Use Zones
Unless otherwise specified, zoning district boundaries are lines that may also be identified as lot lines, centerlines of streets, alleys, canal or railroad rights-of-way, watercourses, ridges or rimrocks, or other readily recognizable or identifiable natural features. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map, the following regulations shall control:
(1) Where a zoning district boundary line is indicated as following a street, alley, canal, or railroad right-of-way, it shall be construed as following the centerline of such right-of-way.
This Development Code hereby establishes the following land use zoning districts and overlay designations. Overlay designations establish supplemental regulations that supersede any conflicting regulation applicable to the primary zoning district. They are as follows:
ZONE | DESIGNATION |
|---|---|
Moderate Density Residential | R-1 |
Higher Density Residential | R-2 |
Planned Residential Development | R-3 |
Corridor Commercial | C-1 |
Downtown Commercial | C-2 |
Community Commercial | C-3 |
Neighborhood Commercial | NC |
Mixed-Use Employment | MUE |
Industrial | I |
Open Space/Public Facilities | OS/PF |
Airport Development | AD |
Large Lot Industrial | LLI |
OVERLAY | DESIGNATION |
|---|---|
Airport Overlay | AO |
Medical Overlay | MO |
Master Planned Development Overlay | MPC |
Flood Hazard Area | FH |
[Ord. 968 § 2.5 (Exh. E), 2022; Ord. 933 § 3.1, 2019; Ord. 898 § 3, 2017.]
The boundaries of the zones listed in this Development Code are indicated on the Madras Zoning Map, which is hereby adopted by reference. The boundaries may be modified in accordance with Zoning Map amendments pursuant to this section and will be adopted by reference. [Ord. 933 § 3.2, 2019.]
Unless otherwise specified, zoning district boundaries are lines that may also be identified as lot lines, centerlines of streets, alleys, canal or railroad rights-of-way, watercourses, ridges or rimrocks, or other readily recognizable or identifiable natural features. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map, the following regulations shall control:
(1) Where a zoning district boundary line is indicated as following a street, alley, canal, or railroad right-of-way, it shall be construed as following the centerline of such right-of-way.
(2) Where a zoning district boundary line follows or approximately coincides with a section line, lot, or property ownership line, it shall be construed as following such line.
(3) If a lot is split with two or more zoning district boundaries, the primary or predominant (which covers a majority of the lot) zoning district shall be the governing zone. The Community Development Director shall determine the governing zone. [Ord. 933 § 3.3, 2019.]
(1) Purpose Statements.
(a) The intent of the R-1 zone is to create, maintain, and promote residential neighborhoods, including:
(i) To provide for larger lot sizes; and
(ii) To allow a broad range of housing types while providing for essential development and design standards.
(b) The intent of the R-2 zone is to create, maintain, and promote residential neighborhoods with a mix of uses that serve as a buffer between commercial and residential zones, including:
(i) To provide multi-unit dwellings and middle housing in close proximity to existing commercial uses to provide for easier access to goods and services for residents; and
(ii) To allow a broad range of housing types while providing for essential development and design standards.
(c) The intent of the R-3 zone is to recognize and enhance areas of scenic quality and view amenities, including:
(i) To allow for flexibility in project design while providing for essential development standards;
(ii) To encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources;
(iii) To provide for projects which are compatible with surrounding developments; and
(iv) To facilitate circulation systems designed to be efficient and well-integrated with the City’s overall circulation system without dominating the project.
(2) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission and subject to site plan approval, and to all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.040-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in residential zones is set forth in MDC Table 18.15.040-1.
Table 18.15.040-1. Uses in the R-1, R-2, and R-3 Zones
Uses | R-1 | R-2 | R-3 | Limitations and qualifications |
|---|---|---|---|---|
Residential living | P | P | P | See MDC Table 18.15.040-2 for permitted housing types. |
Residential home facilities | P | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Residential care facilities | X | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Accessory structure | P/C | P/C | P/C | Accessory structures under 950 square feet are outright permitted; accessory structures 950 square feet or over require conditional use approval. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit. |
Bed and breakfast | C | C | C | See MDC 18.30.080. |
Churches | C | C | C | |
Day care | P | P | P | |
Home occupations | C | C | C | See MDC 18.30.090. |
Lodges or civic organizations | C | C | X | |
Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes, or convalescent homes | C | C | X | Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes or convalescent homes are defined conditional uses. |
Model homes | P | P | P | Allowed only after construction plans have been approved by the City Public Works Director; occupancy and use are prohibited until documentation has been received by the City Public Works Director that the utilities have been connected. |
Public buildings | C | C | X | Such as libraries, fire stations, police stations, offices for governmental uses, museums, and schools. Libraries, fire stations, museums, and schools are the only conditional uses permitted in the R-1 zone. Schools are the only conditional use permitted in the R-3 zone. |
Public parks, recreation areas, and community centers | P | P | P | Subject to site plan review. |
Public utilities, except for communication towers | C | C | X | Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission. |
(3) Housing Types.
(a) Types of Housing Units. For the purposes of this section, all types of permitted housing are listed in MDC Table 18.15.040-2 below. See MDC 18.05.030, Definitions, for specific descriptions of the housing types listed in the table. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lawfully established lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.040-3 can be met.
Table 18.15.040-2. Housing Types in the R-1, R-2, and R-3 Zones
Residential Use Category | R-1 | R-2 | R-3 | Limitations and qualifications |
|---|---|---|---|---|
Accessory dwelling unit | P | P | P | (a) Permitted in conjunction with one single detached dwelling. |
Townhouse | P | P | P | (a) See MDC 18.30.191, Townhouse design and development standards. (b) See MDC 18.30.190, Residential design standards. |
One to three dwelling units, attached or detached | P | P | P | (a) Permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) See MDC 18.30.190, Residential design standards. |
One to four dwelling units, attached or detached | P | P | P | (a) Permitted on lots 7,500 square feet or greater. (b) See MDC 18.30.190, Residential design standards. |
Cottage cluster | P | P | P | (a) See MDC 18.30.192, Cottage cluster design and development standards. (b) See MDC 18.30.190, Residential design standards. |
Apartments | P | P | P | (a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in R-1. (b) Permitted on lots 6,000 square feet or greater (first four units) plus 1,950 square feet for each additional dwelling unit in R-3. (c) Apartments in the R-1 zone are limited to no more than four units per structure, no more than 30 feet in height, no single façade on any single structure may exceed a width of 60 feet, and no more than 24 units in total. (d) See MDC 18.30.190, Residential design standards. |
(4) Development Standards. In the R-1, R-2, and R-3 zones, the development standards in MDC Table 18.15.040-3 apply. The standards in MDC Table 18.15.040-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.
Table 18.15.040-3. Development Standards in the R-1, R-2, and R-3 Zones
Standard | Residential Zones | Limitations and Qualifications | ||
|---|---|---|---|---|
R-1 | R-2 | R-3 | ||
A. Lot Size Requirements | ||||
1. Minimum lot size (square feet) | 7,500 | 7,500 | 6,000 | Minimum lot size in this table applies to all new lots of record except for lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.040-2 above. |
2. Maximum lot coverage (fifty percent of total lot area) | 50% | 50% | 50% | See definition of lot coverage in MDC 18.05.030, Definitions, for explanation of what portions of a building on a lot are included. |
3. Minimum density (dwelling units per gross acre) | 4 | 4 | 6 | A land division with the residential zones may create a remainder development lot in excess of one-half (1/2) acre only if approved as part of a phased subdivision. |
4. Maximum density (see definition in MDC 18.05.030) | 7.3 | 21.7 | 21.7 | |
B. Development Standards | ||||
1. Minimum setbacks (feet) | ||||
a. Front | 12 | |||
b. Side | 5 | In the R-3 zone, apartments must be set back 15 feet from side and rear property lines. | ||
c. Rear | 5 | |||
d. Garage loaded from a street | 20 | |||
e. Garage loaded from an alley | 0 or 20 | If off-street parking spaces are provided in front of garage, they must be of adequate length to accommodate a full vehicle length to avoid overhang in the right-of-way. | ||
2. Building height | ||||
a. Minimum building height (feet) | none | |||
b. Maximum building height (feet) | 35 | 45 | ||
3. Side yard height plane (feet) | ||||
a. Maximum height at minimum required side yard depth (feet) | 20 | 25 | 20 | For illustration of the side yard height plane development standard, see MDC 18.05.030, Definitions. |
b. Slope of plane (degrees) | 45 | 45 | 45 | |
(5) Design Standards. All new one to four dwelling units, accessory dwelling units, townhouses, cottages, and apartments must comply with the design standards found in MDC 18.30.190. Townhomes, apartments, and cottages must also comply with design standards in MDC 18.40.020, Site plan review, and MDC 18.40.030(7), Standards for Approvals for Needed Housing. Additional design standards apply to townhouses and cottage clusters. See MDC 18.30.191 and 18.30.192. Expansions of structures that add area to any street-facing façade are subject to MDC 18.30.190(3)(b)(i). Remodels that convert an attached garage are subject to MDC 18.30.190(3)(b)(ii).
