Section 48A. Mixed Use Districts

(Added by Ord. No. 5435/10-04)

I. PURPOSE

Mixed Use Districts implement the city’s Comprehensive Plan, Hillsboro 2020 Vision and concepts Metro Urban Growth Management Functional Plan and the Regional Urban Growth Goals and Objectives (RUGGO) with high transit and pedestrian accessibility.  These areas are part of the Hillsboro 2020 Vision to create “third places.”  The Hillsboro Comprehensive Plan (HCP) map designates specific areas for mixed use under the MU Mixed Use Plan designation. 

There are two mixed use zoning districts which implement the MU Mixed Use Comprehensive Plan designation – Mixed Use - Commercial (MU-C) and Mixed Use - Neighborhood (MU-N). These two mixed use districts anticipate two different levels of intensity – the MU-C which allows for larger commercial and residential projects while the MU-N has an emphasis on residential and neighborhood-serving-retail uses. 

The overall purpose of these districts is to create and enhance urban neighborhoods with a variety of intermixing of uses that complement the established surrounding communities. In order to accomplish these purposes, the mixed use districts permit commercial, residential, and multiple use developments and are distinguished by differences in emphasis on primary uses and intensity of development. Mixed uses may occur vertically or horizontally. The districts also include design requirements to create active pedestrian amenities in both the MU-C and MU-N Districts. These land use districts are designed to work together to result in lively, prosperous neighborhoods that serve as attractive places to live, work, shop, and recreate.

A.  Mixed Use - Commercial District (MU-C) 

The Mixed Use - Commercial District is designed to provide for a mix of larger-scale commercial and residential uses on sites that are considerably larger than those located within MU-N zones.  Development objectives for the MU-C District are:

• Develop large-scale lots/parcels with a mix of commercial and residential uses with design amenities that provide equal accommodations for pedestrians and motorists. 
• Create a grid pattern from existing and new streets as may be established by a local street plan. 
• The street plan should provide the transportation and development framework of the area that accommodates pedestrian, bicycle, transit and automobile travel.
• Provide flexibility over the entire District to allow for a complimentary mixture of uses across the area, but not necessarily on the same parcel. 
• Limit the ground floor area of retail uses and provide for creative façade designs that reflect a more village center feel over that of a shopping center, thereby providing for a vibrant pedestrian environment.
• Use environmentally-friendly building materials, construction and landscaping techniques in all development projects that reduce energy and water usage, improve indoor air quality and more effectively manage storm water in order to provide healthier places to live, work, shop and recreate.
• Within residential and mixed use development projects provide a mix of types of dwelling units including units with age- or disability-friendly features that allow “visitability”.
• Provide “third places”, which are gathering spaces for social interaction among residents, employees and visitors which are neither “home” nor “work” within all development projects.  (Amended by Ord. 5877/8-08.)

B.  Mixed Use - Neighborhood District (MU-N)

The Mixed Use - Neighborhood District is designed to provide for a mix of small to medium scale residential uses, with minor emphasis on commercial uses, within a multi-modal environment. Development objectives for the MU-N District are:

• Allow for different types of compatible land uses close together in appropriate locations to shorten transportation trips and facilitate multi-modal development.
• Encourage infill and redevelopment of commercial, residential and mixed use development within surrounding uses.
• Allow flexibility in development standards to recognize the challenge of developing small scale mixed use buildings that are a similar scale to surrounding residential development. 
• Limit the size of any one commercial retail use to keep the scale of commercial activity appropriate to the surrounding area. 
• Support the street system and the existing street grid patterns through redevelopment and land divisions as much as possible, or use street plans as appropriate. 

II.   PERMITTED AND CONDITIONAL USES

A.   Use Table

Land uses listed in Table 48A-1 shall be allowed, conditionally allowed or not permitted in each of the Mixed Use Districts. The listed uses must be consistent with the description of the relevant district as set forth in subsection I of this Section, and may be further restricted by other subsections of this Section and other applicable standards throughout the Zoning Ordinance.

1 Subject to Density Ranges in Table 48A-2

2 Subject to Maximum Occupant on First Floor provisions in Table 48A-2

3 Subject to Definition in 48A.VI.Y 

4 Drive through facilities are only permitted within 100 feet of a roadway designated an Arterial on the City TSP and are subject to the standards contained in Section 48A.IV.C.5

5 New uses are prohibited.  Existing uses are subject to the non-conforming uses requirements in Sections 98 to 105.

6 Accessory overnight pet boarding permitted outright at veterinary clinics; permitted elsewhere only with Conditional Use approval.  Outdoor exercise areas not permitted in the MU-N or MU-C zones. (Added by Ord. No. 5960/3-11)

(Table 48A-1 Amended by Ord. 5877/8-08 and 5960/3-11.)

III.    DEVELOPMENT STANDARDS

A.     Purpose

This Section establishes clear and objective development standards with which all uses permitted in Mixed Use Districts shall comply. In the Mixed Use Districts, site development standards are used to encourage urban development with pedestrian character.  Site development standards include minimum and maximum setbacks; these create a street with a walkable character. In the mixed use districts, buildings must be close to the street to create a vibrant pedestrian environment, slow traffic down, provide a visually interesting character to the street, and encourage walking. The setback standards encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). 

(Table 48A-2 Amended by Ord. No. 5877/8-08.)

B.     Minimum and Maximum Residential Density

The minimum and maximum residential densities for the Mixed Use Districts are shown in Table 48A-2. The minimum and maximum densities for the MU-N District are expressed as dwelling units per net acre, and the minimum and maximum densities for the MU-C District are expressed as floor area ratio (FAR) per net acre. The minimum FAR for the MU-C District is 0.75. Increases in FAR above 0.75 in the MU-C District may be granted by the Planning Commission subject to the review requirements contained in Section 48A.V.E, provided that the standards contained in Table 48A-3 are met, in addition to the development and design standards contained in Sections 48A.III and 48A.IV. Two review tiers have been established for requests for increased FAR: Tier 1 has a FAR range from 0.75 to 1.49, and Tier 2 covers 1.50 FAR and greater. There is no maximum FAR for Tier 2 development projects. (Added by Ord. No. 5877/8-08.)

(Table 48A-3 Added by Ord. No. 5877/8-08.)

C.    Street Level Uses

As indicated in Table 48A-2, for residential development projects in the MU-C District, a minimum of 60% of each street frontage at street level of the projects with street frontage on arterial or collector streets shall be occupied by street-level uses subject to the standards contained in this Section, with the remaining 40% of the street frontage at street level containing residential uses and/or pedestrian or vehicular entries. The frontage of any exterior outdoor common recreation area required for residential uses shall not be counted in street frontage. The intent of these standards is to establish vertical mixed use developments, with commercial storefronts and create a vibrant pedestrian environment with plazas, ground-level public open spaces, etc. Required street-level uses shall meet the standards of this Section.

1.     The following uses qualify as required street level uses:

a)     Commercial uses, such as personal, business and consumer services, daycare for children and elderly, entertainment, art galleries, product repair or services for consumer and business goods, small scale physical fitness studios/gyms (that serve the neighborhood), and medical (medical, dental and veterinarian clinics);

b)    Eating and drinking establishments;

c)    Community service uses, such as libraries, senior centers, community centers, museums and indoor public recreation facilities;

d)    Public open space areas, such as Third Places and transit stops with shelters.

2.     In order to allow for the provision of required street level uses within buildings with frontage on arterial or collector streets, when market factors are not conducive to mixed use development projects, the ground floor level of buildings shall be constructed to allow for the future accommodation of commercial uses, and may be occupied by residential uses. The property owner or leasing agent or property manager shall provide the Planning Director with annual market reports that provide documentation of the status of the market, where it can be determined when these spaces should be actively advertised for sale or lease, so that conversion to these uses can occur.

3.     The space occupied by the required street level uses must have a minimum floor to floor height of thirteen (13) feet and extend at least thirty (30 feet) in depth at street level from the street front façade.

