(1) To implement the Comprehensive Plan.

(2) To comply with Chapters 92, 197, and 227 of the Oregon Revised Statutes.

(3) To promote the public health, safety, and welfare of the citizens of the City of Madras.

(4) To protect the character and values of land and buildings and economic stability of sound residential, business, and industrial districts and to enhance the quality of the desired environment in them by:

(5) To provide for additional growth and development in a manner appropriate to the character of the City and which will contribute to the economic stability of the City and strengthen the basis of its private and governmental economy.

(6) To assure that future development occurs in an orderly manner and is relatively compact to provide for economy and efficiency in public services and utilities and to protect the City from costs that may be incurred when unsuitable, scattered, or premature development occurs.

(7) To assure satisfactory physical relationships between districts of different use characteristics and among uses of various types, and to minimize conflicts among land uses.

(8) To minimize traffic hazards, traffic congestion, and the conflict between land uses and the movement of traffic.

(9) To preserve the City’s right to be attractive and pleasing in appearance, and to aid in the development of the City by assuring that development in areas of higher density or of commercial or industrial use and along appropriate routes of travel is neat, orderly, and attractive.

(10) To encourage well planned subdivision and partition development to the end that good, livable neighborhoods with all needed amenities and community facilities may be created.

(11) To encourage development in harmony with the natural environment and within resource carrying capacities.

(12) To safeguard the interests of the public, the applicant, and the future lot owner.

(13) To improve land records and boundary monumentation.

(14) To ensure equitable processing of subdivision plats and partitioning plans and accomplish to the greatest extent possible the goals and objectives of the Comprehensive Plan.

(15) To provide for orderly and efficient urban development and coordinate development with public facility and service plans and capabilities.

(16) To regulate the orientation of streets, lots, and parcels; the placement, height, and bulk of buildings; and the placement and growth of vegetation within the City. [Ord. 933 § 1.2, 2019.]

“Abandoned sign” means a sign that advertises or promotes services, activities, or a business that has not been available or has been closed for more than six months; or a damaged sign that has not been immediately removed pursuant to MDC 18.35.120(2).

“Access” means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave the private property.

“Accessible parking” means parking spaces designed for persons with mobility limitation. Accessible parking spaces must be at least 96 inches wide and must have an adjacent aisle a minimum of 60 inches wide.

“Accessory dwelling unit” means an attached or detached residential structure containing a single dwelling unit that is used in connection with or that is accessory to a single-family dwelling. Accessory dwelling units are subject to the residential accessory structure design standards in MDC 18.30.050.

“Accessory structure” means a structure that is incidental and subordinate to the primary use of a property and located on the same lot as the main use. Shipping containers or similar structures are not considered accessory structures and are not allowed within the City limits or urban growth boundary.

“Adult care complex” means multi-living unit(s) where the integral part of the facility is health and medical services provided by the operator either externally or internally by a State of Oregon Licensed health/medical provider and must have a separate area for a communal recreational facility and may have a separate area for a communal dining facility.

“Affected governmental body” means a city, county, state or federal agency or special district which either has a jurisdictional interest or is of such proximity to the land partition that a reasonable likelihood of annexation exists.

“Affected person” includes those owners of record of real property located within a minimum distance of 250 feet, exclusive of public streets and other rights-of-way, from the property which is subject to a permit required by this Development Code.

“Affordable housing” means housing that is affordable to households with incomes equal to or less than sixty percent (60%) of the then current median family income for Jefferson County.

“Agent” means any person authorized to represent or act on behalf of another person or entity.

“Airport” means a tract of leveled land where aircraft can take off and land, usually equipped with hard surfaced landing strips, a control tower, hangars, and accommodations for passengers and cargo.

“Aisle” means the traveled way by which vehicles enter, circulate, and depart development sites.

“Alley” means a public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. An alley can also be defined as a narrow way used primarily for vehicular service access to the back or side of properties abutting a street.

“Alteration” means any substantial change, addition, or modification in construction, appearance, function, use, or occupancy of a building, structure, sign, or land. Alteration does not include normal maintenance and repair or total demolition. Alteration does include, but is not limited to, the following:

For purposes of signs, any alteration to a sign or sign structure includes, but is not limited to, changes in area, height, projection, illumination, shape, materials, placement, and location on a site. Altering a sign does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, or exchanging the display panels of a sign. The replacement of a sign on an existing pole sign in the Downtown Commercial (C-2) zone with a sign for the same, a similar, or a related business shall not constitute an alteration.

“Ancillary” means uses or services that are subordinate to other uses or services within a structure.

“Applicant” means any person submitting an application for development.

Area.

“Arterial” means a restricted access street of substantial continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the City.

“Assisted living facility” means a residential facility that provides either apartments or rooms that provide a range of specialized services exclusively for elderly, persons with disabilities, and/or person requiring regular medical care. At a minimum, assisted living facilities must provide on-site nursing care, laundry, meals, activities, public restrooms and twenty-four (24) hour on-call care.

“Automobile/trailer sales area” means an open area other than a street used for the display, sale, or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold, or rented on the premises.

“Automobile wrecking yard” means premises used for the storage or sale of used automobile or truck parts or for the storage, dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof.

“Awning” consists of a covered shelter constructed of wood, canvas, cloth, or other flexible material attached to a building and projecting horizontally from the building. Awnings that meet applicable building codes are not considered a sign by this Development Code.

