ORDINANCE NO. 1945

              AN ORDINANCE ESTABLISHING ZONING REGULATIONS; ADOPTING A ZONING MAP; REPEALING ORDINANCES NO. 1409, 1725, 1769, 1795, 1809, 1821, 1832, 1851, 1862, 1863, 1882, 1907, 1922, 1924, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.

              The City of Hillsboro does ordain as follows:

Section 1. Short Title. This ordinance shall be known as the Zoning Ordinance of the City.

Section 2. Purposes. The several purposes of this ordinance are to encourage the most appropriate use of land, to conserve and stabilize the value of property, to aid in the rendering of fire and police protection, to provide adequate open space for light and air, to lessen the congestion on streets, to give an orderly growth to the City, to prevent undue concentrations of population, to facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks and other public requirements, and in general to promote public health, safety, convenience, and general welfare.

Section 3.   Definitions. As used in this ordinance the masculine includes the feminine and neuter and the singular includes the plural.   The following words and phrases, unless the context otherwise requires, shall mean:

1. Accessory structure or use.  A structure or use incidental and subordinate to the main use of the property, including a home occupation, which is located on the same lot with the main use and contributes to the comfort or convenience of persons occupying the property, but excluding the keeping of livestock other than ordinary household pets except in accordance with Section 131.  (Amended by Ord. No. 3294/1-82.)
   
   
2. Alley.  A narrow street through or partially through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
   
   
3. Animal Service Facility.  A commercial establishment primarily engaged in performing veterinary, boarding, grooming, training, and other services for domestic pets, primarily dogs and cats.  Outdoor facilities such as runs and exercise yards may or may not be included in the use.  Examples of animal service facilities include veterinary clinics, dog and cat day care facilities, dog training facilities, and overnight pet boarding.  Pet stores are not considered an animal services facility. (Added by Ord. No. 5960/3-11.)
   
   
4. Apartment house.  See dwelling, multi-family.
   
   
5. At or near a major transit stop.  "At" means and refers to buildings located within 200 feet of the property boundaries of a major transit stop.  "Near" means and refers to buildings located within 300 feet of the property boundaries of a major transit stop.  (Added by Ord. No.  4465/8-96.)
   
   
6. Automated Communication Switching Facility.  A building or structure used primarily to store and operate automated communications equipment requiring minimal human operation and maintenance.  Automated communication switching facilities shall be considered a utility substation if the total floor area is less than 1,000 square feet.  (Added by Ord. No. 4663/4-98.)
   
   
7. Bed and Breakfast Inn.  A residential building or group of residential buildings with not more than five separate bedroom units for travelers’ temporary accommodation, which units 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.  If located in a residential zone, owners or innkeepers shall reside on the premises, and the bed and breakfast inn shall be considered a home occupation permitted as a conditional use, subject to the provisions of Section 128A Home Occupations and Sections 78 through 83, Conditional Uses.  (Added by Ord. No. 4100/10-92 and Amended by Ord. No. 4856/8-00 and 5910/6-09.)
   
   
8. Billboard. (Deleted by Ord. No. 5676/10-06. See Municipal Code Chapter 15.20.)
   
   
9. Boarding. (Deleted by Ord. No. 5667/9-06.)
   
   
10. Building.  A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but excluding driveways, walks and similar slab construction not exceeding the surrounding ground level by six inches.  For yard exceptions see “Structure”.  (Amended by Ord. No. 5194/9-02.)
    
    
11. Capital Intensive Industrial.  That portion of an industrial building used for manufacturing, repairing, compounding, processing, or storage that is dependent on automated machinery and/or equipment requiring minimal human operation and maintenance.  (Added by Ord. No. 4663/4-98.)
    
    
12. Child Care Facility.  Any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home.  It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before or after school care, or child development center, except those excluded under ORS 657A.250.  This term applies to the total child care operation and includes the physical setting, administration, staff, equipment, program, and care of children.  (Added by Ord. No. 5168/7-02.)
    
    
13. City.  The City of Hillsboro, Oregon.
    
    
14. Commercial Recreational Facility.  A sports-oriented business containing facilities for a variety of health, recreational, or social activities.  Such facilities may include sports courts; weight rooms; water sports; bowling; miniature golf; indoor or outdoor tracks; restaurants; banquet or conference rooms; child care facilities; and other similar uses.  (Added by Ord. No. 3599/2-86 and Amended by Ord. No. 5168/7-02.)
    
