Section 134D.   Industrial Sanctuary zone (I-S)

(Added by Ord. No. 5978/1-12)

1.     Purpose.  The purposes of the I-S Zone are as follows:

A.        To provide a full range of industrial uses and limited support services in areas brought into the Regional Urban Growth Boundary (UGB) for industrial development, in order to support the goals and policies of Section 10 (Economy) of the City’s Comprehensive Plan and Statewide Planning Goal 9 (Economy of the State); and 

B.        To accommodate the region-wide need to create and preserve large lots for industrial use, as set forth in Title 4 of the Metro 2040 Urban Growth Management Functional Plan.

 

2.     Applicability.  The provisions of this zone shall generally apply to properties, north of NW Evergreen Road or NW Jacobsen Road, and west of NW Cornelius Pass Road.  The zone contains four Sub-areas as shown on Figure 134D-A:  West Union / Helvetia; Shute Road; Evergreen East; and Evergreen West.

3.     Use Categories.  For the purposes of this Zone, permitted uses are categorized as follows: 

Aviation Uses include landing, take-off, servicing and storage of aircraft including airplanes, jets, helicopters and gliders, and activities related to or using aircraft or aviation services.  Example of aviation uses include but are not limited to: aviation-related activities, including taxiing, take-offs and landings; air passenger and air freight services and facilities; emergency medical flight services; flight instruction; aircraft service, maintenance and training; aircraft rental and supporting facilities; aircraft and aeronautic equipment and supplies sales; indoor or outdoor storage of aircraft; crop-dusting activities; commercial supporting uses and at  terminal buildings; and aeronautic educational, recreational and sporting activities.

Eating and Drinking Establishments sell food and/or beverages to the general public as the primary use, for on-site consumption and/or take-away service.  Examples of eating and drinking establishments include cafes, coffee shops and delicatessens; dine-in restaurants with or without take-out facilities; drive-up or drive-through restaurants with or without seating; and taverns, brew pubs, bars and night clubs.

Industrial Services uses are engaged in repair and/or servicing of industrial, business or consumer machinery, equipment, products or by-products or in training or instruction of such repair or servicing.  Contractors and building maintenance firms and similar uses perform services on- or off-site. Examples of industrial services uses include but are not limited to:  information technology centers; building, heating, plumbing and electrical contractors; laundry, dry-cleaning and carpet cleaning plants; extermination services; fuel oil distribution and solid fuel yards; heavy truck servicing and repair; janitorial and building maintenance services; printing, publishing and lithography shops; research and development facilities; bulk sales of building materials and landscaping materials; repair and servicing of heavy construction or farm equipment; tire retreading or recapping; tool, electric motor and scientific or professional instrument repair; trade schools where industrial vehicles and equipment are operated; welding and machine shops; and contracting firms with on-site storage of equipment and materials.

Manufacturing and Production uses involve the manufacturing, processing, fabrication, packaging and/or assembly of products on-site, using natural, man-made, raw, secondary or partially-completed materials.  Products are generally not displayed or sold on site, but if so, sales and displays are accessory to the primary use.  Examples of manufacturing and production uses include but are not limited to: breweries, distilleries and wineries; concrete batching and asphalt mixing plants; manufacture of solar, wind-power or other energy production devices; food, beverage, and related product processing; manufacture or assembly of machinery, equipment and instruments; manufacture of micro-processors and computer components; production of artwork and toys; production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials or products; production of prefabricated structures, including manufactured dwellings; production or fabrication of metals or metal products including enameling and galvanizing; sign making; weaving or production of textiles or apparel; woodworking, including cabinet makers; and printing, publishing, and lithography shops.

Office uses provide professional services in an office setting including but not limited to: computer system design and programming; data processing; engineering, architectural, planning, and similar services; graphic and industrial design; medical, dental and allied health clinics and offices; financial, insurance, and real estate services; scientific and technical services; software and internet content development and publishing; and telecommunication service providers.

