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Tualatin City Zoning Code

CHAPTER 39

USE CATEGORIES

INDUSTRIAL USE CATEGORIES

All industrial uses must continually comply with the Environmental Regulations specified in TDC Chapter 63.


TDC 39.100. - Use Classifications—General Principles.

(1)

Purpose. Land uses are classified into use categories based on common functional, product or physical characteristics, including the type and intensity of activity typical of impact, type(s) of customers or residents, typical off-site impacts, and building type. The basis for allowing or prohibiting the use categories in the various zones is in the goals and policies of the Comprehensive Plan.

(2)

Organization and Guidelines. Each use category is organized into the following sections:

(a)

Characteristics. A description of the qualities and attributes, essential features, nature of operation, and impacts generally associated with a specific use.

(b)

Examples of Uses. An illustrative, not exhaustive, list of activities or land uses that possess the characteristics of the use category.

(3)

Multiple Uses on a Site. Uses may be regulated differently depending on the nature of the use on a site, in accordance with this section.

(a)

Multiple Primary Uses. When all primary uses on a site fall within one use category, then the development falls within that use category. When the primary uses on a site fall within different use categories, each primary use is classified in the applicable use category and is subject to the regulations for that use category.

(b)

Limited Uses. Limited uses are uses or activities that are allowed and may be subject to additional regulations beyond those required of the primary use.

(c)

Accessory Uses. Accessory uses are uses or activities that are subordinate and incidental to a primary use on a site. Accessory uses are allowed in all zones in conjunction with the primary use and subject to the same regulations as the primary use, unless stated otherwise in this Code.

(4)

Considerations in Classifying Uses. The following items are used to determine the use category of a particular use or activity, and whether the activities constitute primary or accessory uses:

(a)

The description of the activity(ies) in relationship to the characteristics of each use category;

(b)

The relative amount of site or floor space and equipment devoted to the activity;

(c)

Relative amount or type of sales from each activity;

(d)

The customer type for each activity;

(e)

The relative number of employees in each activity;

(f)

Hours of operation;

(g)

Building and site arrangement;

(h)

Type of vehicle used with the activity;

(i)

The relative number of vehicle trips generated by the activity;

(j)

How the use advertises itself; and

(k)

Whether the activity would be likely to be found independent of the other activities on the site.

TDC 39.110. - Uses Not Specifically Addressed.

Uses not specifically addressed in this Code may be classified into a use category through the process of a Code Interpretation application, pursuant to Section 31.070 (Interpretation of Code Provisions).

TDC 39.115 - Use Definitions.

The following words and phrases mean:

Advanced Manufacturing. The innovation of improved methods for manufacturing existing products, and the production of new products enabled by advanced technologies.

Animal Hospital (Including Veterinary Clinic). Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Assembly. As used in the Manufacturing Planning districts, assembly means the putting together of a final product using parts and components that have been fabricated elsewhere and shipped in. See also Manufacturing.

Automobile Service Station. A fueling facility for passenger or commercial vehicles, including a card-lock facility, which may or may not include a retail mart and/or vehicle repair shop.

Battery Electric Vehicle Showroom. Means an establishment engaged in the sale or lease of new vehicles designed to operate exclusively on electricity stored in a rechargeable battery, multiple batteries, or battery pack. Showrooms do not include exterior vehicle storage or activities related to vehicle repair and servicing.

Call Center or Customer Service Center. An operation that serves as a location to initiate or receive communications for others—via telephone, email, or internet—for the purposes of: (1) promoting clients products or services; (2) taking orders for clients; (3) soliciting contributions for a client; and (4) providing information or assistance regarding a client's products or services.

Drive-up Uses. Any establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. Drive up uses do not include automobile service stations.

Family Recreation Center. A business offering two or more forms of recreational activity such as boat rides, bowling, electronic games, go-cart tracks, miniature golf, skating, water slides, or similar commercial amusements. Restaurants, gift shops and other businesses may also be included if clearly incidental to the primary recreational activities.

Health or Fitness Facility. A facility designed to accommodate indoor or outdoor activities such as racquetball courts, pickleball courts, tennis courts, gymnasiums, weight lifting rooms and other exercise areas, swimming pools and similar uses.

Home Improvement Materials and Supplies Retail Sales. Retail sale of home improvement materials and supplies including, but not limited to, electrical supplies; fencing materials; floor coverings such as hardwood, linoleum, vinyl, carpet and rugs; garden tractors and lawn mowers; hardware; building insulation; wall coverings, draperies, window shades, and blinds; lawn and garden supplies; lawn mowers; lighting fixtures; lumber; masonry supplies; painting supplies; plumbing supplies and fixtures; plywood and wood panel materials; siding; roofing; window materials; durable household goods (e.g. refrigerators, stoves and washing machines); and tools (handheld and table or stand mounted).

Hospital. An institution providing health services, primarily for inpatients, and medical, psychiatric or surgical diagnosis and care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient facilities, long-term care facilities, training facilities, central service facilities, retail facilities for the needs of patients, staff and doctors' offices, and residential facilities for staff and patients.

Manufacturing. As used in the Manufacturing Planning districts, manufacturing means the creation of basic parts of a manufactured product from raw materials. See also Assembly.