(6) Off-Street Parking Regulations.
(a) See MDC Table 18.25.050-1, Required Vehicle Parking.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system if the structure is within 300 feet of an existing public sewer line.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(10) Lighting. All lighting must comply with the outdoor lighting standards. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.5 (Exh. E), 2022; Ord. 955 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. B), 2020; Ord. 933 § 3.4, 2019.]
Repealed by Ord. 968. [Ord. 955 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. B), 2020; Ord. 933 § 3.5, 2019.]
Repealed by Ord. 968. [Ord. 945 § 2 (Exh. B), 2020; Ord. 943 §1.1 (Exh. A), 2020; Ord. 933 § 3.6, 2019.]
(1) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission, is subject to site plan approval, and must comply with all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.070-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in commercial zones is presented in MDC Table 18.15.070-1.
Table 18.15.070-1. Uses in the C-1, C-2, and C-3 Zones
Uses | C-1 | C-2 | C-3 | Limitations and qualifications |
|---|---|---|---|---|
Residential living | X | P | P | See MDC Table 18.15.070-2 for permitted housing types. In the C-1 zone dwellings in existence prior to July 25, 2006, are nonconforming uses subject to MDC 18.50.010. |
Residential home facilities; residential care facilities, boarding houses | X | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Accessory structure | P | P | P | If not included as part of a site plan review, accessory structures under 950 square feet are permitted through zoning review, provided they meet the design standards for development in the C-2 and C-3 zones; accessory structures of 950 square feet or more are subject to site plan review. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit. |
Bakeries | P | P | P | Includes similar food processing where goods are to be sold primarily on site and to the general public. |
Bed and breakfast | X | X | X | |
Bulk fuel facilities | X | X | X | |
Churches | P | P | P | |
Commercial storage facility | C | X | X | Subject to the provisions of MDC 18.30.180. |
Day care | P | P | P | |
Eating and drinking establishments | P | P | P | Eating and drinking establishments including drive-throughs/drive-ins are permitted in C-1, not permitted in C-2, and are a conditional use in C-3. Drive-through/drive-in facilities subject to standards in MDC 18.30.160. |
Entertainment uses | P | P | P | Such as theaters and indoor amusement, e.g., bowling alleys and similar uses. |
Governmental uses | P | P | P | Such as City Hall, fire stations, police stations, and offices for governmental agencies |
Home occupations | X | P | P | See MDC 18.30.090. Must be located in a lawfully established dwelling. |
Light manufacturing | C | C | C | Such as small-scale crafts, electronic equipment, furniture, similar goods when in conjunction with retail. |
Lodges or civic organizations | P | P | P | |
Marijuana retailer | P | P | P | Marijuana businesses must meet the requirements of MDC 18.30.140. |
Marijuana testing laboratories | P | P | P | |
Medical marijuana dispensary | P | P | P | |
Model homes | X | X | X | |
Mortuary, crematorium | P | C | P | |
Office uses | P | P | P | Includes medical and dental offices, clinics, and laboratories. |
Public buildings | P | P | P | Such as libraries, museums, community centers, and concert halls. |
Public parks, recreation areas, and community centers | P | P | P | |
Public parking lots and facilities | P | P | P | |
Public utilities, except for communication towers | P | P | P | Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission. |
Retail trade and services | P | P | P | Vehicle-oriented retail trade and services are not permitted in C-2 zone. |
Schools | C | C | C | |
Temporary uses | P | P | P | Subject to the provisions of MDC 18.30.010. |
Veterinary clinics | C | P | P |
Notes:
1Notwithstanding anything to the contrary, conditional use approval is required if a commercial use abuts or is otherwise within 50 feet, measured from property line to property line at the closest points, of a residential zone and is larger than 10,000 square feet and/or 40 feet or taller.
(2) Housing Types.
(a) Types of Housing Units. For the purposes of this section, the types of permitted housing are listed in MDC Table 18.15.070-2 below. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.070-3 can be met.
Table 18.15.070-2. Housing Types in the C-1, C-2, and C-3 Zones
Residential Use Category | C-1 | C-2 | C-3 | Limitations and qualifications |
|---|---|---|---|---|
Accessory dwelling unit | P | P | P | (a) Permitted in conjunction with existing single detached dwelling. |
Townhouse | X | P | P | (a) Permitted on lots 1,500 square feet or greater. (b) No more than six consecutive townhouses that share a common wall(s) or a total street-facing width not to exceed 150 feet, whichever is less. A set of six townhouses with common walls is allowed to be adjacent to a separate set of six townhouses with common walls. (c) See MDC 18.30.191, Townhouse design and development standards. |
One to four dwelling units, attached or detached | X | P | P | (a) One to three units are permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) One to four units are permitted on lots 7,500 square feet or greater. (c) See MDC 18.30.190, Residential design standards. (d) Notwithstanding anything herein to the contrary, no standalone detached single-unit dwellings are permitted in the C-2 or C-3 zones. Existing standalone detached single-unit dwellings in C-1, C-2, and C-3 zones are nonconforming uses subject to MDC 18.50.010. |
Cottage cluster | X | P | P | (a) Permitted on lots 7,500 square feet or greater. Single detached cottages permitted on lots 1,500 square feet or greater, when dwelling is a cottage and is part of a cottage cluster that meets all the requirements of a cottage cluster. (b) See MDC 18.30.192, Cottage cluster design and development standards. |
Apartments | X | P | X | (a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in C-2 zone. (b) See MDC 18.30.190, Residential design standards. (c) See MDC 18.40.030(7), Standards for Approvals for Needed Housing. |
(3) Development Standards. In the C-1, C-2, and C-3 zones, the development standards in MDC Table 18.15.070-3 apply. The standards in MDC Table 18.15.070-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.
Table 18.15.070-3. Development Standards in the C-1, C-2, and C-3 Zones
Standard | Commercial Zones | Limitations and Qualifications | ||
|---|---|---|---|---|
C-1 | C-2 | C-3 | ||
A. Lot Size Requirements | ||||
1. Minimum lot size (square feet) | N/A | 7,500 | N/A | Minimum lot size applies to all new lots of record other than lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.070-2 above. See MDC 18.50.030. |
2. Minimum street frontage requirements (feet) | N/A | 25 | ||
B. Development Standards | ||||
1. Minimum setbacks (feet) | ||||
a. Front | None, except structure(s) must not be < 10 from the property line where the commercial lot line abuts residentially zoned parcels. | No minimum setback. | ||
b. Side | ||||
c. Rear | ||||
2. Maximum setbacks (feet) | N/A | 5 | 5 | This standard is met when 100% of the front building elevation is placed no more than five feet back from the front property line. On parcels with more than one building, this standard applies to the largest building. The setback standard may be increased when a usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area, or seating area) is provided between the building and front property line. On through lots (lots with front and rear frontage on a street), this standard applies only to the designated front setback. |
3. Building height | ||||
a. Minimum building height (feet) | N/A | 20 | N/A | |
b. Maximum building height (feet) | 45 | |||
4. Minimum density (see definition in MDC 18.05.030) | N/A | 12 | 12 | Only applies to standalone residential uses. There is no maximum density. |
5. Landscaping, minimum percentage of lot | 15% | 10% of any off-street parking area | 10% of any off-street parking area | All residential uses in the C-2 and C-3 zones other than cottage cluster developments must also provide 50 square feet per dwelling unit for passive use, such as patios (ground level or rooftop), decks, balconies, etc. |
(4) Parking Regulations. Parking must meet the requirements of MDC 18.25.050.
(5) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(6) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to any adjoining water system.
(7) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(8) Lighting. All lighting must comply with the outdoor lighting standards.
(9) Outdoor Storage, Trash Collection, and Loading Areas. Must comply with the outdoor storage, trash collection and loading area standards in MDC 18.25.110.
(10) Landscaping and Screening. All landscaping and screening must comply with the landscaping standards.
(11) Design Review. Permitted residential uses are allowed outright. They are subject to design standards in MDC 18.30.190. Townhouses and cottage clusters are subject to additional design standards above and beyond MDC 18.30.190. See MDC 18.30.191 and 18.30.192. All development in the commercial zones is subject to the Design Review Standards as applicable. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.5 (Exh. E), 2022; Ord. 933 § 3.7, 2019.]
