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Ordinance No. 01-03
CITY OF TIGARD,OREGON ORDINANCE NO.01- 05 AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING AMENDMENTS TO TABLE 18.530.1 AND SECTION 18.330.050.B.5.B TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR DOG PARKS. WHEREAS,the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code;and WHEREAS, the City of Tigard Planning Commission held a public hearing on April 16, 2001, regarding the above listed amendments;and WHEREAS,the City's supply of land available for recreational uses is dwindling;and WHEREAS, the proposed standards restricting the location and duration of the recreation uses within the industrial zoning districts would ensure that the uses do not interfere with or overwhelm the industrial uses; and WHEREAS,dog parks attract people from outside the area who drive to the park;and WHEREAS,the City of Tigard Planning Commission voted unanimously to recommend Council adoption of the revised Code sections shown in Exhibit"A";and WHEREAS,the City Council held a public hearing on May 8,2001,to consider the amendments. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit"B"). SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By G(1CLft1rl)t)U5 vote of all Council members present after being read by number and titre only,this &b day of A ,2001. .U�t.l61,F Catherine Wheatley,City Recorder ORDINANCE No.01- Page 1 APPROVED.: By Tigard City Council this���day of �.,2001 �Mes E.Gri th, r Approved as to form: Attorney �/0 r Date ORDINANCE No.01-03 Page 2 EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R1 R1 Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation CNIO CNIO CNIO Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services RZ N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P TABLE 18.530.1(CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales w P P OTHER Agriculture/Ilorticult'are P' P' P' Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P' P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses,separately or in combination,may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 'Permitted if all activities,except employee and customer parking,are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use,no poultry or livestock,other than normal household pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798,Wireless Communication Facilities,for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. 'Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 10 Limited to outdoor Recreation on (1.) land clasciflgd as floodplain on City flood mans when the recreational use does not otherwise preclude future cut and fill as needed in order to develop aftining industrially zoned upland: and (2) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. .. ....... ... ....... 18.330.050B.5.b c. Any sign shall comply with the sign requirements,Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m.to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated;and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040;and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed;and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a doe park or off-leash area with a fenced area of one acre or more,alotg with an approved parking plan for anticipated peak use ods Off--site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces arc required for a dog park or off-leash area with a fenced area of less than one acre,along with an approved parking plan for anticipated peak use periods Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Tr. Agenda Item: Hearing Date: April 16 2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION OF TIGARD FOR THE CITY OF TIGARD,OREGON DevezopmefAt ShapUAW,a BeUw C SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS CASE NO.: Zone Ordinance Amendment(ZOA) ZOA2000-00005 PROPOSAL: The applicant requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as-a Conditional Use within specific overlay areas of the I-P, I-L, and 1-H zoning districts. APPLICANT: City of Tigard APPLICANT'S Duane Roberts REP: City of'Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: I-P, I-L, and I-H. LOCATION: All industrial zoning districts citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.530; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, 8, and 9. SECTION 11. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zane Ordinance Amendment to allow Recreational Uses within spech1.overlay areas of the I-P, I-L and 1-14.zoning districts. STAFF REPORT TO THE PLANNING COMMISSION 411&2001 PUBLIC HEARING ZOA2000-00005 PAGE 1 OF 7 SECTION ill. BACKGRf�UND INFORMATION The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: 1. land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and 2. land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. The net effect of the proposed amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for economic development and without overwhelming the industrial uses. SECTION IV. SUMMARY OF !APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.0606. Chapter 18.390.060E states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: P The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 —Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all owners of property with all industrial zones and notice was published in the Tigard Times Newspapper prior to the public hearings. Two Public Hearings are held (one before the Planning Commission and the second before the City Council)in which public input is welcome. Statewide Planning Goal 2--Land Use Planning: This goal outlines the land use planning process and policy,framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 4/16=1 PUBLIC HEARING ZOA2000.00005 PAGE 2 OF 7 Statewide Planning Goal 5 — ©pen Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government three choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code includes standards that preserve the floodplain and other environmentally constrained sites. The proposed zone ordinance amendment would not conflict with this goal or the City's implementation of it. The City's established standards for riparian and natural resource protection would apply in full to any proposed recreational uses within the floodplain and upland overlay zones. Statewide Planning Goal 5—Recreational Needs This goal requires the City to meet the recreational needs of residents of the community, State, and visitors. The proposed amendment meets this goal by making available for recreational uses, a limited amount of additional land within the City. In addition to City residents, the amendment would benefit the employees of Tigard-based businesses by making unused and unuseable land available for nearby recreational opportunities. Statewide Planning Goal 9—Economy This goal obligates the City to zone sufficient land for commercial and industrial uses and to limit uses to those that are compatible with the commercial and industrial uses. The proposed amendment places appropriate restrictions/standards on recreational uses in industrial zones to ensure compliance with Goal 9. The amendment includes standards that limits the location of the recreational uses to land (floodplain), which is unbuildable for industrial purposes, except that balanced cut and fill is allowed, and to projects on buildable land that are temporary in duration and do not otherwise preclude allowed uses or other Conditional Uses within the zoning district. Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider employment targets established for Tigard. Allowing a limited amount of recreation within (1.) environmentally constrained flood land, within which, except for balanced cut and fill, industrial development is prohibited, and (2.) vacant upland that will continue to remain available for conversion to industrial use as market conditions dictate, should not affect the City's ability to meet those targets. The proposed overlay standards restricting the location and duration of the recreational uses ensure that the uses do not interfere with or overwhelm the industrial uses. Title 3:Water quality and Flood Management This goal contains performance standards intended to protect against flooding and to protect and enhance streams, rivers, and wetlands. The areas subject to these requirements are depicted in maps adopted by Metro Council. Tigard is in the process of adopting standards that meet or exceed the Metro requirements. Any recreational uses proposed within the mapped areas would be required to fully comply with these and any future environmental standards. No special exception from environmental or any other code provision would be provided by the proposed amendment. STAFF REPORT TO THE PLANNING COMMISSION 4116=1 PUBLIC WEARING ZOA200040005 PAGE 3 OF 7 Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: In pertinentart, this policy states that all future legislative changes shall be consistent with the Statewidpe Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. In addition, two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the lv Citizen Invoement Team Facilitators shall serve as the primary means for citizen involvement in land use planning Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written and oral notices to explain the amendment in plain English. Comprehensive Plan Policy 3.5.1: This policy states that the City shall encourage private enterprise and intergovernmental agreements that provide for open space and recreation. This goal is implemented by the proposed amendment, because the amendment allows the owners of vacant industrial zoned land to make the land available for recreational uses during the period before the land is needed for industrial development. The amendment also furthers the goal by allowing industrial zoned floodplain to be used for recreational uses. This brings the industrial zones on par with the residential zones, where recreational uses currently are allowed on flood land as a Conditional Use. Comprehensive Plan Policy 3.6.1: Thispolicy states that individual park sites shall be developed according to a priority system, with larger-size parks receiving the highest priority and smaller sized parks the lowest. The present amendment does not affect the prioritization of park improvements. It merely increases opportunities for the establishment of park areas of all sizes sithin the City. As a practical matter, given the existing inventory of vacant industrial land, most potentially available sites, in terms of size, would fall into the neighborhood-level and below categories. The investment of park resources in any particular site is a policy decision made through the City's Capital Improvement Budget Process and guided by the park master plan and comprehensive plan policies. Comprehensive Plan Policy 3.6.2: This policy states that the City shall coordinate with other public and private organizations and affected property owners in order to facilitate the implementation of the City s adopted parks plans. The present amendment, in part, was initiated in response to citizen's effort to establish a "dog park" within an area zoned for light industrial use. The property in question is land owned b and designated for the future expansion of a major City industrial employer. Y 9 P STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000410005 PAGE 4 OF 7 The owner in question is willing to allow the dog park as a temporary use, because the roposed expansion of the enterprise is not scheduled to take place until approximately 011 and the dog park use will not interfere with the operation of the existing facility. The adopted Park System Master Plan identifies the need for three dog parks within the City and Urban Services Area combined. The case of the dog park is an example of how the amendment will facilitate public-private coordination in order to facilitate implementation of the parks master plan. Any applicable provision of the City's implementing ordinances. Code Sectionl8.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV procedure as detailed in the chapter. Code Section 18.530: The purpose of this chapter is to ensure that a full range of job and economic opportunities is available within the City. The present amendment does not in any way interfere with or limit job and economic opportunities within the City. The amendment improves the quality of life and business climate within the City by allowing recreational uses within certain overlay zones. These zones are conditioned specifically to avoid interfering with present and future industrial activities. Industrial Uses are prohibited with the floodplain, except for balanced cut and fill, and upland areas may be used for Recreation only until the land is needed for industrial development. SECTION V. STAFF ANALYSIS The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and 1-H zoning districts. The present request is to amend the Community Development Code to alio:%,outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment STAFF REPORT TO THE PLANNING COMMISSION 4118/2001 PUBLIC HEARING ZOA2000.00005 PAGE 5 OF 7 and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until such time as the property were needed by the lease holder for the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. A .cording to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be uved for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained)to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of inrlustrially designated land, but would continue to be available for conversion to industi.al use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some$40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time,the City's inventory of commercial and industrial land would not be threatened or overwhelmed by the recreational uses. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Public Works Department has had an opportunity to review this proposal and has offered the following comments: Public Works Division supports the proposed amendment to make additional land available for recreational purposes. The City of Tigard Dog Park Steering Committee has had an opportunity to review this proposal and has offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION 4/18/2001 PUBLIC HEARING ZOA200 MWS PAGE 6 OF 7 Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens Committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park" (off leash area) in Tigard. We have become acutely aware of the lack of available propert for such a site in Tigard. Additionally, the need for such a site (or two or three) in Tigard, has too become painfully apparent. The committee has currently selected two potential sites for further discussion and consideration. One of the sites is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in industrial property zones: Thank you for your time, Jeff Miller, Chair, Dog Park Task Force. Washington County Department of Land Use and Transportation, City of Tigard Current Planning Division, DLCD, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. April 3. 2001 — PREPARED BY( 96ane Roberts DATE Associate Planner r ? �� r . tt r J� April 3. 2001 APPROVED 83Y.,- Richard Bewe0d-60 DATE Planning Manager ATTACHMENT Exhibit A - Community Development Code Chapter 18.530,Table 18.530.1 STAFF REPORT TO THE PLANNING COMMISSION' N1812001 PUBLIC HEARING ZOA2000-0M PAGE 7 OF 7 EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation CNio CNto CNIO Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments RZ N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented RZ N N - Personal Services RZ N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P TABLE 18.530.1 (CON'T) i TSE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General lndustriuJ N P P Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R° P P OTHER Agriculture/Horticulture Ps Ps Ps Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R' P P Rail Lines/Utility Corridors P P P Other NA NA P' P=Permitted R=Restricted C=Conditional Use N=Not Permitted `A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 'Permitted if all activities,except employee and customer parking,are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use,no poultry or livestock,other than normal household pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798,Wireless Communication Facilities,for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. "Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.0.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. to Limited to outdoor Recreation on (1 ) land classified as floodplain on Cid flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland and (2 ) land located outside the floodplain as shown on City flood maps when the Recreation Use is temgora[y and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district.