The purpose of this zone is to provide areas of the City that are suitable for industrial uses and compatible with adjacent commercial and residential uses. The zone serves to buffer heavy manufacturing uses from commercial and residential areas. Industrial uses that are environmentally adverse or pose a hazard to life and safety are prohibited. The zone is suitable for warehousing, wholesaling, and light manufacturing processes that are not hazardous and do not create undue amounts of noise, dust, odor, vibration, or smoke. The purpose is also to allow a limited amount of commercial uses and services and other support uses, including office uses in limited locations in close proximity to the Commercial Office (CO) district. Commercial uses are not permitted in the Limited Commercial Setback.

(1)

Use Categories. Table 60-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the ML zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 60-1 and restrictions identified in TDC 60.210. Limitations may restrict the specific type of use, location, size, or other characteristics of the use category. Use categories which are not listed are prohibited within the zone, except for uses which are found by the City Manager or appointee to be of a similar character and to meet the purpose of this zone, as provided in TDC 31.070.

(2)

Use Categories in the Limited Commercial Setback. Commercial uses may be further restricted within the Limited Commercial Setback, see TDC 60.210(4).

(3)

Overlay Zones. Additional uses may be allowed in a particular overlay zone. See the overlay zone Chapters for additional uses.

Table 60-1
Use Categories in the ML Zone

(1)

Sale of Goods Produced On-Site. The retail sale of goods produced on-site is permitted, provided that the retail sale area, including the showroom area, is no greater than five percent of the gross floor area of the building and does not exceed 1,500 square feet.

(2)

Limited Commercial Uses. Commercial uses permitted as limited uses, as specified in Table 60-1, must be located on the same site as a permitted industrial use. The site must be used substantially for industrial purposes and the commercial use is subject to the following limitations. The office, retail, and service uses may be located in a standalone building or combined in a building with other permitted uses.

(a)

Offices. Office uses must not exceed 25 percent of the total gross floor area of all buildings on the site.

(b)

Retail Sales and Services, Eating and Drinking Establishments, or Other Educational and Vocational Services. Permitted uses in these categories, as specified in Table 60-1, are subject to the following additional standards.

(i)

Maximum Size. The use must not exceed 5,000 square feet for any individual use or a total of 20,000 square feet of all retail or service uses on the site.

(ii)

Spacing Standard. Uses must not be located within 80 feet from any Residential Planning District and from the right-of-way of SW Tualatin-Sherwood Road.

(iii)

Access Standard. If located in a standalone building, the uses must not have direct access onto any arterial or collector street.

(3)

Size Limitation on Commercial Uses. Commercial uses permitted outright or as a Conditional Use as the primary use of a site, as specified in Table 60-1, are subject to the following size limitations.

(a)

Employment Areas or Corridors. Commercial uses on land designated as an Employment Area (EA) or Corridor (CO) Design Type on Comprehensive Plan Map 10-4 must not exceed 60,000 square feet of gross floor area per building or business.

(b)

Industrial Areas. Commercial uses on land designated as an Industrial Area Design Type on Map 9-4 must not exceed 5,000 square feet for any individual use or a total of 20,000 square feet of all commercial uses on the site. Commercial uses permitted in the Limited Commercial Setback are exempt from this requirement.

(4)

Limited Commercial Setback. The purpose of the Limited Commercial Setback is to restrict commercial uses from locating within 300 feet from the centerline of SW Tualatin Sherwood Road and SW 124th Avenue and 350 feet from the centerline of SW Pacific Highway 99W west of Cipole Road, as depicted in Comprehensive Plan Map 10-5.

(a)

Restriction on Commercial Uses. No commercial uses, including parking or outdoor storage and display areas, are permitted outright in the Limited Commercial Setback.

(b)

Conditional Uses. Quick Vehicle Service uses and the sale and service of manufactured dwellings are permitted as Conditional Uses in the Limited Commercial Setback.

(5)

Additional Commercial Office Uses. As specified in Table 60-1, uses permitted in the CO district are permitted in ML if any portion of the lot is within 60 feet of the CO district boundary, subject to the following:

(a)

Development Standards. Uses must comply with the CO district development standards.

