and the total floor area within such a building cluster that may be allocated to a single use, tenant or business to be located within the building may not exceed 20,000 sq. ft. of floor area. Typical uses include food services and restaurants, banking, convenience shops, child care facilities, automated businesses support services and like-kind limited retail and professional business services.  A support commercial service cluster usually requires a small geographic land area (not more than 5 - 10 acres of land) located to be both visible to drive-by traffic and within reasonable walking or driving distance to/from businesses and employees in the surrounding industrial area. Free-standing, single user commercial retail uses or professional offices do not fall within this land use category and are not permitted in the ESID Zone.

    7. “Distribution Businesses” are industries that require good access to the transportation network, via Highway 26, in order to deliver goods throughout the region. 

    8. “Lot of Record” means any lot or parcel of property described on Washington County Tax Maps on the date of annexation of the lot or parcel of land to the City of Hillsboro.

    9. “Contiguous Lots of Record in Common Ownership” means all contiguous lots or parcels which are either owned by a single individual or entity at the time land is placed in this district or which are thereafter acquired by a single individual or entity.

    10. “Pre-Existing Use” means any lawfully created use or structure established and in existence on the date of adoption of this ordinance.
  1. Standards.  All land uses, land development and lot partition and lot development requirements within the ESID Zone shall comply with the standards contained in Sections D. and E. of this ESID Zone Ordinance and the standards of the M-P Industrial Park Zone of Hillsboro Zoning Ordinance specifically identified or referenced in this ESID Ordinance.  All land uses, land development and lot partition and lot development requirements within the ESID Zone shall also be subject to review and approval under Section 133, Development Review/Approval, of the Hillsboro Zoning Ordinance:
    1. Land Use.  Land uses, new development and redevelopment within the ESID Zone shall be allowed and shall occur in accordance with the following requirements:

                             

    1. Permitted land uses: 

 

Sub-area “A”: East Evergreen 

Permitted uses within Sub-area “A”: East Evergreen shall be limited to kinds of land uses described in the following Industrial use categories as defined in Section C. of this ESID Zone Ordinance:

(1)   Sustainable, Environmental, and Energy Businesses

(2)   Biotech Campus

(3)   Industry Research & Development (R&D) Parks

(4)   Industrial Incubators, Start-ups and Spin-offs Business Parks

(5)   Support Commercial Services [described in Section D.1.d. of this Ordinance]

(6)    Transportation facilities, including public improvements for streets, transit, parking, and bicycle and pedestrian facilities

(7)    Public service or utility uses and facilities

(8)   Other uses similar in type and character to the permitted use categories in Sub-area “A” as determined by the Planning Director pursuant to Section 117 of the Hillsboro Zoning Ordinance if proposed to be developed on properties less than twenty five (25) acres in land area, and by the Planning Commission if proposed to be developed on properties containing twenty five (25) or more acres in land area.

 

Sub-area “B”: West Evergreen

Permitted uses within Sub-area “B”: West Evergreen shall be limited to the kind of land uses described in the following Industrial use categories as defined in Section C. of this Ordinance:

(1)    Sustainable, Environmental, and Energy Businesses

(2)    Biotech Campus

(3)    Industry Research & Development (R&D) Parks

(4)    Industrial Incubators, Start-ups and Spin-offs Business Parks

(5)    Distribution Businesses

(6)    Industry Suppliers

(7)    Support Commercial Services [described in Section D.1.d. of this Ordinance] 

(8)    Transportation facilities, including public improvements for streets, transit, parking, and bicycle and pedestrian facilities

(9)    Public service or utility uses and facilities

(10)  Other uses similar in type and character to the permitted use categories in Sub-area “B” as determined by the Planning Director pursuant to Section 117 of the Hillsboro Zoning Ordinance if proposed to be developed on properties less than twenty five (25) acres in land area, and by the Planning Commission if proposed to be developed on properties containing twenty five (25) or more acres in land area.