Memorial Planning and Products Center. A facility providing cremation and burial planning assistance and associated products and services, including a crematory, sale of memorial products such as caskets and urns, comfort rooms and witnessed placement cremation services serving the immediate family of the deceased, and similar death-care related products and services, but not including mortuaries, cemeteries, funeral homes or similar facilities that hold memorial or funeral services which are open to the general public.

Nonretail Cardlock Fueling Station. An unattended facility where gasoline and diesel fuels are dispensed through a card or key activated fuel dispensing device by nonretail customers.

Outdoor Storage. The storage of materials or merchandise outside of a building. Except as otherwise provided in these standards, outdoor storage includes only materials or merchandise directly related to the primary permitted use on the site where the outdoor storage is proposed to be conducted.

Pharmacy. A place where the sole function is to dispense prescription and non-prescription drugs. The terms "dispense," "dispensing," "drugs," "non-prescription drugs," "prescription," and "prescription drugs," has the meanings indicated in ORS 689.005 which meanings are hereby adopted by reference.

Pet Day Care. A business providing pet care services for dogs and cats such as day care, sitting services, grooming, and retail sales of pet products. Pet Day Care is not allowed for animals other than dogs or cats including exotic animals or animals not considered ordinary household pets. Kennels for dog breeding and training are not allowed.

Portable Construction Office. An enclosed structure used for a business office or storage of construction or residential, commercial or industrial structures by the owner, subdivider, contractor, or their authorized agents and representatives.

Recycling-Collection Center. A permanent facility for the collection, storage, repair, processing or distribution of repairable or reusable household goods or materials, when housed in a fully enclosed building. In this context, "materials" is specifically intended to include empty bottles, jars, cans, boxes or similar containers, as well as newspaper, magazines and other printed matter.

Restaurant, Drive-In. A restaurant in which patrons order from and are served food in their automobiles and which is designed for consumption of food to occur in the automobiles on the premises. Little or no inside customer seating is provided.

Restaurant, Take-Out. An establishment where some of the meals are prepared and served to the public for consumption on the premises; others are prepared and packaged for customers to take off the premises for consumption. A take-out restaurant may or may not include a drive-up window where customers order through a speaker, drive around and pick up food, then leave premises for consumption.

Shared Service Facility. An operation that serves as a data center for the purposes of storing, managing, processing and exchanging digital data and information, and physically housing large amounts of computer equipment such as servers (e.g., web servers, application servers, database servers), switchers, routers, data storage devices, load balancers, wire cages or closets, vaults, racks, etc.

Telecommuting. The act of an employee working at home by the use of an electronic linkup with a central office.

(Ord. No. 1480-23, § 7, 8-28-23; Ord. No. 1484-24, § 1, 4-22-24)

TDC 39.200. - Household Living.

(1)

Characteristics. Household Living is the residential occupancy of an owner-occupied or rented dwelling unit by a family or household. Dwelling units must be self-contained, with cooking, sleeping and bathroom facilities. Occupancy is long-term, 30 days or more, and non-transient.

(2)

Housing Types. Household Living uses can be accommodated in the following housing types. Housing types are subject to the regulations specific to each planning district or overlay district.

• Single-Family Dwelling (detached) (as defined in TDC 31.060).

• Accessory Dwelling Unit (as defined in TDC 31.060).

• Manufactured Dwelling (as defined in TDC 31.060).

• Manufactured Dwelling Park (as defined in the TDC 31.060).

• Cottage Cluster (as defined in the TDC 31.060).

• Duplex (as defined in the TDC 31.060).

• Townhouse (as defined in the TDC 31.060).

• Triplex (as defined in the TDC 31.060).

• Multi-Family Structure (as defined in the TDC 31.060).

• Retirement Housing Facility (as defined in TDC 31.060).

• Residential Home (as defined in TDC 31.060).

• Quadplex (as defined in the TDC 31.060).

(3)

Exceptions.

• Bed and breakfast inns are classified as Commercial Lodging.

• Rentals of less than 30 days are classified as Commercial Lodging.

(Ord. No. 1463-21, § 13, 12-13-21)

TDC 39.210. - Residential Accessory Uses.

(1)

Characteristics. Residential Accessory Uses are small-scale commercial uses that can be operated within or on the same lot as a residential dwelling in a manner that is compatible with and minimizes impacts on other residential uses. Residential Accessory Uses are permitted only as accessory uses to a primary Household Living use and are limited to the examples of uses provided in TDC 39.210(2).

(2)

Examples of Uses.

• Home Occupation (as defined in TDC 31.060).

• Family Child Care Home (as defined in TDC 31.060).

(3)

Exceptions. None.

TDC 39.220. - Group Living.

(1)

Characteristics. Group Living is the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a household. Persons in group living may, or may not, receive care, treatment, or training for which the State requires certification or licensure. Group Living uses may have common facilities for dining, socializing, recreation, laundry, or other activities.

(2)

Examples of Uses.

• Residential Facility (as defined in TDC 31.060).

• Nursing Facility (as defined in TDC 31.060).

• Congregate Care Facility (as defined in TDC 31.060).

• Group living associated with a religious practice or religious affiliation per state law.