Major Assembly Facilities are uses that attract a large number of people who participate as a group in a specific activity or event that may be religious, cultural, educational, social or recreational.  An assembly facility is a Major Assembly Facility use when the maximum Building Code occupancy within the primary assembly area is equal to or greater than 250 persons.  Examples of Major Assembly Facilities include churches, synagogues, mosques or temples; auditoriums; coliseums, stadiums and sports arenas; convention and conference centers; fairgrounds; race tracks; and outdoor amphitheaters.

Parks and Open Areas are primarily publicly-owned or non-profit facilities featuring natural or cultivated landscaping; active and passive outdoor recreation including playing fields, basketball and tennis courts, swimming pools and trails; community gardens and public squares.  Examples of parks and open spaces include botanical gardens, cemeteries, community gardens, nature preserves, parks, public squares and plazas, and recreational trails

Public Safety Facilities provide police, fire, ambulance and emergency services to the community.  With the exception of ambulance services, these facilities are typically publicly-owned and -operated.  Examples of public safety facilities include: emergency communications centers; police and fire stations; publicly- and privately-operated ambulance facilities; and public agency or private utility operations centers.

Retail Products and Services sell, lease, rent and/or repair new or used products and provide personal services.  These services typically are provided directly to consumers, as opposed to wholesale products and services provided to industrial, institutional, or commercial users.  Activities associated with this use classification include but are not limited to: sales, leasing or rental of products and equipment; repair or servicing of products or equipment generally performed on-site; processing of products or equipment; personal services; and catering or food preparation without on-site consumption.

Schools are public and private educational facilities providing state-mandated basic education. Schools may serve any ages of students from kindergarten through 12^th grade.  Examples of schools include public and private elementary, middle and high schools, with or without kindergartens, and boarding schools and military academies that have residential facilities for students.

Telecommunication Facilities include all devices, equipment, machinery, structures and supporting structures necessary to produce or transfer a signal or message.  Only free-standing towers are classified as Telecommunication Facilities.  Examples include: AM and FM radio and television towers; wireless transmission towers; point-to-point microwave towers; two-way radio towers; and receive only antennas.

Warehousing and Distribution uses are involved in the storage, repackaging, delivery and movement of products. Examples of warehouse and distribution uses include but are not limited to: centralized warehouses; cold storage plants, including frozen food lockers; general freight storage; household and business moving operations; major wholesale distribution centers; parcel or postal distribution facilities; storage and stockpiling of sand, gravel, or other aggregate or raw materials; freight terminals and yards; mail-order merchandise warehouses; and heavy rail facilities; transfer and storage facilities without individual units.

Wholesale Sales are firms involved in the sale, lease and/or rental of products primarily to businesses.  On-site sales to the general public are limited.  Examples of wholesale sales include but are not limited to: mail order houses; sale and/or rental of construction and farm machinery, equipment, and vehicles, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; wholesalers of food, clothing, auto parts, building hardware and office supplies; and suppliers of test equipment, uniforms and linens, lab supplies, sub-components and circuit boards, and packaging materials. 

Utility Facilities are local and regional infrastructure facilities which must be located in or near the area to which the infrastructure is provided.  Utilities may be publicly or privately owned and operated.  Most facilities have few or no on-site employees, although treatment plants may be staffed continuously. Examples of utility facilities include but are not limited to:  electrical substations; high tension electrical power lines; sewage disposal and conveyance systems; telephone exchange equipment; water or sewage pump stations; water towers and reservoirs; water quality and flow control facilities; and water or sewage treatment plants.

