Chapter 18.55
GENERAL INDUSTRIAL ZONE (M-1)
Sections:
18.55.030 Conditional uses permitted.
18.55.050 Development requirements.
18.55.060 Performance standards.
18.55.070 Development standards.
18.55.010 Purpose.
The purpose of the general industrial or M-1 zone is to provide for various industrial activities which require processing, fabrication and storage of raw, primary materials, including outdoor storage areas, heavy equipment storage and other uses not compatible with the commercial or residential zones. [Ord. 810, 2000; Code 2000 § 11.20.71; Ord. 916 § 1 (Exh. A), 2010.]
18.55.020 Permitted uses.
In an M-1 zone the following uses shall be permitted outright; provided, that all operations are conducted within an enclosed structure:
(A) General uses involving manufacturing, processing, or storage.
(B) Automobile, truck, marine, motorcycle, motors, machine or appliance service and repair; provided, that all operations, other than storage, are conducted within an enclosed structure, and there shall be no retail sales, except as may be allowed under CMC 18.55.030(I).
(C) Cabinet shop, light metal fabrication shop, machine shop, but not including retail sales of finished products except if located on an arterial street as designated in the comprehensive plan.
(D) Research and development facilities.
(E) Other similar uses as may be approved by the planning commission.
(F) New general commercial office improvements shall be permitted without the need for direct arterial access; provided, that such use, including required parking, does not exceed 25 percent of the total site area, and providing that all other code requirements are met. Total site area shall be defined by existing tax lots and/or lots under contiguous ownership.
(G) Existing nonconforming residential structures may be converted to general commercial office use without the need for direct arterial access, provided all other code requirements are met, and provided the conversion complies with all applicable building code requirements.
(H) Internet and telephone system retail sales without counter sales, which are shipped out or shipped directly to customers of products prepared on site. The total retail sales area shall be less than 25 percent of the total building area in which the use is located.
(I) Type “A” or Type “B” mobile vendor, as described in Chapter 5.35 CMC; this use is not subject to the enclosed structure requirement. [Ord. 810, 2000; Code 2000 § 11.20.72; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016.]
18.55.030 Conditional uses permitted.
The following uses shall be permitted as a conditional use subject to the standards contained in CMC 18.55.060 and Chapter 18.105 CMC, Conditional Use Permit. In an M-1 zone the following uses and their accessory uses may be permitted when in accordance with Chapter 18.105 CMC:
(A) A planned commercial and industrial park, as provided under Chapter 18.110 CMC.
(B) Any conditional use allowed in a commercial zone, except residential or certified child care center.
(C) A mobile structure used as a construction and/or security office during site development.
(D) Parks, open space, recreation areas.
(E) Cellular transmission towers.
(F) Administrative, educational or other activities subordinate to a permitted use on the same premises as the principal use.
(G) Request to exceed the maximum building height.
(H) Above ground utility yard and above ground storage tanks.
(I) General retail shall only be permitted as approved by the planning commission where retail sales are in conjunction with and/or directly associated with products manufactured on site. The retail sales shall be subordinate to the primary industrial use approved for the site.
(J) Outdoor storage and display subject to a Type III review, except when the property abuts and/or is adjacent to M-1 zoned property on all sides in the city then a Type II review is required.
(K) Wind generation and turbines, subject to setback from all property lines equal to or greater than the height of the wind generation structure.
(L) Caretaker’s residence solely intended to provide security for the established principal permitted use of the property.
(M) Indoor mini-storage facility.
(N) Marijuana production facilities and processing facilities as defined in CMC 18.177.025 and subject to the provisions of Chapters 18.105 and 18.177 CMC. [Ord. 810, 2000; Code 2000 § 11.20.73; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020.]
18.55.040 Prohibited uses.
(A) General retail, except as identified as a conditional use in CMC 18.55.030.
(B) No residential use shall be permitted, except:
(1) Existing nonconforming structure and/or use.
(2) Caretaker’s residence, conditionally permitted in conformance with CMC 18.55.030.
(C) Marijuana retail sales facilities or medical marijuana dispensaries. [Ord. 810, 2000; Code 2000 § 11.20.74, Ord. 841 Exh. 1, 2003; Ord. 2015-03 § 4 (Exh. A), 2015; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2016-014 § 1 (Exh. A), 2016.]
18.55.050 Development requirements.
(A) Lot Size. In an M-1 zone there is no minimum lot size, save and except that the lot must be large enough to accommodate the proposed use, including all design standards and functional requirements related to the use.
(B) Setback Requirements. In an M-1 zone the following setbacks shall be the minimum required. The approval authority may require greater setbacks for uses allowed under CMC 18.55.030, based on the approval criteria in Chapter 18.105 CCC, the base standard; however, the review body may require a greater or lesser setback based on the design review criteria set forth in this chapter:
(1) The front yard shall be 20 feet, except that:
(a) Parking shall not be allowed within five feet of the front property line.