4.     Required street level uses must be located within ten (10) feet of the street property line or abut a public open space permitted in subsection 1(d), unless an increase in the maximum front setback is granted by the Planning Director subject to the requirements in Section 48A.III.F.4.b.

 

5.     Pedestrian access to the required street level uses shall be provided directly from the street or permitted public open space. Pedestrian entrances must be located no more than three (3) feet above or below sidewalk grade or at the same elevation as the abutting permitted public open space. (Added by Ord. No. 5877/8-08.)

D.    Lot size

There is no minimum lot size in the Mixed Use Districts. 

E.     Maximum Building Footprint

The maximum building footprint standard for the Mixed Use Districts is shown in Table 48A-2. An increase in the maximum building footprint up to 40,000 square feet may be permitted for buildings located in the MU-C District where structured parking is integrated into the building envelope, provided that:

1.     The design of the building with integrated structured parking complies with the development standards contained in Section 48A.III.I for off-street parking and the design standards contained in Section 48A.IV.5, for location and design of off-street parking including structured parking.

2.     The design of the building complies with the design standards contained in Section 48A.IV, that address building facade, building step-back and architectural design requirements. (Added by Ord. No. 5877/8-08.)

F.     Setbacks

Minimum setbacks are intended to ensure new construction occurs in a manner consistent with applicable building code, public utility easement or public open space requirements. Required maximum building setbacks are intended to complement applicable standards as a means for ensuring the placement of buildings to promote an attractive streetscape and pleasant pedestrian environment.

1.     Front Yard Setbacks.

a)     Minimum Setback. The minimum front setbacks are shown in Table 48A-2. 

b)     Maximum Setback. The maximum front setbacks are shown in Table 48A-2.  Where a MU-C zoned lot has multiple frontages, maximum setbacks shall be applied to all frontages adjacent to public rights-of-way designated Collector or Local on the City of Hillsboro Transportation System Plan as well as on private streets. Where a property located in a MU-C District only has frontage on a road designated an Arterial on the Transportation System Plan, the maximum setbacks shall apply along that frontage. Maximum setbacks shall apply to all street frontages on MU-N zoned lots. The maximum setback standard for commercial, multi-family, apartment, or mixed use buildings is met when a minimum of 75 percent of the front building façade is located no farther from the property line or future right-of-way lines than the maximum setback specified for the applicable Mixed Use District or as specified in Section 48A.III.F.4. The maximum setback standard for single family attached and detached housing, townhouses, and rowhouses is met when at least one façade, including a porch, is located no farther from the property line than the setback specified for the applicable Mixed Use District.  

2.     Rear Yard Setbacks.

a)     Minimum Setback. The minimum rear setback for all structures is shown in Table 48A-2. 

3.     Side Yard Setbacks.

a)     Minimum Setback. The minimum side yard setback for all structures in the Mixed Use Districts is shown in Table 48A-2. 

4.     Setback Exceptions. 

a)     Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, balconies, stoops, and similar architectural features may encroach into setbacks by no more than 4 feet, subject to compliance with applicable standards of the Uniform Building Code and Uniform Fire Code.  Second story bay windows, balconies, awnings, and canopies may extend up to two feet into public right-of-way upon approval by the City Engineer and Building Official. 

b)     Maximum front setbacks may be exceeded up to ten additional feet for mixed use or non-residential developments upon determination by the Planning Director that 100 percent of the additional setback would be used to provide enhanced pedestrian amenities such as plazas, arcades, courtyards, or other such usable pedestrian space as a feature of the development. 

c)     Where a public utility easement is wider than the maximum setback of the applicable district, the structure may be set back to accommodate the easement. 

d)     Where a residential garage or carport is directly accessible from a public or private street or alley, the setback to the opening of the garage or carport shall be either five feet or nineteen feet except:

• Where the setback of the dwelling unit is greater than nineteen feet, then the setback to the garage/carport shall be equal to or greater than the dwelling unit; or
  
  
• Where the garage door or carport entrance is oriented perpendicular or nearly perpendicular to the front property line, and there is sufficient distance to park in front of the garage/carport entrance without extending over the property line or the sidewalk, then the setback shall be equal to or greater than the dwelling.

e)     Where loading areas or drive through lanes are permitted between a public or private street and the associated structure, the maximum setback requirement may be exceeded to accommodate the loading area or drive through lanes. The building shall be placed as close to the street as practicable in order to accommodate the loading area and drive through lanes.

f)      Cantilevered awnings and canopies may extend into the public or private street right-of-way, upon approval of the jurisdiction having authority over the right-of-way, the City Engineer, and the Building Department.

G.    Building Height 

1.     Maximum height standards. Maximum height standards for the Mixed Use Districts are shown in Table 48A-2. For buildings where structured parking is integrated into the building envelope, the floors occupied by parking shall not be counted toward the maximum building height, provided that:

a)     The design of the building with integrated structured parking  complies with the development standards contained in Section 48A.III.I for off-street parking and the design standards contained in Section 48A.IV.5, for location and design of off-street parking including structured parking.

b)     The design of the building complies with the design standards contained in Section 48A.IV, that address building facade, building step-back and architectural design requirements.

2.     Minimum height standards. Minimum height standards for the MU Districts are shown in Table 48A-2.

3.     Within Mixed Use Districts building height is measured from native grade, four feet outside the foundation of the structure. For purposes of calculating minimum and maximum height as cited in Table 48A-2 and notwithstanding the provisions of the Oregon Building Code, a residential use “story” shall be considered to be not greater than 10 feet.  For all non-residential or mixed use buildings and parking structures, a “story” shall be considered to be not greater than fifteen feet. The maximum height shall not include the roof structure above the ceiling of the top floor of the residential living space or the commercial occupancy, provided the roof pitch does not exceed 12:12. Where construction of grade level floors includes placement of earth berms above the native grade, such grade level floors are considered stories within this standard. However, a basement is not a story if the finished floor of the basement is at least six feet below native grade. (Amended by Ord. No. 5877/8-08.)

H.    Building Height Transition

1.     Notwithstanding the setback standards provided in Section 48A.III.F, development in the Mixed Use Districts shall provide for a building height transition when adjacent to existing single family residential development which is zoned R-10 Single Family Residential, R-7 Single Family Residential, R-8.5 Single Family Residential, and R-6 Single Family Residential to provide compatible scale and privacy between developments. This requirement is that taller buildings shall “step-down” to create a building height transition to adjacent single family residential developments. 

2.     This standard applies to new and vertically expanded buildings in the MU-N and MU-C Districts within 20 feet (measured horizontally) of an existing single family residential building with a height of 30 feet or less.

3.     This standard is met when the height of the taller building (x) does not exceed one foot of height for every one foot separating the new building from the existing single family residential structure (y) as shown in Figure 48A-2. 

 

Figure 48A-2

Building Height Transition

I.      Off Street Parking and Loading

1.     Off-Street Parking and Loading Standards. Off-street parking and loading for development in the MU-N District shall be developed in accordance with Sections 84 to 86 of this ordinance, except as modified in this Section. In the event of conflict, the parking standards contained in this Section shall control. For development located within the MU-C District, off-street parking and loading shall be developed in accordance with the parking standards contained in this Section.

