The purpose of this district is to implement the goals of the Basalt Creek Concept Plan, to provide an environment conducive to the development and protection of employment uses that contribute to the local economy and support nearby residential uses. Such permitted uses must not cause objectionable noise, smoke, odor, dust, noxious gases, vibration, glare, heat, fire hazard or other wastes emanating from the property to protect public health, safety and general welfare. The emphasis of the zone is on providing a variety of manufacturing, office, and incubator space for established and emerging businesses, typically in a flex-space development pattern. Commercial uses are allowed but limited in intensity to maintain adequate employment development opportunities.

(Ord. No. 1480-23 meeting, § 9, 8-28-23)

(1)

Use Categories. Table 65-1 lists use categories Permitted Outright (P) or Conditionally Permitted (C) in the BCE zone. Use categories may also be designated as Limited (L) and subject to the limitations listed in Table 65-1 and restrictions identified in TDC 65.210. 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.

Table 65-1
Use Categories in the BCE Zone

(Ord. No. 1480-23 meeting, § 9, 8-28-23)

(1)

Commercial Recreation, Eating and Drinking Establishments, Medical Office, Vocational Services, and/or Retail Sales and Services. Except for Child Day Care Centers, permitted uses in these categories, as specified in Table 65-1, are subject to the following additional standards.

(a)

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

(b)

Location Standard. The use or uses must be located on a lot, parcel or development site that has at least 150 feet of frontage on SW Graham's Ferry Road.

(2)

Mobile Food Unit Development. A mobile food unit development is a permitted use as specified below.

(a)

Maximum Size. A mobile food unit development may contain up to ten mobile food units. Each mobile food unit must not exceed 200 square feet. The combination of mobile food units and additional structures accessory to or in support of the development must not exceed 20,000 square feet.

(b)

Location Standard. One single mobile food unit development within the BCE district is allowed and must be located on a lot, parcel or development site that has at least 150 feet of frontage on SW Graham's Ferry Road.

(c)

Outdoor Storage. All operations must be conducted within a structure or within an area that is screened from public view.

(d)

Architectural Review Required. A mobile food unit development is subject to Architectural Review and Approval under TDC 33. Compliance with associated development standards is required.

(3)

Offices. Offices are a permitted use as specified below.

(a)

Uses Accessory to an Industrial Use. Office uses accessory to a permitted light and/or heavy manufacturing use are permitted.

(b)

Limited Uses. A primary office use must not exceed 20,000 square feet on the site.

(4)

Sale of Goods Produced On-Site. The retail sale of goods produced on-site is permitted, provided that the retail sale area does not exceed 5,000 square feet.

(5)

Warehouse and Freight Movement. Warehouse and freight movement is allowed as specified below.

(a)

Limited Use as Accessory to a Manufacturing Use. The use must be conducted wholly in conjunction with a permitted light and/or heavy manufacturing use on the same lot, parcel, or development site, and facilitate the storage and distribution of goods produced on-site.

(i)

Maximum Size. The use must not exceed more than 50 percent of the gross floor area of the permitted light and/or heavy manufacturing use. A Conditional Use Permit is required for uses greater than 50 percent and up to 200 percent of the gross floor area of the permitted light and/or heavy manufacturing use.

(b)

Other Limited Uses. A primary warehouse and freight movement use may be permitted on a site that includes a light and/or heavy manufacturing use comprising a minimum of 30 percent of the total building square footage on the site. No single building may exceed 150,000 square feet in size.

(6)

Wholesale Sales. Wholesale sales is a permitted use as specified below.

(a)

Limited Uses. A primary wholesale sales use is limited to the sales of industrial products primarily sold wholesale to other industrial firms or industrial workers may be permitted on a site that includes a light and/or heavy manufacturing use comprising a minimum of 30 percent of the total building square footage on the site. No single building may exceed 150,000 square feet in size.

(7)

Outdoor Uses. All uses must be conducted wholly within a completely enclosed building, except off-street parking and loading, Basic Utilities, Wireless Communication Facilities or as otherwise provided by this section.

(Ord. No. 1480-23 meeting, § 9, 8-28-23)

Development standards in the BCE zone are listed in Table 65-2. Additional standards may apply to some uses and situations, see TDC 65.310.

Table 65-2
Development Standards in the BCE Zone

(Ord. No. 1480-23 meeting, § 9, 8-28-23)

(1)

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

(2)

Wetland Conservation Lots. Minimum lot size, width, or frontage requirement do not apply to wetland conservation lots.

(3)

Landscape Buffer Adjacent to Residential Uses. A landscaped area, meeting the Type D standard described in Table 73B-4, must be located along property lines abutting residential zones.

(4)

Fences Adjacent to Public Right-of-Way. Decorative fencing is encouraged. Open fencing (such as chain-link or slatted chain-link fencing) must be screened from public-right-of-way by a minimum 10-foot-wide landscape area that is planted with a hedge of narrow or broad leaf evergreen shrubs and which will form a four-foot high continuous screen within two years of planting.

(5)

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, as determined by the Architectural Review process. Where buildings or outdoor areas located on more than one parcel are all part of a single use as determined by 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 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 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 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.

(Ord. No. 1480-23 meeting, § 9, 8-28-23)