(1) Purpose. The City’s goal is to provide the community with a location for people to gather and create a local business center alongside and among residential areas. This section provides standards for the orderly improvement and expansion of a Neighborhood Commercial District (NC) based on:
(a) Efficient use of land and urban services;
(b) A mixture of land uses to encourage walking as an alternative to driving, and to provide more employment and housing options;
(c) Provision of both formal and informal community gathering places;
(d) Connecting neighborhoods with employment areas; and
(e) Reducing reliance on the use of automobiles and parking needs in the commercial district. Transportation improvements (or emergency measures) to allow for normal operation, maintenance, and/or repair of existing transportation facilities, and project(s) identified within the adopted Transportation System Plan are allowed outright.
(2) Permitted Uses.
(a) Retail trade establishments in which the operation takes place solely within an enclosed building.
(b) Business or professional offices.
(c) Public parks, recreation areas, and community centers.
(d) Building, roof, and wall-mounted antennas for cellular, personal communication service, and similar radio services (see MDC 18.30.130).
(3) Conditional Uses.
(a) Retail trade establishments where any part of the operation takes place outside an enclosed building.
(b) Residential occupancies located on the second floor of a commercial structure, provided there is an existing or proposed commercial use on the ground floor of the structure.
(c) Lodges for civic or fraternal organizations.
(d) Churches.
(e) Apartments.
(f) Residential care facilities in accordance with ORS 197.665 (e.g., adult foster care).
(4) Setback Requirements.
(a) Front Setback. The minimum depth of a proposed structure from the front setback is 12 feet from the front property line.
(b) Side and Rear Setbacks. No requirements.
(c) Corner Setback. For a lot with more than one property line abutting a street, proposed structure(s) must be at least 12 feet from the property lines.
(5) Height of Building. No structure may exceed a height of 35 feet when measured from the ground to the peak of the roof.
(6) Parking Regulations. Must meet the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(10) Lighting. All lighting must comply with the outdoor lighting standards.
(11) Landscaping. All landscaping must comply with the landscaping standards.
(12) Design Review. All development in the NC Zone is subject to the Design Review Standards as applicable. [Ord. 933 § 3.8, 2019.]
(1) Purpose. The purpose of the Industrial Zone is to fulfill the industrial and economic development policies of the Madras Comprehensive Plan and support a diverse economy in a business-friendly environment. The zone is intended to provide suitable locations for a range of light and heavy industrial uses and jobs in the core economic sectors of agricultural and mining industries, aviation and aeronautics, trucking and transportation, warehousing, manufacturing of wood, high-tech electronics, and other products. Industrial Zone development standards are intended to guide orderly development and provide appropriate design elements to enhance the community and create a quality environment for employees.
(2) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to site plan approval and to all of the applicable provisions of this section. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission and subject to site plan approval. The approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.090-1 or deemed to be similar uses pursuant to MDC 18.80.320 are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in the Industrial Zone is presented in MDC Table 18.15.090-1.
Table 18.15.090-1. Uses in the Industrial Zone (I)
Use | Type of Use (P, C, X) |
|---|---|
Electronics firms and high-tech industry | P |
Manufacturing and production, secondary processing, fabricating, assembly, processing, packaging or storage, repairing, distribution, and warehousing of the following: | P |
Wood products and secondary wood products | P |
Steel and structural steel products, foundries, and machine shops | P |
Food processing, including canning, freezing, drying, dairy products and similar food processing and preserving, and beverage bottling facilities, but excluding processes which involve the slaughter of animals | P |
Textile mill products, including apparel and other finished products made from fabrics and similar materials | P |
Recreation and sporting goods equipment | P |
Furniture and fixtures, including retail wood products | P |
Printing and publishing and allied industries | P |
Rubber and miscellaneous plastics | P |
Leather and leather goods, excluding a tannery | P |
Cement, glass, clay, and stone products | P |
Fabricated metal products | P |
Electrical and electronic equipment, machinery, and supplies, but excluding batteries | P |
Energy-related products | P |
Measuring, analyzing, and controlling instruments; photographic, medical, dental, orthopedic and optical goods; watches and clocks | P |
Freight terminals, including loading docks, storage, warehousing and wholesale distribution, cold storage lockers, and commercial storage facilities | P |
Experimental, research, testing, or development facilities | P |
Warehouse and freight movement, transportation terminals, trucking and freight yards | P |
Corporation headquarters and business offices directly related to industry | P |
Aircraft service, maintenance, and aviation-related industry | P |
Public or semi-public uses, including fire, police, or other governmental buildings | P |
Public utility facilities (does not include communication towers) | P |
Automotive repair, body and fender works, paint, and upholstery shops | P |
Lumber yards and building material yards; contractor’s yards | P |
Ancillary uses (i.e., deli, tavern, mini-market, food carts in accordance with City standards, and retail sales subordinate to a permitted use) must: | P |
Be comprised of less than 30% of the total square footage of a building located in the Industrial zoning district; and | |
Be secondary to the primary use of the building; and | |
Be primarily for the use and convenience of the employees who work in the industrial area | |
Call centers | P |
Building roof and wall-mounted antennas for cellular, personal communications service, and similar radio services | P |
Marijuana production facility, marijuana processing facility, marijuana wholesale | P |
Marijuana businesses must meet the applicable requirements of MDC 18.30.140. | |
Industrial hemp processing and Production | P |
Industrial hemp uses must meet the applicable requirements of MDC 18.30.150. | |
Lumber yards and building material yards; contractor’s yards | P |
Incidental and necessary services such as child care facilities and recreational facilities for persons working in the Industrial zoning district, when conducted within an integral part of a main structure and having no exterior display or advertising | C |
Asphalt, redi-mix operations, concrete or concrete products manufacturing, including storage yards | C |
Communication towers (see MDC 18.30.130) | C |
Chemical or glue manufacturing or storage, including farm chemicals | C |
Reduction, refining, smelting, or alloying of metals, petroleum products, or ores | C |
Processing of recycled materials | C |
Vehicle storage yards or wrecking yards | C |
Explosives manufacturing or storage | X |
Garbage, offal, or dead animal reduction or dumping | X |
Residential | X |
Housing | X |
(3) Design Review. All industrial development is subject to the Design Review Standards.
(4) Outdoor Storage. Except for storage of large-scale and bulky products such as lumber and steel pipe, outside storage areas must be obscured from sight from the primary public street serving the development by a six-foot sight-obscuring fence, decorative wall, or landscaping that obscures the materials being stored.
(5) Lot Size Requirements.
(a) The minimum lot area is 5,000 square feet.
(b) The minimum lot width is 50 feet.
(6) Setback Requirements. None, unless:
(a) Front and Rear Setbacks. The minimum depth of a proposed structure from the front or rear setback is 10 feet where abutting a residential zone.
(b) Side Setbacks. The minimum depth of a proposed structure from a side setback is five feet where abutting a residential zone.
(c) Corner Setback. For a lot with more than one property line abutting a street, proposed structures must be at least 10 feet from the property lines.
(7) Height of Building. No structure may exceed a height of 45 feet without prior authorization from the Planning Commission and City Council.
(8) Parking Regulations. Parking must be provided in accordance with the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(9) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(10) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(11) Lighting. All lighting must comply with the outdoor lighting standards.
(12) Landscaping. All landscaping must comply with the landscaping standards. [Ord. 933 § 3.9, 2019.]
(1) Purpose. The purpose of the Mixed-Use Employment Zone is to provide land for the development of a variety of employment uses, including business and office parks, office buildings, service outlets, light manufacturing/assembly, wholesale trade and show rooms, warehouse/distribution, storage, trade schools, retail goods and services, and other commercial and light industrial uses that are commonly found in mixed-use employment districts. Single-family housing is not permitted as a standalone use but may be approved as an ancillary use. Given the potential within the zone for diverse uses to be constructed in close proximity to each other, design standards in the MUE Zone are intended to limit activities within buildings and design finishes that are inconsistent for the range of allowed uses.
(2) Uses.
(a) Permitted Uses. Uses permitted in the MUE Zone are listed in MDC Table 18.15.100-1, which is divided into uses permitted outright (P), uses permitted conditionally (C), and uses permitted as accessory to another allowed use (A). The Planning Commission may approve uses not listed as allowed in the MUE Zone in accordance with MDC 18.80.320.