“Base flood” means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also known as the one hundred (100) year flood.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides. A story partly underground.

“Bed and breakfast” means accommodations plus breakfast on a daily or weekly basis in an operator- or owner-occupied dwelling that is primarily used for this purpose. This use operates as a commercial enterprise, encourages direct bookings from the public, and is intended to provide a major source of income to the proprietors.

“Bicycle route” means a right-of-way for bicycle traffic.

“Billboard” is a sign that is not at the location of a business or an activity open to the public or for which compensation or anything of value is given or received for the display of the sign or for the right to place the sign on another’s property as more specifically defined in rules promulgated by the Oregon Department of Transportation.

“Block” means all of the property bounded by streets, rights-of-way (pedestrian or vehicle ways), water features, or any combination thereof, but is not divided or separated in any way by streets or water features.

“Block length” means the length of one side of a block (i.e., the distance between streets on opposite sides of the block).

“Block perimeter” means the distance to travel once completely around the block, ending at the starting point.

“Boarding house” means a building or portion thereof, other than a hotel, where meals or lodging or both are provided for compensation for more than four persons, but not to exceed twenty (20) persons.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

“Building” means a structure which is designated and suitable for the habitation or shelter of human beings or animals or the shelter or storage of property or for the use and occupation for some purpose of trade or manufacture.

“Building Official” means the Jefferson County Building Official or his/her designee.

“Building site, average width” means that figure obtained by dividing the total area of the parcel of land by the maximum depth of such parcel measured in the general direction of side lines.

“Business” shall mean all of the activities carried on by one or more entities on a particular property and shall include, but not be limited to: service, commercial, and industrial uses, public bodies, and fraternal, benevolent, education, and social organizations.

“Business complex” shall mean one or more tenants as occupants of one or more properties that are operated in a coordinated fashion. In a business complex, “tenants” means, but is not limited to, retail shops, executive or administrative services, including medical clinics and accessory pharmacies, professional offices, and personal service establishments that perform services or conduct trade on the premises, and similar uses.

“Carrying capacity” means level of use which can be accommodated and continued without irreversible impairment of natural resources productivity, the ecosystem, and the quality of air, land, and water resources.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes.

“Change of use” shall mean a change in the essential character or nature of the activity conducted on the site, as evidenced by:

“Church” means a building for individuals to practice common religious beliefs. Examples include churches, synagogues, and mosques and accessory uses including, but not limited to, religious instruction and emergency shelters.

“City” means City of Madras.

“City Administrator” means the person appointed by the City Council to serve as the chief administrative officer of the City or his/her designee.

“City Attorney” means the person appointed by the City Council to provide legal representation to the City or his/her designee.

“City Council” means Madras City Council.

“City Engineer” means the person serving as the City’s primary engineer or his/her designee.

“City limits” means the jurisdictional boundaries of the City as they presently exist or as they may be reconfigured in the future.

“Clinic, animal” means a business establishment in which veterinary services are rendered domestic pets and stock on an outpatient basis.

“Clinic, medical or dental” means single or multiple offices for physicians, surgeons, dentists, therapists, chiropractors, osteopaths or other medical practitioners.

“Collector” means a restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterials and local streets.

“Commercial” means the purchase, sale, or other transaction involving the handling or disposition, other than as included in the term “industrial” as defined herein, of any article, substance, or commodity for livelihood or profit, including shops for the sale of personal services including professional services, and places where commodities, services, or merchandise is sold or agreements are made to furnish them.

“Commercial amusement establishment” means any place where entertainment or amusement is provided, where the public on a commercial basis may observe or join in the activities.

“Commercial storage facility” means a facility divided into separate units or spaces used to meet the storage needs of persons and businesses, which may include areas designed for outdoor storage subject to the provisions of MDC 18.30.180.

“Common courtyard” means a common area for use by residents of a cottage cluster. A common courtyard may function as a community yard. Hard and soft landscape features may be included in a common courtyard, such as pedestrian paths, lawn, groundcover, trees, shrubs, patios, benches, or gazebos.

“Communications facility” means any structure or facility that transmits radio or television signals including, but not limited to, antennas, dish antennas, microwave antennas, and other types of equipment for the transmission of such signals, including communication towers, monopoles, and similar supporting structures, equipment cabinets or buildings, parking areas, and other accessory development. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s rules, whip or other similar antennas no taller than six feet with a maximum diameter of two inches, antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers or TV broadcast stations, and military, federal, state, and local government communications facilities, except for communication towers.

“Communication tower” means any mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support one or more communication facilities. Communication tower does not include structures where a communication facility is a secondary purpose for the structure such as a telephone pole, commercial building, stop light, street light, or water tower.

“Community Development Department” means the City’s Community Development Department or other office responsible for managing development within the City.

“Community Development Director” means the chief administrative officer of the Community Development Department or his/her designee.

“Comprehensive Plan” means the then current Comprehensive Plan adopted by the City of Madras as may from time to time be amended.

“Condominiums” means a type of residential development utilizing zero-lot lines, individual ownership of units, and common ownership of open spaces and other facilities, and which are regulated in part by state law (ORS 91.010 and ORS 91.657). Condominiums shall be reviewed in the same manner as either a duplex, multifamily dwelling, multifamily complex, or as a planned unit development; provided, however, any development involving four acres or more shall be reviewed as a planned unit development.

