19.312 NORTH MILWAUKIE INNOVATION AREA

19.312.1  Purpose

A.    The Tacoma Station Area Mixed Use Zone (MUTSA) is intended to support the goals and policies of the North Milwaukie Innovation Area (NMIA) Plan. The MUTSA district is intended to take advantage of its unique location near the Tacoma light rail station and provide opportunities for a wide range of uses. The primary uses in this zone include housing, limited commercial and service-related office use, high intensity office employment, and light industrial uses including uses involved in production, manufacturing and processing, of goods. The intent of light industrial uses in the MUTSA is to provide an area to serve a wide variety of manufacturing and other industrial activities with controlled external impacts. These types of industries are often involved in the secondary processing of materials into components, the assembly of components into finished products, food and beverage processing, warehousing, and wholesaling. The external impact from these uses is generally less than heavy industrial uses and activities are generally located indoors.

B.    The North Milwaukie Employment Zone (NME) Zone is intended to support the goals and policies of the NMIA Plan and retain the area as a viable industrial and employment zone. The primary uses in the zone are intended to be uses involved in production, manufacturing, processing, and transportation of goods, as well as uses providing opportunities for higher intensity employment such as production-related office, laboratories, and research and development uses. Limited specific uses not involving the production and transportation of goods, which are appropriate for industrial areas due to their use characteristics, are also allowed. Service-related office and commercial uses are intended to be incidental uses that are minor in relation to the industrial uses on a site and should be subordinate and accessory to the industrial uses in the zone.

19.312.2  Uses

A.    Permitted Uses

Uses allowed outright in the NMIA zones are listed in Table 19.312.2 with a “P.” These uses are allowed if they comply with the development and design standards and other regulations of this title.

B.    Community Service Uses

Uses listed in Table 19.312.2 as “CSU” are permitted only as community service uses in conformance with Section 19.904.

C.    Conditional Uses

Uses listed in Table 19.312.2 as “CU” are permitted only as conditional uses in conformance with Section 19.905.

D.    Nonconforming Uses, Structures, and Development

Existing structures and uses that do not meet the standards for the NMIA zones may continue in existence. Alteration or expansion of a nonconforming use, structure, or development that brings the use, structure, or development closer to compliance may be allowed through development review pursuant to Section 19.906. Alteration or expansion of a nonconforming use or structure that does not bring the use or structure closer to compliance may be allowed through a Type III variance pursuant to Section 19.911. Except where otherwise stated in this section, the provisions of Chapter 19.800 Nonconforming Uses and Development apply.

E.    Prohibited Uses

Uses not listed in Table 19.312.2, and not considered accessory or similar pursuant to Subsections 19.312.2.F and G below, are prohibited. Uses listed with an “N” in Table 19.312.2 are also prohibited.

F.    Limited Uses

Uses listed in Table 19.312.2 as “L” are permitted only as limited uses in conformance with Section 19.312.4.

G.   Accessory Uses

Uses that are accessory to a primary use are allowed if they comply with all development standards.

H.    Similar Uses

The Planning Director, through a Type I review, may determine that a use that is not listed is considered similar to an example use listed in Table 19.312.2. The unlisted use shall be subject to the standards applicable to the similar example use.

P =          Permitted.

N =          Not permitted.

L =          Limited.

CSU =     Permitted with community service use approval subject to provisions of Section 19.904. Type III review required to establish a new CSU or for major modification of an existing CSU. Type I review required for a minor modification of an existing CSU.

CU =       Permitted with conditional use approval subject to the provisions of Section 19.905. Type III review required to establish a new CU or for major modification of an existing CU. Type I review required for a minor modification of an existing CU.

1.             Multifamily residential is permitted outright in a stand-alone building or in stories above a ground-floor commercial or office use. Deed restrictions will apply to residential development in order to reduce potential conflicts between residential uses and surrounding manufacturing uses, which will serve as actual and constructive notice to potential purchasers and tenants of the owner’s property that the residential use is located within a zone that permits and encourages industrial uses.

2.             When considering an adult entertainment business, the following criteria shall be used:

a.      The proposed location of an adult entertainment business shall not be within 500 ft of an existing or previously approved adult entertainment business or within 500 ft of either a public park, a church, a day-care center, a primary, elementary, junior high, or high school, or any residentially zoned property.

b.      Distances shall be measured in a straight line, without regard to intervening structures, between the closest structural wall of the adult entertainment business and either the closest property line of the applicable property or the closest structural wall of any preexisting or previously approved adult entertainment business.

