INTERCHANGE DISTRICT ZONE
150.010 Purpose and Intent
150.020 Interchange District
150.030 Commercial Uses
150.040 Conditional Uses
150.050 Front Yard (Commercial)
150.060 Side and Rear Yards (Commercial)
150.070 Height (Commercial)
150.080 Landscaped Yards (Commercial)
150.090 Industrial Uses
150.095 Industrial Uses in Rural Service Centers
150.100 Front Yards (Industrial)
150.110 Rear and Side Yards (Industrial)
150.120 Height (Industrial)
150.130 Landscaped Yards (Industrial)
150.140 Industrial Performance Standards
150.150 General Requirements for All Uses
150.160 Approval Criteria for Conditional
150.010 PURPOSE AND INTENT. The purpose and intent of the Interchange District is to provide for the location of needed highway service commercial facilities at the interchanges between the controlled access highways and the intersecting arterial roads. To encourage the orderly and compatible development of such district to the end that the natural assets and scenic values of the Willamette Valley will not be lost to the traveler, the residents of the county, or the owners of the property within the Interchange District, well-landscaped sites and attractive buildings shall be encouraged. In providing for the location of the highway-oriented service firms, it is essential that the principle function of the interchange (the carrying of traffic to and from the freeway in a safe and expeditious manner) be preserved. Also, the purpose is to provide safe ingress and egress to the commercial developments through control of access points on the county throughways, arterial, streets and highways servicing the Interchange Districts.
The intent of this Interchange District Ordinance is to promote the health, safety and general welfare of the area and this ordinance is based on the following consideration, among others: the various characteristics of the various areas in the county, the suitability of the areas for particular land uses an improvements, the land uses and improvements in the areas, trends in lands improvements, density of development, property values, the needs of economic enterprises in the future development of the areas, needed access to particular sites in the area, natural resources of the county and prospective needs for development thereof, and the public need for healthful, safe, aesthetic surroundings and conditions. The uses within the ID zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987 (SIC).”
The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 110, the definition takes precedence over any SIC classification.
Furthermore, the Interchange District is intended to comply with Oregon Administrative Rules regarding unincorporated communities. That is, uses at those interchanges which satisfy the rule definition of a “Rural Service Center” or “Urban Unincorporated Community” shall be regulated by this chapter in conformity with OAR Chapter 660, Division 22.
150.020 INTERCHANGE DISTRICT. The boundaries of the ID zone are set forth in the Freeway Corridor zone maps, filed with and incorporated into the zoning maps.
150.030 COMMERCIAL USES. Within any Interchange District, no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged, except as permitted by this ordinance. The following uses are permitted in the ID zone.
(A) Service station, including gas, oil, lubricating, and minor repair (SIC 5541);
(B) Towing service;
(C) Traveler accommodations:
(1) Hotels and motels up to 35 units in an unincorporated community that is at least 10 miles from the urban growth boundary of any city adjacent to Interstate Highway 5;
(D) Eating place, including restaurant, cafe, coffee shop, dining room, drive-in, and tea room (SIC 5812);
(E) Recreational vehicle park (SIC 7033) in an unincorporated community;
(F) Vending machines, automatic merchandising;
(G) Automobile parking (SIC 7521) in an unincorporated community;
(H) General automotive repair shop (SIC 7538) in an unincorporated community;
(I) Outdoor advertising signs (billboards);
(J) Wireless communication facilities attached subject to the following development standards:
(1) Notwithstanding other height limitations in this ordinance, Omni-directional (whip) antennae not exceeding 20 feet in height and directional/parabolic antennae not exceeding 7 feet in diameter or width and 15 feet in height may be attached to or located on existing structures.
(2) Antenna and associated equipment shall be surfaced in a nonreflective color to match the structure on which it is located. An equipment enclosure may be setback from the edge of a roof by a distance at least equal to its height in lieu of screening.
(3) Equipment enclosures shall be located within the building on which it is located wherever possible, otherwise, equipment enclosures shall fenced by a 6 foot high fence, wall or hedge.
(4) Antennae shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration.
(5) A wireless communication facility attached and equipment enclosure shall be removed by the facility owner or property owner within 6 months of the date it ceases to be operational.
(K) Wireless communication facilities (See Limited Use, Section 125.120);
(L) Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000, in an unincorporated community.
150.040 CONDITIONAL USES. When authorized under the procedure provided for conditional uses in this ordinance, the following uses will be permitted in the Interchange District:
(A) Except in a designated unincorporated community:
(1) All permitted and conditional uses set forth in the C zone not exceeding 3,500 square feet of floor space.
(B) In an unincorporated community:
(1) Rural Service Center - Retail, wholesale, and service uses not listed in Section 150.030 and not exceeding 4,000 square feet of floor space (SIC 50 through 89 except 70 and 88);
(2) Urban Unincorporated Community (Brooks-Hopmere) - Retail, wholesale, and service uses not listed in Section 150.030 and not exceeding 8,000 square feet of floor space (SIC 50 through 89 except 70 and 88);
(3) Home occupations, subject to section 120.075.
150.050 FRONT YARD (COMMERCIAL). In an ID zone, there shall be a minimum front yard of 20 feet. No parking shall be allowed in the required minimum front yard.
150.060 SIDE AND REAR YARDS (COMMERCIAL).
(A) There shall be a side yard and a rear yard on every lot or parcel in an ID zone, which yards shall have a minimum depth as follows:
(1) One (1) story - 6 feet;
(2) Two (2) stories - 7 feet;
(3) Two and one-half (2 1/2) stories - 8 feet.
Provided there shall be added to the side yard and rear yard minimum requirements aforesaid, 1 foot for each multiple of 15 feet or portion thereof that the length of that side of the building measures over 30 feet. Notwithstanding Section 110.610, the rear yard in an ID zone shall be measured from the property line.