“Conforming” means in compliance with the regulations of the applicable zone designation.

“Contiguous land” means two or more parcels or units of land, including water, under a single ownership, which are not separated by an intervening parcel of land under a separate ownership; including limited access right-of-way which would deny access between the two parcels under single ownership.

“Cooking facilities” means facilities for the preparation and refrigerated storage of food, which at a minimum shall include a refrigerator and a stove/oven (i.e., more than just a microwave or hot plate).

“Cornice” means the horizontal projecting part crowning the wall of a building.

“County” means Jefferson County, Oregon.

“Crawlspace” means space between the first floor and the surface of the ground (not basement); space is high enough to crawl through for repairs and installation of utilities.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

“Cul-de-sac” means a short street having one end open to traffic and terminated by a vehicle turnaround.

“Day care facility” means any facility that provides day care to children, including a child day care center, group day care home, home of a family day care provider, including those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, child development center, except for those facilities excluded by law. This term applies to the total day care operation. It includes the physical setting, equipment, staff, provider, program, and care of children.

“Decision maker” is a generic reference to the person or hearings body charged with making a decision on a land use approval or planning review. In general, the hierarchy of decision makers from lowest to highest is Community Development Director, Planning Commission, and City Council, but also shall refer to a Hearings Officer where applicable. References to a lower or higher decision maker refers to the decision maker’s position in the hierarchy of decision makers. Notwithstanding anything herein to the contrary, the City Council, by resolution, may from time to time assume the role of the Planning Commission, perform any function of the Planning Commission, and/or exempt applications from procedural requirements involving action by the Planning Commission.

“Density” means the permitted number of dwelling units per gross acre of land to be developed.

“Design and construction standards” means the public improvement design and construction standards adopted by Ordinance No. 848 and any amendment thereof or any successor document. In the event of any conflict between the standards for public improvements set forth in this Development Code and the design and construction standards, the design and construction standards shall control.

“Design Review Standards” means the standards set forth for design review in MDC 18.40.030.

“Developer” means the legal or beneficial owner or owners of a lot or any land included in a proposed development. The holder of an option or contract to purchase, or any other person having enforcement proprietary interest in such land, as well as any person, corporation, partnership, or other legal entity who creates or proposes to create a land development; includes any agent of a developer.

“Development” means any manmade change to improved or unimproved real estate, or any activities in support of such changes or improvements, including, but not limited to, land divisions, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. As the context may require, “development” shall also refer to a specific project or proposal that is the subject of an application. A development may occur on one or more units of land.

“Directory sign” means a sign that indicates the name and/or address of the occupant, the address of the premises, and/or identification of any legal business or occupation which may exist at the premises.

“Dormer” means a window set vertically in a gable projecting from a sloping roof.

“Drainage easement” means an easement required for drainage ditches or required along a natural stream for the flow of water therein, and to safeguard the public against flood damage or the accumulation of surface water.

“Drive-through/drive-in facility” means an establishment dispensing food and/or drink and catering to customers who remain, leave, or return to their automobile for consumption of said food or drink on the premises.

“Dwelling” means a building or part thereof designed for and/or used for residential occupancy and containing one or more dwelling units.

“Easement” means a grant of the right to use a parcel of land or portion thereof for specific purposes where ownership of the land or portion thereof is not transferred.

“Emergency shelter” means a facility providing short-term (nonpermanent) transitional housing and shelter for the homeless or victims of domestic abuse when a crisis occurs and immediate shelter is needed. Services within emergency shelters may be provided, including, but not limited to, accommodations, meals, toilet/bathing facilities, clothing/laundry facilities, case management services, and information on or referral to other community resources.

“Facade” means the portion of any exterior elevation on the building extending from grade to the top of the parapet, wall, or eaves and extending the entire length of the building.

“Finance Department” means the City’s Finance Department or other office responsible for administering the City’s finances.

“Finance Director” means the chief administrative officer of the City’s Finance Department or his/her designee.

“Fire Marshal” means the Jefferson County Fire Marshal or his/her designee.

“Flag lot” means a lot located behind or around a front lot except for a narrow portion extending to the public street which is suitable for vehicular, bicycle and pedestrian access. The “pole” of a flag lot is the access corridor to the buildable portion, which is the “flag” of a flag lot.

“Flood” means an overflow of water onto lands not normally covered by water.

“Flood hazard area” means areas designated on Flood Insurance Rate Maps or National Flood Insurance Program Maps as “special flood hazard areas” or areas where National Flood Insurance Program floodplain management regulations must be enforced and areas where mandatory purchase of flood insurance applies.

“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the City.

“Flood insurance Study” means the official report provided by the National Flood Insurance Program that includes flood profiles, maps, and other data tables.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Floor area” means the sum of the gross horizontal areas of the floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:

“Flush-mounted sign” means a sign attached or painted directly onto the exterior surface of a building and does not project outward from the wall or surface of the building more than one inch.

“Freestanding sign” is a sign supported by one or more uprights or braces in the ground and detached from any building or structure. Freestanding signs include, but are not limited to, monument signs and pole signs.