3.             All activities related to trade schools must be conducted inside an enclosed building.

4.             Waste Management uses in existence prior to December 31, 2017 are Permitted; uses proposed after that date are permitted as a Conditional Use.

19.312.3  Specific Prohibited Uses

Any use which has a primary function of storing or manufacturing explosive materials or other hazardous material as defined by the Oregon Fire Code, Chapter 27.

19.312.4  Standards for Limited Uses

The following standards apply to those uses listed as limited (L) in Table 19.312.2.

A.    Retail, Service-Related Office, Eating and Drinking Establishments, and Personal Service Uses

To ensure that these uses are limited in size and scale and do not dominate land intended for manufacturing and higher intensity employment uses, the following standards apply. See Figure 19.312.4.A for an illustration of the size limitations.

1.    In the NME, the total gross leasable square footage of an individual retail, service-related office, eating and drinking establishment, and personal service use shall not exceed 5,000 sq ft or 40% of the floor area of an individual building, whichever is less. The total cumulative gross leasable square footage of these uses in a development project shall not exceed 20,000 sq ft or 40% of the floor area. In the NME, retail, service-related office, eating and drinking establishments, and personal service uses are not permitted in a stand-alone building. They must be included within a building whose primary purpose is for an allowed industrial, manufacturing and production, or production-office use. The retail, service-related office, eating and drinking establishment, and personal service use is not required to be related to the primary manufacturing use. Nonconforming retail textile sales uses in existence at the time of adoption of this code provision may be replaced but shall not be more out of conformance with the land use or development regulations than the original use or development.

2.    Food carts or a food cart pod are permitted. A food cart pod is limited to 5,000 sq ft or 40% of the floor area of the building on site and must be included on a site with an allowed industrial, manufacturing and production, or production-office use.

3.    In the MUTSA, retail, service-related office, eating and drinking establishments, and personal service uses are permitted in a stand-alone building, or within a building with another permitted use, but shall not exceed a cumulative total of 20,000 gross sq ft per building or property.

4.    In the MUTSA, eating and drinking establishments that exceed the above standards are subject to a conditional use review pursuant to Section 19.905.

5.    Marijuana retail uses shall have a gross square footage of no more than 5,000 sq ft and are subject to a conditional use review pursuant to Section 19.905.

B.    Other Uses

1.    In the MUTSA, the following uses, or similar, are not permitted: sales, repair, or storage of heavy machinery; heavy truck servicing and repair; tire retreading or recapping; fleet storage and maintenance; fuel oil distributors; solid fuel yards; and manufacturing or production of: chemicals, synthetic rubber, pesticides, fertilizers, paints, adhesives, explosives, plastics, tires, cement, concrete, steel, ferroalloy, aluminum, nonferrous metal, and ammunition.

2.    Day care uses must be part of a larger building and shall not be permitted in standalone buildings.

Figure 19.312.4.A

Size Limitations for Retail, Service-Related Office, Eating and Drinking Establishments,

and Personal Service Uses (Illustrative Example)

19.312.5  Development Standards

These development standards are intended to ensure that new development is appropriate in terms of building mass and scale, how the building addresses the street, and where buildings are located on a site.

Table 19.312.5 summarizes some of the development standards that apply in the NMIA. Development standards are presented in detail in Subsection 19.312.6.

1. Properties in the MUTSA have a maximum front yard setback of 10 ft. Properties on key streets in the NME have a maximum front yard setback of 30 ft. Refer to 19.312.7 for key streets.

2. Side and rear lot lines abutting a residential zone have a minimum 10-ft setback. Side and rear lot lines not abutting a residential zone have no required setback.

19.312.6  Detailed Development Standards

The following detailed development standards describe additional allowances, restrictions, and exemptions related to the development standards of Table 19.312.5.

The following development standards apply to all uses in the NMIA.

A.    Height Bonuses

To incentivize the provision of additional public amenities or benefits beyond those required by the baseline standards, height bonuses are available for buildings that help meet sustainability goals.

Project proposals that receive green building approvals and certification as identified in Section 19.510 are permitted a total of 45 ft of additional height above the 45-ft base height maximum.