Table 18.15.100-1. Uses in the Mixed-Use Employment Zone
Use Categories and Uses | Review |
|---|---|
Commercial | |
Day care facilities – establishments that provide for the daily care of children and adults with special needs, including before and after school care, child development facilities, and adult activity centers that do not include lodging. | C |
Drive-through facilities – when developed in conjunction with an allowed use. Examples include a coffee kiosk, food cart, bank drive-through, food take-out window, etc. | P |
Eating and drinking establishments – businesses primarily involved in the preparation and sale of food and beverages for on-site consumption or take-away, including bakeries, restaurants, coffee shops, brewpubs, taverns, sandwich shops, etc. | P |
General office – professional and administrative service uses, including banks, financial services, insurance, real estate, medical and dental clinics, professional services, call centers, and other employment uses that typically operate in an office setting. | P |
Medical facility – allowed uses include medical and dental offices, health care delivery service centers such as an urgent care center, hospice care, medical testing laboratory, and veterinary services. | P |
Personal and contract services – uses oriented toward the sale and delivery of personal services, including day spas, hair care, pet grooming, laundry and dry cleaning, printing, etc. | P |
Hotel/Motel – commercial lodging where tenancy is less than one month, including hotels, motels, bed and breakfasts, and truck stops. Does not include senior and retirement housing. | P |
Recreation and fitness – uses oriented to delivering youth and adult recreation activities, including dance and yoga studies, fitness centers, climbing gyms, martial arts centers, bowling alleys, soccer centers, movie theaters, skating rinks, etc. | P |
Repair-oriented – establishments engaged in the maintenance and repair of consumer and business goods, including electronics, automotive, bicycles, jewelry, cobblers, office equipment, tailors and seamstresses, upholsterers, aviation and marine equipment, etc. | P |
Retail sales and services – sales-oriented establishments involved in the sale, leasing, or rental of new or used products and services to the public, including car sales, home and business goods and services, pharmaceuticals, jewelry, hardware, household supplies and furnishings, electronics, clothing, dry goods, pet supplies and pets, office and art supplies, etc. | P |
Private schools – preschools, primary schools, secondary schools, colleges, and vocational schools. | C |
RV parks allowed subject to standards in MDC 18.30.040. | P |
Light Manufacturing and Production | |
Light manufacturing and production – uses engaged in the fabrication, manufacture, assembly, and packaging of goods for resale. 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. | P |
Trade services and storage – uses engaged in the storage, distribution, and resale of wholesale goods and bulk items, including warehousing and distribution and commercial storage facilities. | C |
Research and development – uses engaged in product or service research, including laboratories, testing facilities, design studios, and other research-oriented activities. | P |
Industrial hemp processing and production Industrial hemp uses must meet the applicable requirements of MDC 18.30.150. | P |
Public and Institutional | |
Utilities – public facilities and utility uses, such as utility substations, pump stations, data storage, etc. | C |
Communications towers – allowed subject to standards in MDC 18.30.130. | P |
Public schools – pre-schools, primary schools, secondary schools, colleges, and vocational schools. | C |
Police, fire, and other governmental uses. | P |
Residential | |
Caretaker residence or apartment for an allowed use. | A |
Other | |
Temporary uses subject to MDC 18.30.010. | P |
Public parking lots. | P |
Churches and places of worship. | P |
(b) Prohibited Uses.
(i) Motor sports training and competitive venues, bulk fuel storage, wrecking yards, solid waste handling, animal processing, chemical and petroleum processing, explosives manufacturing, asphalt/cement/rock crushing operations, commercial composting, and outdoor shooting/target ranges.
(ii) Outdoor fabrication, assembly, processing, or repair of goods and materials. This restriction does not apply to inventory stored outdoors, provided it meets screening requirements for outdoor storage (e.g., nursery stock).
(iii) Residential uses other than those allowed as accessory to an allowed use pursuant to MDC Table 18.15.100-1.
(3) Development Standards. The allowed mix of uses in the MUE Zone requires that new development be appropriately sited and operated in terms of building location, orientation to the street, vehicular access, the orientation of parking and loading docks, storage areas, and lighting so that uses remain compatible over time. Uses in the MUE Zone are subject to the following development standards.
MDC Table 18.15.100-2 summarizes development standards that apply in the MUE Zone. Standards are explained in detail below the table.
Table 18.15.100-2. Development Standards in the Mixed-Use Employment Zone
Design Standards | Unit |
|---|---|
Lot Standards | |
Minimum size | 5,000 sq. ft. |
Maximum size | None |
Street frontage | 50 ft. minimum |
Site Development | |
Setbacks | |
Front minimum | 10 feet |
Front maximum: | |
Building <5,000 sq. ft. | 60 feet |
>5,000 but <20,000 | 75 feet |
>20,000 sq. ft. | None |
Side* | None |
Rear* | None |
Lot coverage | |
Maximum | 85% |
Landscaping | Compliance with landscaping standards |
Parking | Parking must be consistent with Table 18.25.050-1 and the provisions of MDC 18.25.040 through 18.25.070. |
Parking lots | Landscaped buffers are required between parking aisles; 7% of a parking lot area must be landscaped. |
Loading docks | Must be located on the side or rear of a building and must not block a public street. |
Access and circulation | Site access and local circulation are subject to City of Madras Public Improvement Design and Construction Standards, Chapter 18.20 MDC. |
Building orientation | Main entrance oriented to the street or primary drive aisle. |
Cross-access | Easements are required between adjacent properties with less than 200 feet of street frontage for auto, bike, and pedestrian use. |
Local circulation | Development on parcels greater than three acres must include a local street circulation plan. |
Environment | |
Lighting | Must comply with outdoor lighting standards. |
Air and noise | See below. |
Storage | Must comply with outdoor storage, trash collection, and loading areas. |
*When development abuts residential uses, a landscaped side yard/rear yard and a minimum 15-foot setback is required.
(a) Lot Development.
(i) Lot size requirement: 5,000 square foot minimum.
(ii) Coverage requirement: Eighty-five percent (85%) maximum coverage by buildings and impervious surfaces.
(b) Site Development.
(i) Building Setbacks.
(A) Front Setback: 15 feet minimum; 75 feet maximum.
(B) Side Setbacks: None, except 15 feet minimum when abutting a residential use.
(C) Rear Setback: 10 feet, except 15 feet when abutting a residential use.
(ii) Landscaping. All landscaping must comply with the landscaping standards.
(c) Parking and Loading.
(i) All parking and loading must comply with the provisions of MDC 18.25.040 through 18.25.070.
(ii) Two parking bays with a drive aisle may be located in front of a building. All other parking areas must be located to the side or behind buildings.
(iii) Parking areas must include sidewalks or pedestrian walkways that provide safe pedestrian access to buildings.
(iv) Loading Docks. In the MUE Zone, loading docks must be located to the side or rear of buildings. Loading docks must be recessed far enough that trucks using them do not obstruct public roadways or drive aisles.
(d) Access and Circulation.
(i) Building access must be oriented toward the primary public street or drive aisle that serves the building.
(ii) Vehicular and Bicycle/Pedestrian Cross-Access. Properties with less than 200 feet of street frontage must provide cross-access easements for pedestrians and vehicles to adjoining properties in accordance with Chapter 6, Access Management Strategies, in the Transportation System Plan.
(iii) Local Circulation. Development plans that involve more than three acres must include a local street circulation plan that details how existing and future development will be served by and connect to the local street network in a manner that is consistent with the Madras Transportation System Plan (TSP). Plans must adhere to City block standards and street classification guidelines. Where the TSP includes a local street circulation plan for the area where the development is proposed, the local street circulation plan must be consistent with the TSP.
(e) Environmental.
(i) Lighting. All lighting must comply with the outdoor lighting standards.
(ii) Air and Noise. All uses must comply with applicable air and noise quality standards established by the Oregon Department of Environmental Quality or City standards, whichever are more restrictive.
(iii) Outdoor Storage, Trash Collection, and Loading Areas. All uses must comply with the outdoor storage, trash collection and loading area standards, MDC 18.25.110.
(4) Building Standards. Buildings in the MUE Zone must meet the design standards set forth in MDC Table 18.15.100-3 below.
Table 18.15.100-3. Building Design Standards in the Mixed-Use Employment Zone
Element | Standard | Exceptions |
|---|---|---|
Height Limit | 45' | Roof-mounted equipment may exceed the height limit by 10 feet. Roof-mounted equipment must be screened except for communication equipment and solar collectors. |
Size Limit | Minimum: None Maximum: 100,000 sq. ft. | |
Exterior Materials | Brick, concrete panel, smooth-finished concrete block, stucco, stone, and wood siding may be used as primary materials. | Accent materials, not exceeding 20% of the front facade, may include prefabricated metal, stone, and wood. |
Glazing | The front facade must include 30% glazing for the first 15 feet of the building height. | |
Roofs | Roof designs may be flat, gabled, arched, or other designs with coverings that complement the building design. Sloped roofs must incorporate eaves that extend over the exterior walls a minimum of 2 feet beyond the wall. | Buildings with flat roofs must incorporate exterior parapet walls that extends at least 2 feet above the roof. |
Entryways | Each building must have a primary building entry facing the primary public street or drive aisle serving the building. All public entries must include weather-protection features. | |
Walkways | There must be a 6-foot walkway between the building and parking lot. The walkway must connect pedestrian access ways from parking areas to entryways. |
(5) Design Review. All development applications in the MUE Zone are subject to the Design Review Standards.
(6) Nonconforming Structures. An existing attached or detached single-family dwelling that is incorporated into a development may be permitted subject to compliance with Chapter 18.50 MDC, Exceptions and Variances. [Ord. 957 § 2.1 (Exh. B), 2021; Ord. 933 § 3.10, 2019.]