150.070 HEIGHT (COMMERCIAL). No building or structure hereafter erected or enlarged shall exceed 3 stories or 45 feet in height, whichever is the lesser.
150.080 LANDSCAPED YARDS (COMMERCIAL). All required yards shall be landscaped as provided in Section 150.150(B).
150.090 INDUSTRIAL USES. The following uses may be permitted in an Interchange District, except within an unincorporated community, after such uses have been approved under the procedures set forth in Section 119.010 through 119.080 (Conditional Uses):
(A) All industrial uses set forth in the I zone not exceeding 35,000 square feet of floor space.
(B) The approving authority shall consider the following factors when reviewing a proposed industrial use in an Interchange District:
(1) Accordance of the proposed use with the Marion County Comprehensive Plan.
(2) Accordance of the proposed use with Section 150.010.
(3) The short-range and long-term environmental impact of the proposed use upon the immediate and surrounding areas.
(4) The feasibility of substituting a zone change in the affected area.
150.095 INDUSTRIAL USES IN RURAL SERVICE CENTERS. The following uses are permitted in a Rural Service Center:
(A) Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000;
(B) Expansion of a use existing on November 15, 1994;
(C) Wireless communication facilities attached, subject to section 150.030(H);
(D) Wireless communication facilities subject to section 125.120;
(E) Utility facilities necessary for public service; and
(F) The following uses, when such uses have been approved by and under the procedures set forth in Section 119.010 through 119.080 (Conditional Uses), subject to the criteria in section 150.160:
(1) Manufacturing, processing, trucking, wholesale distribution, and storage uses (SIC 20 through 39 and 42) not otherwise listed in this section and not exceeding 40,000 square feet of floor space or 60,000 square feet of floor space in an urban unincorporated community;
(2) Caretaker dwelling.
150.100 FRONT YARD (INDUSTRIAL). There shall be a front yard on every lot in an Interchange District, which front yard shall have a minimum depth of 20 feet. Any front yard provided adjacent to a street shall not be used for off-street parking or loading areas, except ingress and egress lanes.
150.110 REAR AND SIDE YARDS (INDUSTRIAL). There shall be a rear and side yard on every lot in an Interchange District, which rear and side yard shall have a minimum depth of 10 feet. The minimum depth shall be increased 1 foot for each additional foot of building height above 10 feet, except a rear or side yard is not required adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet.
150.120 HEIGHT (INDUSTRIAL). In an Interchange District, no building or structure shall exceed 45 feet.
150.130 LANDSCAPED YARDS (INDUSTRIAL). All yards shall be landscaped as provided in section 150.150(B).
150.140 INDUSTRIAL PERFORMANCE STANDARDS. No land or structure shall be used or occupied unless maintained and operated in continuing compliance with all applicable standards adopted by the Oregon Department of Environmental Quality.
150.150 GENERAL REQUIREMENTS FOR ALL USES.
(A) Access. New and expanded uses shall obtain an access permit from Marion County Public Works or the Oregon Department of Transportation.
(B) Landscaping and Screening Requirements:
(1) There shall be provided a 10 foot landscaped yard adjacent to every street exclusive of driveways.
(2) All required side and rear yards shall be landscaped exclusive of driveways,
(3) Landscaping of yards shall be done as an integral part of the development.
(4) All rear and side yards adjacent to property used or zoned for residential purposes shall be contained by an ornamental sight-obscuring fence, wall or hedge 6 feet in height. If a hedge is used, it may be planted at the 3 foot level provided it is capable of attaining a height of at least 6 feet.
(C) Open Storage Yards. All yard areas, exclusive of those required to be landscaped, may be
used for materials and equipment storage yards or areas provided such yard area is enclosed with an ornamental, sight-obscuring fence or wall placed at a height of 6 feet or a compact evergreen hedge planted at 3 feet and capable of attaining a minimum of 6 feet; provided that, in no case, shall any fence or hedge be placed in vision clearance area (see Section 110.770). Any fence, wall or hedge shall be located on the property at the required setback line in the same manner as if said fence or wall were a building.
Open storage yards shall be placed or graveled and maintained in a dust fee condition.
(D) Loading and Parking Facilities. Every vehicle loading and parking area shall be clearly designated as such and paved as provided in Section 118.060 and 118.070.
Parking requirements shall be provided as set forth in Section 118.050.
(E) Utilities. All on-premise utility services shall be installed underground.
(F) Lights. Outdoor lighting is permitted provided all lights or group of lights used for the purpose of illuminating a structure, sign, storage yard or outdoor sales and parking area shall be directed away from a public street or highway and any adjacent residential structures.
(G) Removal Agreements. In the event that any landscaped yard, structure or sign is allowed to extend into the special setback, a removal agreement must be first signed by the property owner.
(H) Lot Area. No minimum lot area is required.
(I) Sewage Disposal. Demonstrate that the development will not exceed the existing carrying capacity of the local sewage disposal system or has an on-site sewage disposal site approved by Marion County or the Department of Environmental Quality.
(J) Traffic Analysis. Demonstrate that the development will be consistent with the identified function, capacity, and level of service of transportation facilities serving the site. A transportation impact analysis, approved by the Marion County Department of Public Works, may be required prior to building permit approval.
150.160 APPROVAL CRITERIA FOR CONDITIONAL USES. Any new use permitted in section 150.040 or 150.095 shall be allowed only upon demonstration of satisfaction of the following criteria:
(A) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;
(B) The proposed use will not, by itself or in combination with existing uses in the community, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;
(C) The proposed use will not, by itself or in combination with existing uses in the community, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;
(D) The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; and
(E) The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors.
(F) The proposed use is intended to directly serve the traveling public or trucking industry, or both.