• Dormitories, fraternities, and sororities.

(3)

Exceptions.

• Lodging where tenancy may be arranged for less than 30 days is classified as Commercial Lodging.

TDC 39.300. - Agriculture.

(1)

Characteristics. Agricultural uses are activities that raise, produce or keep plants or animals. The raising of animals in the City of Tualatin is limited to normal household pets and chickens, as otherwise allowed by the Tualatin Municipal Code.

(2)

Examples of Uses.

• Production of agricultural crops.

• Horticulture.

• Forest harvesting.

• Orchards.

(3)

Exceptions.

• Processing of animal or plant products are classified as either Light Manufacturing or Heavy Manufacturing, depending on the nature of the use.

• Plant nurseries that are oriented to retail sales are classified as Durable Goods Sales.

TDC 39.305 - Commercial Lodging.

(1)

Characteristics. Commercial Lodging is the operation of overnight accommodations where tenancy is typically arranged on a daily, weekly, or monthly basis, and includes lodging amenities.

(2)

Examples of Uses.

• Bed and breakfast inns.

• Hotels and motels.

• Extended stay hotels or suites.

(3)

Exceptions. Landlord-tenant arrangements on a month-to-month basis are classified as Household Living or Group Living.

TDC 39.310. - Commercial Recreation.

(1)

Characteristics. Commercial Recreation uses are facilities used for a variety of health, recreational, entertainment, or social activities, usually operated by a for-profit business or membership organization, but may be conducted by a non-profit or public entity. Activities are primarily by and for participants; spectators are incidental and present on a non-recurring basis. Activities may be conducted within an enclosed building or in open facilities.

(2)

Examples of Uses.

• Amusement enterprise, including pool hall, bowling alley, dance hall or skating rink.

• Boat dock, marina, or boat rental.

• Family recreation center (as defined in TDC 39.115).

• Health or fitness facility (as defined in TDC 39.115).

• Private meeting hall, club or lodge hall, or fraternal organizations.

• Public or private camping grounds, including recreational vehicle parking.

(3)

Exceptions.

• Uses which draw large numbers of people to periodic events are classified as Assembly Facilities.

• Golf courses and country clubs associated with golf courses are classified as Parks and Open Areas.

TDC 39.315 - Commercial Parking.

(1)

Characteristics. Commercial Parking are facilities, in structures or on surface lots, and which provide public, customer, or employee parking independent of and not associated with a particular use. A fee may or may not be charged.

(2)

Examples of Uses.

• Fee parking garages and surface parking lots.

• Commercial district shared parking lots.

• Commercial shuttle parking.

(3)

Exceptions.

• Surface lots or parking garages accessory to a particular use, used by the public during occasional nearby events are not classified as Commercial Parking.

TDC 39.320. - Durable Goods Sales.

(1)

Characteristics. Durable Goods Sales are the sale, rental, or lease of new and used goods having extended utility. Durable Goods Sales may require extensive indoor and/or outdoor display areas.

(2)

Examples of Uses.

• Retail sale of home improvement materials and supplies, including, but not limited to: interior/exterior building and construction materials, electrical supplies, plumbing supplies and fixtures, lawn and landscaping equipment, floor coverings, home décor, indoor/outdoor household appliances, paint and painting supplies, and tools and hardware.

• Retail sale of furniture and large appliances.

• New and used sales of motorcycles, boats, recreational vehicles, or trailers.

• Retail nurseries or greenhouses.

• Battery electric vehicle showroom (as defined in TDC 39.115) and automobile leasing office.

(3)

Exceptions.

• Sales of building and landscaping materials primarily sold to contractors is classified as Wholesale Sales.

• Sales, leasing, or rental of industrial, farm, or construction equipment is classified as Wholesale Sales.

• Sales of bicycles are classified as Retail Sales and Service.

• Outdoor storage of automobiles or sale of automobiles that are not battery electric vehicle showrooms or automobile leasing offices, is not permitted in any zone.

(Ord. No. 1484-24, § 1, 4-22-24)

TDC 39.325 - Eating and Drinking Establishments.

(1)

Characteristics. Eating and Drinking Establishments sell food and/or beverages to the general public for on-site consumption and/or take-away service.

(2)

Examples of Uses.

• Cafes, coffee shops, and delicatessens.

• Restaurants with take-out facilities.

• Restaurants without take-out facilities.

• Taverns, cocktail lounges, brew pubs, bars, and night clubs.

(3)

Exceptions.

• Food service that is accessory to another use, (e.g., hotel, major entertainment venue), is regulated as part of the primary use.

• Catering or food preparation without on-site consumption is classified as Retail Sales and Services.

TDC 39.326. - Mobile Food Unit Development.

(1)

Characteristics. A site under common ownership containing two or more mobile food units which are sited for more than 24 hours at one time.

(2)

Examples of Uses.

• Food cart pod with/ or without beverage service.

(3)

Exceptions.

• Mobile food units authorized by a Special Event Permit (as issued under TMC 5-5) or Special Assembly Permit (as issued under TMC 6-2).

• Food service that is accessory to another use, (e.g., hotel, major entertainment venue), is regulated as part of the primary use.