    
15. Conference Center.  A building or group of buildings used by businesses, community organizations, and individuals for meetings, conferences, and special events.  Conference centers may also include kitchen facilities for meal preparation.  (Added by Ord. No. 4100/10-92.)
    
    
16. Condominium or unit ownership.  Land, all building, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are submitted pursuant to the provisions of ORS 91.500 to 91.671 to 91.990.  (Added by Ord. No. 3029/8-79.)
    
    
17. Cul-de-sac.  A vehicular turn-around at the terminus of a street.  (Added by Ord. No. 2697/5-75.)
    
    
18. Disability.  (1) a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) a record of having such an impairment; (3) being regarded as having such an impairment.  “Disability” does not include current, illegal use of or addiction to a controlled substance as defined by 21 U.S.C. § 802, or pedophilia, exhibitionism, voyeurism or other sexual behavior disorders.  “Disability” shall be interpreted consistent with the meaning of “handicap” under 42 U.S.C. § 3602(h).” (Added by Ord. No. 5667/9-06)
    
    
19. Dwelling, accessory.  A second, restricted occupancy dwelling unit created on a lot with a detached house.  The second unit is created auxiliary to, and is always smaller by at least 25% in total floor area than the primary detached house; however, an accessory dwelling unit may never exceed 750 square feet in total floor area.  (Added by Ord. No. 4902/5-00; Amended by Ord. No. 5667/9-06.)
    
    
20. Dwelling, common. (Deleted by Ord. No. 5667/9-06.)
    
    
21. Dwelling, condominium.  A dwelling unit within a residential building which is in a condominium.  (See condominium) (Added by Ord. No. 3029/8-79.)
    
    
22. Dwelling, duplex; or dwelling, two-family; or duplex.  A detached building containing two dwelling units.  (Added by Ord. No. 3029/8-79, and Amended by Ord .  No.  3435/12-83.)
    
    
23. Dwelling, Elderly and Disabled. (Deleted by Ord. No. 5667/9-06.)
    
    
24. Dwelling, Elderly Disabled Congregate Care. (Deleted by Ord. No. 5667/9-06.)
    
    
25. Dwelling, multi-family; or apartment house.  A detached building containing three or more dwelling units in one ownership.  (Added by Ord. No. 3029/8-79.)
    
    
26. Dwelling, single-family.  A detached building, other than a mobile or manufactured home, containing one dwelling unit.  (Added by Ord. No. 3029/8-79; Amended by Ord. No. 4213/3-94.)
    
    
27. Specialty Dwelling.  (Deleted by Ord. No. 4099/10-92.)
    
    
28. Dwelling, townhouse; or townhouse.  A dwelling unit in a building of two or more dwelling units, with each dwelling unit and its underlying lot platted to allow separate ownership.  (Added by Ord. No. 3029/8-79 and Amended by Ord. No. 3387/3-83.)
    
    
29. Dwelling unit.  One or more rooms designed for occupancy by one family and not having more than one cooking facility.  In the case of a group living structure, each four residents shall constitute a dwelling unit.  (Amended by Ord. No. 3029/8-79; Amended by Ord. No. 5667/9-06.)
    
    
30. Family.  An individual, or two or more persons related to one or more persons in the household by blood, marriage, domestic partnership, legal adoption, or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than three additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit. “Family” also includes persons who live together in a residential home or residential facility and not more than eight persons with disabilities who live together in a dwelling unit.
    
    
31. Fence, Sight-obscuring.  A fence or evergreen planting arranged in such a way as to obstruct vision.
    
    
32. Floor area.  The area included in surrounding walls of a building or portion thereof, exclusive of vent shafts and courts.
    
    
33. Garage, private.  An accessory building or portion of a main building used for the parking or temporary storage of vehicles owned or used by occupants of the main building.
    
    
34. Garage, public.  A building other than a private garage used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
    
    
35. Garden store.  A retail store for the sale of garden supplies and plants that are used in the care and development of residential property.
    