  1. Conditional uses:

Only the following Conditional Land Uses may be permitted within the ESID Zone when proposed, processed, approved and developed in accordance with the provisions Sections 78 to 83 of the Hillsboro Zoning Ordinance and Section 133, Development Review/Approval, of the Zoning Ordinance:

(1)    Transit Park and Ride

(2)    Radio transmission facilities

  1. Excluded uses:

Unless a use is permitted outright or as a conditional use, or is determined to be permissible by the Planning Director or the Planning Commission in accordance with the provisions of this ESID Zone Ordinance, the use shall be excluded from, and may not be permitted to develop within the ESID Zone. 

  1. Special Provisions for Support Commercial Services uses:

(1)  At least one million (1,000,000) total square feet of building floor area of permitted industrial development within Sub-area “A”, and at least one-half million (500,000) total square feet of building floor area of permitted industrial development within Sub-area “B”, must first be approved by the City (as documented by building permits issued for industrial projects) before the City may consider and approve the development within Sub-area “A” and Sub-area “B”, respectively, of a support commercial service use permitted under Section C.6. of this ESID Ordinance. *

(2)  Development of the support commercial service use will require an amendment to the Evergreen Area Plan Map, City zone change, and City Development Review approval of the proposed use. 

(3) Specific retail and professional service uses to be included within a proposed Support Commercial Services development shall be consistent with the kinds of uses described in Section C. of this ESID Zone Ordinance which defines “Support Commercial Services”.  If a question arises whether a proposed retail or professional service use is consistent with that definition, the Hillsboro Planning Director shall issue a written determination of consistency of the proposed use with the definition of “Support Commercial Services” pursuant to the Section 117 of the Hillsboro Zoning Ordinance.  The Director’s determination shall be based on documents that describe how the proposed retail or professional service use satisfies the definition.  The documents shall be compiled and submitted to the director by the party seeking City approval of the proposed support commercial services use.

(4) The land area to be occupied by proposed Support Commercial Services use may not contain more than ten (10) net acres of developed land.

    1. Pre-Existing Uses:

    Any lawfully created use of any building, structure or land existing at the time of adoption of this ESID Zone Ordinance may continue to operate and may expand to add up to 20 percent (20%) more floor area and ten percent (10%) more land area.

    1. Lot Size.
    1. Sub-area “A”: East Evergreen:

             

(1)  Industrial developments allowed by this ESID Zone Ordinance within Sub-area “A” shall have a minimum lot size of 50-acres.  All other lots of record or contiguous lots of record in common ownership within the ESID Zone smaller than 50-acres in size may contain any business or use described in Section D.1.a. of this Ordinance . ** 

(2)  Subdivision of parcels within Sub-area “A” will be permitted for lots larger than 50-acres in size so long as the resulting land division creates one lot or parcel of at least 50-acres and the remaining lot(s) created contains at least one parcel of 25-acres of contiguous land.

 

      1. Sub-area “B”: West Evergreen:

(1)  Industrial developments allowed by this ESID Zone Ordinance within Sub-area “B” shall have a minimum lot size of 10-acres. All other lots of record or contiguous lots of record in common ownership within the ESID Zone smaller than 10-acres in size may contain any business or use listed in Section D.1.a. of this ordinance.

(2)  Subdivision of parcels within Sub-area “B” will be permitted for lots larger than 10-acres in size so long as the resulting land division creates one lot or parcel of at least 10-acres and the remaining lot(s) contains at least one parcel of 5-acres of contiguous land.

  1. Implementing the City Transportation System Plan.  

The required minimum lot sizes for Sub-areas “A” and “B” may be reduced in size to the extent necessary to allow the dedication and/or construction of public collector or arterial roadways necessary to implement Section 13: Transportation of the Hillsboro Comprehensive Plan.

  1. Natural & Hazard Areas.  The required minimum lot sizes for Sub-areas “A” and “B” may be reduced in size to the extent made necessary by the presence on the lot(s) of a natural area, flood hazard area or other resource or hazard designation restricting development pursuant the provisions of the Hillsboro Comprehensive Plan or Zoning Ordinance; or for the sole purpose of segregating common or public ownership of natural areas, flood hazard areas or other natural resource or hazard areas within an industrial park.
     
