The purpose of this zone is to provide areas of the City that are suitable for a wide range of heavier manufacturing and processing activities, including those of a more intense nature and impact than the uses allowed in the Light Manufacturing (ML) Planning Zone. Industrial uses that are environmentally adverse or pose a hazard to life and safety are prohibited. A limited amount of commercial service and other support uses are permitted as regulated by the Commercial Services Overlay zone and the Limited Commercial Setback.

(1)

Use Categories. Table 61-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the MG zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 61-1 and restrictions identified in TDC 61.210. 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 61-1
Use Categories in the MG 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 61-1, must be located on the same lot or parcel as a permitted industrial use. The lot or parcel must be used substantially for industrial purposes and the commercial use is subject to the following standards:

(a)

Office Uses. Office uses must not exceed 25 percent of the total gross floor area of all buildings on the lot or parcel.

(b)

Retail Sales and Services, Eating and Drinking Establishments, or Other Educational and Vocational Services. Permitted uses in these categories, as specified in Table 61-1, 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 lot or parcel.

(ii)

Spacing Standard. Uses must not be located within 80 feet of a Residential Zone. Uses must not be located within 80 feet of SW Tualatin-Sherwood Road right-of-way.

(iii)

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

(3)

Size Limitation for Commercial Uses. Commercial uses permitted outright or as a conditional use, as specified in Table 61-1, are subject to the following size limitations:

(a)

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

(b)

Industrial Areas. Commercial uses on land designated Industrial Area Design Type on Comprehensive Plan Map 10-4 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. Automobile Service Stations uses and the sale and service of manufactured dwellings are permitted as Conditional Uses in the Limited Commercial Setback.

(5)

Commercial Services Overlay. The purpose of the Commercial Services Overlay is to provide for specific commercial services for area businesses and employees. The area of the overlay is depicted in Comprehensive Plan Map 10-5. Permitted uses are specified in Table 61-1. If a property is within the Commercial Services Overlay and the Limited Commercial Setback, the regulations of the Commercial Services Overlay apply.

(a)

Permitted Uses. The following additional uses are permitted in the Commercial Services Overlay on properties shown in the specific areas illustrated on Comprehensive Plan Map 10-5 and only when conducted within an enclosed building:

(i)

Vehicle Repair;

(ii)

Retail Sales and Service are permitted uses limited to automobile accessory sales and auto parts retailing and wholesaling; tool and equipment rental; and

(iii)

Durable Goods Sales are permitted uses are limited to truck-mounted camper sales with all sales and storage conducted entirely within an enclosed building and not to exceed 10,000 square feet of building floor area.

(6)

Automobile Service Stations. Automobile Service Stations are subject to the following additional standards:

(a)

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

(i)

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

(ii)

124th Avenue. No closer than 300 feet from centerline of SW 124th Avenue;

(iii)

SW Pacific Highway (99W). No closer than 350 feet from the centerline of SW Pacific Highway (99W); and

(iv)

Day Care Centers. All exterior walls and pump islands must be no closer than 400 feet from the exterior walls and outdoor play areas of any day care center or family day care provider, irrespective of any intermediate structures.

(b)

Development Standards. Automobile Service Stations are subject to the following additional development standards:

(i)

The minimum street frontage is 120 feet on corner lot, 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)

Minimart as Accessory Uses. A minimart is permitted as an accessory use, provided:

(i)

The minimart is not located at a cardlock station;

(ii)

The minimart does not exceed 3,500 square feet of gross floor area; and

(iii)

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 nonconforming uses solely because of failure to meet spacing or setback standards.

(Ord. No. 1450-20 meeting, §§ 39—41, 12-14-20)

Development standards in the MG zone are listed in Table 61-2. Additional standards may apply to some uses and situations, see TDC 61.310.

Table 61-2
Development Standards in the MG 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)

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 lateral (direct line between two points) 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.

(i)

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

(3)

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, § 30, 11-25-19)