2.     Minimum Required Off-Street Parking for Non-Residential Development Projects Including the Non-Residential Component of Mixed Use Development Projects in the MU-C District. The minimum required parking for the permitted commercial, cottage industry, public and semi-public uses in the MU-C District shall average 2 spaces per 1,000 square  feet of leasable gross floor area throughout the project. Shared parking shall be required when the development project is under the control of a single owner/developer and contains commercial, cottage industry , public and semi-public uses with staggered peak parking demands. A reduction in the minimum required parking may be granted by the Planning Director, provided that the following criteria have been met:

• The amount of off-street parking to be provided will be sufficient to serve the uses for which it is intended.
• The decrease in required off-street parking shall be based on a parking demand study prepared by a qualified parking or traffic consultant, civil engineer, licensed architect or urban planner, which substantiates the basis for granting a reduced number of parking spaces. The parking demand study shall include, at a minimum, the following:
  • Size and type of uses or activities on site;
  • Composition of tenancy on site;
• Rate of parking turnover;
• Peak traffic and parking loads to be encountered;
• Local parking habits including proximity and convenience factors;
• Availability of public transportation.
• Use of shared parking for the development project and transportation demand management techniques such as employee carpooling or vanpooling, dedicated valet parking, increased bicycle parking facilities, provision of subsidized or discounted transit passes to employees, and rideshare promotions.
• A transit stop is located within 800 feet of the development project.

3.  Minimum Required Off-Street Parking for Residential Development Projects Including the Residential Component of Mixed Use Development Projects in the MU-C District. The minimum required off-street parking spaces for residential uses is as follows:

 

4.     Off -Street Maximum Parking. The off-street parking cap for Non-Residential Development Projects including the Non-Residential Component of Mixed Use Development Projects in the MU-C District is 3 spaces per 1,000 square feet of leasable gross floor area throughout the project. The off-street parking cap for Residential Development Projects including the Residential Component of Mixed Use Development Projects in the MU-C District is not more than 150% of the minimum required off-street parking. All development projects providing off-street parking in excess of the minimum required off-street parking shall comply with the following criteria:

a)     The need for increased off-street parking is based on a parking demand study prepared by a qualified parking or traffic consultant, civil engineer, licensed architect or urban planner, which substantiates the basis for granting the increased number of parking spaces.  The parking demand study shall include, at a minimum, the following:

• Size and type of uses or activities on site;
• Composition of tenancy on site;
• Rate of parking turnover;
• Peak traffic and parking loads to be encountered;
• Local parking habits including proximity and convenience factors;
• Availability of public transportation.

b)     Use of shared parking for the development project.  Required off-street parking may be accommodated within shared parking facilities located on-site or off-site if the shared parking facilities are located within 800 feet from the development and are for non-residential uses.  Shared parking located within off-site shared parking facilities shall be designated and signed as belonging to the remote development and shall be part of the legal requirements for occupancy of the development.

c)     Use of transportation demand management techniques such as employee carpooling or vanpooling, dedicated valet parking, provision of alternative vehicles for shared use by residents, increased bicycle parking facilities, provision of subsidized or discounted transit passes to employees or residents, rideshare promotions.

d)     Reduction in surface parking through provision of on-site structured parking which is integrated into the building envelope to accommodate the increased off-street parking.

5.    Shared Parking. Shared parking is encouraged within the MU-C Use District. Shared parking can be provided on-site or off-site if the shared parking facilities are located within 800 feet of the development project and are for non-residential uses. Shared parking located within off-site shared parking facilities shall be designated and signed as belonging to the remote development and shall be part of the legal requirements for occupancy of the development.

A parking demand study shall be provided to the Planning Director for any development projects proposing or required to provide shared parking facilities. The parking demand study shall be prepared by a qualified parking or traffic consultant, civil engineer, licensed architect or urban planner, which substantiates the basis for granting the increased number of parking spaces. The parking demand study shall include, at a minimum, the following:

• Size and type of uses or activities on site;
• Composition of tenancy on site;
• Rate of parking turnover;
• Peak traffic and parking loads to be encountered;
• Local parking habits including proximity and convenience factors;
• Availability of public transportation.

The Planning Director may utilize the Urban Land Institute’s (ULI) Shared Parking methodology as a guide in reviewing shared parking proposals.

6.     On-Street Parking Credit. The amount of off-street parking required may be reduced by one off-street parking space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, except that angled parking may be allowed for some streets, where permitted by City, ODOT and/or County standards. The following constitutes an on-street parking space:

• Parallel parking, each 24 feet of uninterrupted curb;
• Curb space must be connected to the lot which contains the use;
• Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and
• On-street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times.  No signs or actions limiting general public use of on-street spaces is permitted. (Amended by Ord. No. 5877/8-08.)

J.     Open Space for Residential Developments

Residential projects including mixed use projects with residential uses shall provide a minimum of 100 square feet of usable open space per unit, which may be private yards, courtyards, atriums, balconies, patios, gardens including rooftop gardens, porches, terraces, or commonly owned tracts. Usable open space within such residential projects may be privately accessible to residents and guests only, without providing public accessibility; however projects are encouraged to provide some public or semi-public usable open space in order to create attractive, vibrant places to live, work, shop, and recreate. The development standards for some of the different types of usable open space listed herein are as follows:

 

• Common open space areas shall be convenient to the majority of dwellings and shall contain amenities appropriate to the development project’s size. Potential amenities could include art, sculpture, fountains or water features, benches, seat walls, raised planting beds, etc.

• Private usable open space shall be contiguous to the unit served and should be screened from public view for privacy. All balconies and patios that front a public street should be substantially enclosed for screening and privacy.  Balconies are encouraged to be oriented so as not to have a direct line-of-sight into adjacent units within the development.

• Private usable open space in the form of balconies or porches shall have a minimum average depth and width of six (6) feet in order to accommodate a small table and chairs.

• Patios shall have a minimum depth of six (6) feet and width of ten (10) feet.  Patio depths and widths greater than ten (10) feet are preferable.

• Use of rooftop spaces for courtyards, gardens and terraces may be used as common open space for the development, when directly accessible to the units it serves.

• Use of decorative pavers and pervious pavement treatment for hardscape areas such as plazas and courtyards is encouraged. Changes in paving color, pattern and texture also help to define public and private open space and add visual interest.

• Within usable open space areas, incorporation of ample landscaping in beds or planters which provide year-round greenery is encouraged. (Amended by Ord. No. 5877/8-08.)

(Section 48A.III Amended and Re-alphabetized by Ord. No. 5877/8-08)

 

IV.  DESIGN STANDARDS

A.     Purpose

This Section establishes design standards for development in Mixed Use Districts.  These clear and objective standards shall apply to permitted uses in all Districts. The design standards contained in this subsection are in addition to and supplement the standards in Section 133, Development Review/Approval of Plans. In the event of conflict, the design standards of this subsection shall control.

The design standards described in this subsection are intended to promote good quality design in site development and new building construction within mixed use zoning designations. Good design in mixed use zones results in buildings and dwellings visually compatible with one another and adjacent neighborhoods, contributing to a district which is attractive, visually stimulating, active and safe. These qualities contribute to the creation of an environment which facilitates easy pedestrian movement and a rich mixture of uses. A diversity of architectural styles is encouraged except in large scale mixed-use developments where unified architectural and urban design is important to the identity of the development project. On sites protected by a historic or cultural resource overlay zone or designation, architectural consistency with the design standards of the overlay zone or designation shall be required. 

B.    Process

All new development and expansions of existing uses located in mixed use districts shall comply with these design standards during Development Review. 

C.    Building and Site Design Standards

The standards and guidelines contained in this subsection are intended to encourage good quality, pedestrian-sensitive design in new building construction. These qualities contribute to the creation of a mixed use area which facilitates easy pedestrian movement and establishment of a rich mixture of uses. 

1.     Building Entry and Orientation Requirements

 

The purpose of this subsection is to require buildings and entrances to be oriented to the street to the maximum extent practicable to encourage pedestrian access and movement.  Requirements for orientation and primary entrances are intended to provide for convenient, direct and accessible pedestrian routes to and from public sidewalks and transit facilities; provide for safe, pleasant and convenient pedestrian circulation by connecting activities within a structure to the adjacent sidewalk and to nearby transit stops; and promote the use of pedestrian and transit modes of transportation to retail and commercial facilities.