4.     Permitted Uses.  In the I-S Zone, the following uses and their accessory uses are allowed outright:

A.     Industrial services

B.     Manufacturing and production

C.    Public safety facilities

D.    Warehousing and distribution

E.     Wholesale sales

F.     Utility facilities

5.     Conditional Uses Permitted.  In the I-S Zone, the following uses and their accessory uses are permitted with Conditional Use approval according to the requirements contained in Sections 78-83:

A.     Automobile service stations, subject to additional requirements in Section 128.

B.     Telecommunications facilities

C.    Major Assembly uses, Schools, and Parks and Open Space where not otherwise prohibited by Metro Code.

D.    Corporate or company headquarters offices for firms allowed in the I-S zone as permitted or conditional uses.  Such headquarters offices are not subject to the limitations in Subsection 134D 6 so long as they remain in use by the original occupant. 

 

6.     Limited Uses.  In the I-S Zone, the following uses and their accessory uses are allowed subject to the limitations listed below:

 

A.     Aviation uses are limited to locations within the boundaries of a public-use airport.

B.     Community colleges or trade schools are limited to those with offerings that provide basic skills and vocational training to employees in the industrial area.

C.    Eating and drinking establishments, general office uses, and retail goods and services are limited in scale and location to serve primarily the needs of the businesses and employees in the industrial area.  Such uses are subject to the following limitations in location and size: 

1.     Location only in those commercial support nodes identified in Comprehensive Plan Section 30 North Hillsboro Industrial Area Community Plan.  The node between the Shute Road and Evergreen East sub-areas shall be located in the Evergreen East sub-area; 

2.     within any commercial support node, no single use shall exceed 20,000 square feet;

3.     no single commercial node shall occupy more than five gross acres of developed land; with not more than 50,000 gross square feet of total structural or building floor area per node; and 

4.     Development of a commercial support node in an identified sub-area is permitted only after certain thresholds of industrial development are met or exceeded.  These thresholds are considered met when the city has issued building permits for permitted manufacturing and production and industrial services development as defined in Section 134D 3) within the sub-area at the cumulative levels established in Table 134D-1: 

TABLE 134D-1:  COMMERCIAL SUPPORT THRESHOLDS

IN THE I-S ZONE BY SUB-AREA

7.     Prohibited Uses.  Any use not contained explicitly in Section 134D is prohibited in the I-S zone.  In addition, the following uses are prohibited: 

A.     Manufacturing and production uses: 

• Concrete and asphalt batch plants
• Animal slaughtering and processing
• Fossil fuel products manufacturing
• Production of soil amendments (fertilizers, pesticides, fungicides, etc.)

B.     Industrial Services uses: 

• Building, heating, plumbing and electrical contractors
• Extermination services
• Fuel oil distribution and solid fuel yards
• Heavy truck servicing and repair
• Bulk sales of building materials and landscaping materials
• Repair and servicing of heavy construction or farm equipment
• Tire retreading or recapping
• Truck driving schools
• Truck stops

C.    Major Assembly Facilities Uses: 

• Auditoriums
• Coliseums, stadiums and sports arenas
• Convention and conference centers
• Outdoor amphitheaters

8.     Accessory Uses.  Accessory uses to permitted uses listed in Subsection 4 and conditional uses listed in Subsection 5, include but are not limited to:  administrative offices; conference rooms/conference facilities; food service such as cafeterias, delicatessens and coffee shops; personal retail services, exercise facilities; and child care.  Such accessory uses are subject to the following standards: 

A.     The accessory uses are intended to serve only the primary use’s employees and visitors; and 

B.     The uses are located entirely within the building containing the primary permitted use, or if the primary use has a multiple building campus, in a free-standing building within the campus perimeter.

 

9.     Pre-Existing Uses or Structures.  Any land use, building, structure or site improvement permitted by right prior to January 17, 2012 is deemed pre-existing and can continue to operate and expand subject to the standards and requirements of Sections 98-105 regarding Non-Conforming Uses and Structures.

10.   Development Standards.  The following development standards apply to all proposed development within the I-S zone except where the applicant has obtained a Variance(s) as governed by Sections 106 – 109. 

