Section 136.I - III

I. Purpose

II. Land Use Districts (Descriptions)

A. Station Community Commercial - Downtown District (SCC-DT )

B. Station Community Commercial-Highway Oriented District (SCC-HOD)

C.  Station Community Commercial-Station Commercial (SCC-SC)

D. Station Community Commercial-Multi-Modal (SCC-MM)

E. Station Community Residential-High Density (SCR-HD)

F. Station Community Residential-Medium Density (SCR-MD)

G. Station Community Residential-Low Density (SCR-LD)

H. Station Community Residential-Village (SCR-V)

I. Station Community Residential-Orenco Townsite Conservation (SCR-OTC)

J. Station Community Residential-Downtown Neighborhood Conservation (SCR-DNC)

K. Station Community Industrial (SCI)

L. Station Community Business Park (SCBP)

M. Station Community Research Park (SCRP)

N. Station Community Fair Complex Institutional (SCFI)

III.   Definitions

IV.   Permitted Land Uses

Table 1: Station Community Commercial District

Table 2: Station Community Residential District

Table 3: Station Community Industrial and Institutional Districts

V.   Destruction or Expansion of Existing Uses or Structures

VI.   Restricted and Specially Regulated Land Uses

VII.   Development Review and Related City Development Code

Section 136.VIII-X

VIII. Calculations

IX. Conflicts

X. Variances

Section 137.I-II

I.    Scope

II.   Development Criteria

Table 1.a: Station Community Commercial-Central Business District (SCC-CBD)

Table 1.b: Station Community Commercial-Highway Oriented District (SCC-HOD)

Table 1.c: Station Community Commercial-Station Commercial (SCC-SC)

Table 1.d: Station Community Commercial-Multi-Modal (SCC-MM)

Table 1.e: Station Community Residential-High Density (SCR-HD)

Table 1.f: Station Community Residential-Medium Density (SCR-MD)

Table 1.g: Station Community Residential-Low Density (SCC-LD)

Table 1.h: Station Community Residential-Village (SCR-V)

Table 1.i: Station Community Residential-Orenco Townsite Conservation (SCR-OTC)   

Table 1.j: Station Community Residential-Downtown Neighborhood Conservation (SCR-DNC)

Table 1.k: Station Community Industrial (SCI)

Table 1.l: Station Community Business Park (SCBP)

Table 1.n: Station Community Fair Complex Institutional (SCFI)

Section 137.III-IV

III. Minimum Lot Size

IV. Minimum Lot Width and Depth

Section 137.V-VII

V.   Minimum and Maximum Residential Densities and Ancillary Dwelling Units

VI.   Minimum Floor Area Ratios

VII.  Minimum Non-Residential Density Objectives

VIII.  Minimum and Maximum Setbacks from Streets and Alleys

IX.  Vision Clearance

X.   Minimum and Maximum Building Height Requirements

XI.   Minimum and Maximum Off-Street Parking Requirements

Table 2: Maximum Non-Residential Parking Standards in Station Community Districts   

Table 3: Residential Parking Standards in Station Community Districts

XII.  Minimum Usable Open Space Requirements

XIII.  Minimum Landscaping, Natural Resource and Mature Tree Preservation

XIV.  Mixed Use Buildings and Mid-Rise Apartments

XV.  Sidewalks

XVI.   Street and Alley Standards

Table 137.4 Level of Service Standards Within Station Communities

XVII.   Lot Access

Figure 1 - Downtown SCPA Sidewalk Requirements

Figure 2 - Fair Complex Sidewalk Standards

Figure 3 - Orenco SCPA Sidewalk Standards

Figure 4 - Quatama/185 th Sidewalk Standards

Figure 5 - Approved Downtown Alley Improvements

Section 138.I-III

I.   Scope

II.   Purpose

III.   Process

IV.   Improvements Between Streets and Buildings

V.   Building Entries and Orientation

VI.   Ground Floor Windows and Building Facades

VII.   Building Step-Back Requirements

VIII.   Location and Design of Off-Street Parking

IX.   Drive-Through Uses

X.   Outdoor Display, Storage and Signs

XI.   Alleys

XII.   Streetscape and Site Design Standards and Guideline

XIII.   Standards for Protection within Historic and Cultural Conservation Districts

Section 139.I-II

I.   Scope

II.   Purpose

III.   Modification to Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 140.I-II

I.   Scope

II.   Purpose

III.   Development Regulations

IV.   Design Standards

Figure 1 : Street Tree Plan (1908 Platted Townsite Area)

