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19.310 BUSINESS INDUSTRIAL ZONE BI

19.310.1  Purpose

This section is adopted to implement the policies of the Comprehensive Plan for industrial land uses providing a mix of clean, employee-intensive, industrial and office uses, with associated services, in locations supportive of mass transit and the regional transportation network.

19.310.2  Uses Permitted Outright

A.    The following business and industrial uses are allowed outright, subject to the standards of Subsection 19.310.6.

1.    Experimental, research, film, or testing laboratories, provided no operation shall be conducted or equipment used which would create hazards and/or nuisances off the site (marijuana testing or research shall also be subject to the security and odor control standards of Subsection 19.509.2);

2.    Manufacturing, processing, fabrication, packaging, or assembly of products from previously prepared materials;

3.    Printing, publishing, bookbinding, graphic or photographic reproduction, blueprinting or photo processing;

4.    Trade schools primarily serving the business community within the area.

B.    Business and professional offices, including product design, sales, service, packaging; corporate headquarters or regional offices.

C.    Warehousing and distribution (marijuana warehousing shall be subject to the security and odor control standards of Subsection 19.509.2).

D.    Contractors and Related Businesses. Businesses whose primary activity is performing specific building or other construction-related work, on- or off-site. Examples include: residential and nonresidential building construction, utility/civil engineering construction, specialty trade contractors, and moving companies.

E.    Any other use similar to the above uses but not listed elsewhere.

19.310.3  Accessory Uses

Uses accessory to and in conjunction with uses permitted outright may include the following:

A.    Employee lounges and dining rooms, employee day-care facilities, conference rooms for tenant use, newsstands, central mail room and self-service postal and banking facilities, and product information and display areas;

B.    Executive, administrative, design, or product showroom offices provided in conjunction with uses listed under Subsection 19.310.2 of this section;

C.    Indoor and outdoor recreational facilities, such as swimming pools, saunas, game and craft rooms, exercise and dance studios, community meeting rooms, lounges, playgrounds, tennis and other courts, bike and walking trails, and pedestrian plazas and courts, which are provided in association with uses listed in Subsection 19.310.2 of this section;

D.    Rental and development information offices, handyman and maintenance services, and other business offices and services in association with allowed uses in the development;

E.    Recycling center, provided that any storage of materials shall be adequately screened;

 

F.    Accessory uses and structures not otherwise prohibited which are customarily accessory and incidental to any use permitted outright or limited use;

G.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work;

H.    Retail outlets associated with manufacturing uses as outlined in Subsection 19.310.2.A.2 of this section. Products sold at the accessory retail outlet shall be primarily those assembled or manufactured onsite. The accessory retail outlet shall be located within the associated manufacturing building and occupy up to a maximum of 25% of the floor area of the associated manufacturing building or 4,000 sq ft, whichever is less.

19.310.4  Limited Uses

A.    Limited retail or service uses may be allowed that primarily service the needs of BI Zone clients, employees, and businesses, as opposed to the general public. These uses, subject to the provisions of Subsection 19.310.4.B below, shall include:

1.    A restaurant or deli, offering at least breakfast and/or lunch items, without a drive-in or drive-through service;

2.    Office supply and equipment, sales, or service;

3.    Personal/business services such as a barber, beauty parlor, tailor, dressmaking, shoe repair shop, self-service laundry, dry cleaning, photographer, instruction studios, or similar uses;

4.    A bank or other financial institution;

5.    A computer or other similar small electronic office machines store, sales and service; and

6.    Any other use similar and compatible to the above-listed uses.

B.    Limitations and conditions on the development of the limited uses itemized above shall be as follows:

1.    All limited uses shall be located, arranged, and integrated within the district to serve primarily the shopping and service needs of clients, businesses, and employees of the district;

2.    Limited uses may occupy up to a maximum of 25% of the square footage of a building. A limited use that is to be located in a building and exceeds 25% of the building’s square footage shall be reviewed as a conditional use;

3.    Maximum floor area for a limited use shall be 4,000 sq ft;

4.    All limited uses shall comply with the standards under Subsection 19.310.6.

19.310.5  Conditional Uses

A.    Conditional uses may be established in a business industrial district subject to review and action on the specific proposal, pursuant to Section 19.905 Conditional Uses. Approval shall not be granted unless the proposal satisfies the criteria in Section 19.905; and, in addition, the proposed use:

1.    Will have minimal adverse impact on the appropriate development of uses permitted outright on abutting properties and the surrounding area considering location, size, design, and operating characteristics of the use;

2.    Is compatible with the character and scale of uses allowed within the district and on a site no larger than necessary for the use and operational requirements of the use;

3.    Will provide vehicular and pedestrian access, circulation, parking, and loading areas which are compatible with uses on the same site or adjacent sites; and

4.    Is a needed service/product in the district, considering the mix of potential clientele and the need to maintain high-quality development in a highly visible area.