B.    Screening of Outdoor Uses

Outdoor uses shall be screened as follows:

1.    All outdoor storage areas shall be screened from adjacent properties by a 6-ft-high sight-obscuring fence or wall or by the use of vegetation. Vegetation used to screen outdoor storage areas shall be of such species, number, and spacing to provide the required screening within 1 year after planting.

2.    All screened or walled outdoor use and storage areas which abut a public street shall be set back a minimum of 25 ft from the property line(s). Within that setback area, trees and evergreen shrubs shall be planted. The plants shall be of such a variety and arranged to allow only minimum gaps between foliage of mature trees and plants within 4 years of planting.

3.    All plantings used to screen outdoor uses shall be maintained on an ongoing basis and shall be replaced if vegetation is diseased, dying, or dead.

C.    Loading and Unloading Areas

In the NMIA, no loading or unloading facilities shall be located adjacent to lands designated for residential uses, or residential community services, if there are alternative locations of adequate size on the subject site.

D.    External Effects

1.    The potential external effects of industrial, manufacturing, and production uses shall be minimized in the NME as follows:

a.    Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building.

b.    Potential nuisances such as noise, odor, electrical disturbances, and other public health nuisances are subject to MMC Title 8 Health and Safety.

c.    Roof-mounted mechanical equipment, such as ventilators and ducts, for buildings located adjacent to residential districts, arterial streets, or transit streets, shall be contained within a completely enclosed structure that may include louvers, latticework, or other similar features. This screening requirement does not apply to roof-mounted solar energy systems or wind energy systems.

2.    In order to ensure greater compatibility between industrial, manufacturing, and production uses and other uses in the Tacoma station area, the following off-site impact standards apply in the MUTSA:

a.    Applicability

The off-site impact standards in this section apply to all new machinery, equipment, and facilities associated with manufacturing uses. Machinery, equipment, or facilities that were at the site and in compliance with existing regulations as of August 1, 2013, the effective date of Ordinance #2071, are not subject to these off-site impact standards.

b.    Noise

The City’s noise control standards and requirements in Chapter 8.08 apply.

c.    Vibration

Continuous, frequent, or repetitive vibrations that exceed 0.002g peak are prohibited. Generally, this means that a person of normal sensitivities should not be able to feel any vibrations.

(1)   Temporary vibrations from construction activities or vehicles leaving the site are exempt.

(2)   Vibrations lasting less than 5 minutes per day are exempt.

(3)   Seismic or electronic measuring equipment may be used when there are doubts about the level of vibrations.

d.    Odor

Continuous, frequent, or repetitive odors are prohibited. The odor threshold is the point at which an odor may just be detected. An odor detected for less than 15 minutes per day is exempt.

e.    Illumination

Machinery, equipment, and facilities may not directly or indirectly cause illumination on other properties in excess of 0.5 footcandles of light.

f.     Measurements

Measurements for compliance with these standards may be made from the property line or within the property of the affected site. Measurements may be made at ground level or at habitable levels of buildings.

g.    Documentation

An applicant must provide documentation certified by a registered engineer or architect, as appropriate, to ensure that the proposed activity can achieve compliance with these standards.

E.    Additional Standards

When new residential development is proposed adjacent to existing industrial, manufacturing, and production uses, visual screening, which may include walls, fences, horizontal separation or plantings, shall be provided for those areas adjacent to loading docks, truck or other delivery vehicle ingress or egress areas, dumpsters or other recycling vessels, and outdoor storage areas.

Chapter 19.500 Supplementary Development Regulations contains additional standards that may apply.

F.    Signage for Non-manufacturing Uses

In addition to signage permitted in Title 14 Signs, 1 pedestrian-oriented sign per business may be provided along the building façade that faces the street. Pedestrian-oriented signs may be attached to the building, an awning, a kiosk, hanging, projecting, or otherwise so long as they are displayed no higher than 10 ft above the sidewalk and face the street and have a maximum area of 4 sq ft per sign face. All signs must comply with Title 14 Signs.

G.   Landscaping

A minimum of 15% landscaping of the site is required. The required landscape area shall comply with the following:

1.    Permitted landscape materials include trees, shrubs, ground cover plants, non-plant ground covers, and outdoor hardscape features.