• Catering or food preparation without on-site consumption is classified as Retail Sales and Services.

(Ord. No. 1480-23, § 7, 8-28-23)

TDC 39.330. - Other Educational and Vocational Services.

(1)

Characteristics. Other Educational and Vocational Services provide specialized training or instruction not regulated by the Higher Education Coordinating Commission (HECC) or state mandated. These services may be provided to children or adults. Training or instruction may be provided for fine arts, recreational or athletic activities, professional, or academic tutorial instruction.

(2)

Examples of Uses.

• Martial arts or gymnastics instruction.

• Music or dance instruction.

• Arts and crafts schools.

• Tutoring services (freestanding, not provided within a residential dwelling).

• Vocational training.

(3)

Exceptions.

• Trade schools where industrial vehicles and equipment are operated are classified as Light Manufacturing.

• Public and private elementary, middle and high schools, with or without kindergartens, are classified as Schools.

• College, Universities and Private Career Schools regulated under Oregon Higher Education Coordinating Commission (HECC) are classified under Colleges, Universities and Private Career Schools.

TDC 39.335 - Marijuana Facilities.

(1)

Characteristics. Marijuana Facilities are a commercial or public use or structure where marijuana is produced, processed, wholesaled, retailed, distributed, transferred, sold or consumed and registered with the Oregon Health Authority (OHA) or the Oregon Liquor Control Commission (OLCC).

(2)

Examples of Uses.

• Marijuana retail sale facility.

• Medical marijuana dispensary.

• Marijuana production or processing facility.

(3)

Exceptions.

• The production of marijuana extracts through the use of butane is prohibited.

TDC 39.345 - Medical Office.

(1)

Characteristics. Medical Offices are facilities operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical Offices typically receive many patients and visitors throughout the day. Laboratories designed for diagnostic testing and analysis for medical or dental purposes are also classified as Medical Office.

(2)

Examples of Uses.

• Medical, dental and allied health clinics and offices, and blood collection facilities.

• Medical and dental laboratories.

(3)

Exceptions.

• Offices used for non-medical industries are classified as Office.

TDC 39.346. - Office.

(1)

Characteristics. Office uses are characterized by activities conducted in an office setting that focus on the provision of goods and services, usually by professionals.

(2)

Examples of Uses.

• Computer system design and programming.

• Construction contracting offices without on-site storage of equipment or materials.

• Data processing.

• Engineering, architectural, planning, and similar services.

• Graphic and industrial design.

• Government offices.

• Magazine or newspaper distribution agency.

• Movie production facilities and recording studios.

• Financial, legal, insurance, and real estate services.

• Scientific and technical services.

• Software and internet content development and publishing.

• Telecommunication service providers.

• Telemarketing or customer support center.

• Television, video, radio, and internet studios and broadcasters.

(3)

Exceptions.

• Facilities operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons are classified as Medical Office.

• Laboratories designed for diagnostic testing and analysis for medical or dental purposes are classified as Medical Office.

• If construction equipment and materials are stored on site, contracting firms are classified as Light or Heavy Manufacturing.

TDC 39.350. - Quick Vehicle Servicing.

(1)

Characteristics. Quick Vehicle Servicing provides direct services for motor vehicles at a drive-through facility, which may include a mini-mart in certain zones, where the service is performed and where the driver generally waits for the service to be performed.

(2)

Examples of Uses.

• Automobile Service Station (as defined in TDC 39.115).

• Non-Retail Cardlock Fueling Station (as defined in TDC 39.115).

• Car washes.

• Quick lubrication services.

• Department of Environmental Quality vehicle emission test sites.

(3)

Exceptions.

• Refueling facilities for the vehicles that belong to a specific use (fleet vehicles) which are on the site where the vehicles are kept are accessory to the primary use.

• Outdoor storage of automobiles or sale of automobiles that are not battery electric vehicle showrooms or automobile leasing offices, is not permitted in any zone.

(Ord. No. 1484-24, § 1, 4-22-24)

TDC 39.355 - Retail Sales and Services.

(1)

Characteristics. Retail Sales and Services sell, lease, rent and/or repair new or used products or provide personal services. These products and services typically are provided directly to consumers, as opposed to wholesale products and services provided to industrial, institutional, or commercial customers.

(2)

Examples of Uses.

• Sales, leasing or rental of products and equipment including art and crafts supplies, clothing electronic equipment, flowers, groceries, hardware, jewelry, pets, pet food, pharmaceuticals, plants and garden supplies, scientific or professional instruments, sporting goods, and printed media.

• Repair or servicing of consumer products or equipment generally performed on-site including communication and electronic devices, bicycles, clocks, watches, shoes, firearms, appliances and office equipment, locksmithing, or scientific or professional instruments.

• Processing of consumer products or equipment, including photo processing, dry cleaning and alterations, and photocopy and blueprint services.

• Personal services including Child Care Center (as defined in TDC 31.060), branch banks, laundromats, photographic studios, personal care services such as salons or barber shops, taxidermists, and animal-related services including Pet Day Care (as defined in TDC 31.060) and Animal Hospital or Veterinary Clinic (as defined in TDC 39.115).

