The purpose of this district is to recognize and accommodate the changing Industrial Commercial marketplace by allowing mixed uses within the context of an enforceable Master Plan reviewed and approved during Architectural Review. Industrial uses are emphasized, but office and selected service and retail uses are allowed through the operation of the Industrial Business Park Overlay District. A second purpose of this district is to recognize that it is not necessarily appropriate to assume that all industrial, office, service and retail uses are incompatible and, therefore, must be separated based on planning districts. The Industrial Business Park Overlay District allows flexibility in the uses permitted for selected General Manufacturing (MG) District areas. Further, the purpose of this district is to allow selected retail and service uses that are supportive of and secondary to the industrial and office uses.

(Ord. 1040-99 § 5, 12-13-99; Ord. 1370-14 § 16, 03-24-14)

(1)

The following additional uses are permitted when the Industrial Business Park Overlay District is applied to one of the selected General Manufacturing (MG) District areas and the site is ten acres or greater:

(a)

Business offices.

(b)

Commercial offices.

(c)

Branch banks and banking kiosks, with or without drive-up or drive-through facilities.

(d)

General offices, but not government offices.

(e)

Medical and healing arts offices.

(f)

Real estate offices.

(g)

Child day care center, provided that all exterior walls and outdoor play areas shall be a minimum distance of 400 feet from the exterior walls and pump islands of any automobile service station, irrespective of any structures in between.

(2)

The following additional uses are permitted when the Industrial Business Park Overlay District is applied to a property in one of the selected General Manufacturing (MG) District areas and the site is 20 acres or greater:

(a)

Retail Uses:

(i)

Food or convenience store of less than 4,000 square feet of gross floor area.

(ii)

Restaurant or deli, with or without drive-up or drive-through facilities.

(b)

Service Uses:

(i)

Correspondence, trade and vocational schools, except vocational high schools.

(ii)

Health or fitness facility.

(iii)

Job training and related services.

(iv)

Mailing operations.

(v)

Reproduction, photocopying.

(vi)

Dry cleaning.

(3)

The properties in the General Manufacturing (MG) District where the Industrial Business Park Overlay District may be applied in accordance with TDC 69.040 are:

(a)

North of the G.I. Joe's/Safeway Shopping Center and more particularly described as:

(i)

Tax Map T2S, R1W, Section 13A, Tax Lot 800. (As of September 1, 1994 described as T2S, R1W, 13AA, Tax Lot 1200).

(ii)

Tax Map T2S, R1E, Section 18BB, Tax Lots 2200, 2300, and 2400.

(iii)

Tax Map T2S, R1E, Section 18BC, Tax Lots 200, 300, and 400. (As of September 1, 1994 described as T2S, R1E, 18BC, Tax Lots 200, 202, 300, and 400).

(b)

PacTrust Area (Upper and Lower Boones Ferry Road) and more particularly described as Tax Map T2S, R1W, Section 24B, Tax Lots 1000, 1007, and 1008.

(c)

Drake Management Company ownership at the northwest corner of SW Tualatin-Sherwood Road and Avery Street and more particularly described as Tax Map TS1, R1W, Section 27B, Tax Lots 100, 102 and 200.

(Ord. 849-91 § 37, 11-25-91; Ord. 1040-99 § 1 and § 2, 12-13-99; Ord. No. 1251-08 § 1, 1-28-08; Ord. 1370-14 § 17, 03-24-14)

As per the underlying MG District, except as permitted in TDC 69.020.

(Ord. 1040-99 § 3, 12-13-99; Ord. 1370-14 § 18, 03-24-14)

At the time of application for Architectural Review, the applicant shall state in writing if the proposed project is to be developed under the provisions of the Industrial Business Park Overlay District. Selection of the overlay district is at the option of the developer and application of the overlay district shall be implemented upon the developer's statement as part of the Architectural Review application. No public hearing shall be held to decide to apply the overlay district. The overlay district shall only be used in conjunction with the selected MG District areas. The Architectural Review decision may include conditions of approval in accordance with TDC 73.055.