         

The following design standards shall apply to development in MU-C and MU-N Districts except where noted:

a)     All ground-floor tenant spaces with at least 25 feet of frontage facing a public or private street shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot or loading area to gain access to the entrance from the street, but the entrance may include architectural features such as arcades, anti-chambers, porticos and the like without being in violation of this provision.  If a building has frontage on more than one street, the building shall provide a main building entrance oriented to one of the streets or a single entrance to the corner where the two streets intersect.  Where one single tenant has 200 feet or more of frontage on a public or private street, one additional entrance shall be provided for each 200 feet of frontage on one of the public or private streets.  Freestanding banking institutions and restaurants located in the MU-C District are exempt from the provisions contained in this subsection and may locate the primary building entrance on any façade of the structure. A clear internal site pedestrian sidewalk or pathway shall be provided to the building entrance from all public or private street sidewalks. A building may have more building entrances than required by this Section oriented to a public or private street, and may have secondary entrances facing off-street parking areas and loading areas.

b)     An exception to the requirement of paragraph a. above shall be allowed upon finding that:

i.      The slope of the land between the building and the street is greater than 1:12 for more than twenty feet (20’) and a more accessible pedestrian route to the building is available from a different side of the building;

ii.      The land between the building and the street contains a natural resource which would be unavoidably and irreparably degraded by providing a reasonably direct pedestrian connection and an alternative route without such impacts is available; or

iii.     The land between the building and the street contains mature, healthy trees of greater than 8” caliper which would be unavoidably destroyed or damaged by any reasonably direct routing of a pedestrian connection and an alternative route without such impacts is available.

c)     Residential dwellings fronting on a public or private street shall have a main entrance to the dwelling opening onto the front of the dwelling at the ground floor level. Such an entrance shall open directly to the outside and shall not require passage through a garage to gain access to the doorway. The doorway may be above final grade where a porch, stoop, portico, anti-chamber, wheelchair ramp or similar architectural feature is included in the design. Ground floor single family attached and row/townhouse residential units fronting on a public or private street shall have separate entries directly from the major pedestrian route. Ground floor and upper story residential units in a multi-family building fronting on a public or private street may share one or more entries accessible directly from the street.

d)     Residential building facades over 150 feet in length facing a street shall provide two or more main building entrances. 

         

e)     Entryways into mixed use buildings containing residential units shall be clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade. 

2.     Ground Floor Windows and Building Façade Requirements

Long expanses of blank walls facing a street or other public areas detract from the attractiveness of the streetscape and perceived safety of pedestrians using those spaces. The standards of this subsection are intended to enhance street safety and provide a comfortable street environment by providing ground-level features of interest to pedestrians along streets. These standards also have the purpose of encouraging surveillance opportunities where buildings face abutting streets and public areas, preventing fortress-like facades, and avoiding a monotonous pedestrian environment. The standards also help enhance the economic vitality of a neighborhood by providing the opportunity for merchants to display goods and advertise their wares to shoppers. By encouraging “window shopping” in mixed use districts the activity on the street is increased along with security.

The following design standards shall apply to development in MU-C and MU-N Districts:           

a)     All development shall provide ground floor windows on the building facade facing and adjacent to a public street, or facing onto a park, plaza or other public outdoor space. Required windows shall allow views into lobbies or similar areas of activity, pedestrian entrances, or display windows. Required windows shall provide a lower sill no more than three feet (3’) above grade; except where interior floor levels prohibit such placement, the sill may be located not less than two feet (2’) above the finished floor level to a maximum sill height of five feet (5’) above exterior grade. Where on-site service docks and loading areas are provided, buildings containing 10,000 square feet or more, and demised up to two individual tenants, are exempt from the ground floor window requirement.

b)     Darkly tinted windows and mirrored windows which block two way visibility are prohibited as ground floor windows required under this provision except where the closest face of the building to the nearest edge of the sidewalk within a public right-of-way or private street parallel and adjacent to the building is greater than fifty feet (50’).

c)     In all districts, building frontages along streets shall break any flat, monolithic facade by including architectural elements such as bay windows, recessed entrances or other articulation so as to provide pedestrian scale to the first floor.

d)     Where ground floor windows are required by this section on multifamily, apartment, public institutional and commercial structures, exterior walls facing a public street, public open space, pedestrian walkway and/or transit station shall have windows, display areas or doorways for at least fifty (50%)of the length and fifty percent (50%) of the area of the ground level wall area, which is defined as the area up to the finished ceiling height of the fronting space or fifteen feet (15’) above finished grade, whichever is less.

e)     On single family detached, single family attached, townhouse, and rowhouse structures, exterior walls facing a public street, public open space, pedestrian walkway and/or transit station shall have windows, display areas or doorways for at least twenty percent (20%) of the ground level wall area, which is defined as the area up to the finished ceiling height of the fronting space or fifteen (15’) above finished grade, whichever is less.

 

3.     Building Step-Back Requirements

Step-back requirements help assure a comfortable street environment by preventing fortress-like facades, providing light and air at the street level, and providing features of interest to pedestrians along streets in mixed use districts.

The following design standards shall apply to development in MU-C and MU-N Districts:           

a)     Step-back requirements shall be achieved, at the option of the applicant, by one of two methods:

i.      Floors above the second floor shall be stepped back a minimum of five feet (5’) for the first story above two, and an additional five feet (5’) for floors above three (3).  The maximum step-back under this method shall not exceed fifteen feet (15’); or

ii.      A building shall be stepped-back by an appropriate amount from the plane of the street so as to maintain an angle not greater than sixty (60) degrees between the top of the building facade fronting on to the street and the back of the sidewalk of the opposite side of the same street.

b)     Upon petition of the applicant, the Planning Director may waive the building step-back requirements of this subsection provided that the applicant clearly demonstrates the proposed project:

i.      includes window treatments, entry placement, facade relief and other architectural treatments to provide visual interest and pedestrian-sensitive design at the street level and to maintain a human scale in the streetscape; and

ii.      extends the same architectural features described in paragraph (a) above the ground floor level through variations in design, detail, and proportion, and by avoiding designs featuring a monolithic street facade; and

iii.     is designed so as not to obstruct sunlight from falling on the back of the sidewalk on the opposite side of the street for more than four hours of any given day between March 21 and September 21.

4.     Architectural Design Requirements

Good design results in buildings visually compatible with one another and adjacent neighborhoods, contributing to mixed use areas which are attractive, stimulating, active and safe. 

The following design requirements shall apply to development in MU-C and MU-N Districts:       

a)     Buildings shall promote and enhance a pedestrian scale and orientation on the facade facing the public street. Street-side building facades and dwelling units within all Mixed Use Districts shall be varied and articulated to provide visual interest to pedestrians and avoid a flat appearance. In addition, development proposals shall make provisions and include designs consistent with the following:

i.      All new commercial, public/institutional, mixed use, and residential buildings constructed within a Mixed Use District shall demonstrate during the Development Review process that it promotes and enhances a pedestrian scale and orientation on any facade facing a public or private street and it incorporates discernible and architecturally appropriate features; such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas or other treatments for visual interest, to create community character and to promote a sense of pedestrian scale. The design shall recognize that the simple relief provided by window cutouts or sills on an otherwise flat facade, in and of themselves, does not meet the requirements of this subsection; and

ii.      All residential dwellings, of any type, constructed within any Mixed Use District shall be constructed with exterior building materials and finishes of high quality to convey an impression of permanence and durability.  Materials such as, and including, masonry, stucco, stone, terra cotta, tile, cedar shakes and shingles, beveled or ship-lap or other narrow-course horizontal boards or siding, authentic vertical board & batten siding, articulated architectural concrete masonry units (CMU), and similar durable architectural materials are allowed. Materials such as, and including, T-111 siding, plain or plain painted plywood and strandboard sheets, concrete or cinder block, smooth surface concrete panels, and similar quality and non-durable material are prohibited.

b)     Commercial buildings and sites shall be organized to group the utilitarian functions away from the public view. Delivery and loading operations, HVAC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the building(s) and the landscaping. The visual and acoustic impacts of these functions, along with all wall- or ground-mounted mechanical, electrical and communications equipment shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and not inferior to the principal materials of the building and primary landscaping. The visual and acoustic aspects of roof-mounted equipment, vents and chimneys shall be minimized by placing equipment behind parapets, within architectural screening, roof-top landscaping, or by using other aesthetically pleasing methods of screening and deadening the sound of such equipment.