• Memorial Planning and Products Center (as defined in TDC 39.115), mortuaries and crematoria.

• Catering or food preparation without on-site consumption.

(3)

Exceptions.

• Furniture, large appliance, and home improvement stores are classified as Durable Goods Sales.

• Plant nurseries that are oriented to retail sales are classified as Durable Goods Sales.

• Sales, leasing and/or rental of motorcycles, boats, recreational vehicles, or trailers are classified as Durable Goods Sales.

• Sales, leasing and/or rental of industrial, farm or construction equipment are classified as Wholesale Sales.

• Repair and service of automobiles, motorcycles and boats is classified as Vehicle Repair.

• Service of industrial, construction, and farm vehicles and equipment is classified as Industrial Services.

• In-home family day care that is licensed by the State is classified as Household Living.

• Residential homes that are licensed and/or permitted by the State are classified as Group Living.

• Residential facilities that are licensed and/or permitted by the State which provide care, treatment, training or foster care for six or more persons are classified as Group Living.

• Medical clinics providing outpatient care and not located in a hospital, and medical or dental laboratories, are classified as Medical Office.

TDC 39.360. - Self-Service Storage.

(1)

Characteristics. Self-Service Storage uses provide freestanding indoor storage facilities for rent to individuals and businesses. These uses are designed to allow private access at all hours by the tenant for storing or removing personal or business property.

(2)

Examples of Uses.

• Mini-storages or mini-warehouses that are single-story or multi-story buildings with outside access to each unit or inside access from a common internal hallway.

(3)

Exceptions. A transfer and storage business where there are no individual storage units or where business employees are the primary movers of the stored or transferred goods is classified as Warehouse and Freight Movement.

TDC 39.365 - Vehicle Repair.

(1)

Characteristics. Vehicle Repair provides vehicle repair and servicing to passenger vehicles, light and medium trucks, motorcycles, boats, recreational vehicles, and other consumer motor vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

(2)

Examples of Uses.

• Alignment shop.

• Auto body and/or paint shop.

• Auto detailing.

• Auto upholstery shop.

• Tire sales and mounting.

• Transmission or muffler shop.

• Vehicle repair.

(3)

Exceptions.

• Repair and service of industrial vehicles and equipment, and of heavy trucks; towing and vehicle storage are classified as Light Manufacturing.

• Outdoor storage of automobiles or sale of automobiles that are not battery electric vehicle showrooms or automobile leasing offices, is not permitted in any zone.

(Ord. No. 1484-24, § 1, 4-22-24)

TDC 39.400. - Light Manufacturing.

(1)

Characteristics. Light Manufacturing is the assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such activity takes place, and where such processes are housed entirely within a building. Light Manufacturing also includes the repair and/or servicing of industrial, business, or consumer machinery, equipment, products or by-products, or in training or instruction of such repair or servicing. Products are generally not displayed or sold on site, but if so, sales and display are accessory to the primary use and subject to restrictions, such as size, set forth in the planning district in which the use will be located. All industrial uses must continually comply with the Environmental Regulations specified in TDC Chapter 63.

(2)

Examples of Uses.

• Building, heating, plumbing and electrical contractor's offices, with on-site storage of equipment or materials.

• Food, beverage, and related product processing and packaging.

• Laundry, dry cleaning, dyeing or rug cleaning plant (non-retail).

• Machine shop, including automotive and truck machine shop.

• Manufacture, packaging, processing or assembly of small instruments, equipment, devices, and components, such as audio, video, and computer equipment; hand tools; hearing aids; musical instruments; office equipment; optical goods; scientific instruments or equipment; and sporting goods.

• Manufacture of cabinets, furniture, and mattresses.

• Printing and publishing shops (non-retail).

• Processing, assembly, packaging, and other treatment of small products manufactured from the following prepared or semi-finished materials: bone, hair, fur, leather, feathers, textiles, plastics, glass, wood, paper, cork, wire, rubber, and rubber compounds, precious or semi-precious stones, and similar small products composed of previously prepared or semi-finished materials.

• Production of artwork, toys, novelties, pottery and ceramics (using only previously pulverized clay).

• Production of textiles or apparel.

• Research and development laboratories.

• Trade or industrial schools where industrial vehicles and equipment are operated.

(3)

Exceptions.

• Certain manufacturing uses are classified exclusively as Heavy Manufacturing.

• Structural-mechanical testing laboratories are classified as Heavy Manufacturing.

• Manufacturing of goods to be sold primarily on-site and to the general public is classified as Retail Sales and Services.

• Compost production and rendering plants are classified as Solid Waste Treatment and Recycling.

• The following uses are prohibited in all zones:

· Auto wrecking.

· Creosote treatment of products.

· Distillation of bones.

· Distillation of oil, coal, wood or tar compounds.

· Fat rendering.

· Forge plants.

· Storage, transfer, or processing of hazardous, toxic, or radioactive waste.

· Junk or salvage yard.

· Manufacturing of the following products: acid; ammonia; bleaching powder; celluloid pyroxylin; cement, lime, gypsum and plaster of paris; chlorine gas; creosote; disinfectant; dye stuffs; explosives; fertilizer; herbicides; insect poison; radioactive materials; soap; sodium compounds; tar roofing, water-proofing and other tar products.