(1) Permitted Uses.
(a) Parks.
(b) Public facilities.
(c) Public uses.
(d) Recreation facilities, such as:
(i) Golf course.
(ii) Trails (walking, horse, bicycle).
(iii) Game fields (e.g., soccer, baseball).
(e) Schools.
(f) Communication tower (subject to MDC 18.30.130).
(2) Conditional Uses. None.
(3) Lot Size Requirements. None.
(4) Setback Requirements. None, unless:
(a) All setbacks (front, side, rear, corner) for structures must be a minimum of 12 feet when abutting a residential zone.
(5) Height Requirements. No structure(s) may exceed 35 feet when measured from the ground to the peak of the roof.
(6) Parking Regulations. Parking areas must meet the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure(s) is within 300 feet of an existing City sewer.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Lighting. All lighting must comply with the outdoor lighting standards. [Ord. 933 § 3.11, 2019.]
(1) Purpose. The purpose of the Airport Development Zone is to provide land adjacent to airport facilities for future commercial and industrial uses which may be dependent on air transportation.
(2) Permitted Uses.
(a) Air cargo terminals.
(b) Aircraft sales, repair, service, storage, and schools related to aircraft operations, and facilities essential for the operation of airports, such as fuel storage, hangar use, and fixed base operator (“FBO”) offices.
(c) Terminals (passenger – air, taxi, and bus).
(d) Public and semi-public buildings, structures, and uses essential to the welfare of an area, such as fire stations, pump stations, and water storage.
(e) Ancillary uses with a total floor area no larger than 1,000 square feet.
(f) Uses where the ongoing operations must be directly dependent upon and associated with the airport.
(g) Assembly and manufacture of goods.
(h) Assembly, repair, and storage of heavy vehicles and machinery.
(i) Storage and processing of agricultural products.
(j) Warehouse and freight terminal operations.
(k) Professional offices.
(l) Public utility facilities.
(m) Call centers.
(3) Conditional Uses. None.
(4) Limitations of Use. In the AD Zone, the following conditions shall apply:
(a) Liquid and Solid Wastes. Storage of animal, vegetable, or other wastes which attract insects, rodents, or birds or otherwise create a health hazard is prohibited.
(b) Discharge Standards. Emissions of smoke, flying ash, dust, vapor, gases, or other forms of air pollution that may cause nuisance or injury to human, plant, or animal life, or to property, or that may conflict with any present or planned operations of the airport are prohibited.
(5) Lot Area Requirements.
(a) Minimum street frontage of lots: 50 feet.
(6) Setback Requirements. None, except:
(a) No building may be closer to a farm zone than the height of the building in the AD Zone.
(7) Height of Building.
(a) Maximum height: Two stories or 30 feet, whichever is less, if not equipped with a sprinkler system. Three stories or 45 feet, whichever is less, if equipped with sprinkler system approved by the Fire Marshal. Structures on the airport property necessary for the operation of the airport may be approved for a greater height as part of site plan approval.
(8) Glare and Electromagnetic Interference.
(a) Building materials must not produce glare which may conflict with any present or planned operations of the airport.
(b) No use may produce electromagnetic interference which may conflict with any present or planned operations of the airport.
(9) Design Review. All development in the AD Zone is subject to the Design Review Standards.
(10) Parking Regulations. (Requirements of MDC 18.25.040 through 18.25.070 also apply).
(a) Site plan(s) submitted with an application for a building permit must include a parking plan which shows the location and number of parking spaces, circulation patterns, and ingress and egress provisions.
(b) All industrial and commercial uses within an Airport Development Zone must comply with MDC Table 18.25.050-1.
(c) All parking lots must have an all-weather surface.
(d) Adequate provisions for safe and convenient circulation, ingress and egress must be provided.
(11) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(12) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(13) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(14) Lighting. All lighting must comply with the outdoor lighting standards.
(15) Landscaping. Landscaping must comply with the landscaping standards.
(16) Federal Aviation Administration. Any use or development in the AD Zone must meet all standards as set forth by the Federal Aviation Administration. [Ord. 933 § 3.12, 2019.]
(1) Purpose. The Large Lot Industrial Zone is intended to provide opportunities for the development of traded sector uses and implement the Central Oregon Regional Large Lot Industrial Needs Analysis.
(2) Permitted Uses.
(a) Allowed Uses. Uses allowed in the LLI Zone are listed in Table 18.15.130-1, which includes uses permitted outright (P), uses permitted as accessory to the primary permitted use (A), uses permitted conditionally (C), and prohibited uses (X). The Planning Commission may approve uses not listed in the table in accordance with MDC 18.80.320.
Table 18.15.130-1. Allowed Uses
Use | Review |
|---|---|
1. Traded sector uses. | P |
2. Subordinate industrial uses that support a primary traded sector use located in the LLI Zone. | P(1) |
3. Service commercial and retail uses. | P(1) |
4. Public or semi-public uses including municipal, police, fire, other related governmental uses and buildings. | P |
5. Temporary uses subject to MDC 18.30.010. | P |
6. Residential Uses | X |
1These uses are not permitted until a traded sector use is established and can only be sited in an area subject to an approved LLI master plan.
(3) Development Standards. The following development standards apply to all development within the Large Lot Industrial (LLI) Zone. These standards ensure that the public health, safety and general welfare are protected and the general interest of the public is served. The standards provide for originality, flexibility and innovation in site planning and development to promote traded sector uses. Development in the LLI Zone shall comply with the industrial design review standards in MDC 18.40.030. Uses in the LLI zone also are subject to the development standards in Table 18.15.130-2. When there are differences between standards in MDC 18.40.030 and Table 18.15.130-2, the standards in Table 18.15.130-2 shall apply.
Table 18.15.130-2. LLI Development Standards
Standard | Unit |
|---|---|
1. Lot Standards | |
a. Minimum Size | 50 acres1 |
b. Maximum Size | None |
c. Street Frontage | 50' minimum, unless otherwise approved by the City of Madras Public Works Director |
2. Site Development | |
a. Setbacks | |
1. Front Minimum | 20' |
2. Front Maximum | None |
3. Side | None, unless the lot or parcel abuts a residential zone, in which case the setback shall be 50' |
4. Rear | None, unless the lot or parcel abuts a residential zone, in which case the setback shall be 50' |
b. Lot Coverage | |
1. Maximum | 85% of the property or lease area |
2. Landscaping | 10% minimum. Natural features including, but not limited to, jurisdictional wetlands, rock outcroppings, and Goal 5 resources may be used to meet landscaping requirements, but may not be substituted for landscape in parking areas, building frontages, and entryways. Natural features need not be irrigated but must be maintained for their functional condition and to limit wildfire danger to adjoining properties. |
c. Parking | The number of off-street parking spaces shall be consistent with Table 18.25.050-1. |
d. Buildings | |
1. Height | The maximum building height shall be 45' unless there are specific compelling needs related to the manufacture or fabrication of goods and services related to a traded sector use or a supporting use that necessitate a deviation from this limit. In no case shall the height of a building exceed the requirements of the Federal Aviation Administration. |
2. Orientation | Buildings shall be oriented to the street or to a primary drive aisle. |
e. Outdoor Storage | Outdoor storage areas shall be sited out of public view or behind a sight-obscuring fence. |
1The minimum lot size is fifty (50) acres until such time as a traded sector use is established. After a traded sector use is established, the remaining land within the LLI master planned area may be divided or reconfigured to accommodate supporting industrial and commercial uses. The minimum lot size shall be one acre for supporting industrial and commercial uses.
(4) Other Requirements. All development in the LLI Zone is subject to compliance with the following special regulations:
(a) Aviation Regulations. Development applications must comply with applicable Federal Aviation Administration (FAA) regulations concerning building heights, lighting, emissions, water features, and other land development and use limitations. The Madras Community Development Director shall be consulted to establish the list of applicable FAA regulations.
(b) Floodplains. Development in a floodplain must meet Federal Emergency Management Agency (FEMA) and related City Zoning Ordinance regulations for development in identified hazard areas.
(c) All land uses and development in the LLI Zone shall be consistent with the following plans:
(i) The current Madras Municipal Airport Master Plan.
(ii) The current City of Madras Wastewater Master Plan.
(iii) The current City of Madras Transportation System Plan.
(iv) The current Industrial Site Readiness Plan.
(d) Natural Features. Natural features including, but not limited to, jurisdictional wetlands, rock outcroppings, and Goal 5 resources shall not be developed.
(e) Master Development Plan. Each traded sector use within the LLI Zone on a site ten (10) acres or larger must first prepare and secure approval for an LLI master plan meeting the requirements of this section. Subsequent site plan applications within the LLI master planned area must either adhere to the approved LLI master plan or submit an amendment to the LLI master plan.
(i) Required Elements.