Figure 2 : Plant List

Figure 3 : Pedestrian Circulation Plan

Figure 4 : Orenco Townsite Plat: 1908, 1911

Figure 5.1 : Station Community Street Types

Figure 5.2 : Street Network

Figure 5.3 : On Street Parking

Figure 5.4 : Street Standard Type "A"

Figure 5.5 : Street Standard Type "B"

Figure 5.6 : Street Standard Type "C"

Figure 5.7 : Street Standard Type "D"

Figure 5.8 : Street Standard Type "E"

Section 141.I-III

I.   Scope

II.   Purpose

III.   Modifications to Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 142.I-III

I.   Scope

II.  Purpose

III.   Modifications To Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 136: STATION COMMUNITY PLANNING AREAS

VI . RESTRICTED AND SPECIALLY REGULATED LAND USES

A. Within 2,600 feet of a light rail station site, except as otherwise provided below, the following uses are not transit-supportive and shall not be established as new uses, nor may existing uses or structures be converted to the following uses:

1. Book bindery, except in a SCI or SCBP District.

2. Building materials sales and supplies, excluding hardware stores not exceeding 10,000 square feet in area.

3. Bulk retail uses.

4. Car washes

5. Cemeteries.

6. Cold storage plants.

7. Commercial or accessory parking structures within 400 feet of a light rail station, excluding parking structures for which the ground floor perimeter adjacent to a street, excluding ramp and pedestrian access to the parking structure, and any required disabled and bicycle parking, is occupied or available for retail or pedestrian-related office or service uses.

8. Commercial or accessory surface parking lots within 850 feet of a light rail station site, unless the lot is located in the center of a block, behind buildings fronting the perimeter of the block face; or similarly situated where grid pattern blocks do not exist.

9. Drive-through and drive-in facilities within 400 feet of a light rail station site, except as provided in subsection 11 below. (Amended by Ord. No. 4737/1-99.)

10. Drive-through and drive-in facilities greater than 401 and less than 850 feet from a light rail station site are allowed provided the drive-through or drive-in component of the operation or service is not the primary method of selling or servicing; unless such uses are prohibited or subject to more restrictive provisions in a particular SCPA District, in which case the more restrictive provisions of the district shall apply.

11.New drive-through and drive-in uses are limited in the SCC-DT District. In all other districts, drive-through and drive-in facilities are allowed beyond 850 feet from a LRT station if the use is permitted in the district. (Amended by Ord. No. 4737/1-99, 4930/7-00, 5006/3-01 and 5973/7-11.)

Throughout the SCC-DT, new drive-through and drive-in facilities are allowed only in compliance with the following criertia:

a. a maximum of one single drive-through lane or window is proposed;

b. the applicant can demonstrate that the drive-through lane is not the primary method of selling or servicing:

c. the development meets all other requirements of Sections 137 through 142, including but not limited to maximum setbacks, minimum floor area ratio, and percentage of front - wall glass;

 

 

d. the drive-through lane or window and the associated access drive(s) are designed to minimize disruptio n of on- and off-site pedestrian and bicycle traffic.

(Amended by Ord. No. 4930/7-00 and 5973/7-11.)

12. Electrical power generators.

13. Farm machinery, equipment or implement sales or service.

14. Fuel dealerships and storage yards (including card locks).

15. Furniture and appliance stores, excluding stores not exceeding 10,000 square feet in area which provide home delivery.

16. Junk yards and motor vehicle wrecking yards.

17. Kennels, excluding those accessory to veterinary clinics or medical research facilities.

18. Land-extensive recreational facilities, except in the SCFI District.

19. Manufactured home sales lots.

20. Mini-warehouses and/or mini-storage units.

21. Motels.

22. Motor vehicle service, maintenance or repair facilities within 400 feet of a light rail station site boundary, excluding retail or wholesale outlets selling motor vehicle parts and accessories without provision for on-site installation. (Amended by Ord. 4930/7-00.)

23. Motor vehicle, recreational vehicle, boat and travel trailer sales, leasing, rental or storage, except rentals where the rental vehicles are not stored on a site within 2,600 feet of a light rail station site.  (Amended by Ord. No. 4930/7-00 and 5973/7-11.)

24. Movie theaters with four or more screens, unless structured or joint use parking is available within 800 feet to accommodate eighty percent (80%) of theater patrons. Within the SCC-DT movie theaters with up to eight screens are permitted without complying with the parking restriction noted above. (Amended by Ord. No. 5973/7-11.)