5.     Location and Design of Off-Street Parking

Parking should be located and designed so as to not only facilitate its major function but also to complement and encourage easy and safe pedestrian movement to, through and around the facility. The scale and orientation of parking areas shall be consistent with their purposes in supporting a mix of commercial and residential uses and shall be consistent with the pedestrian- and transit-oriented community to which they contribute.

Except as expressly modified below, the parking design standards contained in Sections 84 through 86 shall apply. The following additional standards shall apply only within Mixed Use Districts: 

a)     No surface parking or maneuvering area shall be located between the facing façade of an adjacent building (or a line extended from the plane thereof) and a public or private street where a maximum setback is prescribed by this Section.  Service docks and loading areas may be located between a building and public or private street when an anchor tenant requires the use of delivery vehicles with an overall length of forty (40) feet or greater and where the service docks and loading areas comply with the provisions contained in Section 48A.IV.C.5.b.

b)     To create pedestrian interest, maneuvering areas, service docks, and loading areas shall be located interior to the site wherever practicable. Where locations of these facilities on the site exterior, adjacent to a street, driveway, or pedestrian route cannot be avoided, exterior building walls or screen walls for such facilities shall include decorative elements that provide visual (pedestrian) interest such as openings with decorative grates, artwork, and decorative tiles. Screening walls surrounding service docks and loading areas shall be a minimum of 12 feet in height. Windows and display area are not required on walls surrounding service docks and loading areas.

c)     For development projects in the MU-C District that are required to provide integrated structured parking for increases in the maximum building footprint per Section 48A.E, and where the floors occupied by parking are not counted toward the maximum building height per Section 48A.G.1, the structured parking shall be wrapped at the ground level with street level uses for projects with street frontage on arterial or collector streets. For projects proposing integrated structured parking with frontage on local or neighborhood route streets, the structured parking shall be wrapped at the ground level with residential or public open space areas, such as small plazas with seating areas.

If there are multiple parking floors within the integrated structured parking, the upper floors shall be wrapped with office and/or residential uses or two-story eating and drinking establishments. The area of the roof of the structured parking not occupied by buildings shall provide usable courtyard space, terraces, green roofs and/or community garden plots, which are accessible by the office and residential uses and/or eating and drinking establishments.

i.      The size of the parking entrance shall be minimized and visually integrated into the overall architecture of the building by continuing a frieze, cornice, canopy, overhang, trellis, decorative grilles, or other devices from adjacent structures along the façade.

 

d)     Bicycle parking spaces shall be sited so as not to occupy space within, reduce the size of, or impede the use of required sidewalks, pedestrian ways, curbside landscape strips, landscape buffers or usable open spaces. All bicycle parking must be easily accessible and shall be equipped or located so as to allow the bicycle to be conveniently and securely locked to a parking device or within a secured bicycle parking area. Covered bicycle parking shall provide security and protection from the weather. Covered parking may be provided within a parking structure, garage, under a separate roof, within a bicycle locker, or in a designated area within a building or residential complex. Except in single-family detached and duplex dwelling units, allowance for required bicycle parking within an individual residence is not considered to be in compliance with this requirement.

e)     Surface parking areas shall provide perimeter parking lot landscaping adjacent to a street other than a major pedestrian route which meets one of the following standards:

i.      A five foot (5’) wide planting strip between the right-of-way and the parking area shall be provided for streets designated Collector or Local on the City of Hillsboro Transportation System Plan. A ten foot (10’) wide planting strip between the right-of-way and parking area shall be provided for streets designated Arterial. The planting strip may be pierced by pedestrian-accessible and vehicular accessways.  Planting strips shall be planted with large-scale, high canopy, horizontally-branching street tree species and/or an evergreen hedge. Hedges shall be no less than thirty (30”) inches or more than forty-two (42”) inches in height. Hedges and other landscaping shall be planted and maintained to afford adequate sight distance for vehicles exiting the parking lot.

ii.      In lieu of hedges specified in subsection d.1, decorative walls or fences thirty (30”) inches to forty-two (42”) inches in height parallel to and not nearer than two feet (2’) from the right-of-way line may be utilized. The area between the wall or fence and the back of the sidewalk shall be landscaped.  The required wall or screening shall be designed to allow for access to the site and sidewalk by pedestrians and shall be constructed and maintained to afford adequate sight distance as described above for vehicles exiting the parking lot.

f)      Surface parking areas shall provide interior landscaping which meets the following standards:

i.      Angled or perpendicular parking spaces shall provide, where needed, extruded curbs (tire stops) or widened curbs to prevent bumper overhang into landscape areas or walkways.

ii.      All surface parking facilities shall include landscaping along the perimeter of the lot to a depth of at least four feet (4’). Perimeter landscaping shall not be required where two parking lots using a common driveway are joined by a common circulation aisle or other traffic area, and landscaping may be reduced or eliminated adjacent to landscaped open space in order to transition the open space landscaping into the parking area and afford better access between the two areas.  Landscaping shall also be installed within planting bays, and in any other area where parking stalls, circulation aisles, driveways, or pedestrian movements would not be precluded by the landscaping. Except where requested by the applicant, if in following these standards, the amount of interior landscaping would exceed ten percent (10%) of the area devoted to outdoor auto parking facilities, the amount of required landscaping shall be limited to ten percent (10%). All landscaping required under the provisions of this subsection may be applied towards compliance with other applicable landscaping requirements. 

iii.     A minimum of one 2½” caliper street tree shall be provided in protected planting bays located within the surface parking area at the end of each parking row and at intervals not exceeding 100 feet within the parking rows.  Planting bays shall have a minimum width of five feet (5’) and a minimum area of 185 square feet for double loaded parking bays and 90 square feet for single loaded parking bays. The remainder of each bay shall be landscaped in a manner consistent with the provisions of this subsection.

iv.     All parking lot construction, internal walkways, markings and access shall meet and fully comply with the requirements of the Americans with Disabilities Act.

g)     Except in residential areas, parking associated with new development shall be designed to the extent practicable to connect with auto parking areas on adjacent sites to eliminate the necessity of utilizing the street for parallel movements.

h)     General Landscaping Standards for Off-Street Parking Areas. 

i.      The minimum planting size for all required trees shall be 2½ inch caliper as measured by American Association of Nurserymen standards. Trees shall be deciduous shade trees capable of at least thirty-five feet (35’) in height and spread at maturity.

ii.      A minimum of seventy percent (70%) of all required landscaped areas, including required planting strips and planting bays, shall be covered with trees, or shrubs. All areas shall also include continuous ground cover consisting of lawn, low growing evergreen shrubs, or evergreen ground cover.

iii.     Evergreen shrubs shall be not less than two feet (2’) higher than finished grade at the time of planting. Evergreen shrubs shall be of the type that grow to be at least thirty-six inches (36”) higher than finished grade.

i)      All curb cuts are subject to approval based on standards to ensure safe pedestrian circulation, traffic flow, access points needed for the proper functioning of the development and the objectives of the Section. To meet these standards, consolidation of curb cuts may be a condition of development approval.

(Section 48A.IV.C.5 Amended and Renumbered by Ord. No. 5877/8-08)

6.     Requirements for Drive Through Facilities

Where Drive Through Facilities are permitted in Mixed Use Districts the following standards shall apply:

a)      A maximum of two drive through service lanes shall be permitted between a building façade and a public street right-of-way. 

b)     Drive though lanes located between a building façade and a public right-of-way shall be buffered by evergreen shrubs. The shrubs shall be not less than two feet (2’) higher than finished grade at the time of planting. Evergreen shrubs shall be of the type that grow to be at least thirty-six inches (36”) higher than finished grade.