(A) Development Narrative. The applicant shall supply a narrative describing the proposed traded sector use, site needs, the area to be included within the LLI master plan, and any other development proposed or contemplated within the proposed master plan area.
(B) Master Plan Map. The applicant shall provide a map of the master planned area showing the proposed configuration of lots within the master planned area, the location of proposed uses, the location of natural features to be designated as protected open space, and the configuration of streets, driveways, and other transportation facilities. The master plan map shall require an amendment if a different use, transportation layout, lot configuration, or other significant deviations are proposed.
(C) Street Connectivity and Trail Networks. A transportation plan for local streets, bicycle routes, pedestrian paths, and other transportation facilities within the LLI master planned area shall be prepared. The transportation plan shall be consistent with both the City and County transportation system plans, adopted as part of their respective comprehensive plans, and shall provide connections to planned or existing transportation facilities on properties adjacent to the LLI master planned area.
(D) Utility Needs Analysis. The plan shall include an analysis of the anticipated utility demand for all planned development in the LLI master planned area for wastewater, stormwater, potable water, power, telecommunications, natural gas. The applicant shall also prepare a utility plan setting forth the utility infrastructure, with locations and specifications meeting the Public Improvement Standards, necessary to support development proposed as part of the LLI master plan.
(E) Transportation Analysis. The applicant shall submit a transportation impact analysis consistent with the requirements set forth in the TSP demonstrating that the proposed development can be safely and efficiently served by existing or proposed transportation facilities.
(ii) Approval Criteria.
(A) The uses proposed are permitted within the LLI Zone.
(B) Proposed lots within the LLI master planned area meet the development standards in Table 18.15.130-2.
(C) There is adequate capacity in existing facilities (water, sewer, stormwater, and transportation), or sufficient upgrades or new facilities are proposed, to serve proposed development within the LLI master planned area.
(D) The LLI master plan is consistent with the requirements in subsection (4)(a) through (c) of this section.
(iii) Review Procedure. The LLI master plan shall be reviewed at a public hearing before the Planning Commission, who will make a final decision. Amendments to the LLI master plan that do not create additional lots, affect the amount of designated open space, or increase the overall intensity of development permitted under the LLI master plan may be approved administratively by the Community Development Director. Any other amendments, or at the election of the Community Development Director for changes subject to administrative review, shall follow the procedure for adoption of the LLI master plan. The approval criteria for a modification shall be limited to those approval criteria for the LLI master plan that require different findings on account of the proposed modification.
(iv) Conditions of Approval. The City may impose any conditions of approval necessary to achieve compliance with the approval criteria or to otherwise protect the health, safety, and welfare of the community.
(v) Subsequent Development. Any structures developed or modified (with the exception of incidental accessory structures such as sheds, utility enclosures, etc.), change of use, or outdoor use proposed within the master planned area shall be subject to site plan approval pursuant to Section 4.8 and shall be evaluated for compliance with Section 4.8, the LLI master plan, and the standards set forth in this section. Partition, subdivision, or property line adjustment approvals will also be required to divide or reconfigure the lots within the master planned area.
(f) No land zoned LLI may be rezoned to another City zone within ten (10) years of its initial LLI designation.
(5) Design Review. Development in the LLI Zone shall comply with the design review criteria for industrial development set forth in MDC 18.40.030.
(6) Conditions of Approval. In addition to any conditions of approval imposed as part of LLI master plan, site plan, conditional use, or any other concurrent approval, the following shall be mandatory conditions of approval for all development and uses within the LLI Zone:
(a) At all times:
(i) Development and uses will not adversely affect or interfere with airport operations and will be subject to applicable FAA regulations and any other federal airport authority, including, without limitation, the City’s grant assurances and requirements under 14 C.F.R. Part 77, as amended, and any applicable airport rules and regulations.
(ii) Development and uses will be subordinate to, and conducted in a manner that will not adversely affect and/or interfere with, airport-related flight operations and/or contribute to flight hazards, including, without limitation, the following: (A) emitting electronic interference with aircraft radio communications or electronic navigational aids; (B) inhibiting pilot visibility through, among other things, emission of smoke or vapor, the use of glaring lights, the use of lights that resemble a layout or color of a landing area, or the use of search lights or flash-type advertising signs; (C) creation of hazards which are dangerous to the safety of aircraft or flying in the vicinity of the airport; and/or (D) creating attractants of birds or wildlife that are hazardous to aircraft.
(iii) The City and the public shall have a right of flight for passage of aircraft in the airspace above the subject land together with the right to cause noise, vibration, dust, fumes, smoke, vapor, and other effects inherent in the navigation or flight of aircraft and/or operation of the airport.
(iv) Development and uses will not interfere with the operation and/or activities of the Airshow of the Cascades during airshow days and will otherwise comply with applicable airshow regulations.
(b) Prior to issuance of a certificate of occupancy:
(i) All buildings with bathroom facilities shall be connected to the City sewer system; or where applicable, connected to an approved septic drain field or alternative wastewater treatment system. Development that occurs within 300 feet of an existing City sewer must connect to the City sanitary sewer. Any structures requiring a building permit shall connect to the City water system and demonstrate compliance with fire-flow and fire protection requirements for the building. The City may authorize connections to an adjoining water system.
(ii) The development shall be connected to a permitted and operational on-site or off-site stormwater management system.
(iii) All required on-site and off-site transportation improvements have been completed. [Ord. 898 § 3 (Exh. D), 2017.]
This overlay designation is depicted on the Airport Approach and Clear Zone Map prepared by Tenneson Engineering Corporation and dated July, 1986.
(1) Purpose. This overlay designation is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety, and welfare of the people of the City of Madras and Jefferson County.
(2) Compliance. In addition to complying with the provisions of the primary zoning district, uses and activities must comply with the provisions of this overlay designation. In the event of any conflict between any provisions of this overlay designation and the primary zoning district, the more restrictive provisions shall apply.
(3) Permitted Uses Within the Airport Approach Safety Zone.
(a) Landscape nursery, cemetery, or recreation areas which do not include buildings or structures.
(b) Roadways, parking areas, and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. Approach surfaces must clear these areas by a minimum of 15 feet.
(c) Pipeline.
(d) Underground utility wire.
(4) Conditional Uses within the Airport Approach Safety Zone.
(a) Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
(i) Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
(ii) Making it difficult for pilots to distinguish between airport lights or others.
(iii) Impairing visibility.
(iv) Creating bird strike hazards.
(v) Endangering or interfering with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(vi) Attracting large numbers of people.
(b) Public service or utility facilities requiring no structures.
(5) Procedures. An applicant seeking a conditional use under subsection (4) of this section must provide the following findings in addition to the conditional use criteria:
(a) Property boundary lines as they relate to the airport imaginary surfaces.
(b) Location and height of all existing and proposed buildings, structures, utility lines, and roads.
(c) A statement from the Oregon Department of Aviation indicating that the proposal will not interfere with operation of the landing facility.
(6) Limitations – Construction or Alteration Requiring Notice.
(a) Each airport sponsor who proposes any of the following construction or alterations must notify the City Administrator.
(i) Any construction or alteration of more than 200 feet in height above ground level at its site.
(ii) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:
(A) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with at least one runway more than 3,200 feet in actual length, excluding heliports.
(B) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with its longest runway no more than 3,200 feet in actual length, excluding heliports.
(C) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in subsection (6)(a)(v) of this subsection.
(iii) Any highway, railroad, or other traverse way for mobile objects of a height, which if adjusted upward 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where overcrossings are designed for a minimum of: (1) 17 feet vertical distance, 15 feet for any other public roadway, 10 feet, or the height of the highest mobile object that would normally traverse the road, whichever is greater; (2) a private road, 23 feet for a railroad; and (3) a waterway or any other traverse way, not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of subsection (6)(a) or (6)(b) of this section.
(iv) When requested by the FAA, any construction alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of subsection (6)(a)(iii) of this section.
(v) Any construction or alteration on any of the following airports (including heliports):
(A) An airport that is available for public use and is listed in the Airport Directory of the current Airman’s Information Manual or in either the Alaska or Pacific Airman’s Guide and Chart Supplement.
(B) An airport under construction that is the subject of a notice or proposal on file with the Federal Aviation Administration and, except for military airports, it is clearly indicated that the airport will be available for public use.
(C) An airport that is operated by a branch of the armed forces of the United States.
(b) Each airport sponsor who proposes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section and is advised by an FAA regional office that a supplemental notice is required must submit that notice on a prescribed form to be received by the FAA regional office at least 48 hours before the start of the construction or alteration.
(c) Each airport sponsor who undertakes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section must, within five days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having jurisdiction over the area involved, if:
(i) The construction or alteration is more than 200 feet above the surface level of its site; or
(ii) An FAA regional office advises that submission of the form is required.
(7) Construction or Alteration Not Requiring Notice.