· Rolling mills or saw mills.

· Rock crushing.

· Slaughter of livestock or poultry.

· Primary processing of organic materials such as tanning of leather.

TDC 39.410. - Heavy Manufacturing.

(1)

Characteristics. Heavy Manufacturing is the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or manufacturing processes and not a Light Manufacturing use. The use may involve outdoor operations. Heavy Manufacturing also includes the repair and/or servicing of industrial, business, or consumer machinery, equipment, products or by-products, or in training or instruction of such repair or servicing. Products are generally not displayed or sold on site, but if so, sales and display are accessory to the primary use and subject to restrictions, such as size, set forth in the zone in which the use will be located. All industrial uses must continually comply with Environmental Regulations specified in TDC Chapter 63.

(2)

Examples of Uses.

• Casting or fabrication of metals, including electroplating.

• Concrete batching and asphalt mixing plants.

• Manufacture, assembly, processing, or packaging of the following types of products: batteries; bicycles; boilers; bottles; brick, tile or terra cotta; cans; chainsaws; dryers; electric generators; electric motors; electric transformers; engines, larger gasoline or diesel; freezers; heating and cooling equipment; industrial gases, excluding chlorine; ladders; lawnmowers; manufactured dwellings; marine pleasure craft; motor vehicles; paint; pet food; prefabricated building or structural members for buildings; sashes and doors; signs and display structures; refrigerators; rototillers; vending machines; washing machines; and windows.

• Planing mill.

• Sandblasting.

• Structural-mechanical testing laboratories.

• Welding shop.

(3)

Exceptions.

• Manufacturing of goods to be sold primarily on-site and to the general public is classified as Retail Sales and Services.

• Compost production and rendering plants are classified as Solid Waste Treatment and Recycling.

• The following uses are prohibited in all zones:

· Auto wrecking.

· Creosote treatment of products.

· Distillation of bones.

· Distillation of oil, coal, wood or tar compounds.

· Fat rendering.

· Forge plants.

· Storage, transfer, or processing of hazardous, toxic, or radioactive waste.

· Junk or salvage yard.

· Manufacturing of the following products: acid; ammonia; bleaching powder; celluloid pyroxylin; cement, lime, gypsum and plaster of paris; chlorine gas; creosote; disinfectant; dye stuffs; explosives; fertilizer; herbicides; insect poison; radioactive materials; soap; sodium compounds; tar roofing, waterproofing and other tar products.

· Rolling mills or saw mills.

· Rock crushing.

· Slaughter of livestock or poultry.

TDC 39.420. - Solid Waste Treatment and Recycling.

(1)

Characteristics. Solid Waste Treatment and Recycling uses receive, process and/or recycle solid waste materials.

(2)

Examples of Uses.

• Energy recovery plants.

• Portable toilet collection, storage and pumping.

• Recycling-Collection Center (as defined in TDC 39.115).

• Commercial waste composting and/or compost production.

(3)

Exceptions.

• The following related uses are prohibited in all zones: vehicle and heavy machinery salvage and wrecking; hazardous-waste collection and processing; rendering plants; and junk or salvage yards

• Uses listed above in the Examples of Uses are not allowed in the Special Commercial Setback 60.035 (1-3).

• Community recycling or composting facilities at a community garden are classified as Community Services.

TDC 39.430. - Vehicle Storage.

(1)

Characteristics. Vehicle Storage are storage facilities for vehicles including automobiles, boats, buses, recreational vehicles, and trailers.

(2)

Examples of Uses.

• Vehicle impoundment yards.

• Vehicle fleet storage and maintenance facilities.

• Towing and vehicle storage operations.

• School bus yards.

• Recreational vehicle storage.

• Transit vehicle storage and maintenance yards.

(3)

Exceptions.

• Auto wrecking yards are not permitted in any zones.

• Outdoor storage of automobiles or sale of automobiles that are not battery electric vehicle showrooms or automobile leasing offices, is not permitted in any zones.

(Ord. No. 1484-24, § 1, 4-22-24)

TDC 39.440. - Warehouse and Freight Movement.

(1)

Characteristics. Warehouse and Freight Movement is the storage, repackaging, delivery and movement of products.

(2)

Examples of Uses.

• Cold storage plants, including frozen food lockers.

• Wholesale distribution centers.

• Parcel or postal distribution facilities.

• Mail-order merchandise warehouses.

(3)

Exceptions.

• Uses that involve the transfer or storage of solid or liquid wastes are classified as Solid Waste Treatment and Recycling.

• Storage facilities that provide individual units to the general public are classified as Self-Service Storage.

• Storage, transfer, or processing of hazardous, toxic, or radioactive waste.

TDC 39.450. - Wholesale Sales.

(1)

Characteristics. Wholesale Sales are the sale, lease, and/or rental of products primarily to businesses. On-site sales to the general public are limited.

(2)

Examples of Uses.

• Wholesale sales of industrial hand tools and industrial supplies such as safety equipment and welding equipment.

• Wholesale sales, service and rental of construction and industrial equipment, such as tractors, loaders, hoes, lifts, cranes, and utility trucks, to contractors and industrial firms.