    
36. Grade (ground level).  The average of the finished ground level at the center of all walls of the building.  In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
    
    
37. Group living structure.  A structure that contains sleeping areas and at least one set of cooking and sanitary facilities that is used as a residence by six to fifteen unrelated persons, where the tenancy is arranged on a month-to-month basis or longer, and the home is occupied by the owner or the owner’s agent and that person supervises the use of the home.  “Group living structure” does not include a residential home, residential facility, senior or convalescent care facility, or specialty housing facility.  “Group living structure” also does not include residential uses accessory to a college, medical center or religious institution (such as dormitories, fraternities, or monasteries), which are included as part of an approved concept development, planned unit development or conditional use plan.  The number of residents in a group living structure is limited to the density of the underlying zone, at an equivalency ratio of four persons equaling one dwelling unit. (Added by Ord. No. 5667/9-06)
    
    
38. Habitat Benefit Areas. In accordance with the Tualatin Basin Fish & Wildlife Habitat Program, areas shown on Metro’s Regionally Significant Fish and Wildlife Habitat Inventory map as containing Classes I, II, and III riparian corridors/wildlife habitat and Class A Upland Wildlife Habitat. (Added by Ord. No. 5729/3-07)
    
    
39. Habitat Friendly Development Practices. Includes a broad range of development techniques and activities that reduce the detrimental impact on fish and wildlife habitat relative to traditional development practices. (Added by Ord. No. 5729/3-07)
    
    
40. Height of building.  The vertical distance from the “grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the point midway between the ridge and the eves of a pitch or hip roof.
    
    
41. High Profile Industrial Building.  An industrial building designed and constructed for manufacturing or warehouse use, characterized by highly specialized mechanical and/or automated equipment requiring structural heights greater than 45 feet.  (Added by Ord. No. 4096/9-92.)
    
    
42. Home occupation.  A lawful activity, excluding a business in which the primary activity is direct on-site sale of a product(s,) manufactured on or off-site, to the general public, conducted on a residential property, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the property is maintained.  Home occupations shall be permitted and operated pursuant to the provisions of Section 128A (IV), General Approval Criteria and performance Standards.  (Amended by Ord. No. 4856/8-00.)
    
    
43. Hospital.  An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.
    
    
44. 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.  (Amended by Ord. No. 3029/8-79.)
    
    
45. Institutional development.  Includes all public/semi-public and private community facilities and uses, including government office and maintenance facilities, educational facilities, research institutions, correctional institutions, museums, libraries, stadiums, hospitals, auditoriums and convention or meeting halls, churches, parks and public recreational facilities, automobile parking structures, transit transfer   stop and park-and-ride facilities, and other similar facilities and uses. (Added by Ord. No.  4465/8-96.)
    
    
46. Kennel.  (Deleted by Ord. No. 5960/3-11.)
    
    
47. Light Rail Construction Area.  Any property not within the light rail right-of-way used or to be used by light rail construction contractors for the purpose of temporary equipment and materials storage and construction office location. (Added by Ord. No. 4300/12-94.)
    
    
48. Light Rail Facility.  Any structures, pieces of equipment, buildings, earthwork, or related facilities involved in the operation of light rail transit, including but not limited to:  tracks; bridges; crossings; cautionary poles and overhead wires; signal and communication buildings; operations buildings; traction power stations; platforms; transit stations; and sound walls.  (Added by Ord. No. 4300/12-94.)
    
    
49. Light rail station site.  Land currently or eventually to be owned or leased by Tri-Met, on which facilities will be located related to a light rail station stop, such as the station platform, a park-and-ride lot, bus stops, and other similar facilities.  Station site locations shall be determined by the City of Hillsboro in the manner set out in Section 135 of this ordinance.  For determining distance from a given light rail station site boundary, measurement shall be made from the nearest boundary of the station site to the point of interest to which measurement is being made.  Maps to be used in making this determination shall be the current Washington County Tax Assessors Maps and, as applicable, the most recent right-of-way maps drawn for the Westside Light Rail Project or the Hillsboro Extension of the Westside Light Rail Project.  (Added by Ord. No.  4465/8-96.)
    
    
50. Lot.  A parcel or tract of land.
    
    
51. Lot area.  The total horizontal area within the lot lines of a lot.
    
    
52. Lot, corner.  A lot abutting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than 135 degrees.
    
    
53. Lot depth.  The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
    
    
54. Lot, Flag.  A lot so shaped that the building area (the “flag”) is not adjacent to the street or alley on which the lot fronts, and which includes an access strip (the “pole”) connecting the building area to the street or alley. (Added by Ord. No. 5892/12-08.)
    
    
55. Lot, interior.  A lot other than a corner lot.
    
    
56. Lot line.  The property line bounding a lot.
    
    
57. Lot line, front. Unless otherwise specified elsewhere in this Ordinance, in the case of interior or corner lots, the front lot line(s) is or are the property line(s) separating the lot from a street or alley.