(b) Where an industrial use abuts a residential zone there shall be a front yard setback of 25 feet.
(2) No side or rear yard shall be required, except:
(a) Fifteen feet when the side yard abuts public street.
(b) Twenty-five feet when abutting any residential zone, except that parking shall not be allowed within 10 feet of the side or rear property line.
(C) Height of Building. No building shall exceed a height of 35 feet, unless approved by the planning commission. [Ord. 810, 2000; Code 2000 § 11.20.75; Ord. 841 Exh. 1, 2003.]
18.55.060 Performance standards.
In an M-1 zone no land or structure shall be used or occupied unless there is continuing compliance with the following standards:
(A) Design Review Approval. All design review requirements and conditions of approval, including all prior attached conditions, shall be satisfied.
(B) Environmental Standards. All uses shall comply with the required air, land, and water quality standards set forth by all state, federal and local jurisdictions (i.e., Department of Environmental Quality, Clean Water Services, and Metro).
(1) Vibration. No vibration other than that caused by highway vehicles or trains shall be permitted which is discernible without instruments at the property line of the use concerned.
(2) Odors. The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.
(C) Heat and Glare.
(1) Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed structure, such that glare is not visible from a public street or adjacent property.
(2) Exterior lighting shall be designed such that glare is directed away from public streets or adjacent properties.
(D) Insects and Rodents. Materials including wastes shall be managed and stored, and grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or create a health hazard.
(E) Outside Storage. Outside storage shall be appropriately screened consistent with CMC 18.55.070(F)(1). [Ord. 810, 2000; Code 2000 § 11.20.76; Ord. 841 Exh. 2, 2003.]
18.55.070 Development standards.
In an M-1 zone no new use or occupation of land or a structure or a new structure and no change of use of land or a structure shall be permitted unless there is continuing compliance with the following standards:
(A) Landscape Plan.
(1) For all uses in an M-1 zone, the first five feet of lineal street frontage on the subject site shall be landscaped (exclusive of frontage trees) prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2) At least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings are at maturity. The remaining area may be covered in nonvegetative ground cover.
(3) Street Trees. Street trees shall be required and shall be selected from the approved public works street tree list. The total number of trees shall be determined by dividing the total lineal footage of the site which abuts a public street by 30. The location of the trees shall be determined through design review, and the trees shall be installed in accordance with the adopted public works standards.
(4) Installation of required landscaping may be deferred for up to six months; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(B) Vehicular Access, Internal Circulation and Clear Vision Areas.
(1) Where possible, vehicular access to industrial developments shall be from abutting arterial or collector streets, and shall be shared with adjacent properties to minimize multiple curb cuts. Access to individual lots from T.V. Highway shall be approved by ODOT with secondary access from adjacent collectors or minor local streets where possible. Except in the case of a multi-building complex, direct lot access to an arterial shall not be permitted, unless there is no viable alternative, and direct access to a local street shall only be allowed as permitted by the review body.
(2) The minimum public street width for industrial development shall comply with Chapter 5 of the adopted public works standards.
(3) Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum pavement width:
(a) Two-way traffic: 24 feet;
(b) One-way traffic: 20 feet.
(4) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5) Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC 18.150.070.
(C) Access Streets – Sidewalks – Drainage.
(1) All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2) All driveways for new construction shall have minimum pavement width of 24 feet and shall not be more than 45 feet in width at the curb, unless specifically approved by the review body to meet unusual requirements of a particular use. All new driveways shall have a minimum 20-foot-long asphalt or concrete apron, measured from the internal right-of-way line. Gates at the main access driveway shall be set back at least 20 feet from the internal right-of-way line.
(3) Cul-de-sacs shall serve no more than four separate uses and shall have a minimum turning radius of 50 feet measured to the front edge of the curb.
(4) Sidewalks and Improvements.
(a) For all new construction, curbs, gutters, and a minimum six-foot-wide sidewalk, with eight feet at a bus stop, shall be provided along the entire lot frontage, and shall meet ADA accessibility standards.
(b) Site design review Type II requests for remodels, alterations and/or additions to an existing building shall require a sidewalk, if one does not exist; the driveway apron and paved driveway shall be constructed to city standards. Commercial sidewalks shall be curb tight, unless otherwise approved by the review body.
(5) Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D) Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E) Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(F) Screening.
(1) Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting a residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and chain link fencing. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2) The reviewing body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a residential development.
(G) Parking and Loading Space.
(1) Off-Street Parking. Parking shall be provided as set forth in Chapter 18.145 CMC.
(2) Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3) Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. The parking area shall be screened with evergreen plant material maintained at a minimum of 36 inches in height. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, every 10 parking spaces. [Ord. 810, 2000; Code 2000 § 11.20.77; Ord. 841 Exh. 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2020-05 § 1 (Exh. A), 2020.]
18.55.080 Signs.
Signs within the M-1 zone may be allowed consistent with Chapter 18.175 CMC. [Ord. 810, 2000; Code 2000 § 11.20.78.]