  1. Land Development Standards.  The following M-P District provisions shall apply to all developments within the ESID Zone unless modified by the Planning Director as a result of Development Review to achieve improved project design, protect or enhance significant natural resources, achieve public infrastructure efficiencies and economies of scale or other practicable project development solutions.
    1. Setback Requirements.  The yard setback requirements set forth in Section 68 of the Hillsboro Zoning Ordinance shall apply. 

    2. Height of Buildings.  The building height limits and standards set forth in Section 69 of the Zoning Ordinance shall apply.

    3. Lot Coverage.  The maximum lot coverage standard in Section 70 of the Zoning Ordinance shall apply.

    4. Off-Street Parking and Loading.  The off-street parking and loading standard in Section 71 of the Zoning Ordinance shall apply.

  1. Performance Standards.  The land and structure use and development performance standards in Section 72 of the Zoning Ordinance shall apply.  In the ESID Zone, as a condition for granting of a building permit, it shall be agreed that, upon request of the City, information sufficient to determine the extent of compliance with the performance standards in Section 72 shall be furnished by the owner of the property to which the building permit was granted or all successors and assignees of the owner.  Such requests may include a requirement for continuous records of operation likely to violate the standards, for periodic checks to assure maintenance of standards, of for special surveys in the event a question arises regarding compliance with Section 72 performance standards.

Development within properties situated in Sub-area “A”, the “East Evergreen” Area and Sub-area “B”, the “West Evergreen” Area shall comply with Airport Safety and Compatibility Overlay Zone (Section 135B) requirements pertaining to the height of structures; smoke, glare, dust, wildlife attractants, and electronic emissions and interferences; and, construction of public or private facilities or infrastructure in locations that may create hazardous or safety conflicts with the safe landing and departure of aircraft from the Hillsboro Airport.

  1. Development Review Standards.  All developments within the ESID Zone are subject to, and shall comply with the development standards and procedures set forth in Section 133, Development Review/Approval of Plans, of the Hillsboro Zoning Ordinance:
    1. The Planning Director shall review and may approve each proposed development within the ESID Zone in accordance with the review standards and procedures prescribed in this ESID Zone Ordinance and in Section 133 of this Zoning Ordinance.  If the provisions of this ESID Zone Ordinance and Section 133 are inconsistent or conflict as applied to any proposed development, the provisions of the ESID Zone Ordinance shall apply and control.

    2. Within the ESID Zone, final development plans for any proposed land use to be built or site alteration to take place on a lot of record or contiguous lots of record in common ownership within the ESID Zone shall comply with the applicable provisions of Section 133.

    3. Any subdivision of lots and parcels within this ESID Zone shall comply with the applicable provisions of this ESID Zone Ordinance and the City of Hillsboro Subdivision Ordinance.   If the provisions of this ESID Zone Ordinance and the City Subdivision Ordinance are inconsistent or conflict as applied to any proposed development in the ESID Zone, the provisions of the ESID Zone Ordinance shall apply and control.

(Added by Ord. No. 5833/2-08)

*This provision limiting the development of retail commercial and professional offices only to one (1) site in Sub-area “A” and one (1) site in Sub-area “B” that may not exceed 10-acres in size and must include retail and offices uses demonstrated to directly and primarily serve the daily needs of immediately surrounding industrial businesses and employees is intended to accommodate and achieve the intent and objectives of applicable Metro Urban Growth Management Functional Plan Title 4 restrictions on large retail commercial, professional offices and Title 4 Regionally Significant Industrial Area (RSIA) requirements.

** This 50-acres minimum lot size standard for industrial developments and 50-acres lot-creation subdivision standard established by Subsection D.2.a.(1) and D.2.a.(2) for Sub-area “A” are intended to:

  1. Encourage and facilitate parcel aggregations and consolidations into several large lots within Sub-area “A” containing at least 50-acres and, therefore, better accomplish an Evergreen Area UGB Condition of Approval requiring the establishment of one 100-acre industrial lot within the Evergreen Area; and,

  2. Address ORS 197.352 (Ballot Measure 37) considerations.