     

    In the case of flag lots, the front lot line is the edge of the improved area of the common driveway, or the extension of the access property line closest to the building area, to which the garage or parking area shall be oriented.  If the flag lot is the farthest flag lot from the street or alley, with no possibility of future extension of the access to adjacent property, at the option of the applicant the front lot line may be the property line closest to the street or alley, and the garage or parking area may be oriented toward that line.   (Amended by Ord No. 5778/8-07 and 5892/12-08.)
    
    
58. Lot line, rear.  A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at maximum distance from the front lot line.
    
    
59. Lot line, side.  Any lot line not a front or rear lot line.
    
    
60. Lot width.  The horizontal distance between the side lot lines, ordinarily  measured parallel to the front lot line.
    
    
61. Main building entrance.  A primary entrance to a building, intended for use by residents, employees, students, customers, clients, commuters, visitors, messengers or other members of the public.  (Added by Ord. No.  4465/8-96.)
    
    
62. Major retail use.  A retail operation with 60,000 square feet or more of gross leasable area per building or business.  (Added by Ord. No. 5050/8-01.)
    
    
63. Major transit stop.  Includes existing or planned light rail stations and transit transfer  stops (except for temporary facilities).  "Major transit stop" also includes other planned stops designated as major transit stops in the City's Transportation System Plan and existing stops which are located along transit routes that have, or are planned for 20 minutes service during the peak hour and which either (1) are located in a transit district, or (2) are located within one-quarter mile of an area planned or zoned for (a) medium or high density residential development; (b) intensive commercial or industrial uses which is within one-quarter mile of an area planned and zoned for medium or high density residential development; or (c) uses likely to generate a relatively high level of transit ridership.  As used in this definition, “transit route” means the SW Baseline-Main Street roadway, NW Cornell Road, SW 185th Avenue, NW Walker Road, and the Tualatin Valley Highway and other roadways designated as “transit routes” in the adopted City Transportation System Plan.  (Added by Ord. No.  4465/8-96.)
    
    
64. Manufactured Home.  A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.  (Added by Ord. No. 4213/3-94.)
    
    
65. Manufactured Home Park.  A lot, tract or parcel upon which six or more mobile or manufactured homes are placed, and the land upon which said homes are placed is rented or leased to the owners of said homes, or said owners hold ownership in common.  (Amended by Ord. No. 3609/4-86; Renumbered and Revised by Ord. No. 4213/3-94.)
    
    
66. Minimum Residential Density.  The minimum number of residential dwelling units required per net residential acre of developable land.  The minimum residential density shall be at least 80% of the maximum number of dwelling units that can be built per net residential acre permitted by the zoning designation for the site.  The minimum density permitted for a project is calculated by multiplying the minimum density standard by the net residential acres within the development site.  However, in cases where significant natural resources are encountered within developable land, the minimum residential density may be limited to 50% of the maximum permitted by the zoning designation for the site in order to accommodate the protection of such significant natural resources including those identified within the City’s Significant Natural Resource Overlay District, or within Habitat Benefit Areas included in Metro’s Regionally Significant Fish and Wildlife Habitat Inventory. (Added by Ord. No. 4902/5-00, Amended by Ord. 5729/3-07.)
    
    
67. Mixed Use Development.  One or more structures, on a lot or contiguous lots, in which a combination of residential and commercial or commercial and industrial uses are permitted, but where uses not permitted in the underlying zone are limited to less than 40 percent of the overall floor area of the structure or structures.  (Added by Ord. No. 4223/4-94.)
    
    
68. Mobile Home.  A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.  (Amended by Ord. No. 3609/4-86 and Renumbered and Revised by Ord. No. 4213/3-94.)
    
    
69. Mobile Home Special Use Area.  (Deleted by Ord. No. 4213/3-94.)
    
    
70. Mobile Home Subdivision.  (Deleted by Ord. No. 4213/3-94.)
    
    
71. Motel or auto court.  A building or group of buildings on the same lot containing guest units with separate entrance from the building exterior and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities, for rental to transients.
    
    
72. Nearby.  When used in connection with bicycle and pedestrian access, “nearby” means uses within one-half mile distance of such access which can reasonably be expected to be used by pedestrians.  (Added by Ord. No.  4465/8-96.)
    