7.     Requirements for Improvements Between Streets and Buildings

Landscaping or “hardscaping” of property between the street curb and buildings promotes and enhances a comfortable pedestrian scale and orientation and encourages pedestrian use of the area.

The following street design standards shall apply to development in MU-C and MU-N Districts:

a)     The property between the street curb and an adjacent building shall be landscaped or hardscaped.  Landscaping shall be irrigated. 

b)     Except for single family detached dwellings, where a hard-surfaced area, other than a pedestrian connection leading from the sidewalk to a building entrance, is used in lieu of landscaping between the sidewalk and the building, such areas shall contain at least two (2) pedestrian-sensitive amenities. Such amenities include, but are not limited to, benches, low walls with seating or planters atop, drinking fountains, courtyards, free-standing planters, street furniture, public art or other pedestrian space or design features integrated into the overall design of the building or portion of the site in order to enhance the pedestrian environment.

c)     Trees selected from the City’s approved street tree list. Trees may be within tree wells with a minimum planting area of 15 square feet (with standard 3’ x 5’, 4’ x 4’ or 4’ diameter cast iron grates.) Such trees shall be planted every thirty feet (30’) on center (or, depending on species, at some other distance to ensure their proper spacing) so as to develop a continuous canopy when mature. Street trees shall be at least 2½ inches in caliper at planting, shall be planted within an approved root barrier, and shall be irrigated and maintained by the property owner along with other landscaping planted within the parking strip. 

d)     Topping, shearing or pollarding of street trees is prohibited, unless necessary to protect overhead utility lines. 

e)     Except as noted below, all public utility distribution and service connections to new buildings and dwellings within all Mixed Use Districts shall be underground.  Aerial utility service (electricity, telephone, cable, etc.) may be used in new construction where all of the following circumstances apply:

i.      The project is an in-fill building or dwelling within an existing neighborhood where utility service is provided aerially rather than underground;

ii.      The project is located between other utility users on the same block face;

iii.     It would not be practicable to serve the new project underground without also serving the neighboring uses; and

iv.     The neighboring uses on the same block face and the utility company are unwilling to pay the additional cost of undergrounding their service;

f)      Ornamental street lights shall be installed when public right-of-way improvements are required as a part of a development.

       

g)     Bulb-outs, or curb extensions, shall be constructed at all intersections of public streets when public right-of-way improvements are required as a part of a development. The design of the bulb-outs shall be approved by the Planning Director and City Engineer.

 

V.   REVIEW PROCEDURES

A.     Section 133, Development Review, or any amendment thereof, and the provisions of this section shall apply to all uses permitted in Mixed Use Districts except for construction of single family detached dwellings built on a single lot. Provisions of Ordinance No. 2808, Subdivisions, applies to all project proposals involving the subdivision or partitioning of existing properties.

B.    Applications for Development Review approval for projects within a Mixed Use District shall include the pertinent materials specified in Section 133 as well as preliminary plans and drawings, and other pertinent materials and reports illustrating and documenting the following:

1.     Site plans, housing types, proposed commercial and industrial uses, elevation sketches, exterior building material/color boards and floor plans for all typical multi-family and attached single family dwellings, mixed use and non-residential buildings within the project;

2.     Residential densities;

3.     Usable open space, landscaping, and natural resource and tree preservation plan;

4.     Planned streets and alleys, public rights-of-way, pedestrian and bicycle system plan, and off- and on-street parking;

5.     Stormwater management and grading plans, underground utility service plan and easement dedications, including infrastructure location, sizing, and system connections;

6.     Where applicable, compliance with the Hillsboro Comprehensive Plan goals, policies, and implementation measures of Section 17 NE 28th Avenue / East Main Street Plan Area; Section 18 Hillsboro Tanasbourne Community Plan; or Section 22 Witch Hazel Village Community Plan.

7.     Compliance with the Zoning Ordinance provisions for the applicable Mixed Use District.

 

C.    Development Review

 

The City shall require that the developer provide for and establish one or more property owner associations, or similar mechanism acceptable to the City Attorney, for the ownership and maintenance of any common open space, private streets or alleys, or other appropriate lands and improvements which are of a public nature and are not dedicated to and accepted by the City. 

Further, the City shall require any such association be incorporated, or otherwise legally organized such  that the association is legally capable of, and shall adopt and file by-laws, restrictive covenants, and/or other binding agreements that provide an enforceable mechanism to raise the revenue required to maintain such property, and which include provisions that prohibit the association from disposing of or abandoning any common open space, private street or alley without the permission of the City, in which case the association shall first offer to dedicate the property to the City and shall provide for its long-term maintenance in a manner satisfactory to the City. Nothing in this provision shall obligate or be construed to imply any obligation by the City to accept any street, alley, park, greenway, open space, or other common lot, parcel or tract of land or improvement proposed to be dedicated by an applicant, owner or developer of a project, or by any owner’s association.

D.    Variances

The development and design standards in Section 48A are intended to implement the goals and policies of the Comprehensive Plan. Variances to these standards are discouraged. However, some sites may be difficult to develop in compliance with these regulations. In those instances, the Variance process provides relief where the proposed development continues to meet the intended purpose of these regulations.

1.     Standards

a)     A Variance by the Planning Commission may be granted to any development regulation or design standard contained in Section 48A, provided the Commission finds that by granting the Variance:

i.      The adjustment will equally or better meet the purposes of the Mixed Use Districts and of the regulation to be modified;

 

ii.      The Variance or cumulative Variance adjustments results in a project which is still consistent with the overall purpose and intent of the district; and

 

iii.     The Variance will not result in significant detrimental impacts to the environment or the natural, historic, cultural or scenic resources of the City.

 

b)     The Planning Commission may approve a Variance from the standards listed below if, in addition to the criteria listed in subsection (D)(1)(a), the proposal meets the following criteria:

 

i.      Multiple main building entrances required to be oriented to the street.  Variances may be granted to allow a single secured entrance to an establishment upon a finding that the internal security measures which are standard operating procedures of the applicant would be irreparably harmed by this requirement; except in no case shall there be less than one main entrance oriented to a public or private street unless otherwise authorized by an exception contained in this Section.

 

ii.      Ground floor windows. A variance to the percentage of window area required for ground floor windows in building facades where required by this Section may be allowed upon findings that:

 

a)     such windows would unavoidably compromise necessary personal privacy or security within the building (for example, privacy in a clinic examination room, security in a pharmacy storeroom, or security and privacy in a research and development laboratory);

 

b)     due to the design of the structure or other demonstrable restrictions or constraints, the required personal privacy or security cannot otherwise be provided; and

 

c)     the loss of the window area cannot be recaptured elsewhere on the facade.

       

 2.    Application and Fee 

 

A request for a variance may be initiated by a property owner or authorized agent by filing an application with the City Recorder. The applicant shall submit plans to the Commission as provided in Section 119 and shall pay the fee as set in Section 129.

 

3.     Public Hearing on a Variance

 

Before acting on a request for a variance, the Planning Commission shall consider the variance at a Public Hearing held within 40 days after filing of the application. Not less than 20 days prior to the date of the Hearing, the City Recorder shall give written notice by mail of the hearing to owners of property situated within a 200 foot radius of the boundary of the property subject to the request using for this purpose names and addresses of 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 variance.  (Amended by Ord. No. 5778/8-07.)

4.     Action of the Planning Commission

 

The Commission may attach conditions to an authorized variance which it feels are necessary to protect the public interests and carry out the purpose of this Ordinance. The City Recorder shall notify the applicant for a variance, in writing, of the Commission’s action within five days after the Commission has rendered its decision. 

 

E.     Increases in Mixed Use and Residential FAR in the MU-C District

 

Mixed Use and/or residential development projects in the MU-C District, as specified in Section 48A.III.B, may be granted an increase in FAR by the Planning Commission, provided that the mixed use and/or residential development project meets the development and design standards contained in Sections 48A.III and 48A.IV, and applicable development and design standards contained in Section 133: Development Review.