2.    No more than 20% of the required landscape area shall be covered in mulch or barkdust. Mulch or barkdust under the canopy of trees or shrubs is excluded from this limit.

3.    Trees shall have a minimum 2-in caliper at time of planting, measured at 4 ft above grade.

4.    Shrubs shall be planted from 5-gallon containers or larger.

5.    All plantings shall be maintained on an ongoing basis and shall be replaced if vegetation is diseased, dying, or dead.

6.    A green roof and/or green/living wall may be used as a substitute for this landscaping requirement.

19.312.7 Design Standards for All Uses in the MUTSA and on NME Key Streets

The following development standards apply to all uses in the MUTSA Zone and in the NME Zone on properties located on the following key streets and key corners: McBrod Avenue, Main Street, 17th Avenue, and Ochoco Street. (See Figure 312.7.1)

Figure 19.312.7.1

Key Streets

A.    Design Standards for All New Construction and Major Exterior Alterations

The design standards contained in this section are intended to encourage building design and construction with durable, high-quality materials. The design standards in this section apply to the street-facing façades of new, and major alterations to, commercial, institutional, manufacturing, and mixed-use buildings when the closest wall of the street-facing façade is within 50 ft of a front or street-side lot line. Exterior maintenance and repair and minor exterior alterations are not subject to these standards. Subsection 19.312.7.B below defines exterior maintenance and repair and major/minor exterior and interior alterations.

1.    Ground-Floor and Street-facing Windows and Doors

Long expanses of blank walls facing the street or other public area have negative impacts on the streetscape and the pedestrian environment.

The ground-floor street wall area is defined as the area up to the finished ceiling height of the space fronting the street or 15 ft above finished grade, whichever is less.

a.    For nonresidential and mixed-use buildings:

(1)   A minimum of 30% of the ground-floor street wall area must consist of openings; i.e., windows or glazed doors; or

(2)   A combination of a minimum of 20% of the ground-floor street wall area must consist of openings; i.e., windows or glazed doors in addition to a living wall/green wall or art mural for the remaining area to equal the minimum 30%. A living wall or green wall is a self-sufficient vertical garden that is attached to the exterior or interior of a building.

b.    Ground-floor windows shall be distributed along the wall area such that there are no lengths of windowless wall greater than 20 ft.

c.    Clear glazing is required for ground-floor windows. Reflective, tinted, or opaque glazing is not permitted for windows facing streets or courtyards.

d.    Ground-floor windows shall allow views into storefronts, working areas, or lobbies. No more than 50% of the window area may be covered by interior furnishings including, but not limited to, curtains, shades, signs, or shelves. Signs are limited to a maximum coverage of 50% of the window area.

2.    Building Orientation

All buildings shall have at least one primary building entrance (e.g., dwelling entrance, customer entrance, tenant entrance, lobby entrance, or breezeway/courtyard entrance) facing an adjoining street (i.e., within 45 degrees of the street property line). If the building entrance is turned more than 45 degrees from the street (e.g., front door is on a side wall), the primary entrance shall not be more than 40 ft from a street sidewalk, except to provide pedestrian amenities. In all cases, a walkway shall connect the primary entrance to the sidewalk. See Figure 19.312.7.A.2 for illustration.

Figure 19.312.7.A.2

Building Entrances

3.    Weather Protection

All building entrances shall include an awning, canopy, recess, or some other form of shelter to provide weather protection and shade for users.

4.    Design Standards for Walls

The following standards are applicable to the exterior walls of buildings facing streets, courtyards, and/or public squares.

a.    Exterior wall-mounted mechanical equipment is prohibited.

b.    The following standards are applicable to the exterior walls of new buildings facing streets, courtyards, and/or public squares. Table 19.312.7.A.4 specifies the primary, secondary, and prohibited material types referenced in this standard.

(1)   Buildings shall utilize primary materials for at least 60% of the applicable building façades.

(2)   Secondary materials are permitted on no greater than 40% of each applicable building façade.

(3)   Accent materials are permitted on no greater than 10% of each applicable building façade as trims or accents (e.g. flashing, projecting features, ornamentation, etc.)

(4)   Buildings shall not utilize materials listed as (N) prohibited material.

(5)   For existing development, façade modifications that affect more than 50% of the façade shall comply with standards in this subsection. The Planning Director may waive this requirement if application of the standards would create an incongruous appearance of existing and new materials.