“Frontage” means all property fronting on one side of a street and measured along the street line, between intersecting streets or between a street and a right-of-way, waterway, end of a dead-end, or City boundary.

“Gable” means a triangular wall section at the end of a pitched roof, bounded by the two roof slopes.

“Garage” means an accessory building or portion of a main building used for the parking or storage of vehicles or other personal property owned or used by occupants of the main building. Garages are not to be used as a bedroom or similar habitable space.

“Grade” means the slope of a street, or other public way, specified in percentage (%) terms.

“Greenhouse” means a permanent structure that is constructed primarily of glass, glasslike or translucent material which is devoted to the protection, propagation, and/or cultivation of crops, ornamentals, or other seeds/plants. Greenhouses may or may not have a permanent foundation. Greenhouses may or may not have heat, water, drainage, electricity, and ventilation. Greenhouses are constructed pursuant to a building permit.

“Ground level” means the average height of the finished ground level at the center of all walls of a building. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be figured at the sidewalk.

“Group day care or home” means a day care facility located in a building constructed as a single-family dwelling that is certified to care for no more than twelve (12) children at any given time.

“Guest house” means a detached building used as sleeping quarters for guests of the occupants of the main dwelling on a noncommercial basis and having no cooking facilities.

“Health services” means clinically related diagnostic, treatment, or rehabilitative services, or medical services, medical laboratories, outpatient care facilities, and/or including State of Oregon licensed professionals who are operating facilities engaged solely in medical and health care services to people, including, but not limited to, medical, dental, orthodontic, cosmetic (plastic) surgery, chiropractic, naturopathic, specialized medical, physical therapy, and/or includes alcohol, drug, or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis.

“Hearings Officer” means a planning and zoning Hearings Officer appointed or designated by the City Council pursuant to ORS 227.165 or in the absence of such appointed Hearings Officer, the Planning Commission.

“Height of building” means the vertical distance from the “grade” to the highest point of the coping of a flat roof or to a deck line of a mansard roof, or to the average height of the highest gable of a pitched or hip roof.

“Home occupation” means the lawful occupation conducted in the dwelling or accessory structure by the property owner(s) or person(s) residing in the dwelling.

“Hoop house” means a temporary or permanent structure typically made of, but not limited to, piping or similar lightweight materials and covered with translucent material (other than glass) for the purpose of protection, propagation, and/or cultivation of crops, ornamentals, or other seeds/plants. Hoop houses typically cover plants grown in the ground, raised beds or containers. Hoop houses may or may not have heat, water, drainage, electricity, and ventilation.

“Hospice” means a coordinated program of home and/or inpatient care, available twenty-four (24) hours a day, that provides palliative and supportive services to a patient experiencing a life-threatening condition with a limited prognosis. A hospice may also include supportive services for the patient’s family members including without limitation counseling, religious services, and temporary housing.

“Hospital” means a facility with an organized medical staff, with permanent facilities, that includes inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for, but not limited to, acutely ill patients and accident victims, to provide treatment for the mentally ill, or to provide treatment in special inpatient care facilities.

“Hotel” means a building or portion thereof designed for and/or used for transient occupancy (less than thirty (30) consecutive days of occupancy) who are lodged with or without meals in exchange for compensation. Individual hotel rooms may have cooking facilities, but are not required.

“Impervious surface” means a surface that has been compacted or covered with a layer of material such that it is highly resistant to infiltration by water.

“Improvements” include, but are not limited to, streets, alleys, curbs, roadbeds, road surfaces, storm drains and appurtenances, sidewalks, street lights, street signs, fire hydrants, sanitary sewers and appurtenances, public water supply and water distribution systems, and other utilities.

“Industrial” means the manufacturing, processing, production, compounding, packaging, or assembling of products for sale, which does or does not require or create emissions or discharges other than normal sanitary sewage wastes or the storage of materials which require permits to be issued by the Oregon State Department of Environmental Quality.

“Industrial hemp” means all nonseed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis. Any Cannabis seed: (a) that is part of a crop; (b) that is retained by a grower for future planting; (c) that is agricultural hemp seed; (d) that is for processing into or for use as agricultural hemp seed; or (e) that has been processed in a manner or to an extent that the Cannabis seed is incapable of germination. Production of industrial hemp generally refers to cultivating seeds and/or plants for industrial hemp and industrial hemp processing generally refers to converting raw industrial hemp into an industrial hemp product.

“Interested person” means any person appearing on record or presenting written evidence at a hearing.

“Junk” means scrap, thrown away or discarded as useless.

“Junkyard” means a lot that is used to store junk, including, but not limited to, scrap metal or old car parts that can be resold.

“Kennel” means a shelter in which four or more dogs or cats, at least four months of age, are kept commercially for board, propagation, training, or sale.

“Land division” means either a partition or a subdivision.

“Land use approval” includes any approval of a proposed development of land under the applicable standards in this Development Code involving the exercise of significant discretion in applying those standards. By way of illustration, “land use approval” includes review of the following applications: conditional use, variance, partition, master development plan, site plan, modification of approval, and subdivision.

“Land use permit” includes any approval of a proposed development of land under the standards in the City land development and Development Codes involving the exercise of significant discretion in applying those standards. By way of illustration, “land use permit” includes review of the following applications: conditional use, variance, partition, master development plan, exceptions, site plan, modification of condition, and subdivision.