(a) No person is required to notify the City Administrator for any of the following construction or alteration:
(i) Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(ii) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.
(iii) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the City Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose.
(iv) Any construction or alteration for which notice is required by any other FAA regulation.
(8) Form and Time of Notice.
(a) Each person who is required to notify the City Administrator must send one executed set of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices.
(b) The notice must be submitted at least thirty (30) days before the earlier of the following dates:
(i) The date the proposed construction or alteration is to begin.
(ii) The date an application for a construction permit is to be filed; however, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing.
(c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption.
Each notice submitted under the pertinent provisions of Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing directed to meeting this burden.
Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.
(d) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30-day requirement in subsection (8)(b) of this section does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within five days thereafter. Outside normal business hours, emergency notice by telephone or telegraph may be submitted to the nearest FAA flight service station.
(e) Each person who is required to notify the City Administrator must send an executed copy of FAA Form 7460-2, Notice of Actual Construction or Alteration, to the Manager Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. [Ord. 933 § 3.13, 2019. Formerly 18.15.130.]
(1) Purpose. The Medical Overlay (MO) identifies areas within the City designated for the development and expansion of hospitals, clinics, and related health care facilities and is structured to achieve the following objectives:
(a) To encourage the development of medical-related facilities in a controlled development framework;
(b) To provide for a variety of uses that may co-depend and/or support hospitals, clinics, and related health care facilities;
(c) To protect such areas from encroachment of incompatible land uses that may have an adverse impact on the operation and future expansion of hospitals, clinics, and related health care facilities;
(d) To allow existing uses within the overlay boundary, which are not hospitals, clinics, and related health care facilities to remain conforming to the underlying zoning regulation; and
(e) To protect uses other than hospitals, clinics, and related health care facilities both adjacent to and within the Medical Overlay from adverse impacts of development allowed within the Medical Overlay through such measures as regulating building height and mass and requiring adequate off-street parking, landscape buffers, fencing, attractive open space, yard areas, and other design features.
(2) Boundary Location. The Medical Overlay boundary location includes the following identified properties:
Map #11-13-01CA | Tax Lots | #1800 | #2201 |
#2000 | #2202 | ||
#2200 | #2203 | ||
Map #11-13-01CD | Tax Lots | #100 | #900 |
#101 | #901 | ||
#102 | #904 | ||
#500 | #905 | ||
#600 | #906 | ||
#601 | #1000 | ||
#700 | #1100 | ||
#800 | |||
Map #11-13-01DC | Tax Lots | #100 | #104 |
#101 | #200 | ||
#102 | #2800 | ||
#103 | #2802 |
(3) Permitted Uses.
(a) Assisted living facilities.
(b) Adult care complex.
(c) Emergency services.
(d) Health services.
(e) Helicopter landing pad.
(f) Hospice.
(g) Hospitals.
(h) Medical-related ancillary uses.
(i) Medical-related offices.
(j) Medical-related uses.
(k) Mixed-use medical.
(l) Nursing homes.
(m) Residences for temporary occupancy.
(n) Residential home and residential care facilities.
(o) Apartments must meet the special storage required in MDC 18.30.190(4)(j).
(4) Special Requirements.
(a) Master Planning.
(i) Applications for the development of permitted uses within the Medical Overlay must include a master plan and narrative for the entire site. The master plan must include all items required by the site plan review process including, but not limited to, all existing and proposed uses, buildings, structures, and easements.
(ii) The master plan must be prepared to reduce and minimize any identified negative impacts of the proposal on adjacent nonmedical uses and ensure the livability of residential areas surrounding the development.
(iii) Medical overlay master plans are not subject to other requirements for master planning set forth in this Development Code.
(b) Modification of Medical Overlay Master Plan.
(i) Major modifications to the approved master plan, which will alter the scope or character of the project, will require a modification of approval and site plan review by the Community Development Director.
(ii) Minor modifications to the approved master plan, which do not alter the project’s scope or character, may be approved by the Community Development Director but shall not require a new site plan approval.
(c) Notification for Master Plans and Modification to Master Plans.
(i) Notification. A notification shall be sent to all property owners within 500 feet of the proposed development site for all permitted uses.
(ii) Notification for Helicopter Landing Pads. A notification shall be sent to all property owners within 1,500 feet of the property where a helicopter landing pad site is proposed. Such notice shall comply with the provisions of MDC 18.80.110(2).
(d) Development Standards. In addition to meeting the requirements for site plan review, development within the Medical Overlay is subject to the following:
(i) All lighting must be shielded to prevent light from shining directly onto adjacent residential property. Lighted poles must not exceed 20 feet in height.
(ii) Signs must be in accordance with the City’s current sign ordinance.
(iii) Setback Requirements.
(A) Front Setback. The front setback is zero feet unless abutting a property outside of the Medical Overlay or a single-family dwelling within the Medical Overlay in which case the front setback is a minimum of 12 feet plus an additional one-half (½) foot for each one foot of building height above 20 feet.
(B) Side and Rear Setbacks. The side and rear setbacks are zero feet unless abutting a property outside of the Medical Overlay or a single-family dwelling within the Medical Overlay, in which case the side and rear setbacks are a minimum of 10 feet plus an additional one-half (½) foot for each one foot of building height above 20 feet.
(iv) Landscaping must meet the landscaping standards.
(v) Apartments must have a minimum lot size of 12,000 square feet for the initial four dwelling units plus 2,000 square feet for each additional dwelling unit.
(5) Existing Nonmedical Uses. Uses existing prior to adoption of the MO that are not included in subsection (3) of this section may continue, are not subject to any of the provisions of this section, and are not otherwise considered nonconforming on account of the MO. [Ord. 943 §1.1 (Exh. A), 2020; Ord. 933 § 3.14, 2019. Formerly 18.15.140.]
(1) Purpose. The purpose of the Master Planned Development Overlay is to foster the creation of complete communities with a range of land uses and housing types, permit the application of innovative designs, and to allow greater freedom in land development and flexibility in development standards than may be possible under the strict application of the applicable zoning provisions of this code. In permitting such design and development freedom, the intent is to encourage more efficient uses of land and public facilities and services, to address the community’s need for a variety of housing, employment, commercial, and recreational opportunities (particularly public recreational amenities) and to maintain the highest reasonable quality living environment. An approved master development plan guides future development of the subject site. All future land use approvals and development (e.g., subdivision approval) for the subject site must be in accordance with the guidelines established in the approved master development plan.
(2) Applicability. As an overlay zone, the Master Planned Development Overlay provisions may be applied in any zone to properties subject to a master plan approved in accordance with Chapter 18.55 MDC. [Ord. 933 § 3.15, 2019. Formerly 18.15.150.]
Use Zones
Unless otherwise specified, zoning district boundaries are lines that may also be identified as lot lines, centerlines of streets, alleys, canal or railroad rights-of-way, watercourses, ridges or rimrocks, or other readily recognizable or identifiable natural features. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map, the following regulations shall control:
(1) Where a zoning district boundary line is indicated as following a street, alley, canal, or railroad right-of-way, it shall be construed as following the centerline of such right-of-way.
This Development Code hereby establishes the following land use zoning districts and overlay designations. Overlay designations establish supplemental regulations that supersede any conflicting regulation applicable to the primary zoning district. They are as follows:
ZONE | DESIGNATION |
|---|---|
Moderate Density Residential | R-1 |
Higher Density Residential | R-2 |
Planned Residential Development | R-3 |
Corridor Commercial | C-1 |
Downtown Commercial | C-2 |
Community Commercial | C-3 |
Neighborhood Commercial | NC |
Mixed-Use Employment | MUE |
Industrial | I |
Open Space/Public Facilities | OS/PF |
Airport Development | AD |
Large Lot Industrial | LLI |
OVERLAY | DESIGNATION |
|---|---|
Airport Overlay | AO |
Medical Overlay | MO |
Master Planned Development Overlay | MPC |
Flood Hazard Area | FH |
[Ord. 968 § 2.5 (Exh. E), 2022; Ord. 933 § 3.1, 2019; Ord. 898 § 3, 2017.]
The boundaries of the zones listed in this Development Code are indicated on the Madras Zoning Map, which is hereby adopted by reference. The boundaries may be modified in accordance with Zoning Map amendments pursuant to this section and will be adopted by reference. [Ord. 933 § 3.2, 2019.]
Unless otherwise specified, zoning district boundaries are lines that may also be identified as lot lines, centerlines of streets, alleys, canal or railroad rights-of-way, watercourses, ridges or rimrocks, or other readily recognizable or identifiable natural features. Whenever any uncertainty exists as to the boundary of a zone as shown on the Zoning Map, the following regulations shall control:
(1) Where a zoning district boundary line is indicated as following a street, alley, canal, or railroad right-of-way, it shall be construed as following the centerline of such right-of-way.
(2) Where a zoning district boundary line follows or approximately coincides with a section line, lot, or property ownership line, it shall be construed as following such line.