25. Nurseries and greenhouses, retail and wholesale, except that in the SCC-DT District retail nurseries and retail greenhouses less than 5,000 square feet in size are permitted. (Amended by Ord. No. 5973/7-11.)

26. Recreational vehicle parks and campgrounds.

27. Seasonal uses, excluding seasonal uses in the SCC-DT District. (Amended by Ord. No. 5973/7-11.)

28. Solid waste transfer stations.

29. Truck stops.

30. Warehouses storing materials or products not primarily manufactured or assembled on site or used in the on-site process, or used in the maintenance or operation of on-site facilities, excluding the following:

a. Buildings constructed prior to the effective date of this Ordinance that were originally designed to be used primarily for   warehouse use.

b. Buildings storing materials ancillary to the product manufactured on-site and to be marketed in conjunction therewith.

B. Destruction of Restricted Uses  

Lawfully existing restricted land uses located within a Station Community Planning Area shall be exempt from the provisions of Zoning Ordinance Section 104, Destruction of a Non-Conforming Use, and the structures occupied by such uses may be rebuilt if destroyed, provided replacement construction complies with the development and design standards in Sections 137 through 142, application for development approval is filed within six months and construction commences not more than one year after destruction of the original structure.

C. Expansion of Restricted Uses

1. Except for drive-through facilities within 400 feet of a light rail station site and surface parking lots adjacent to light rail transit station sites, a restricted land use lawfully in existence as of the effective date of this Ordinance shall be allowed to increase its size through contiguous expansion up to a maximum of 20 percent (20%) of the gross floor area existing as of the effective date of this ordinance provided the requirements of Section 99, Enlargement or Expansion of Non-Conforming Uses, the requirements Section 133, Development Review/Approval of Plans, and the standards of Sections 137 through 142 are met.

2. Notwithstanding the provisions of paragraph 1, above, and subject to the provisions of Section 133, Development Review/Approval of Plans, and the standards of Sections 137 through 142, the following restricted land uses lawfully in existence as of the effective date of this Ordinance and doing business within the SCC-DT District shall be allowed to expand without limit as to the size of contiguous expansion:

a. Car washes.

b. Drive-through facilities greater than 400 feet from a light rail station site.

c. Furniture and appliance stores.

d. Motels.

e. Motor vehicle service, maintenance and repair facilities.

(Amended by Ord. No. 5973/7-11.)

D. Specially Regulated Uses

1. Purpose.

Station Communities are intended to be dense and compact developments. Toward that end, the Station Community Planning provisions of Sections 136 through 142 require developments to adhere to principles that promote density and land uses that fit those characteristics. Provision has been made in Section 136 for variances from applicable development standards excluding allowing a change in use. However, in certain limited circumstances a change in use may be in the public interest. Special attention should also be given to certain economic activities and uses involving processes and/or materials that are hazardous or inappropriate for use in a densely populated area like Station Communities or only if extraordinary precautions are employed. Consequently, it is warranted to create a classification of Specially Regulated Land Uses to account for extraordinary circumstances within Station Communities. Notwithstanding the provisions of Section 136.IV Permitted Use Tables 1-3, Specially Regulated Land Uses shall not be deemed a "Permitted Use" as that term applies within Station Community Planning Areas.   Except as provided in this subsection, Specially Regulated Land Uses shall be processed as and considered Conditional Uses under the Zoning Ordinance.

The following Specially Regulated Land Uses may be permitted within Station Community Planning Areas, subject to the standards, restrictions and circumstances described below:

(Added by Ord. No. 4545/4-97.)

2. Uses Under High Voltage Power Lines.

Lands subject to power line restrictions are lands under or within the right-of-way or easement of electric power transmission lines owned or operated by the Bonneville Power Administration ("BPA") or other electric utility high voltage power lines of substantially similar width, voltage and hazard, subject to the specific approval and conditions of BPA or the other utility.   Notwithstanding any use or density requirement of the otherwise applicable SCPA provisions, such lands may be used for parking, storage, water quality facilities, maintained lawn area, or other low height, low intensity use acceptable to BPA or the other utility.   This provision does not permit a major shift in land use category (e.g., from residential to commercial, or commercial to industrial uses), but does allow an otherwise restricted or low-intensity use to occur, within the limits of the BPA or other utility right-of-way or easement area.   Such restricted areas shall be excluded from the gross acreage of the site for purpose of calculating density and floor area ratio requirements for the site as a whole.  However, if allowed by BPA or other utility, and if appropriate improvements are made, the area may, at the discretion of the applicant, apply towards the usable open space requirements of the project.