“Landscaping” means to adorn or improve a section of ground by contouring the land and planting a combination of flowers, shrubs, grasses, trees, and groundcovers.

“Landscaping standards” means the standards for landscaping set forth in MDC 18.25.170.

“Large lot industrial” means a zoning district reserved for traded sector uses.

“Large-scale building” means any structure in excess of 30,000 gross square feet of enclosed area.

“Livestock” means domestic animals such as cattle, horses, goats, chickens, fowl, rabbits, pigs, llamas, or sheep, which are raised for home use or for profit outside of the City limits.

“Loading space” means an off-street space within a building or on the same lot with a building, for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials, and which space has access to a street or alley.

“Local street circulation plan” means a plan that shows the proposed location for future streets within a development site, subdivision, or neighborhood.

“Lot” means a lawfully created unit of land whether a lot, parcel, or land patent.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided that such enclosure is not built to render the structure in violation of the applicable nonelevation design requirements of this Development Code.

“Manufactured home” or “manufactured dwelling” means a structure transportable in one or more sections, built on a permanent chassis, designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, and electrical systems therein. This definition includes modular homes, mobile homes, residential trailers.

“Manufactured home park or manufactured dwelling park” means any privately owned place where four or more manufactured homes used for human occupancy are parked within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is the rental of spaces.

“Manufacturing” means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquids.

“Manufacturing, light” means manufacturing within a completely enclosed space that has little to no off-site impacts such as noise, dust, vibration, smells, or visible emissions, and only involves small quantities of hazardous materials. Also includes the incidental indoor storage, sales, and distribution of products manufactured on site. Examples include agricultural processing, except for live animal processing, food and catering services, breweries, distilleries and wineries, woodworking and cabinet makers, metal fabrication, motor machinery, electronics, marine and aviation products, etc.

“Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. “Marijuana” does not include industrial hemp.

“Marijuana business” means any establishment operated by any person or entity who is or must be appropriately licensed by the Oregon Health Authority or the Oregon Liquor Control Commission which sells, produces, cultivates, grows, wholesales, processes, researches, develops, or tests any form of marijuana or marijuana derivatives including, but not limited to, marijuana production facilities, marijuana processing facilities, marijuana testing laboratories, medical marijuana dispensaries, marijuana wholesalers, and marijuana retailers.

“Marijuana processing facility” means any establishment in, or premises on, which a person or entity required to be licensed under ORS 475B.090 or 475B.435 operates.

“Marijuana production facility” means any establishment in, or premises on, which a person or entity required to be licensed under ORS 475B.070 or ORS 475B.420 operates.

“Marijuana products” includes marijuana and any item, good, or product made from or including marijuana.

“Marijuana retailer” means any establishment in, or premises on, which a person or entity required to be licensed under ORS 475B.110 operates.

“Marijuana testing laboratory” means a facility that conducts testing of marijuana products as required by ORS 475B.555 and is required to be licensed under ORS 475B.560.

“Marijuana wholesaler” means any establishment in, or premises on, which a person or entity required to be licensed under ORS 475B.100 operates.

Maximum Density. Maximum housing densities are calculated based on gross acreage (i.e., including areas to be dedicated for rights-of-way, utility easements, etc., but excluding areas dedicated for public parks, portions of the site with slopes in excess of twenty-five percent (25%), and portions of the site within the flood hazard area) of the subject property with fractional units rounded down to the next whole unit.

“Medical marijuana dispensary” means any structure or use of property subject to registration through the Oregon Health Authority under ORS 475.300 through 475.346, as may be amended from time to time, involving the sale, distribution, transmittal, gift, dispensing, and/or otherwise providing medical marijuana or medical marijuana products to medical marijuana qualifying patients, excluding the wholesaling or production of medical marijuana or medical marijuana products.

“Medical-related office” means an office with functions such as consulting, record keeping, clerical work, and sales related directly to hospitals and clinics.

“Medical-related uses” means medical schools and associated dormitories, medical conference centers, medical appliance sales, or pharmacies.

“Microcell” means a communications facility used with (a) an antenna 24 inches in length, 15 inches in width, and 12 inches in height; and (b) any exterior antenna is no longer than 11 inches. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s rules, whip or other similar antennas no taller than six feet with a maximum diameter of two inches, antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers or TV broadcast stations, and military, federal, state, and local government communications facilities, except for communication towers.

Minimum Density. Minimum housing densities are calculated based on gross acreage (i.e., including areas to be dedicated for rights-of-way, utility easements, etc., but excluding areas dedicated for public parks, portions of the site with slopes in excess of twenty-five percent (25%), and portions of the site within the flood hazard area) of the subject property with fractional units rounded up to the next whole unit.

“Mixed-use” means a building or development that contains a mix of use categories (i.e., residential, commercial, institutional, etc.). Mixed-use can be either “vertically,” meaning that uses are developed above other uses, or mixed “horizontally,” meaning different uses both occupy ground-floor space or different buildings in the development.

“Mixed-use employment (MUE)” means a zoning district that is intended to provide opportunities for the development of a variety of employment uses, including business and office parks, light manufacturing/assembly, wholesale trade and show rooms, warehouse/distribution, retail goods and services, and other commercial and light industrial uses that are common in mixed-use employment districts.