 

1.     Development Review by Planning Commission

 

Mixed-Use and/or residential development projects in the MU-C District are subject to Development Review approval by the Planning Commission.

2.     Application and Fee

A request for increased mixed-use or residential FAR in the MU-C District may be initiated by a property owner or authorized agent by filing an application with payment of the fee for processing such application to the Planning Department.  Applications for increases in mixed use or residential FAR shall include the pertinent materials specified in Section 133, as well as the preliminary plans, drawings, reports and other pertinent materials listed in Section 48A.V.B. Prior to submittal of an application for Development Review by the Planning Commission, the applicant shall hold a neighborhood meeting subject to the procedures in Section 129A.

 

3.     Public Hearing

 

Before acting on a request for increased mixed use or residential FAR in the MU-C District, the Planning Commission shall consider the request at a public hearing. Not less than 20 days prior to the date of the hearing, public notice shall be mailed to property owners within a 500-foot radius of the boundary of the property subject to the request for increased FAR. For this purpose, the names and addresses of the owners as shown on the current records of the County Assessor shall be used.

 

4. Action of the Planning Commission

 

The Commission’s decision to approve, approve with conditions, or deny an application for increased mixed use or residential FAR, may be appealed to the City Council, by filing written notice with the City Recorder within 15 days after such decision is made. A fee must be submitted with the filed notice of appeal, equal to one-half of the fee of the original application.

 

(Section 48A.V.E. Added by Ord. No. 5877/8-08)

VI.      DEFINITIONS

Except as expressly modified below, the definitions set forth in Section 3 of City of Hillsboro Ordinance No. 1945 shall apply. The following additional definitions shall apply only within Mixed Use Districts.

 

A. Access.  An unobstructed means of ingress and egress from a lot or parcel to a public street, alley or a City-approved private street or tract, either through private ownership or permanent easement over an improved private street, alley or driveway of sufficient width and structural cross-section to meet or exceed the standards for emergency vehicle approach to the use on said lot or parcel. Also applicable to “flag lots,” where there is no frontage on an existing or proposed alley, or public or private street.

 

B. Adjacent.  A building or use is adjacent to a transit trunk route, major pedestrian route, transit station or point of interest if the building or use is sited on a parcel or lot abutting the route, station or point of interest, and is not separated from the route, station or point of interest by an existing or planned intervening building as shown on an approved master plan. Intervention of a street or alley does not interrupt adjacency.

 

C. Auto-Accommodating.  A use, area or district which is primarily pedestrian-sensitive but includes facilities where access by automobiles is allowed without giving preference to autos or allowing auto-oriented services such as drive-through windows or services.

 

D. Bed and Breakfast.  A residential building or group of residential buildings with not more than five separate bedroom units for travelers’ temporary accommodation, which unites do not contain individual cooking facilities with the lodging price including the price of a morning meal available only to guests of the inn.  Additional rooms or structures may be added onto the original building or site provided the total number of bedroom units does not exceed five.

 

E. Certified Wood Products.  Certified wood products are those made from lumber harvested in a sustainable manner and certified by a reliable third party.  The certifying groups most active at this time are the Forest Stewardship Council (FSC), Sustainable Forestry Initiative (SFI) and the Canadian Standards Association (CSA).

 

F. Commercial Uses.  Uses and activities involving the sale, lease or rent of new or used products to the general public; the provision of personal, consumer and business services (including daycare for children and the elderly) and entertainment; the provision of product repair or services for consumer and business goods; and office facilities for business, government, professional, medical (including free-standing medical, dental and veterinarian clinics), and financial services.  Commercial Uses do not include hospitals and those which are specifically identified as not permitted in Table 48A-1. Animal Services Facilities as defined in Section 3 are considered Commercial Uses; accessory overnight pet boarding if permitted may be subject to conditional use approval under Section 89. (Amended by Ord. No. 5960/3-11.)

 

G. Community Service.  Activities and uses of a public, non-profit or charitable nature generally providing a local service to people of the community on site or through employees on the site on a regular basis. Examples include libraries, museums, senior centers, community centers, indoor public recreation facilities, religious institutions, corrections facilities, emergency services and similar facilities. Community services do not include schools, hospitals, or geriatric care facilities.

 

H. Contiguous.  Parcels, lots and tracts of land, projects, and expansions of existing uses are considered contiguous regardless of interruptions by streets, alleys, public easements or rights-of-way provided that the parcels would otherwise abut.

 

I. Cool Roof.  A roof which reflects most solar radiation before it penetrates the interior of the building, and which maintains a temperature a few degrees above the ambient air temperature.

 

J. Drive-Through Facilities.  Facilities allowing transactions for goods or services without leaving a motor vehicle, but excluding car washes, and motor vehicle service, maintenance or repair facilities.  Also known as “drive-in” facilities.

 

K. Eco Roof.  An eco roof is a vegetated roof system used in place of a conventional roof.  Eco roofs are comprised of several layers that include a root barrier, waterproof membrane, drainage, soil system, and plants.  Eco roofs are also referred to as green roofs.

 

L. Emergency Service Facilities.  Facilities housing police, fire or ambulance services; excluding jails.

 

M. Establishment.  A term used to describe business activity. For purposes of this code, businesses shall be defined and described at the four digit Standard Industrial Classification (“SIC”) level set forth in the most recent edition of the Standard Industrial Classification Manual, published by the U.S. Office of Management and Budget.

 

N. Expansion.  Enlargement of a land use increasing the overall density or intensity of the use.  The expansion may be an addition attached to an existing structure or service facility, an additional structure or service facility on the same parcel, or additional structures or facilities constructed on land contiguous with the existing parcel.  Construction of new facilities on parcels which are not contiguous are considered new uses, not expansions of an existing use. Except as applied to commercial parking facilities, the term is not applicable to enlargement of existing parking lots and structures.

 

O. Flex Space.  A building constructed to accommodate a variety of commercial, office and/or light industrial uses, including: administration, direct and telephone sales, back-office operations, product assembly, component and inventory warehousing, shipping, and related or similar activities.

 

P. Floor Area Ratio (FAR).  Floor area ratio is the ratio of the total amount of enclosed gross floor area (GFA) within a building or structure to the amount of net lot area. To calculate FAR, the total GFA is divided by the net lot area, and typically expressed as a decimal. For the purposes of calculation, both floor area and net lot area are expressed in square feet.  For example, if the GFA for all buildings on a site totals 75,000 and the net lot area is 100,000, then the FAR equals 0.75, or if the total GFA equals 200,000 and the net lot area is 100,000, then the FAR equals 2.0.

 

Q. Gross Floor Area (GFA).  The sum of the horizontal areas of all floors of a  building intended for occupancy or storage and not including interior parking or loading spaces, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall.  GFA is also referred to as gross square feet or GSF.

 

R. Gross Leasable Area (GLA).  The portion of GFA that is available for leasing to a tenant.  Generally, GLA is equal to GFA less “common” areas that are not leased to tenants, including spaces for circulation to and from tenant spaces (lobbies, atriums elevator cores, stairs, corridors), restrooms, utility/mechanical spaces, and loading docks.

 

S. Hardscape.  Hard-surfaced areas improved in lieu of landscaping. Such areas include specially treated or textured concrete designed as a plaza, courtyard or building entrance and contain pedestrian-sensitive amenities such as benches, drinking fountains, planters, trees in grated wells, street furniture, lighting, public art, water features or other design features integrated into the overall design of a building or portion of the site.

 

T. Hotel.  A building with a common entrance consisting of individual sleeping quarters for rental to transients, and in which no provision is made for cooking in the lodging room. A “residential hotel” is a hotel typically providing for longer term stays and which may allow in-room cooking.