(Added by Ord. No. 4545/4-97.)

3. Uses Involving Hazardous Materials.

a. Definitions. As used in this subsection, the following terms shall have meaning as defined below:

(1) Regulated materials:   Any chemical or biological material, substance, or agent, classified as hazardous under the provisions of paragraph 3.1.A of this subsection or as listed in the rules and standards required by this subsection.

(2) Release:   Any spill, discharge, venting, radiation, or escape of a regulated material from its normal, intended, or appropriate containment vessel, piping, storage space, or other container, such that the regulated material has entered the outside environment or areas within the building in question outside the approved interior containment area.   A release may also occur through the normal operation or design of the proposed process or procedures of using one or more regulated materials.

(3) Use or used:  Within the context of the sentence and as it relates to regulated materials (as opposed to being related to the land use or facility in question) the terms "use" or "used" shall include utilization, employment, application, handling, storage and/or transport of the regulated material in question.

                                          (Added by Ord. No. 4564/6-97.)

b. Regulated Materials and Standards

(1) Following adoption of administrative rules required by this subsection, and except as provided in paragraph (2) of this subsection, any use, project or establishment shall require a Hazardous Materials Permit if the use, project or establishment includes or proposes to include or allow any:

(a) "Type H Occupancy" as defined and regulated by the State Structural Specialty Code with Oregon Amendments;

(b) Outside storage of flammable, combustible, explosive or regulated materials as governed by the Uniform Fire Code or the Fire Code Ordinance of the City of Hillsboro; or

(c) Use or release of biological agents requiring biosafety containment precautions as determined by the National Institutes of Health or the U.S. Center for Disease Control; or

(d) Use or release of an "extremely hazardous substance," or a "hazardous chemical," or a "toxic chemical" in quantities requiring reporting under, and as such terms are defined in, the Emergency Planning and Community Right-To-Know Act of 1986 [Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. Sec. 55.11001 to 55.11050)] and its associated Federal and Oregon State regulations.

(e) Use or release of any materials classified as regulated materials under administrative rules adopted under this subsection.

(2) Any use, project or establishment shall be exempt and shall not require a Hazardous Materials Permit if the applicant's use of regulated materials:

(a) Is limited to regulated materials specifically exempt from the Hazardous Materials Permit process; or

(b) Is below the established minimum threshold(s) established by administrative rules for requiring a Hazardous Materials Permit; and

(c) Precludes combinations that are known to produce chemical or synergistic reactions that are more hazardous than the individual components of the reaction.

Exemption from the need for a Hazardous Materials Permit does not exempt a use, project or establishment from reporting any and all regulated materials contained on site to the City as required by the administrative rules and procedures adopted pursuant to this subsection.

(3) If a use, project or establishment is not exempt under the provisions of paragraph (2), above, a Hazardous Materials Permit shall be issued only upon demonstration that all of the following criteria, as applicable, are met:  

(a) The use, project or establishment proposes to use regulated materials in such quantities, combinations, and under such manner of use, conditions and precautions that a leak, explosion, fire or accident at the building or site containing or proposed to contain the regulated material(s) is unlikely to:

1) Release such regulated materials at levels greater than one-half (½) the recognized level deemed to be "Immediately Dangerous to Life and Health" ("IDLH") as defined and determined by the Structural Specialty Code and/or the Uniform Fire Code for the material, substance or agent in question; or

2) Release such regulated materials at levels the National Institutes of Health and/or the U.S. Center for Disease Control have determined to be hazardous to the life or health of those coming into contact with the material, substance or agent.

(b) Flammable and combustible liquids shall be stored such that any release is able to be controlled or contained within an approved containment area.

(c) The proposed regulated material is not prohibited by rule.

(d) The proposed combination of regulated material is not prohibited by rule.

(4) An application for any Building or Engineering Permit shall not be deemed complete unless the application submittal includes one of the completed documents listed below.   Any application for a land use action or permit shall either include one of the completed documents or the applicant shall simultaneously apply for an exemption or Hazardous Materials Permit along with, but separate from, the land use application:

(a) A signed and binding affidavit by the applicant stating the proposed use, project or establishment is exempt from the Hazardous Materials Permit process by virtue of the fact that the proposed use, project or establishment shall not contain any regulated materials;

(b) An Exemption Certificate; or

(c) A Hazardous Materials Permit.