(b)

Trip Generation Limit. The gross floor area of the use is limited based on vehicle trip generation. The limitation is determined through the Architectural Review process using the following formula: (A x 24) / ITE= MTGSF, where:

(i)

A = Developable area (in acres);

(ii)

24 = Vehicle trip generation cap for P.M. peak hour trips per acre of land (constant determined by city);

(iii)

ITE = Average vehicle trips per 1000 square feet gross floor area on a weekday P.M. peak hour of the adjacent street as determined using the latest edition of the ITE Trip Generation Manual, or actual trip rate figures based on a traffic analysis approved by the City Engineer; and

(iv)

MTGSF = Maximum thousand gross square feet of floor area allowed on the developable area.

(c)

Continuity Requirement. If CO use is located on a parcel in the ML district it must abut the CO district.

(6)

Automobile Service Stations. Automobile Service Station uses are subject to the following additional standards.

(a)

Spacing Requirements. Automobile Service Station uses must not be located within the specified distance of the following uses:

(i)

Existing Automobile Service Stations. No closer than 3,000 feet to another operating Quick Vehicle Service use, measured from the closest lot line of the two lots;

(ii)

Arterial Streets. No closer than 300 feet from centerline of SW 124th Avenue and 350 feet from the centerline of SW Pacific Highway (99W); and

(iii)

Day Care Centers. All exterior walls and pump islands must be a minimum distance of 400 feet from the exterior walls and outdoor play areas of any day care center or family day care provider, irrespective of any structures in between.

(b)

Development Standards. Quick Vehicle Service Uses are subject to the following additional development standards.

(i)

The minimum street frontage is 120 feet on corner lot and 150 feet on interior lot;

(ii)

The minimum building setback from any street right-of-way is 40 feet; and

(iii)

The minimum pump island setback from any lot line is 15 feet.

(c)

Access Standards. In addition to access standards of TDC Chapter 75, only two access points are allowed for an interior lot and one access point per street frontage for a corner lot or through lot.

(d)

Accessory Uses. A minimart is permitted as an accessory use, except for at a cardlock station, provided the minimart does not exceed 3,500 square feet of gross floor area and no seating is provided.

(e)

Outdoor Storage and Display. The outdoor storage and display of merchandise or vehicles is not permitted.

(f)

Non-Conforming Uses or Structures. Those uses in operation or with a conditional use permit as of March 25, 2002 that do not meet the spacing or setback standards do not become non-conforming uses solely because of failure to meet spacing or setback standards.

(7)

Spacing Requirement for Conditional Uses. A conditional use must not be located closer than 300 feet to any residential planning district boundary. This requirement does not apply to schools or transportation facilities and improvements.

(a)

Measurement. The spacing standard is measured from the closest point on the building to the residential planning district boundary and does not include setbacks, parking areas, circulation areas and landscaping.

(b)

Modification of Existing Uses. New buildings, expansions, or additions to existing buildings, except for office uses related to on-site operations, must be sited in the following locations, in order of priority, as site conditions permit:

(i)

Must be greater than 300 feet from any residential district;

(ii)

Must be the opposite side of existing buildings from any residential district; and

(iii)

Must not be closer than existing buildings to any residential district.

(c)

Definition of Existing Uses. For purposes of this section, buildings approved through the Architectural Review process as of September 24, 1990, in accordance with Ordinance 812-90, are considered existing buildings.

(Ord. No. 1450-20 meeting, §§ 37, 38, 12-14-20)

Development standards in the ML zone are listed in Table 60-2. Additional standards may apply to some uses and situations, see TDC 60.310.

Table 60-2
Development Standards in the ML Zone

(1)

Outdoor Uses. All uses must be conducted wholly within a completely enclosed building, except off-street parking and loading, Basic Utilities, Wireless Communication Facilities and outdoor play areas of child day care centers as required by state day care certification standards.

(2)

Spur Rail Tracks. Spur rail tracks are not permitted within 200 feet of an adjacent residential district.

