The purpose of this zone is to provide a mix of light industrial and high-tech uses in a corporate campus setting. Permitted uses are required to be conducted within a building and uses with unmitigated hazardous or nuisance effects are restricted. The RSIA-designated area requires at least one 100-acre parcel and one 50-acre parcel for large industrial users. The remainder of the area is likely to include light to medium industrial uses with some limited, local-serving commercial services. The zone is intended to provide for an aesthetically attractive working environment with campus-like grounds, attractive buildings and other amenities appropriate to an employee oriented activity. It also is intended to protect existing and future sites for such uses by maintaining large lot configurations, a cohesive planned-development design and limiting uses to those that are of a nature that will not conflict with other industrial uses or nearby residential areas of the City.

(Ord. No. 1486-24, § 10, 6-10-24)

(1)

Use Categories. Table 64-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the MBP zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 64-1 and restrictions identified in TDC 64.210. 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)

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

Table 64-1
Use Categories in the MBP 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)

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. Commercial uses and development standards are subject to this section.

(a)

Permitted Uses. The following commercial uses are permitted in the Commercial services Overlay:

(i)

Retail Sales and Service. Retail sales and service uses are limited to:

(A)

Branch banks and ATM banking kiosks;

(B)

Child day care centers;

(C)

Food stores;

(D)

Dry cleaners; and

(E)

Printing, copying and office services.

(ii)

Offices. Office uses are limited to general offices or medical and healing arts offices.

(iii)

Eating and Drinking Establishments. Eating and drinking establishments are limited to a restaurant without drive-up or drive through facilities.

(b)

Maximum Size. The maximum building size for a permitted use is 3,000 square feet and the maximum building size for a building with multiple tenants is 20,000 square feet.

(c)

Enclosure Requirement. All uses must be conducted within an enclosed building, except for outdoor play areas of child care centers.

(3)

Offices. Office uses are a permitted or conditional use as follows:

(a)

Permitted Uses.

(i)

Research and Development Offices. Research and development offices and laboratories for chemical, engineering, and physical sciences; medical and pharmaceutical products; alternative energy production from sources such as solar and wind; industrial products and consumer products.

(ii)

Headquarters Offices. Corporate, regional, or district office headquarters are permitted outright if the headquarters is for any use permitted in this Code, the offices occupy at least 20,000 square feet, and no manufacturing is conducted that is otherwise not a permitted use in the MBP zone.

(b)

Accessory Uses to an Industrial Use. Offices that are accessory uses to a permitted industrial use are permitted.

(c)

Conditional Uses. The following are conditional uses:

(i)

Film and video production;

(ii)

Call center or customer service center; and

(iii)

Data processing or data storage center.

(4)

Tonquin Light Manufacturing Overlay. Additional uses are permitted in the Tonquin Light Manufacturing Overlay, shown on Comprehensive Plan Map 10-5. Uses within the overlay are subject to the standards of this section.

(a)

Additional Permitted Uses. All permitted or conditional uses in the Light Manufacturing Zone are permitted under the same status in the MBP Zone, except that the following uses are permitted outright: contracting firms with on-site storage of equipment and materials; machine shop, including automotive and truck machine shop, of 7,500 square feet or larger; cold storage warehouse; motor freight facility, including office, repair, and maintenance, and transfer and storage for vehicles, equipment, and materials; and caretaker residence.

(b)

Additional Conditional Uses. The following uses are permitted as conditional uses in the overlay:

(i)

Restaurant, without drive-up or drive through facilities, with a maximum floor area of 3,000 square feet; and

(ii)

Industrial card lock fueling facility with 3,000 feet separation from another facility.

(c)

Expanded or New Permitted Use. Expanded or new permitted uses, including expanded or new outdoor storage, must be reviewed according to TDC Chapter 32 (Procedures) for the Architectural Review Application Review Process, and requires both Architectural Features and Public Facilities review consistent with TDC Chapters 73A through 73G, and 74.

(d)

Nonconforming Use. All existing uses not listed as permitted uses in TDC 64.210(4)(a) are allowed as non-conforming uses. Expansion of these uses may occur only to the extent and as provided in TDC Chapter 35 (Nonconforming Situations).

(e)

Annexation Agreement. An Annexation Agreement must be prepared when one or more property owners with the Tonquin Light Manufacturing Overlay submits a petition for annexation to the City.

(5)

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

(Ord. No. 1450-20 meeting, §§ 43, 44, 12-14-20)

Development standards in the MBP zone are listed in Table 64-2. Additional standards may apply to some uses and situations, see TDC 64.310.

Table 64-2
Development Standards in the MBP Zone

(Ord. No. 1450-20 meeting, § 45, 12-14-20)

(1)

Industrial Master Plan. Minimum lot size, setbacks, maximum height, and other development standards may be modified by submittal of an Industrial Master Plan application. See TDC 33.050.

(2)

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

(3)

Minimum Lot Size in RSIA. In accordance with the Metro RSIA designation and Metro Ordinance No. 02-969B and No. 02-990A, the minimum lot area for one or more parcels in the RSIA identified on Comprehensive Plan Map 10-5 is 100 acres and 50 acres. When the minimum lot area of one or more Lots of Record in the RSIA is 100 acres, the minimum lot area for one or more lots may be reduced to 50 acres.

(a)

When the minimum lot area requirements for RSIA designated properties in subsection (4) are met through a land platting process or established in an Industrial Master Plan process, the minimum lot size for remaining parcels located in the RSIA is 20,000 square feet.

(b)

The minimum lot area of a property within the RSIA may be reduced to less than 100 acres or 50 acres pursuant to an approved Industrial Master Plan as provided in TDC 33.050.

(c)

Lots or remnant areas created by the location of public streets may be less than 100 acres if necessary to create a logical, safe network of streets in the zone.

(4)

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 must not be required, except that at the time such structures are removed, sound barrier construction must be 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.

(5)

Wetland Conservation Lots. No minimum lot size, width or frontage requirement must apply to wetland conservation lots.

(6)

Setbacks for Conditional Uses. Setback requirements for conditional uses must be as determined and approved through the Conditional Use Permit process in accordance with TDC Chapter 33 and the Architectural Review process in accordance with TDC Chapter 33 and TDC Chapter 73A through 73F. However, no setback greater than 50 feet may be required.

(7)

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, § 31, 11-25-19;Ord. No. 1450-20 meeting, § 46, 12-14-20)