    
73. Neighborhood activity center.  Neighborhood activity centers include, but are not limited to, existing or planned parks, schools, shopping areas, employment centers, transit stops, recreational centers, theaters, museums, and other pedestrian oriented land uses that attract or are capable of attracting a significant level of daily pedestrian usage.  (Added by Ord. No.  4465/8-96, and Amended by Ord. No. 5892/12-08.)
    
    
74. Net Residential Acre.  A net residential acre is equal to one acre of developable residential land.  Net residential acreage is calculated by adjusting the gross acreage of a parcel or lot by deducting the amount of “undeveloped” land.  Net residential acreage equals the gross square footage of a site minus the undeveloped land divided by 43,560.  Undeveloped land is defined as, and limited to, that which is:
    
    1. Required for dedications of public and private rights-of-way and access easements, and for internal streets required for fire access;
    2. Required for storm water treatment and detention facilities;
    3. Required usable open space land whether included on the subject site or as a prorated share of aggregated usable open space or common areas applied to and credited towards the subject site, and any land dedicated to the City for parks or greenways;
    4. Optional open space within inventoried Significant Natural Resource Areas or in proximity to inventoried Cultural Resource structures;
    5. Delineated wetlands, and vegetated corridors as required by Clean Water Services; and
    6. Any land with slopes of twenty-five percent (25%) or greater or within the most current mapped 100-year floodplain (as referenced in Section 131), unless used for building or parking purposes.
          (Added by Ord. No. 4902/5-00, Amended by Ord. No. 5778/8-07.)

        

75. Nonconforming structure or use.  A lawful existing structure or use at the time this ordinance or any amendment thereto becomes effective which does not conform to the requirements of the zone in which it is located.
    
    
76. Parent Parcel.  A lot of record or a lot in a proposed land division which is proposed to be developed with one or more multiple-unit residential structure(s), and which may be further divided to allow individual ownership of each unit.
    
    
77. Parking space.  A permanently maintained space with proper access for one standard size automobile as indicated in Section 86.  (Amended by Ord. No. 2535/11-72.)
    
    
78. Pedestrian/bicycle accessway, or Accessway.  Any off-street path or way designed and constructed for use by pedestrians and bicyclists which provides direct routes within and from new subdivisions and planned unit developments to other residential areas, transit streets, shopping areas and neighborhood activity centers where such routes are not otherwise provided by the street system.  Pedestrian/bicycle accessways through parking lots are generally physically separated from adjacent vehicle parking,  parallel vehicle parking, of vehicular traffic by curbs or similar devices and include landscaping, trees and lighting.  Where pedestrian/bicycle accessways cross driveways, they are generally raised, paved or marked in a manner that provides for convenient and recognized access for pedestrians.  (Added by Ord. No.  4465/8-96.)
    
    
79. Pedestrian connection.  A continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use.  Pedestrian connections include but are not limited to sidewalks, pedestrian walkways, pedestrian/bicycle accessways, stairways and pedestrian bridges.  On developed parcels, pedestrian connections are generally hard surfaced.  In parks and natural areas, pedestrian connections may be soft-surfaced pathways.  (Added by Ord. No.  4465/8-96.)
    
    
80. Pedestrian plaza, or Plaza.  A small, semi-enclosed area, usually adjoining and connecting directly to a sidewalk, pedestrian walkway, transit stop or building entrance, that provides a place for pedestrians to sit, stand or rest.  Pedestrian plazas are usually paved with concrete, pavers, bricks or similar material and include seating, pedestrian scale lighting and similar pedestrian scale elements and improvements.  Pedestrian plazas typically include low walls or planters and landscaping to create a semi-enclosed space and to buffer and separate the plaza from adjoining parking lots and vehicle maneuvering areas.  A plaza including 150 to 250 square feet of area would be considered "small."  (Added by Ord. No.  4465/8-96.)
    
    
81. Pedestrian scale.  Site and building design elements that are dimensionally less than those intended to accommodate automobile traffic, flow and buffering.  Examples include ornamental lighting of limited height; bricks, pavers or other modules of paving with small dimensions; a variety of planting and landscaping materials; arcades or awnings that reduce the height of walls; and signage and signpost details that can only be perceived from a short distance.  (Added by Ord. No.  4465/8-96.)
    