 

U. Major Pedestrian Route.  Any pedestrian route located along an arterial or collector street, a transit trunk route, or light rail transit route. A major pedestrian route also includes any local street or street segment within 1,300 feet of a light rail station or Transit Center where the street or street segment provides reasonably direct connection to the station or center.

 

V. Master Plan.  A development plan for a project to be built in two or more phases. A master plan may involve multiple blocks, provided the blocks are contiguous or separated only by public or private streets or rights-of-way, pedestrian ways or space, designated open space, park space or protected natural areas, or surface water treatment facilities. May provide the basis for a Concept Development Plan in Development Review.

 

W. Mixed Use Building or Development.  A building or development characterized by either a vertical or horizontal physical integration of uses.  A mixed use building is a structure at least two stories in height which includes a mix of uses such as retail and office uses, residential and commercial uses, or commercial and light industrial uses. A mixed use development typically consists of multiple buildings, usually with multiple stories, designed to assure a diversity of compatible land uses which may include a mixture of residential, office, retail, services, recreational, live/work units, flex space uses, and other miscellaneous uses allowed in a district.  A campus development is considered a mixed use development.  However, within a mixed use development, a mix of residential and industrial uses is prohibited in a single building or on immediately adjoining land.

 

X. Motor Vehicle Service, Maintenance or Repair Facilities.  Facilities servicing motor vehicles, including gasoline stations, oil and lubrication services, tire and muffler installation and service, body shops, car washes, and other motor vehicle services.

 

Y. Neighborhood Commercial and Cottage Industry.  Neighborhood commercial includes “commercial uses” as defined in this subsection, provided they are small scale retail and service uses primarily serving nearby residential areas and neighborhood businesses and their employees. General office and other commercial uses which are not retail or service in nature are allowed on and above the second floor of a neighborhood commercial building. Cottage Industry includes very light industrial or manufacturing uses that do not use hazardous materials, and have a low impact to adjacent properties related to noise, dust, odor or light glare. Outdoor storage for Cottage Industry uses must be screened.

 

Neighborhood commercial and Cottage Industry uses are limited in size and intensity to promote a local orientation and to limit adverse impacts on nearby residential areas.  Neighborhood commercial uses may be auto-accommodating and provide off-street parking behind the building, but the overall development is intended to be predominantly pedestrian-sensitive and compatible with the scale of surrounding residential development.

 

Z. Parking structure.  Any building above grade, below grade, or both for parking motor vehicles. Also referred to as structured parking.

 

AA. Pedestrian-Related Office or Service Use.  Commercial uses, excluding the sale, lease or rental of new or used durable goods, whose primary business relies on face-to-face customer contact or walk-in trade.

 

BB. Pedestrian Space.  An area or plaza on public or private property which is directly accessible to pedestrians and which includes two or more of the following features covering the entire area or disbursed throughout the entire pedestrian space: Hardscaped areas; lawn areas with trees and seating; awnings or other weather protection; water features incorporating, or with nearby, seating areas, public art or kiosks; outdoor eating areas with seating, and street-side vendor carts or stands selling flowers, food or other small consumer goods.  Interior corridors within a building, used primarily as access among rooms within the building, are not considered pedestrian space, but an atrium or interior court containing the above named features and is accessible from common hallways by the public shall qualify. A space otherwise meeting the definition of a pedestrian space which is located within a secured area on private property but is accessible, used and useful to employees, residents, and other authorized visitors to the site, qualifies under this definition.

 

CC. Pedestrian Way.  Any paved public or private travel route intended for pedestrian use, whether shared with other transportation modes such as a bicycle/pedestrian accessway or intended solely for pedestrian use.

 

DD. Permanent Open Space.  A parcel, lot, or tract of land identified on a recorded plat or by deed designation as intended to provide natural area preserves or environmental, scenic or recreational benefits to an adjacent development. Such a parcel, lot, or tract may, at the discretion of the applicant, be considered a part of an abutting lot for purposes of lot setback, open space and similar requirements, provided that the open space is not double counted in the process.

 

EE. Project.  Sometimes referred to as a “development project” or “development.” A residential, non-residential or mixed use development to be built in one or more phases.  A project may involve single or multiple buildings and single or multiple blocks, provided the multiple blocks are contiguous or separated only by public or private streets or rights-of-way, pedestrian connections or spaces, designated open space, park spaces or protected natural areas, or stormwater treatment or detention facilities. The construction of one single family, duplex or ancillary dwelling built on or added to a single lot is not a project unless constructed as part of a larger residential development project of ten or more dwellings.

 

FF. Recreational Facilities.  Indoor and outdoor facilities, excluding usable open space, intended to serve the recreational needs of the general public. Indoor and outdoor “Land-extensive recreational facilities” are generally discouraged within the Mixed Use Districts and include such activities as golf courses, driving ranges, polo fields, shooting ranges, and similar uses.

 

GG. Redevelopable Land.  Land on which development has already occurred but on which, due to present or expected market forces, existing development is likely to be converted or replaced with a more intensive use.

 

HH. Residential Structures.

1.     Single Family Detached Dwelling.  A detached dwelling unit, constructed on-site or elsewhere, situated on its own lot or parcel.

2.     Single Family Attached Dwelling.  A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units.

3.     Attached Duplex.  A duplex, located on its own lot, which shares one or more common or abutting walls with one other duplex, thereby totaling four dwelling units.

4.     Multi-Family Dwelling.  A structure on a single lot or parcel containing three or more units which share common walls or floor/ceilings with the adjacent unit(s). Multifamily dwellings include condominium and apartment units without regard to ownership status, and includes congregate (or independent) care and assisted care facilities for the elderly, but excludes all types of nursing home, convalescent care and institutional type living arrangements.

5.     Garden Apartment.  A multifamily dwelling with access to a large open space area(s) such as a courtyard, garden or plaza, where such access is typically provided at the ground floor level.

6.     Mid-Rise Apartment.  A three- to six-story multi-family dwelling with reduced landscaping, generally built at 25 or more units per acre.

7.     Rowhouse.  An attached dwelling of two or more stories that has the appearance of a townhouse but not located on individual lots.

8.     Townhouse.  A single family attached dwelling of two or more stories, in a building of two or more units, with each dwelling unit and its underlying lot platted to allow separate ownership.

9.     Ancillary Dwelling Unit.  An additional dwelling unit located on the same lot as a single family dwelling or duplex.

II. Shared Parking.  A public or private parking facility shared by two or more uses.

 

JJ. Transit Street.  A public arterial or collector street designated as a bus or LRT route on the Comprehensive Transportation Plan Map.

 

KK. Transit-Supportive.  A use or development which supports increased mobility, particularly by transit, walking and bicycling and is sited in a pedestrian-sensitive manner. Transit-supportive developments are designed to enhance pedestrian and bicycle mobility and access, and to reduce conflicts with motor vehicles through a system of streets, pedestrian ways and bicycle facilities designed for multimodal access and circulation for cars and commercial vehicles, transit vehicles, bicycles, and pedestrians. Also known as “transit-oriented development,” “transit-oriented use” and “TODs.”

 

LL. Visitability.  Building designs which allow persons with mobility impairments to enter and stay, but not live, in a residence. The dwelling must include at least one zero-step entrance, 32-inch clear opening doorways and at least one half- bathroom on the main level that meets the minimum clear floor space for half-bathrooms as required by the Fair Housing Act.

 

MM. Volatile Organic Compounds (VOCs).  Volatile Organic Compounds are an entire class of carbon-based chemicals that give off vapors at normal room temperatures.  Vapors may be harmful or trigger allergic reactions in people with environmental allergies. Products that emit VOCs include paints and lacquers, paint strippers, adhesives and sealants, carpets and carpet backing, cleaning supplies, pesticides, building materials and furnishings, office equipment (copiers and printers), graphics and craft materials, and permanent markers.

 

(Section 48A.VI. Amended and Re-alphabetized by Ord. No. 5877/9-08.)