“Mixed-use medical” means the collocation of one or more uses allowed within the Medical Overlay in the same building or on the same parcel. Mixed-use medical may include residential uses other than an assisted living facility, residences for temporary occupancy, residential home, or residential care facility provided such residential uses do not occupy more than twenty-five percent (25%) of the gross square footage of the mixed-use medical development.

“Mixed-use residential” means a mixed-use building or development that contains residential as one of the use categories.

“Modification of application” means the applicant’s submittal of new information after an application has been deemed complete and prior to the close of the record on a pending application that would modify a development proposal by changing one or more of the following components: proposed uses, operating characteristics, intensity, scale, site layout (including, but not limited to, changes in setbacks, access points, building design, size or orientation, parking, traffic or pedestrian circulation plans), or landscaping in a manner that requires the application of new criteria to the proposal or that would require the findings of fact to be changed. It does not mean an applicant’s submission of new evidence that merely clarifies or supports the pending application.

“Monument sign” means a low-profile freestanding sign that has a solid base at ground level that is equal to or greater than the width of the sign face, and which has no separation between the base and sign. A monument sign must not exceed eight feet in height from ground level, including the base.

Motel. See definition for “Hotel.”

“Needed housing” has the meaning assigned to such term in ORS 197.303(1). “Needed housing on a discretionary track” refers to a needed housing project that is not subject to clear and objective standards pursuant to ORS 197.303(6).

“Neighborhood commercial” means limited commercial activities primarily for the convenience of the surrounding residential neighborhood.

“New construction” means structures for which the “start of construction” commenced on or after July 11, 1989.

“Nonconforming sign” means a sign that was lawful when it was constructed but does not meet the current requirements of this Development Code. For purposes of evaluating nonconformity, the applicable date shall be the date a permit is issued, or if no permit is required, then the date a completed sign was erected.

“Nonconforming structure or use” means a lawful existing structure or use at the time this Development Code or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

“Nonresidential property or zone” means properties designated as anything other than R-1, R-2, or R-3 on the City’s Comprehensive Plan and Zoning Map as may be amended from time to time and also including properties engaged in residential uses, but not within a residential zone.

“Nuisance ordinance” means Ordinance No. 875 (Chapter 8.15 MMC) as may be amended from time to time and any successor or replacement ordinance.

“Off-premises sign” is a permanent sign, other than a billboard, that contains a message unrelated to the business, profession, services, or activities conducted upon or adjacent to the premises on which the sign is located or adjacent premises.

“Open space” (ORS 197.435(4)) means any land that is retained in a substantially natural condition or is improved for recreational uses such as golf courses, hiking or nature trails, or equestrian or bicycle paths, or is specifically required to be protected by a conservation easement. Open spaces may include ponds, lands protected as important natural features, lands preserved for farm or forest use, and lands used as buffers. Open space does not include residential lots or yards, streets, or parking areas.

“Outdoor lighting standards” means the standards for outdoor lighting, including that for signage, set forth in MDC 18.25.160.

“Owner” means the owner of record or his/her authorized agent or representative having legal authority to use, transfer, or lease land.

“Parapet” means the portion of a wall that extends above the roof.

“Parking facility” means a standalone facility used for the short-term parking of automobiles whether or not a fee is charged. Parking areas affiliated with a primary use (e.g., a store, office, or apartment building) are not considered parking facilities.

“Partition” means the division of a lot of record into three or fewer lots of record in a calendar year.

“Place of public assembly” means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation, or similar activity.

“Planned unit development” means the development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the regulations otherwise required by this Development Code.

“Planning Commission” means the City’s Planning Commission made up of seven individuals who reside inside the City limits and within the urban growth boundary.

“Planning review” means any type of approval or review conducted by the City, other than a land use approval, which an applicant might seek under this Development Code.

“Pole sign” means a sign that is mounted on a freestanding pole(s) or other support so that the bottom edge of the sign face is clearly visible above grade.

“Primary (principal) use” means the first use to which property is or may be devoted, and to which all other uses on the premises are derived as accessory or secondary uses. As used relative to dwelling units, the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot.

“Principal sign” means the primary permanent sign designed to identify or advertise a business, services, or facility located upon the property to motorists or pedestrians approaching the property. A “principal sign” is limited to a combination, freestanding, flush, or projecting sign.

“Private park” means a property utilized for active or passive recreation that is owned and operated by a private entity.

“Projecting sign” is a sign other than a flush-mounted sign which projects beyond the building face to which it is attached.

“Provider” means the person in a group day care home who is responsible for the children in care and in whose name the certificate is issued.

“Public body” means any state, federal, county, or city agency, department, division, bureau, board, and commission; any school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency or entity.

“Public facility” means a building, structure, or other improvement owned or operated by a public entity.

“Public Improvement Standards” means the applicable standards in Chapter 18.20 MDC.

“Public park” means a property utilized for active or passive recreation that is owned and operated by a public entity which provides for the recreational needs of the citizens of Madras.

“Public property” means real property owned or controlled by any public body, including public rights-of-way.

“Public use” means maintained and/or used by the people or community. Participated in or attended by the people or community.

“Public utility” means an organization supplying water, gas, communication, and/or electricity to the community.

“Public Works Department” means the City’s Public Works Department or other office responsible for administering the City’s streets, sewers, and/or water systems.