(Ord. 1040-99 § 4, 12-13-99; Ord. 1370-14 § 19, 03-24-14)

The retail and service uses shall be supportive of and secondary to the industrial and office uses and shall follow or be concurrent with the development of industrial and office uses. Office uses shall be secondary to industrial uses and shall follow or be concurrent with the development of industrial uses. Architectural Review approval, Building Permit issuance and Final Occupancy sign-off for office, retail and service uses shall follow or be concurrent with Architectural Review approval, Building Permit issuance and Final Occupancy sign-off for industrial uses.

(Ord. 1040-99 § 5, 12-13-99)

The minimum site size for the application of the Industrial Business Park Overlay District shall be ten acres for the uses listed in TDC 69.020(1) and 20 acres for the uses listed in TDC 69.020(2).

(Ord. 1040-99 § 6, 12-13-99)

As per the underlying MG District.

(Ord. 1040-99 § 6, 12-13-99; Ord. 1370-14 § 20, 03-24-14)

As per block area requirements in the underlying MG District.

(Ord. 1040-99 § 6, 12-13-99; Ord. 1370-14 § 21, 03-24-14)

(1)

When the Industrial Business Park Overlay District site size is 10.00 to 19.99 acres, the combined gross floor area of office and child day care center uses shall not be greater than 50 percent of the total gross floor area of buildings on the site. The gross floor area of a child day care center use listed in TDC 69.020(1)(g) may occupy up to ten percent of the total gross floor area of buildings on the site, except as provided in TDC 69.065(2)(a).

(2)

When the site size is 20.00 acres or greater:

(a)

The gross floor area of office, service and retail buildings combined shall not be greater than 50 percent of the total gross floor area of buildings on the site.

(b)

The gross floor area of office uses listed in TDC 69.020(1) may occupy up to 50 percent of the total gross floor area of buildings on the site, except as provided in TDC 69.065(2)(a).

(c)

The gross floor area of retail uses listed in TDC 69.020(2)(a) may occupy up to ten percent of the total gross floor area of buildings on the site, except as provided in TDC 69.065(2)(a).

(d)

The gross floor area of service uses listed in TDC 69.020(2)(b) and a child day care center use listed in TDC 69.020(1)(g) may occupy up to ten percent of the total gross floor area of buildings on the site, except as provided in TDC 69.065(2)(a).

(3)

The percentages in (1) and (2) of this section shall not be exceeded and may be reduced in the Architectural Review decision when information shows the impact, or the cumulative impact, of the development generated by the uses allowed through the Industrial Business Park Overlay District exceed the capacity of the onsite or offsite public infrastructure to support the development.

(Ord. 1040-99 § 7, 12-13-99; Ord. 1251-08 § 2, 1-28-08)

As per the underlying MG District, except that retail and service uses be set back from any designated arterial or collector street right-of-way and any Residential District not less than 80 feet.

(Ord. 1040-99, 12-13-99; Ord. 1370-14 § 22, 03-24-14)

Editor's note— Ord. 862-92 § 49, adopted March 23, 1992, repealed § 69.080.

(1)

No structure which is in the MG District and is overlaid by the Industrial Business Park Overlay District shall exceed a height of 70 feet, except as provided in TDC Chapter 32, in which case the maximum permitted structure height may be increased to 100 feet, provided that all yards adjacent to the structure are not less than a distance equal to the height of the structure.

(2)

Height Adjacent to a Residential District. Where a property line or alley separates MG land from land in a residential district, a building shall not be greater than 28 feet in height at the setback line. No building or structure shall extend above a plane beginning at 28 feet in height above the setback line and extending inward and upward at a slope of 45 degrees, subject always to the maximum height limitation set in subsection (1) above.

(Ord. 1040-99 § 8, 12-13-99; Ord. 1370-14 § 23, 03-24-14)

Access shall be in accordance with the Access Management Standards in TDC Chapter 75 and the underlying ML or MG District, except that retail and service uses shall not have access directly onto an arterial or collector street.

(Ord. 1040-99 § 9, 12-13-99)

Refer to TDC Chapter 73.

Refer to TDC Chapter 63.

Refer to TDC Chapter 70.

Refer to TDC Chapter 71.

Refer to TDC Chapter 72.

Refer to TDC Chapter 73.

Refer to TDC Chapter 73.

(Ord. 862-92, § 50, 3-23-92)

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