B.    Uses allowed subject to the above conditions are:

1.    Public and private community buildings, indoor and outdoor recreational facilities, such as swimming pools, racquetball clubs, athletic clubs, health and exercise spas, gymnasiums, tennis courts, playground, and other similar uses, developed to serve primarily the recreational needs of clients and employees of the district;

2.    Mini-warehousing, mini-storage, public storage, and similar commercial facilities that lease storage space to the general public;

3.    A limited use or uses that exceed 25% of the building’s square footage as per Subsection 19.310.4.B.2 above.

4.    Marijuana producers and processors. Marijuana producers and processors shall be subject to the security and odor control standards of Section 19.509.

19.310.6  Standards

In the BI district, the following standards shall apply to all uses:

A.    Lot size. None, except that lots created shall be of a size sufficient to fulfill the applicable standards of this district.

B.    Front yard. A front yard shall be at least 20 ft unless additional setback is required in Subsection 19.501.2.A.

C.    Side yard. No side yard shall be required except on corner lots where a side yard shall be at least 10 ft on the side abutting the street, unless additional setback is required in Subsection 19.501.2.A.

D.    Rear yard. No rear yard shall be required except as provided in Subsection 19.501.2.A.

E.    Off-street parking and loading. As specified in Chapter 19.600.

F.    Site Access

One curb cut (45 ft maximum) per 150 ft of street frontage, or fraction thereof, for industrial uses; and 1 curb cut per 100 ft of street frontage or fraction thereof, for business park, limited or conditional uses.

G.   Height restriction. Maximum height of a structure shall be 3 stories or 45 ft, whichever is less.

H.    Landscaping

15% of the site must be landscaped, except for sites adjacent to Hwy. 224, which shall provide landscaping to 20% of the site. This should consist of a variety of lawn, trees, shrubbery, and ground cover. Street trees must be provided along street frontages and within required off-street parking lots to help delineate entrances, provide shade, and permeable areas for stormwater runoff. A bond or financial guarantee for landscape completion shall be required.

 

I.     Screening and Outside Storage

Outside storage adjacent to International Way, Freeman Way, 37th Ave., Lake Road, or Hwy. 224 is prohibited. Outside storage in side or rear yards is allowed, provided it is enclosed by a sight-obscuring fence or vegetative screen.

J.    Building Siting and Design

Buildings and sites shall be designed using the following principles:

1.    Sites shall be developed to the maximum extent practicable, so that buildings have solar access and utilize other natural features in their design.

2.    Assure that building placement and orientation and landscaping allow ease of security surveillance.

3.    Design buildings with shapes, colors, materials, textures, lines, and other architectural design features which enhance the character of the district and complement the surrounding area and development, considering, but not limited to, the following techniques:

a.    Use color, materials, and architectural design to visually reduce the scale and impact of large buildings;

b.    Use building materials and features that are durable and consistent with the proposed use of the building, level of exposure to public view, and exposure to natural elements.

4.    To the extent possible, screen or mask roof-mounted mechanical equipment, except solar collection apparatus, from view.

5.    Orient major service activity areas (e.g., loading, delivery, and garbage collection, etc.) of the development away from major streets.

6.    Arrange use and buildings to maximize opportunities for shared circulation, access, parking, loading, pedestrian walkways and plazas, recreation areas, and transit-related facilities.

7.    Provisions for bus shelters, bike racks, street furniture, kiosks, drinking fountains, art sculptures, and/or other pedestrian and transit amenities as required by Chapter 19.700.

K.    Nuisances

The use shall not be of a type or intensity which produces dust, odor, smoke, fumes, noise, glare, heat, or vibrations which are incompatible with other uses allowed in this zone; and the use does not produce off-site impacts that create nuisance as defined by the Oregon D.E.Q. and the City Noise Ordinance.

19.310.7  Validity of Uses

In the BI Zone, uses that are subject to the provisions of this zone and were legally established/occupied on or prior to the effective date of the zone, shall be considered as legally approved permitted, limited, or conditional uses as described by the BI Zone. (Ord. 2168 § 2, 2019; Ord. 2140 § 2, 2017; Ord. 2134 § 2, 2016;  Ord. 2051 § 2, 2012; Ord. 2025 § 2, 2011)