(3)

Sound Barrier Construction. Sound barrier construction is required to mitigate the impact of noise associated with overhead doors and building mechanical equipment, including but not limited to heating, cooling and ventilation equipment, compressors, waste evacuation systems, electrical transformers, and other motorized or powered machinery located on the exterior of a building. Sound barrier construction must conform to the following standards:

(a)

Applicability. New construction, including additions or changes to existing facilities, must comply with the provisions of this section. When additions or changes to existing facilities are proposed, existing structures on the property may be required to comply with the provisions of this section, as determined through the Architectural Review process. Where buildings or outdoor use areas located on more than one parcel are all part of a single use as determined through the Architectural Review process, all of the parcels may be required to comply with the provisions of this section.

(b)

Distance from Residential Use. Sound barriers must be used to intercept all straight-line (a direct line between two points) lateral paths of 450 feet or less between a residential property within a residential planning district and:

(i)

Any side edge of an overhead door or other doorway larger than 64 square feet, at a minimum height of eight feet above the floor elevation of the doorway; or

(ii)

Any building mechanical device at a minimum height equal to the height of the mechanical object to be screened.

(c)

Exemption for Existing Structures. Where existing structures (on or off site) are located such that they will reflect sound away from residential areas and will function as a sound barrier, on-site sound barrier construction is not required, except that at the time such structures are removed, sound barrier construction is required.

(d)

Design. Sound barriers must consist of masonry walls or earth berms located so as to reflect sound away from, rather than toward, noise sensitive properties. This may include masonry "wing walls" attached to a building, detached masonry walls (such as at the perimeter of the site), earth berms, or combinations of the three. Wing walls must be at least as tall as the tallest overhead door they are designed to screen at the point where they meet the building. The height of the wall may be reduced along a maximum incline formed by a horizontal distance twice the vertical change in height, or 26.5 degrees from horizontal.

(e)

Definitions. "Wing wall" mean a wall that is attached to a building on one side and meets the screening requirements of (1) and (2) of this section.

(4)

Setback Reduction for Developments Adjacent to Greenways and Natural Areas. To preserve natural areas and habitat for fish and wildlife, the decision-making authority may provide a front, side, or rear yard setback reduction for developments that are adjacent to Greenways or Natural Areas that dedicate land for conservation or public recreational purposes, in accordance with the following standards:

(a)

Setback Reduction. All permitted uses may be allowed a reduction of up to 35 percent of the front, side, or rear yard setbacks, as determined through the Architectural Review process, if as a result the buildings are farther away from fish and wildlife habitat areas.

(b)

Location of Greenway or Natural Area Lot. A portion of the parcel must be located in one of the following conservation or protection areas:

(i)

Natural Resource Protection Overlay (NRPO) District (TDC Chapter 72); or

(ii)

Clean Water Services Vegetated Corridor.

(c)

Ownership of Greenway or Natural Area Lot. The ownership of each Greenway or Natural Area Lot must be one of the following:

(i)

Dedicated to the City at the City's option;

(ii)

Dedicated in a manner approved by the City to a non-profit conservation organization; or

(iii)

Retained in private ownership.

(d)

Ownership Considerations. The decision-making authority must consider, but is not limited to, the following factors when determining the appropriate ownership of the Greenway or Natural Area Lot:

(i)

Does the Park and Recreation Master Plan designate the lot for a greenway, pedestrian or bike path, public park, recreation, overlook or interpretive facility, or other public facility;

(ii)

Does the lot include one or more designated Heritage Trees, or one or more significant trees;

(iii)

Does the lot provide a significant view or esthetic element, or does it include a unique or intrinsically valuable element;

(iv)

Does the lot connect publicly owned or publicly accessible properties;

(v)

Does the lot abut an existing park, greenway, natural area or other public facility;

(vi)

Does the lot provide a public benefit or serve a public need;

(vii)

Does the lot contain environmental hazards;

(viii)

Geologic stability of the lot; and

(ix)

Future maintenance costs for the lot.

(Ord. 1414-18, 12-10-18; Ord. 1427-19, § 29, 11-25-19)