“Public Works Director” means the chief administrative officer of the City’s Public Works Department or his/her designee.

“Recreational vehicle (RV)” means a vehicle which is:

“Recreational vehicle (RV) park” means a parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles, tents, or other camping facilities, as temporary living quarters for recreation or vacation purposes.

“Replat” means the act of platting the lots, parcels, and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

“Residences for temporary occupancy” means residences that are used on a temporary basis for the length of stay of a patient in the hospital by the patient’s family or guardians.

“Residential care facility” means a residential care, residential training, or residential treatment facility licensed or registered by or under the authority of ORS 443.400 through 443.460, or licensed under ORS 418.205 through 418.327, which provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen (15) individuals who need not be related. Staff persons required to meet licensing requirements of the State of Oregon are not counted in the number of facility residents and need not be related to each other or to any resident of the residential facility. This term also includes domestic violence shelters with the same limitations on the number of residents.

“Residential home facility” means a residential treatment or training or an adult foster home licensed by or under the authority of the ORS 443.440 through 443.825, which provides residential care along or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements of the State of Oregon are not counted in the number of facility residents and need not be related to each other or to any resident of the residential facility. This term also includes domestic violence shelters with the same limitations on the number of residents.

“Residential property, or zone” means properties designated as R-1, R-2, or R-3 on the City’s Comprehensive Plan and Zoning Map as may be amended from time to time. Residential zone does not include properties in residential use in other zones or other zones in which residential uses are permitted.

“Residential sign” means a sign erected in a residential zone that is less than four square feet in sign area and is not illuminated.

“Residential use” means a structure or use for nontransient occupancy as a dwelling such as single-unit detached dwellings, one to four units, townhouses, multi-unit developments, apartments, boarding, lodging, or rooming houses, manufactured homes, and labor camps.

“Right-of-way” means the area between the boundary lines of a street, road, or other easement.

“Road or street” means a public or private way that is created to provide ingress or egress for persons to one or more lots.

“Roadway” means that portion of a street or road right-of-way developed for vehicular traffic.

“Roof sign” means a sign mounted on the roof of a building.

“Safe Routes to School Plan” means the City’s Safe Routes to School Plan adopted as part of the Comprehensive Plan as may be amended from time to time.

“Satellite receiving antenna” means a combination of: (1) a device or structure used for receiving television, telecommunication, or microwave signals transmitted from satellites on earth-based transmitters; and (2) an amplifier, which is situated at the focal point of the receiving components and whose purpose is to magnify and transfer signals.

“School” means a place for teaching, demonstration, or learning. However, unless otherwise qualified, the word “school” means a place for primarily academic instruction equivalent to what is commonly known as kindergarten, grade school, junior high school, high school, college, or a combination of them.

“Seasonal” means dependent upon or occurring during one of the four seasons (spring, summer, fall, and winter) of the year, which does not exceed three months duration.

“Semi-public use” means a structure or use intended or used for a semi-public purpose by a church, lodge, club, or any other nonprofit organization.

“Service station” means a business where fuel for motor vehicles is sold and can include repair of vehicles.

“Setback” means the minimum allowable horizontal distance from a given point or line of reference, a property line unless otherwise stated, to the nearest vertical wall or other element of a building or structure as defined herein. Where a public access easement abuts the street in lieu of right-of-way, the interior easement line become an assumed property boundary for the purposes of setbacks. Architectural features (e.g., cornices, eaves, canopies, sunshades, gutters, chimneys, and flues) must not project more than 24 inches into a required setback.

“Side yard height plane” means a plane that limits the building height along side lot lines. Structures on the site must remain underneath the height plane. The height plane applies along side lot lines and is not applicable to front, rear, or street side lot lines. The starting point of the side yard height plane is horizontally offset from the side lot line by the required side yard depth, and set at specified vertical distance above the grade at the depth of required side yard. From the starting point, the side yard height plane slopes up at a specified angle until it reaches the maximum allowed building height or intersects with the side yard height plane from an opposite side of the lot.

“Sidewalk signs” means temporary signs located on public right-of-way and adjacent to commercial uses in the C-1, C-2, and C-3 districts that comply with applicable standards in this Development Code.

“Sign” means an outdoor sign, display, message, emblem, device, figure, poster, billboard, or other thing that is used, designed, or intended for advertising purposes or to inform or attract the attention of the public. The term includes the sign supporting structure, display surface, and all other component parts of the sign. When dimensions of the sign are specified, the term includes all portions or sides of the sign within the specified dimension or area. “Sign” does not include signage as reasonably necessary or required by any public body pursuant to any public law or regulation.

“Sign area” includes the area within the outermost perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character, and lighted surface, but excluding essential sign structure, foundations, or supports. Where a sign is of a three-dimensional (3-D), round, or irregular solid shape, the largest cross-section shall be used in a flat projection for the purpose of determining sign area. When signs are constructed in multiple separate pieces, the sign area is calculated by measuring the sign face of all the pieces once assembled. Structural supports bearing no sign copy shall not be included in the sign area. However, if any portion of the required structural supports becomes enclosed for decorative or architectural purposes, that portion will be included in the sign area.

“Sign face” means the surface upon, against, or through which the sign copy or message is displayed or illustrated.

“Sign height” means the height of a sign as measured from the average level of the grade below the sign to the topmost point of the sign, including any supporting structure.

