Chapter 15.356
BYPASS INTERCHANGE (BI) OVERLAY
Sections:
15.356.020 Area of application of interchange overlay.
15.356.060 Repealed.
15.356.010 Purpose.
The purpose of the BI overlay is to:
A. Protect the planned function and capacity of the Newberg-Dundee bypass (“bypass”) as an “expressway” as defined in the 1999 Oregon Highway Plan by supporting ODOT’s efforts and responsibility to manage access to the state highway system in accordance with the OHP and OAR 734-51 and managing land uses in the vicinity of the East Newberg and Oregon 219 interchanges.
B. Support the Newberg comprehensive plan for urban lands surrounding the East Newberg and Oregon 219 interchanges to protect the planned function of the bypass and interchanges to serve primarily longer-distance statewide and regional through trips.
C. 1. To avoid development of commercial uses within planned industrial areas near the interchanges and ensure the long-term capacity for the through traffic function of the bypass, the BI overlay will prohibit certain uses that would otherwise be permitted outright or with conditional use approval in Newberg’s industrial districts (M-1, M-2, and M-3) within the bypass interchange overlay. The industrial commercial subdistrict of the M-4 district shall not be applied within the boundaries of the BI overlay.
2. The City will coordinate with ODOT, Yamhill County and affected property owners to develop an interchange area management plan for the East Newberg and Oregon 219 interchanges as a means to help protect the function and capacity of each interchange for at least a 20- to 25-year planning period. The IAMPs must be adopted by the Oregon Transportation Commission (OTC) before construction of the respective interchange, consistent with the requirements of the 1999 Oregon Highway Plan and OAR 734-051-0155(7). The bypass interchange overlay may be refined, revised or replaced when final IAMPs are prepared prior to their adoption by the OTC. [Ord. 2734 § 1 (Exh. B), 3-7-11; Ord. 2708 § 2, 12-1-08; Ord. 2602, 9-20-04. Code 2001 § 151.531.]
15.356.020 Area of application of interchange overlay.
A. The bypass interchange overlay shall apply to lands inside the city limits within the boundaries shown on Map VI (East Newberg Interchange) and Map VII (Oregon 219 Interchange).
B. The bypass interchange overlay applies in addition to the regulations of the underlying zoning district. All property within the bypass interchange overlay shall be subject to both the provisions of this section and to the underlying zoning district. Nothing in this section shall be construed as a waiver or suspension of the provisions of any underlying zoning district, or any other applicable overlay district.
C. The general boundaries of the bypass interchange overlay are shown on Map VI (East Newberg Interchange) and Map VII (Oregon 219 Interchange) and shall be delineated on a parcel-specific basis on the official zoning map. The width of the bypass corridor and interchanges shall be automatically narrowed to a smaller alignment-specific width as contained in the record of decision when it is issued for the Tier 2 environmental impact statement. [Ord. 2734 § 1 (Exh. B), 3-7-11; Ord. 2708 § 2, 12-1-08; Ord. 2602, 9-20-04. Code 2001 § 151.531.1.]
15.356.030 Permitted uses.
All uses of land and water that are permitted in the underlying zoning district(s) are also permitted in the bypass interchange overlay, with the exception of the special limitations on commercial uses in the industrial districts as outlined in NMC 15.356.050. [Ord. 2734 § 1 (Exh. B), 3-7-11; Ord. 2708 § 2, 12-1-08; Ord. 2602, 9-20-04. Code 2001 § 151.531.2.]
15.356.040 Conditional uses.
A. Uses of land and water that are listed as conditional uses in the underlying zoning district(s) may also be allowed in the bypass interchange overlay, with the exception of uses included in the list of prohibited uses in NMC 15.356.050.
B. Proposed conditional uses in the bypass interchange overlay are subject to the standard conditional use criteria and procedures of this code. [Ord. 2734 § 1 (Exh. B), 3-7-11; Ord. 2708 § 2, 12-1-08; Ord. 2602, 9-20-04. Code 2001 § 151.531.3.]
15.356.050 Prohibited uses.
A. Several commercial types of uses are permitted outright or with conditional use approval in Newberg’s industrial districts (M-1, M-2, and M‑3). The area within the Newberg UGB near the Oregon 219 Interchange is generally planned for industrial use. To protect the interchange area from commercial development, the following uses are prohibited within the M-1, M-2, and M-3 districts within the boundaries of the bypass interchange overlay:
1. Automobile sales, new and used.
2. Billboards.
3. Car washes.
4. Convenience grocery stores.
5. Restaurants larger than 2,000 square feet or with drive-up service windows.
6. Service stations.
7. Drive-in theaters.
8. Auction sales.
9. Bakeries, retail.
10. Building material sales.
11. Driving ranges.
12. Feed and seed stores.
13. Miniature golf courses.
14. Skating rinks.
15. Recreational marijuana processors, producers (indoor and outdoor), retailers, wholesalers, laboratories, and research certificates in the R-2 district.
16. Recreational marijuana retailers.
17. Medical marijuana dispensaries, processors, grow sites, and wholesalers in the AI district.
18. Medical marijuana dispensaries, processors, wholesalers, laboratories, and research certificates in the R-2 district.
B. The industrial commercial subdistrict of the M-4 district shall not be applied within the boundaries of the BI overlay. [Ord. 2820 § 1 (Exh. A § 3), 9-18-17; Ord. 2809 § 1 (Exh. A § 5), 9-19-16; Ord. 2801 § 1 (Exh. A § 6), 6-6-16; Ord. 2798 § 1 (Exh. A § 6), 4-4-16; Ord. 2734 § 1 (Exh. B), 3-7-11; Ord. 2708 § 2, 12-1-08; Ord. 2602, 9-20-04. Code 2001 § 151.531.4.]
15.356.060 Interim limitations on zone changes within bypass interchange overlay.
Repealed by Ord. 2708. [Ord. 2602, 9-20-04. Code 2001 § 151.531.5.]