    
82. Pedestrian walkway.  A hard surfaced facility for pedestrians within a development or between developments, distinct from surfaces used for motor vehicles.  A pedestrian walkway is distinguished from a sidewalk by its location on private property outside the public right-of-way and from a pedestrian/bicycle accessway and pedestrian connection by the primary function it serves which is to provide for safe and convenient internal pedestrian movement within a site or property. (Added by Ord. No.  4465/8-96.)
    
    
83. Person.  Every natural person, firm, partnership, association, or corporation.
    
    
84. Planning Director.  The Planning Director of the City of Hillsboro or the Planning Director's designee.  (Added by Ord. No.  4465/8-96.) 
    
    
85. Reasonably direct.  When used in connection with bicycle and pedestrian access, “reasonably direct” means either a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.  (Added by Ord. No.  4465/8-96.)
    
    
86. Residential Recreation Center.  A private property or structure for which recreation is the primary use, the structure or use being developed in conjunction with a surrounding residential development.  (Added by Ord. No. 3599/2-86.)
    
    
87. Residential facility.  “Residential facility” as defined by state law (currently ORS 197.660), including a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, licensed or registered under ORS 443.400 to 443.460 or licensed under ORS 418.205 to 418.327 by the Department of Human Services that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related.  Staff persons required to meet licensing requirements are not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. (Added by Ord. No. 5667/9-06)
    
    
88. Residential home.  “Residential home” as defined by state law (currently ORS 197.660), including a residential treatment or training or an adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements are not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. (Added by Ord. No. 5667/9-06)
    
    
89. Safe and convenient.  When used in connection with bicycle and pedestrian access, “safe and convenient” means bicycle and pedestrian routes, facilities and improvements that are reasonably free from hazards (particularly types or levels  of automobile traffic which would interfere with or discourage short pedestrian or bicycle  trips); that provide a reasonably direct route of travel between the place of origin and place of destination; and, that meet the travel needs of pedestrians and bicyclists considering destination and length of trip and an optimum trip length for pedestrians  of generally one-quarter to one-half mile.  (Added by Ord. No.  4465/8-96.)
    
    
90. Senior or Convalescent Care Facility.  A living facility for six or more non-related persons, which provides specialized care, supervision, treatment, training, or a combination of these services, for residents.  This definition includes, but is not limited to, Assisted Living or Residential Care Facilities, Congregate Care Facilities, Nursing Homes, Sanatoriums, and Geriatric Care Facilities.  (Added by Ord. No. 5667/9-06)
    
    
91. Sign. (Deleted by Ord. No. 5676/10-06. See Municipal Code Chapter 15.20.)
    
    
92. Specialty Housing.  An independent living facility for six or more non-related persons, in which specialized care or other services for residents is not provided, but which has structural accommodations or amenities for senior or disabled residents.  (Added by Ord. No. 5667/9-06) 
    
    
93. Story.  That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above.  If the finished floor level directly above the basement or cellar is more than 6 feet above grade, such basement or cellar shall be considered a story.
    
    
94. Street.  The entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms "road," "highway," "lane," "place," "avenue," "alley," or other similar designations.
    
    
95. Structure.  That which is built or constructed.  An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.  For purposes of this Ordinance the following shall not be considered structures for the purposes of determining yards: sound walls installed adjacent to light rail facilities, pursuant to the March 1994 Final Environmental Impact Statement:  Hillsboro Extension of the Westside Corridor; accessibility ramps; and first-story decks located within the required side, rear, and interior setback areas, which comply with the following standards:
    1. Decks shall not be located closer than three feet to the side, rear, and interior property lines;
    2. Decks shall not exceed a height of the first-story finished floor or 24 inches (measured from natural grade to the finished deck surface) whichever is less; and, 
    3. Deck surfaces, and ground surfaces beneath the deck, both of which are permeable. 
    (Amended by Ord. No. 4300/12-94 and 5194/9-02.)
    
    
96. Structural alteration.  A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, or the roof.
    
    
97. Third Place.  A commonly accessible location within a neighborhood, which is neither “home” nor “work”, which functions as a gathering place for social interaction among residents and visitors.  Alternatively, a commonly accessible location within a business district or a campus development which fulfills the same function for employees and customers.  Such locations are characterized by planned or spontaneously occurring amenities such as hardscaped or landscaped group seating areas and activities equipment.  Third places can be either indoors or outdoors, and either publicly or privately owned.  (Added by Ord. No. 5778/8-07)
    
    
98. Transit district.  Includes lands within one-quarter mile of a light rail station site as defined in Section 135 of this ordinance or as otherwise identified in the City's comprehensive plan, transportation system plan, or in a detailed station area plan.  (Added by Ord. No.  4465/8-96.)
    
