Madras City Zoning Code
18.65 Conditional
Uses
Authorization of a conditional use shall be void after one year unless a building permit has been obtained and remains valid. However, a written request to extend the time limit for an additional period not to exceed one year may be submitted to the Community Development Department.
18.65.010 Authorization to grant or deny conditional uses.
(1) Conditional uses listed or otherwise described in the Development Code may be permitted, enlarged, or otherwise altered only upon authorization by the Planning Commission in accordance with the standards and conditions in this chapter. The Planning Commission may elect to forward any request to the City Council for determination. In permitting a conditional use or the modification of a conditional use, the Planning Commission may impose any additional conditions necessary to protect the best interests of the surrounding property or the City as a whole.
(2) Standards for Granting Conditional Uses.
(a) The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use or structure, considering building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations.
(b) Taking into account location, size, design, and operating characteristics, the proposal, including any proposed conditions of approval, is compatible with and will have a minimal adverse impact on abutting properties and the surrounding area in terms of:
(i) Livability;
(ii) Property values; and
(iii) Development opportunities.
(c) The proposal will not place an excessive burden on urban services, including, but not limited to, sewage, water supply, parks, schools, police, fire, and transportation infrastructure.
(3) In permitting a new conditional use, the Planning Commission may impose (in addition to those standards and requirements expressly specified by this Development Code) additional conditions which the Planning Commission considers necessary to protect the best interests of the surrounding area or the City as a whole. These conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or setbacks.
(b) Limiting the height, size, or location of buildings.
(c) Controlling the location and number of vehicle access points.
(d) Increasing street standards.
(e) Increasing the number of required off-street parking spaces.
(f) Limiting the number, size, location, height, and/or lighting of signs.
(g) Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.
(h) Designating sites for open space.
(i) Limiting the hours, days, place, and/or manner of operation.
(j) Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust.
(k) Requiring street rights-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved.
(l) Any other condition necessary to achieve the objectives of this Development Code.
(4) Where a conditional use was initiated prior to the requirement for conditional use approval, any change in use, lot dimensions, or structures shall require conditional use approval consistent with the present requirements for conditional uses. [Ord. 933 § 13.1, 2019.]
18.65.020 Procedures.
The procedure for processing a conditional use application shall be as follows:
(1) A property owner may initiate a request for a conditional use by filing an application with the Community Development Department.
(2) Conditional use applications are processed as a Type III application with a public hearing before the Planning Commission.
(3) The decision of the Planning Commission shall be final unless appealed under MDC 18.80.240. [Ord. 933 § 13.2, 2019.]
18.65.030 Time limit.
Authorization of a conditional use shall be void after one year unless a building permit has been obtained and remains valid. However, a written request to extend the time limit for an additional period not to exceed one year may be submitted to the Community Development Department. [Ord. 933 § 13.3, 2019.]
18.65.040 Limitation on reapplications.
No substantially similar conditional use application shall be considered by the Planning Commission within a one-year period immediately following a previous denial of such request unless amendments to the Development Code would now allow the previously denied application. [Ord. 933 § 13.4, 2019.]