P =          Primary material

S =          Secondary material

A =          Accent material

N =          Prohibited material

5.    Design Standards for Roofs

The following standards are applicable to building roofs.

a.    Flat roofs shall include a cornice with no less than 6 in depth (relief) and a height of no less than 12 in.

b.    Mansard or decorative roofs on buildings less than 3 stories are prohibited.

6.    Flexible Ground-Floor Space

For newly constructed non-residential and mixed-use buildings, a minimum of 75% of the ground-floor space in a new building must meet the following requirements.

a.    The ground-floor height must be at least 14 ft, as measured from the finished floor to the ceiling, or from the finished floor to the bottom of the structure above (as in a multistory building). The bottom of the structure above is the lowest portion of the structure and includes supporting beams, and any heating, ventilation, and/or fire suppression sprinkler systems.

b.    The interior floor area adjacent to the key street must be at least 20 ft deep, as measured from the inside building wall or windows facing the key street.

7.    Frontage Occupancy Requirements

For block faces on key streets, 50% of the site frontage must be occupied by a building or buildings. If the development site has frontage on more than 1 street, the frontage occupancy requirement must be met on 1 street only.

B.    Applicability of Design Standards

Pre-existing buildings that do not meet the site or building design standards may continue and be modified subject to the standards below. Applicable standards only apply to the proposed modification and not to the nonmodified portion of the existing building unless the modification is a major exterior or interior alteration as defined below.

1.    The design standards in Subsection 19.312.7.A above are applicable to major exterior and interior alterations as follows:

a.    Major exterior alterations involving a wall(s) shall comply with the design standards for walls and the design standards for windows for that wall(s). A wall is considered the entire wall plane if the change in wall plane is less than 24 in.

b.    Major exterior alterations involving a roof shall comply with the design standards for roofs.

c.    Major interior alterations require compliance with Subsection 19.312.7.A for applicable frontages.

2.    Major exterior alterations include any of the following:

a.    Alterations that do not fall within the definitions of “exterior maintenance and repair” or “minor exterior alterations.”

b.    Demolition or replacement of more than 50% of the surface area of any exterior wall or roof. A wall is considered the entire wall plane if the change in wall plane is less than 24 in.

c.    In the MUTSA, floor area additions that exceed 50% of the existing floor area or demolition or replacement of 50% or more of the existing floor area.

d.    In the NME, floor area additions that exceed 75% of the existing floor area or demolition or replacement of 50% or more of the existing floor area.

3.    Major interior alterations include any of the following:

a.    In the MUTSA, interior floor area additions that exceed 50% of the existing floor area.

b.    In the NME, interior floor area additions that exceed 75% of the existing floor area.

4.    Exterior maintenance and repair includes refurbishing, painting, and weatherproofing of deteriorated materials, as well as in-kind restoration or replacement of damaged materials. Exterior maintenance and repair does not include replacement of materials due to obsolescence or when associated with minor or major exterior renovation, as defined below. Exterior maintenance and repair does not include the placement of signs.

5.    Minor exterior alterations include the exterior alterations of any portion of a structure that do not fall within the definitions of “exterior maintenance and repair” or “major exterior alterations.” Minor exterior alterations include, but are not limited to, the application or installation of finish building treatments, including windows and other glazing, doors, lintels, copings, vertical and horizontal projections (including awnings), and exterior sheathing and wall materials. Minor exterior alteration does not include the placement of signs.

6.    Additions may be considered minor exterior alterations only when the additional floor area is designed and used solely for utility, HVAC, other mechanical equipment, ADA upgrades, or egress required by applicable fire safety or building codes.

C.    Parking, Loading, and Unloading Areas

In the MUTSA and on NME key streets, parking, loading, and unloading areas shall be located as follows:

1.    Parking areas shall not be located in more than 50% of the front yard.

2.    No loading or unloading facilities shall be located adjacent to lands designated for residential uses, or residential community services, if there are alternative locations of adequate size on the subject site. No loading area shall be located between the front of a building and a front lot line, regardless of required setbacks. (Ord. 2236 § 2, 2023; Ord. 2234 § 2, 2023; Ord. 2163 § 2, 2018; Ord. 2134 § 2, 2016; Ord. 2094 § 2, 2015; Ord. 2071 § 5, 2013)