    
99. Transit oriented uses.  Include multifamily residential, retail, office and institutional developments designed to support a high level of transit use and transit supportive features such as bus stops and pullouts, bus shelters, park and ride stations, pedestrian spaces containing landscaping and benches plus at least two other pedestrian amenities such as awnings, water features, public art or kiosks, pedestrian scale outdoor lighting, or outdoor eating areas or vendors, and the like. (Added by Ord. No.  4465/8-96.)
    
    
100. Transit Park and Ride.  Any surface parking lot or parking structure owned and/or operated by or on behalf of Tri-Met, which provides automobile and bicycle parking for light rail and/or bus transit riders.  (Added by Ord. No. 4300/12-94.)
     
     
101. Transit stop.  Any posted bus or light rail stop.  (Added by Ord. No.  4465/8-96.)
     
     
102. Transit trunk route.  Any arterial or collector street upon which Tri-Met currently provides continuous 20-minute service during weekday business hours.  Upon adoption of  the City’s Transportation System Plan, "transit trunk route" means any arterial, collector or other street identified as a transit trunk route in that Plan or any subsequent amendment thereto.  (Added by Ord. No.  4465/8-96.)
     
     
103. Trailer-Coach.  (Deleted by Ord. No. 3029/8-79.)
     
     
104. Trailer-Park.  (Deleted by Ord. No. 3029/8-79.)
     
     
105. Usable Open Space.  Planned and improved open areas that provide opportunities for active recreation; passive relaxation; or community interaction.  Such areas may include, but are not limited to:  children’s play areas; pocket parks; improved playing fields or courts; and paved or landscaped pedestrian spaces.  Usable open space does not include:  foundation landscaping; enlarged or enhanced parking strips or sidewalks; or unimproved or vacant areas.  Usable open space may include Resource Level 1, 2, or 3 Significant Natural Resource areas, wetlands or buffers only if such areas are enhanced pursuant to the standards of this Ordinance.  (Added by Ord. No. 5778/8-07)
     
     
106. Use.  The purpose for which land or a structure is designed, arranged, or intended or for which it is occupied or maintained. 
     
     
107. Vision clearance area.  A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations.  The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides.  Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.  The vision clearance area contains no planting, walls, structures, or temporary or permanent obstructions exceeding 30 inches in height, except occasional tree trunks or poles.  The vision clearance area shall be measured from the top of the curb or, if there is no curb, from the centerline street grade and extend upward 10 feet.
     
     
108. Yard.  An open space on a lot which is unobstructed by a building or structure from the ground upward except as otherwise provided in this ordinance.  (Amended by Ord. No. 5194/9-02.)
     
     
109. Yard, front.  A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building.
     
     
110. Yard, rear.  A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building.
     
     
111. Yard, side.  A yard between the front and rear yard measured horizontally and at right angles to the side lot line from the side lot line to the nearest point of the building.
     
     
112. Yard, front (corner lot).  In a corner lot, the yards abutting all intersecting streets.  (Added by Ord. No. 2350/4-70.)
     
     
113. Yard, interior (corner lot).  In a corner lot, a yard adjacent to any lot line which is not a street line.  (Added by Ord. No. 2350/4-70.)
     

(Section 3 amended and renumbered by Ord. No. 4663, 5050/8-01, 5168/7-02, 5667/9-06, 5676/10-06 and 5892/12-08.)

Section 4.  Compliance with Ordinance Provisions.   A structure or lot shall hereafter be used or occupied and a structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or otherwise altered only as this ordinance permits.

Section 5. Classification of Zones. For the purposes of this ordinance, the city is divided into zones designated as follows:

Section 6.   Zoning Map.

(1)  The location and boundaries of the zones designated in Section 5 are hereby established as shown on the map entitled “City of Hillsboro Zoning Map” hereafter referred to as the "Zoning Map." (Amended by Ord. No. 5778/8-07)

(2)  The original signed copy of the zoning map shall be maintained without change on file in the office of the city recorder. (Amended by Ord. No. 5778/8-07)

(3)  Copies of the Zoning Map showing all amendments shall be maintained by the Planning and Information Services Departments.  (Added by Ord. No. 3029/8-79, and Amended by Ord. No. 5778/8-07)