(5) The City Manager, or designee, shall develop, adopt and publish administrative rules stating the procedures, regulations and standards necessary or appropriate to achieving the purposes and requirements of this subsection. The City Manager shall appoint a Hazardous Materials Review Committee to assist in developing, administering and implementing these rules, procedures and standards. The rules shall be adopted after providing notice and opportunity to be heard to interested persons.   The Hazardous Materials Review Committee shall obtain public comment and recommend adoption of any rule to the City Council. In developing and implementing the rules, procedures and standards the following provisions shall apply:

(a) The rules may be approved and become effective in more than one phase.   The first phase shall include, at a minimum, the administrative procedures, a list of regulated and exempt materials, minimum regulatory thresholds, and conditions or containment standards for commonly used regulated materials.   Objective standards for more complex situations or exotic materials, may be established in one or more subsequent phases of rule-making and adoption.  

(b) Except as provided in paragraph (c), below, administrative rules developed pursuant to this subsection shall be adopted by the City Council.

(c) Provision shall be made in the administrative rules for periodic and technical update of standards without the need for further City Council action.  An interested party may appeal such rule changes or amendments to the City Council.

                                          (Added by Ord. No. 4564/6-97.)

c. Requirements for Establishing the Hazardous Materials Permit Process.

The administrative rules and procedures allowed in subsection 3.b. shall generally follow the following guidelines:

(1) The administrative rules shall allow for a two level hazardous materials screening and permitting process:

(a) A Type I ministerial review to determine whether a Hazardous Materials Permit is required; and if required, whether certain predetermined conditions of approval customarily applied to the regulated materials in question is acceptable to the applicant without the need for a full Hazardous Materials Containment and Mitigation Review.   The Type I, "Hazardous Materials Screening" process shall be based on clear and objective technical standards developed by the Hazardous Materials Review Committee and adopted by City Council.   The "Hazardous Materials Screening" process is applicable where:

1) The Planning Director, or designee, can ministerially determine that a given use, project or establishment is exempt from the requirement for a Hazardous Materials Permit because it does not, nor does the applicant propose in the future to, use hazardous materials, substance or agents above the minimum regulatory threshold established in administrative rules; or

2) The Planning Director, or designee, can ministerially determine that a given use, project or establishment requires a Hazardous Materials Permit, but need not apply for a Hazardous Materials Containment and Mitigation Review because clear and objective conditions of approval have been established by administrative rules for the particular regulated material and use; or

3) The Planning Director, or designee, can ministerially determine that a given use, project or establishment is prohibited because the applicant proposes to (1) use regulated materials in hazardous combinations, or (2) use specific regulated materials that have been prohibited from use within densely populated areas such as, but not limited to, Station Communities.   In this case the application for exemption shall be denied.   However, upon filing of an appropriate application and payment of the appropriate fee, an applicant may appeal the decision to the Hazardous Materials Review Committee for a Hazardous Materials Containment and Mitigation Review.

(b) A Type II administrative process for a "Hazardous Materials Containment and Mitigation Review" and determination by the Hazardous Materials Review Committee on whether to approve a Hazardous Materials Permit.   A Review under these procedures shall be required when:  

1) The applicant proposes to use regulated materials in such quantities or in such combinations that the established minimum threshold(s) for regulation is, or may be, exceeded but pre-approved conditions of approval have not been established; or

2) The applicant has appealed a ministerial decision made during the Hazardous Materials Screening process based on one or more of the following grounds:

(i) The applicant objects to employment of the pre-approved conditions of approval and proposes to apply available alternative measures based on substantial evidence that clearly and objectively demonstrates that alternative control technologies and/or mitigating measures are available for approval and will meet the criteria for approval set forth in subsection 3.b.(3) shall be met; or

(ii) The applicant contends that the ministerial process misapplied the relevant criteria or conditions of approval, or alleges the decision includes conditions not supported by substantial evidence in the record; or

3) The applicant has appealed the denial of an exemption or prohibited use determination under the Hazardous Materials Screening process.

(c) If an applicant appeals the ministerial decision made during he Hazardous Materials Screening process, any such appeal shall be filed within seven (7) days of the date the Notice of Decision was mailed.   If no appeal is filed within seven days, the Planning Director's decision on the Screening shall become final on the eighth day after the Notice of Decision was mailed.   (Added by Ord. No. 4930/7-00.)