A.     Minimum lot dimensions: 

1.     Width:  600 feet for newly created lots smaller than 10 acres; otherwise none.

2.     Depth:  600 feet for newly created lots smaller than 10 acres; otherwise none.

3.     Area:  subject to Section 134D 10 Land Division Regulations.

B.     Minimum front setbacks:

 

 

1.     Buildings up to 45 feet in height:  35 feet

2.     Buildings taller than 45 feet in height:  35 feet plus 1 foot for each additional foot of height over 45 feet. 

C.    Minimum side and rear setbacks:

 

1.     Buildings up to 45 feet in height:  10 feet

2.     Buildings taller than 45 feet in height:  10 feet plus 1 foot for each additional foot of height over 45 feet. 

D.    Maximum setbacks:  none.

E.     Maximum lot coverage:  50%

F.     Maximum building height: 

1.     High profile industrial buildings:  150 feet

2.     All other buildings:  45 feet

 

G.    Landscaping and parking: 

1.     Minimum landscaping:  15% of lot area, including all minimum setbacks;

2.     Parking:  permitted within the minimum front setback only if a 20-foot wide landscaped buffer is maintained at the front property line.

11.   Performance Standards.  All development in the I-S zone is subject to the following performance standards:

A.     the standards of the M-P Industrial Park zone as specified in Section 72; and

B.     where applicable, the Airport Safety and Compatibility Overlay zone standards as specified in Section 135B regarding outdoor lighting, reflectivity, steam or particulate emissions and water impoundments.

 

12.   Lot Reconfiguration and Division Standards

A.     Intent of lot reconfiguration and division requirements.  Land in the I-S zone was added to the regional Urban Growth Boundary with the expressed purpose of maintaining and creating large lots for industrial use.  To accomplish this purpose, lot reconfiguration and division approvals shall require retention and creation of lots of certain sizes, as described in subsections B and C below.

B.     Development on lots of record.  Lots of record or contiguous lots of record, existing on or after January 17, 2012 in common ownership may be developed in compliance with Tables 134D-2 and 134D-3 below: 

        TABLE 134D-2:  WEST UNION / HELVETIA AND EVERGREEN WEST

        LOT DIVISION, ASSEMBLY AND/OR RECONFIGURATION CALCULATIONS

        TABLE 134D-3:  EVERGREEN EAST

        LOT DIVISION OR ASSEMBLY AND RECONFIGURATION CALCULATIONS

C.    Lot reconfiguration and division requirements in Shute Road sub-area.  Prior to development, properties shall be aggregated into parcels at least 50 gross acres in area; with the exception of the area north of the Waibel Creek drainage, which may be reconfigured as a separate lot less than 50 gross acres in area.

D.    Exceptions to minimum lot sizes.  Lot sizes in any sub-area may be reduced below the standards listed in subsections B and C above to allow:

1.     Provision of public facilities and services;

2.     Dedication and/or construction of public collector or arterial streets necessary to implement Comprehensive Plan Section 13 Transportation;

3.     To separate common or public ownership of natural areas or flood hazard areas; or

4.     To separate an existing non-conforming use from the remainder of the lot. 

 

E.     Property line adjustments.  Property line adjustments between lots of record individually smaller than 5 acres are exempt from the standards listed Subsections B and C.  If an applicant proposes to reconfigure two lots of record in common or varied ownership, such reconfiguration may be approved as a Property Line Adjustment under Subdivision Ordinance Article VI.  All other property line adjustments shall result in lots which are in compliance with Subsection B or C as applicable.

F.     Lot division, assembly and/or reconfiguration by partition or subdivision.  A land division or reconfiguration of lots may be approved as a Partition under Subdivision Ordinance Article V or as a Subdivision under Articles II and III. 

G.    Sequential lot reconfiguration or division restrictions.  Lots of record or lot assemblies reconfigured or divided through property line adjustments, partitions or subdivisions under Subsections E or F shall not be reconfigured or redivided for a minimum of five years following the recordation of the deed or plat for such reconfiguration or division.  This restriction against reconfiguration or redivision may be waived for purposes described in subsection 10 D above. 

(Section 134D added by Ord. No. 5978/1-12.)