• Wholesale sales and service of machines and tools primarily for industrial and commercial firms including machine tools, fabrication, processing and packaging machinery, hoists, conveyors, racking systems and forklifts.

• Wholesale sales of building materials and supplies, including, but not limited to, electrical supplies; fencing materials; building insulation; lumber; prefabricated trusses and structural frames; structural metal materials; masonry supplies; ceramic & stone tile and pavers; painting supplies; plumbing supplies; plywood and wood panel materials; roofing; siding; flooring; window materials; door materials; and tools (handheld and table or stand mounted).

(3)

Exceptions.

• Companies that engage primarily in sales to the general public are classified as Retail Sales and Services.

• Companies that engage in sales on a membership basis are classified as either Retail Sales and Services or Wholesale Sales, based on the characteristics of the use.

• Companies that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement.

• Storage, transfer, or processing of hazardous, toxic, or radioactive waste.

TDC 39.500. - Assembly Facilities.

(1)

Characteristics. Assembly Facilities are uses that attract a large number of people who participate as a group in a specific activity or event that may be religious, cultural, educational, social or recreational.

(2)

Examples of Uses.

• Churches, synagogues, mosques, temples, or other places of worship

• Auditoriums, exhibition halls, or rooms for public assembly.

• Theaters.

(3)

Exceptions.

• An assembly area that is accessory to the primary use, such as a conference facility in a hotel or industrial campus or an auditorium in a school, is considered accessory to the primary use.

TDC 39.510. - Colleges, Universities, and Private Career Schools.

(1)

Characteristics. Colleges, Universities, and Private Career Schools are public or private colleges, universities, or institutions that offer courses of study leading to an associate, bachelor, and/or advanced degree or trades certification. Such institutions are certified by the Oregon Higher Education Coordinating Commission (HECC), a regulatory, licensing and authorizing state office that approves degree-granting institutions, private career schools and distance education providers. Without approval or explicit exemption from regulation from HECC, a school cannot legally operate in Oregon or offer valid degrees or certificates to Oregonians.

(2)

Examples of Uses.

• Community colleges.

• Liberal arts colleges.

• Religious colleges.

• Universities.

• Medical or nursing schools.

• Private career schools.

• Post-secondary and training establishments for veterans.

(3)

Exceptions.

• Trade schools where industrial vehicles and equipment are operated are classified as Light Manufacturing.

• Educational and vocational services that do not offer a degree or trade certification and are not regulated by HECC are classified as Other Educational and Vocational Services.

• Public and private elementary, middle and high schools, with or without kindergartens, are classified as Schools.

TDC 39.520. - Community Services.

(1)

Characteristics. Community Services are uses of a public, nonprofit, or charitable nature generally providing continuous, on-site social, cultural, or recreational services provided to residents of the community.

(2)

Examples of Uses.

• Community centers, youth or senior centers, open to the general public.

• Community aquatic centers, open to the general public.

• Community recreation buildings or facilities.

• Cultural centers.

• Libraries, museums, and related cultural facilities.

(3)

Exceptions. Private lodges, clubs, and private or commercial athletic or health clubs, are classified as Commercial Recreation.

TDC 39.550. - Medical Centers.

(1)

Characteristics. Medical Centers are a comprehensive, multi-disciplinary health care facility contained in several buildings providing a wide range of diagnostic, imaging and treatment services on an inpatient and outpatient basis to sick and injured persons; and providing training, administrative, maintenance and housing activities related to its health care mission; and providing limited supporting retail and service uses.

(2)

Examples of Uses. Medical Centers may include any of the following uses as part of a campus facility:

• Hospital (as defined in TDC 39.115).

• Offices of physicians and dentists.

• Offices and clinics of allied health care providers, including but not limited to nurse practitioners; midwives; dietitians; psychologists; opticians; physical and occupational therapists; occupational health/safety specialists; substance abuse counselors; chiropractors; and wellness centers including physical fitness facilities, nutritional counseling, health maintenance and rehabilitation services.

• Durable medical goods sales and rentals.

• Nursing school and other medical training facilities.

• Medical and dental laboratories.

• Medical and dental related research laboratories and testing facilities.

• Medical and dental nonprofit educational, charitable and research organizations and facilities.

• Congregate care facilities and residential facilities.

• Nursing and convalescent homes.

• Community meeting facilities.

• Parking lot, parking structure, or underground parking.

(3)

Exceptions.

• Freestanding Residential Homes that are licensed and/or required to be permitted by the State which provide residential care to five or fewer individuals are classified as Household Living.

• Freestanding Residential Facilities licensed and/or required to be permitted by the State which provide care, treatment, training or foster care for six or more persons are classified as Group Living.

• Freestanding medical clinics or medical office buildings providing outpatient care and not located in Medical Center campus are classified as Medical Office.

TDC 39.570. - Schools.

(1)

Characteristics. School uses are public and private educational facilities providing state mandated basic education. Schools may serve any ages of students from kindergarten through 12th grade.

(2)

Examples of Uses.

• Public, private, and charter elementary, middle, and high schools, with or without kindergartens.

• Pre-schools which are incorporated into the education continuum of state-mandated basic education within a public or private educational facility.