(2) An application for Hazardous Materials Screening, together with the appropriate fee, shall be filed requesting an exemption from the need for a Hazardous Materials Permit.   An application may be made simultaneous with most required land use actions (e.g., the first two stages of the Concept/Detailed Development Plan process, Design Review, Conditional Use Permit, etc.), but shall be accomplished in advance of applying for Final Development Plan approval or any Building or Engineering Permit where a land use action is not required.   Where an application is initiated concurrently with a land use action, each application process shall be considered separately with the outcome, or appeal, of one having no bearing on the process, timing or decision of the other.  

(3) The applicant for Hazardous Materials Screening shall provide the following information:

(a) An inventory of regulated materials to be used on the applicant's premises;

(b) An estimate of the maximum quantity of such regulated materials to be used on the premises at any given time;

(c) A statement of how and in what manner the regulated materials are to be used; and

(d) A statement describing the specific methods and technology to be employed to ensure the safe use and containment of the regulated materials.

(4) Upon receipt of the application for Hazardous Materials Screening, together with the required fee, the Planning Director, or designee, shall review the application for completeness and compliance with subsection (3) above, and shall advise the applicant regarding submittal of any additional materials necessary to comply with subsection (3).   If the Planning Director determines that additional material must be submitted, the applicant may submit such material within 180 days of receipt of the original application.   If the Planning Director, or designee, determines the submittal to be complete, the Planning Director, or designee , shall review the Hazardous Materials Screening submittal and issue a determination within ten (10) business days. (Amended by Ord. No. 493 0 /7-00.)

(5) If a Hazardous Materials Containment and Mitigation Review is required, the applicant shall file an application for a Review and pay a deposit sufficient to offset the actual cost including any consultant's report(s) ordered by the Hazardous Materials Review Committee. The amount of the deposit shall be based on a schedule that takes into account the size, scope and nature of the project, as well as the number, type and amount(s) of regulated materials in question. The City shall keep an accurate record of the direct, indirect and overhead costs of the Hazardous Materials Containment and Mitigation Review. Any unexpended portion of the deposit shall be refunded to the applicant. Any additional cost in excess of the deposit shall be due to the City upon completion of the Committee's final report and paid before its release.  Upon receipt of the application for Hazardous Materials Containment and Mitigation Review, together with the required fee, the Hazardous Material s Review Committee shall review the application for completeness and compliance with subsection (3) above, and shall advise the applicant regarding submittal of any additional materials necessary to comply with subsection (8).  If the Committee determines that additional material must be submitted, the applicant may submit such material within 180 days of receipt of the original application. (Amended by Ord. No. 4930/7-00.)

(6) Except as otherwise herein provided, the application for a Hazardous Materials Permit shall be reviewed and a decision rendered by the Hazardous Materials Review Committee.   The Committee shall be comprised of the following individuals or their designees:

(a) The Fire Marshal;

(b) The Building Code Official;

(c) The Public Works Director;

(d) The Planning Director; and

(e) A Hillsboro resident appointed by the City Manager based on the individual's technical knowledge and professional interest in one or more aspect of the subject.

The City's Technical and Legal Consultants on Hazardous Materials matters, and the City Attorney may serve from time-to-time as non-voting ex-officio members of the Committee on an as needed basis.   The City Manager may also assign staff resources for coordination and operation of Committee which are funded by a portion of the fees from the Hazardous Materials Screening and Hazardous Materials Containment and Mitigation Review processes.

(7) The Hazardous Materials Containment and Mitigation Review shall determine if the proposed use, project or establishment meets, or can be modified or mitigated to meet, the criteria set forth in subsection 3.b. paragraph (3), above.

(8) At the direction of the Committee, the applicant shall supplement the information required for the Hazardous Materials Screening process by providing:

(a) Any applicable statement, standards or specifications describing the industry standards for the safe use and containment of the regulated material in question.   Industry standards as used here include applicable governmental regulations as well as standards developed by industry trade, technical, and scientific societies, associations, groups and institutes.

(b) A statement from the applicant demonstrating how the applicant's specific methods and technology to be employed for the safe use and containment of the regulated materials fits with or deviates from the industry standards.

(c) Additional technical, engineering and/or scientific information necessary to the Committee's decision.