“Sign structure” means any structure, or any portion of any structure, which is intended, designed, or used to display a sign.

“Sight obscuring” means a fence or planting arranged in such a way as to obscure vision.

“Site Plan Committee” means the Site Plan Committee as described in MDC 18.40.020(2).

“Small cell” means a communications facility used with an antenna no longer than six feet in length and no more than six cubic feet in volume with associated equipment being no greater than 28 cubic feet in volume. This definition does not apply to amateur radio stations as defined by the Federal Communications Commission, Part 97 of the Commission’s rules, whip or other similar antennas no taller than six feet with a maximum diameter of two inches, antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers or TV broadcast stations, and military, federal, state, and local government communications facilities, except for communication towers.

“Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date.

The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation or otherwise sited in accordance with applicable law.

Permanent construction does not include land preparation, such as clearing, grading, or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

“Street” means the entire width between the right-of-way lines of every public way for vehicular and pedestrian traffic, and includes the terms road, highway, lane, place, avenue, alley or other similar designation which is commonly open to use by the public.

“Structure” means something which is constructed or built having a fixed base on or fixed connection to the ground or other structure. This includes a gas or liquid storage tank that is principally above ground.

“Subdivide land” means to divide a lot of record into four or more lots of record in a calendar year.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

This term does not, however, include either:

“Temporary sign” means a sign that is temporarily attached to a building, structure, or property to advertise an event, business, or occurrence or is otherwise not intended to be permanent. Temporary signs include, but are not limited to, sandwich-boards, banners, flags, pennants, balloons, blimps, streamers, lawn signs, and portable signs.

“Temporary use” means a use meant to last only for a limited amount of time.

“Time, place, and manner restrictions” means regulations to establish certain time, place, and manner regulations concerning medical marijuana dispensaries and recreational marijuana producers, processors, wholesalers, laboratories, and retailers adopted under Chapters 5.35 and 5.40 MMC, all as may be amended from time to time and any successor or replacement ordinances.

“Townhome,” “townhouse,” or “attached single-family dwelling” means a single-family dwelling, on its own lot or parcel, that shares a common wall along at least one common property line with another single-family dwelling on its own lot or parcel.

“Traded sector uses” means industrial land uses that meet the definition of “traded sector” in ORS 285B.280 as may be amended from time to time.

“Trails plan” means the City’s trails plan adopted as part of the Comprehensive Plan as may be amended from time to time.

“Transportation Planning Rule” means Oregon Administrative Rule (OAR) 660-012-0060 as may be amended from time to time.

“Transportation System Plan” means the City’s Transportation System Plan adopted as part of the Comprehensive Plan as may be amended from time to time.

“Uniform building code” means the then current version of the Oregon Structural Specialty Code, Oregon Electrical Specialty Code, Oregon Mechanical Specialty Code, Oregon Residential Specialty Code, and the Oregon Fire Code published by the International Conference of Building Officials or any successor code adopted by the Building Official.

“Urban growth boundary” means the City’s urban growth boundary as may be amended from time to time.

“Use” means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

“Utility facility” means any major structure owned or operated by a public, private, or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, distribution, or processing its products or for the disposal of cooling water, waste, or byproducts, and including power transmission lines, major trunk pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills, and similar facilities, but excluding sewer, water, gas, telephone, and power local distribution lines and similar minor facilities allowed in any zone.

“Vacant” means not occupied by a business; building is empty of business(es) and furniture for the purpose of doing business.

“Variance” means an administrative or quasi-judicial decision to deviate from or otherwise modify the requirements of the Development Code in a particular instance.

“Vehicle-oriented retail trade and services” means refers to those uses where automobiles and/or other motor vehicles are an integral part of the use, including, but not limited to, service stations, businesses that repair, sell, rent, store, or service automobiles, boats, trucks, motorcycles, buses, recreational vehicles, construction equipment, and similar vehicles and equipment. Auto-wrecking/junk yards are expressly excluded from this definition.

Veterinary Clinic. See definition for “Clinic, Animal.” Boarding of animals in conjunction with a veterinary clinic may be approved; provided, that the applicant can show that odor, dust, noise, and drainage shall not constitute a nuisance, hazard, or health problem to adjoining property or uses. Fencing and/or vehicular access and loading restrictions may be required to protect surrounding properties.

“Vision clearance area” means a triangular area on a lot at the intersection of two streets, or a street and a railroad right-of-way, or an alley and a street, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations.

“Yard” means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this Development Code, and includes driveways.

“Zero-lot line” means the location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line.

“Zero-lot line subdivision” means a type of residential subdivision for attached single-family dwellings where the shared wall between dwelling units is placed on the common property line (for a zero-foot setback). The lots on which the attached single-family dwellings are located are individually owned.

“Zoning map” means the City’s official zoning map as may be amended from time to time. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.5 (Exh. E), 2022; Ord. 959 § 2.1 (Exh. B), 2021; Ord. 955 § 2.1 (Exh. B), 2021; Ord. 954 § 2.1 (Exh. B), 2021; Ord. 952 § 2.1 (Exh. B), 2020; Ord. 945 § 2 (Exhs. B and C § 1.3), 2020; Ord. 933 § 1.3, 2019; Ord. 898 § 3 (Exh. D), 2017.]