• Boarding schools and military academies that have residential facilities for students.

(3)

Exceptions.

• Pre-schools which are standalone schools not associated with the grade levels of state-mandated basic education are classified as child day care under Retail Sales and Services.

• Trade schools where industrial vehicles and equipment are operated are classified as Light Manufacturing.

• Educational and vocational services that do not offer a degree or trade certification and are not regulated by HECC are classified under as Other Educational and Vocational Services.

• Colleges, Universities and Private Career Schools regulated under Oregon Higher Education Coordinating Commission (HECC) are classified under Institutional Use Category: Colleges, Universities and Private Career Schools

TDC 39.600. - Greenways and Natural Areas.

(1)

Characteristics. Greenways and Natural Areas are linear or naturally landscaped strip of land usually located adjacent to watercourses and roadways. This category includes multi-use and pedestrian paths (trails), as well as associated facilities.

(2)

Examples of Uses.

• Bicycle Path (as defined in TDC 31.060).

• Greenway (as defined in the Tualatin Comprehensive Plan).

• Multi-Use Path (as defined in TDC 31.060).

• Outdoor Recreational Access Route (as defined in TDC 31.060).

• Pedestrian Paths (as defined in TDC 31.060).

• Associated facilities, including, but not limited to, trailhead amenities, parking areas, benches, information kiosks, restrooms, shelters, bicycle racks, picnic areas, and education facilities.

(3)

Exceptions. None.

(Ord. 1427-19, § 18, 11-25-19; Ord. No. 1450-20, § 13, 12-14-20)

TDC 39.610. - Parks and Open Areas.

(1)

Characteristics. Parks and Open Areas are generally publicly-owned or non-profit facilities featuring natural or cultivated landscaping; active and passive outdoor recreation. Lands tend to have few structures.

(2)

Examples of Uses.

• Athletic practice facility.

• Botanical gardens.

• Cemeteries.

• Community gardens.

• Golf courses or country clubs associated with golf courses.

• Parks.

• Playing fields.

• Public squares and plazas.

• Sport courts such as basketball or tennis.

• Swimming pools.

• Trails.

(3)

Exceptions. Linear or naturally landscaped strips of land usually located adjacent to watercourses and roadways are classified as Greenways and Natural Areas.

TDC 39.620. - Basic Utilities.

(1)

Characteristics. Basic Utilities are local and regional infrastructure facilities that must be located in or near the area to which the infrastructure is provided. Utilities may be publicly or privately owned and operated. Most facilities have few or no on-site employees, although treatment plants may be staffed continuously.

(2)

Examples of Uses.

• Electrical substations.

• High tension electrical power lines.

• Sewage disposal and conveyance systems.

• Telephone exchange equipment.

• Water or sewage pump stations.

• Water towers and reservoirs.

• Water quality and flow control facilities.

• Water or sewage treatment plants.

(3)

Exceptions.

• Utility offices where employees or customers are generally present are classified as Offices.

• Public agency or private utility operations centers are classified as Public Safety Facilities.

• Commercial radio or television broadcasting antennas are prohibited in all zones.

TDC 39.630. - Public Safety and Utility Facilities.

(1)

Characteristics. Public Safety Facilities provide police, fire, ambulance and emergency services and public utility services to the community. With the exception of ambulance services, these facilities are typically publicly owned and operated.

(2)

Examples of Uses.

• Emergency communications centers.

• Police and fire stations.

• Publicly- and privately-operated ambulance facilities.

• Public agency or private utility operations centers.

• Public works storage yard and shop.

(3)

Exceptions. None.

TDC 39.640. - Transportation Facilities.

(1)

Characteristics. Transportation Facilities are any physical facility constructed for the movement of people or goods.

(2)

Examples of Uses.

• The operation, maintenance, repair and preservation activities of existing facilities including, but not limited to, road, bicycle, pedestrian and rail facilities

• Bus stops, shelters and other elements of the transit system (as defined in TDC 31.060).

• The installation of improvements including, but not limited to, culverts, fencing, guardrails, landscaping, lighting, medians and pathways within the existing right-of-way.

• Emergency transportation measures necessary for the safety and protection of people and property.

• Acquisition of right-of-way for public roads, highways and other transportation improvements designated in the Transportation System Plan.

• Construction of a street or road as part of an approved subdivision, land partition, architectural review or other land use decision consistent with the TDC.

(3)

Exceptions.

• Electricity, sewage and water systems are classified as Basic Utilities.

• School bus yards are classified as Vehicle Storage.

• Transit vehicle storage and maintenance yards are classified as Vehicle Storage.

(Ord. No. 1451-25, § 9, 8-11-25)

TDC 39.650. - Wireless Communication Facilities.

(1)

Characteristics. Wireless Communication Facilities are unstaffed facilities for the transmission or reception of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices.

(2)

Examples of Uses.

• Wireless Communication Facility (as defined in TDC 31.060).

• Wireless Communication Facility Attached (as defined in TDC 31.060).

(3)

Exceptions.

• Freestanding radio and television studios are classified as Offices.

• Commercial radio or television broadcasting antennas are prohibited in all zones.

(Ord. 1414-18, 12-10-18)