(d) If the proposed project has already entered the design phase or if it is a replication of an existing development using the same or substantially similar technology as being proposed, the Committee may request detailed drawings and specifications that show proposed plans and measures designed to ensure that the proposed use, project or establishment will achieve the criteria and meet all pertinent aspects of the Structural Specialty Code, the Uniform Fire Code, the City of Hillsboro Fire Code Ordinance, and any other pertinent City Ordinance related to the permitting, siting and/or regulation of such uses, projects or establishments; and

An application may be denied if the Committee finds that the information, data, plans or drawings required in the decision-making process are inadequate, incomplete or have not been provided in a timely fashion.

(9) The Hazardous Materials Containment and Mitigation Review process shall include a specific notice to potentially affected property owners within an appropriate distance of the applicant's site to achieve the intent of the Community Right-To-Know Act and any applicable state law or administrative rule. Alternatively, if allowed by state law or administrative rule, the notice may be published in the Newspaper of Record at least fourteen (14) days prior to the hearing.

(10)  A public hearing on the Hazardous Materials Containment and Mitigation application shall be held within thirty (30) days after the information required in subparagraph 3.c.(8) is submitted and deemed complete, but not less than fourteen (14) days after notice has been issued.   The hearing shall be open to the public and shall be conducted on the record of material and testimony submitted by the applicant, any consultant's report requested by the Committee, and any other testimony received at the hearing.   At the discretion of the Committee, the hearing may be continued, but in no case may the hearing be continue beyond fifty (50) days after the initial filing has been deemed complete unless the applicant voluntarily waives state statutory rights to a final decision within a particular period of time.   A decision shall be rendered by the Committee not more than 10 business days after the last evidentiary session.

(11) Pursuant to the Hazardous Materials Containment and Mitigation Review, the Committee may find that the use, project or establishment includes or proposes to include use of regulated materials, that:

(a) Are, in fact, below the established minimum thresholds of concern and require no other regulatory action;

(b) Are deemed too dangerous, either alone or in combination with other materials either proposed for use by the applicant or preexisting in the proximate area, to allow the proposed use in a densely populated area, such as a Station Community, thereby requiring denial of a Hazardous Materials Permit;

(c) Are above the established minimum threshold(s) or in combinations so as to be of concern, and are proposed for use in such manner that the best available technology and/or mitigation measures for that particular application has not been clearly demonstrated to be capable of meeting the criteria for approval, thereby requiring denial of a Hazardous Materials Permit; or

(d) Are above the established minimum threshold(s) or contained in combinations so as to be of concern, but may be granted a Hazardous Materials Permit subject to certain conditions.

Such conditions of approval may include, but are not limited to, restrictions on the quantity of regulated materials allowed to be on site; prohibitions against certain combinations of regulated materials being on site or within certain proximity of each other; special conditions for storage; the application of best technology; additional buffering or containment controls; provisions for regular and/or spot compliance inspections, reporting and inventory requirements, and/or periodic updating of emergency response plans; notice to the Fire Department when materials are brought on site; or other mitigation measures as determined by the Committee to be appropriate to the specific application and circumstances such that upon implementing and maintaining the conditions of approval the risk that a proposed use, project or establishment will be a danger to public health or safety is significantly reduced and the criteria cited in subsection 3.b. paragraph (3) are met.

(12) If the Committee finds the applicant fails to meet the criteria in subparagraph 3.b.(3) and denies issuance of a Hazardous Materials Permit, the denial shall not have bearing on other aspects of the use, project or establishment or on the use of other regulated materials for which a Permit has or may be issued; nor shall denial of the Hazardous Materials Permit preclude approval of any land use action, Building or Engineering Permit.

(13) If the Committee denies the application for a Hazardous Materials Permit, the applicant may, upon proper application and payment of the appropriate fee, appeal to the Hillsboro Planning and Zoning Hearings Board. Any such appeal shall be filed within seven (7) days of the date the Notice of Decision was mailed. If no appeal is filed within ten days, the City's decision on the permit shall become final on the eighth day after the Notice of Decision was mailed. A hearing before the Board shall be based on the record compiled during the Hazardous Materials Containment and Mitigation Review.  Notice of Appeal shall be provided to all participants in the Hazardous Materials Containment and Mitigation Review process. The criteria for decisions by the Board shall be those listed in subparagraph 3.b.(3) of this subsection. Unless waived by the applicant, any decision of the Board shall be rendered within 120 days of the date when the original application was deemed complete.   Notwithstanding any other provision of the Zoning Code, the decision of the Board is final. (Amended by Ord. No. 4930/7-00.)

(14) Because the above procedure is not necessarily a full engineering and Structural or Fire Code review of the construction plans and specifications, participation in this process does not preclude further investigation, analysis and requirements at the Building Permit stage of development.   However, an applicant may submit the materials and information developed for the Hazardous Materials Screening or Containment and Mitigation Review towards satisfaction of those requirements.

(15) If the Committee finds the applicant fails to meet the criteria in subparagraph 3.b.(3) and denies issuance of a Hazardous Materials Permit, but the applicant changes the process, procedures or use of the regulated material in question and prepares detailed plans and specifications clearly demonstrating that the approval criteria can be met, the applicant may, upon proper application and payment of appropriate fees, file for reconsideration by the Committee.

(16) Except as provided herein, any affidavit, exemption certificate or Hazardous Materials Permit presented to the City pursuant to the requirements of subparagraph 3.b.(4), above, shall apply only to the specific use, project or establishment in question, shall remain valid throughout the permit period and shall be transferable to subsequent owners of the facility. However, if any variable important to the decision making process is altered or if there is a change of occupancy type, a change in process, a change in the type, quantity or combination of regulated materials used at the site, or any other consequential change that would materially affect the determination as to whether the use, project or establishment is permitted, the affidavit, exemption certificate or Hazardous Materials Permit shall be deemed null and void and a new application required. If not deemed exempt or granted a new Hazardous Materials Permit within 60 days of such change, such operations at the establishment shall be prohibited and shall cease. A continuing violation of prohibited operations shall be a violation for each such day of operation, shall be subject to the maximum fine as provided in the Hillsboro Municipal Code for each violation, and may be subject to other legal action.

                                          (Added by Ord. No. 4564/6-97.)

d. Requirements for Establishing the Hazardous Materials Permit Standards.

(1)  The Hazardous Materials Review Committee shall hold public hearings and accept testimony in order to develop administrative rules to accomplish the purpose and requirements of this subsection. In establishing the rules, the Committee may also incorporate by reference, in whole or in part any rules, regulations, standards, guidelines and model regulations adopted or developed by Federal, state or local governments, public agencies, public interest groups or industry trade associations which the Committee deems germane and of value to the City.

(2) In developing and implementing the Hazardous Materials Permit process, the administrative rules may be approved and become effective in more than one phase.   The first phase shall, at a minimum, establish:

(a) An "Exemption List" of regulated materials that are required to be periodically reported to the City, but that are exempt from the need for a Hazardous Materials Permit;

(b) A "Regulated Materials List" of hazardous materials, substances and agents that may require a Hazardous Materials Permit;

(c) A "Prohibited Materials List" of regulated materials that, by their nature and action, are deemed to be too potentially dangerous to the public health and safety, regardless of concentration or amount, to be allowed within densely populated areas such as, but not limited to, Station Communities;

(d) A procedure for updating the lists.

(3) The Committee shall then develop and recommend for City Council consideration and adoption objective standards for each listed regulated material which may require a Hazardous Materials Permit in order to establish:

(a) The minimum threshold level of concern (concentration, volume, weight, etc.) that will trigger a Hazardous Materials Permit process;

(b) Impermissible combinations of selected regulated materials that may, due to chemical or synergistic reaction, trigger hazardous conditions beyond those caused absent the possibility of such combination or reaction;

(c) A standard set of conditions of approval (control technology, mitigating measures, etc.) to be applied where a given regulated material is beyond the minimum threshold of concern but where, if such conditions of approval are implemented and maintained, the regulated materials may be permitted;

(d) Minimum periodic reporting standards and procedures; and

(e) Other objective standards deemed necessary to help preserve the health and safety of those within the area of concern.

(4) Whether or not a Hazardous Materials Permit is required under this subsection, if a use, project or establishment contains regulated materials, it shall also comply with the requirements of the Department of Environmental Quality concerning these matters.   Unless specifically preempted by state or federal law in these matters, if there is a conflict between state or federal regulations and this subsection, the provisions of this subsection shall supersede and prevail.

(5) If a use, project or establishment contains or plans to contain or allow regulated materials, and if the Building, Fire or other pertinent Code, ordinance or policies requires building property line setbacks or clearances between adjacent buildings for safety or public health purposes such that the required density or floor area ratio of the applicable SCPA District cannot be met, the use shall be prohibited unless the applicant agrees to and demonstrates the capability to accept land use conditions that transfer the lost density to another portion of the same property owned or controlled by the applicant and within the same SCPA District.   (Amended by Ord. No. 6018/6-12.)

                                          (Added by Ord. No. 4564/6-97.)