(3) If a lot is split with two or more zoning district boundaries, the primary or predominant (which covers a majority of the lot) zoning district shall be the governing zone. The Community Development Director shall determine the governing zone. [Ord. 933 § 3.3, 2019.]
(1) Purpose Statements.
(a) The intent of the R-1 zone is to create, maintain, and promote residential neighborhoods, including:
(i) To provide for larger lot sizes; and
(ii) To allow a broad range of housing types while providing for essential development and design standards.
(b) The intent of the R-2 zone is to create, maintain, and promote residential neighborhoods with a mix of uses that serve as a buffer between commercial and residential zones, including:
(i) To provide multi-unit dwellings and middle housing in close proximity to existing commercial uses to provide for easier access to goods and services for residents; and
(ii) To allow a broad range of housing types while providing for essential development and design standards.
(c) The intent of the R-3 zone is to recognize and enhance areas of scenic quality and view amenities, including:
(i) To allow for flexibility in project design while providing for essential development standards;
(ii) To encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources;
(iii) To provide for projects which are compatible with surrounding developments; and
(iv) To facilitate circulation systems designed to be efficient and well-integrated with the City’s overall circulation system without dominating the project.
(2) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission and subject to site plan approval, and to all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.040-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in residential zones is set forth in MDC Table 18.15.040-1.
Table 18.15.040-1. Uses in the R-1, R-2, and R-3 Zones
Uses | R-1 | R-2 | R-3 | Limitations and qualifications |
|---|---|---|---|---|
Residential living | P | P | P | See MDC Table 18.15.040-2 for permitted housing types. |
Residential home facilities | P | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Residential care facilities | X | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Accessory structure | P/C | P/C | P/C | Accessory structures under 950 square feet are outright permitted; accessory structures 950 square feet or over require conditional use approval. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit. |
Bed and breakfast | C | C | C | See MDC 18.30.080. |
Churches | C | C | C | |
Day care | P | P | P | |
Home occupations | C | C | C | See MDC 18.30.090. |
Lodges or civic organizations | C | C | X | |
Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes, or convalescent homes | C | C | X | Medical and dental clinics, hospitals, sanitariums, rest homes, homes for the aged, nursing homes or convalescent homes are defined conditional uses. |
Model homes | P | P | P | Allowed only after construction plans have been approved by the City Public Works Director; occupancy and use are prohibited until documentation has been received by the City Public Works Director that the utilities have been connected. |
Public buildings | C | C | X | Such as libraries, fire stations, police stations, offices for governmental uses, museums, and schools. Libraries, fire stations, museums, and schools are the only conditional uses permitted in the R-1 zone. Schools are the only conditional use permitted in the R-3 zone. |
Public parks, recreation areas, and community centers | P | P | P | Subject to site plan review. |
Public utilities, except for communication towers | C | C | X | Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission. |
(3) Housing Types.
(a) Types of Housing Units. For the purposes of this section, all types of permitted housing are listed in MDC Table 18.15.040-2 below. See MDC 18.05.030, Definitions, for specific descriptions of the housing types listed in the table. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lawfully established lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.040-3 can be met.
Table 18.15.040-2. Housing Types in the R-1, R-2, and R-3 Zones
Residential Use Category | R-1 | R-2 | R-3 | Limitations and qualifications |
|---|---|---|---|---|
Accessory dwelling unit | P | P | P | (a) Permitted in conjunction with one single detached dwelling. |
Townhouse | P | P | P | (a) See MDC 18.30.191, Townhouse design and development standards. (b) See MDC 18.30.190, Residential design standards. |
One to three dwelling units, attached or detached | P | P | P | (a) Permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) See MDC 18.30.190, Residential design standards. |
One to four dwelling units, attached or detached | P | P | P | (a) Permitted on lots 7,500 square feet or greater. (b) See MDC 18.30.190, Residential design standards. |
Cottage cluster | P | P | P | (a) See MDC 18.30.192, Cottage cluster design and development standards. (b) See MDC 18.30.190, Residential design standards. |
Apartments | P | P | P | (a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in R-1. (b) Permitted on lots 6,000 square feet or greater (first four units) plus 1,950 square feet for each additional dwelling unit in R-3. (c) Apartments in the R-1 zone are limited to no more than four units per structure, no more than 30 feet in height, no single façade on any single structure may exceed a width of 60 feet, and no more than 24 units in total. (d) See MDC 18.30.190, Residential design standards. |
(4) Development Standards. In the R-1, R-2, and R-3 zones, the development standards in MDC Table 18.15.040-3 apply. The standards in MDC Table 18.15.040-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.
Table 18.15.040-3. Development Standards in the R-1, R-2, and R-3 Zones
Standard | Residential Zones | Limitations and Qualifications | ||
|---|---|---|---|---|
R-1 | R-2 | R-3 | ||
A. Lot Size Requirements | ||||
1. Minimum lot size (square feet) | 7,500 | 7,500 | 6,000 | Minimum lot size in this table applies to all new lots of record except for lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.040-2 above. |
2. Maximum lot coverage (fifty percent of total lot area) | 50% | 50% | 50% | See definition of lot coverage in MDC 18.05.030, Definitions, for explanation of what portions of a building on a lot are included. |
3. Minimum density (dwelling units per gross acre) | 4 | 4 | 6 | A land division with the residential zones may create a remainder development lot in excess of one-half (1/2) acre only if approved as part of a phased subdivision. |
4. Maximum density (see definition in MDC 18.05.030) | 7.3 | 21.7 | 21.7 | |
B. Development Standards | ||||
1. Minimum setbacks (feet) | ||||
a. Front | 12 | |||
b. Side | 5 | In the R-3 zone, apartments must be set back 15 feet from side and rear property lines. | ||
c. Rear | 5 | |||
d. Garage loaded from a street | 20 | |||
e. Garage loaded from an alley | 0 or 20 | If off-street parking spaces are provided in front of garage, they must be of adequate length to accommodate a full vehicle length to avoid overhang in the right-of-way. | ||
2. Building height | ||||
a. Minimum building height (feet) | none | |||
b. Maximum building height (feet) | 35 | 45 | ||
3. Side yard height plane (feet) | ||||
a. Maximum height at minimum required side yard depth (feet) | 20 | 25 | 20 | For illustration of the side yard height plane development standard, see MDC 18.05.030, Definitions. |
b. Slope of plane (degrees) | 45 | 45 | 45 | |
(5) Design Standards. All new one to four dwelling units, accessory dwelling units, townhouses, cottages, and apartments must comply with the design standards found in MDC 18.30.190. Townhomes, apartments, and cottages must also comply with design standards in MDC 18.40.020, Site plan review, and MDC 18.40.030(7), Standards for Approvals for Needed Housing. Additional design standards apply to townhouses and cottage clusters. See MDC 18.30.191 and 18.30.192. Expansions of structures that add area to any street-facing façade are subject to MDC 18.30.190(3)(b)(i). Remodels that convert an attached garage are subject to MDC 18.30.190(3)(b)(ii).
(6) Off-Street Parking Regulations.
(a) See MDC Table 18.25.050-1, Required Vehicle Parking.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system if the structure is within 300 feet of an existing public sewer line.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(10) Lighting. All lighting must comply with the outdoor lighting standards. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.5 (Exh. E), 2022; Ord. 955 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. B), 2020; Ord. 933 § 3.4, 2019.]
Repealed by Ord. 968. [Ord. 955 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. B), 2020; Ord. 933 § 3.5, 2019.]
Repealed by Ord. 968. [Ord. 945 § 2 (Exh. B), 2020; Ord. 943 §1.1 (Exh. A), 2020; Ord. 933 § 3.6, 2019.]
(1) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to zoning review or site plan approval, as applicable, and to all of the applicable provisions of this code. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission, is subject to site plan approval, and must comply with all of the applicable provisions of this code. The conditional use specific approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.070-1, or which are deemed to be similar uses pursuant to MDC 18.80.320, are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in commercial zones is presented in MDC Table 18.15.070-1.
Table 18.15.070-1. Uses in the C-1, C-2, and C-3 Zones
Uses | C-1 | C-2 | C-3 | Limitations and qualifications |
|---|---|---|---|---|
Residential living | X | P | P | See MDC Table 18.15.070-2 for permitted housing types. In the C-1 zone dwellings in existence prior to July 25, 2006, are nonconforming uses subject to MDC 18.50.010. |
Residential home facilities; residential care facilities, boarding houses | X | P | P | In accordance with ORS 197.665 (e.g., adult foster care). |
Accessory structure | P | P | P | If not included as part of a site plan review, accessory structures under 950 square feet are permitted through zoning review, provided they meet the design standards for development in the C-2 and C-3 zones; accessory structures of 950 square feet or more are subject to site plan review. Shipping containers, rail cars, semi-trailers and similar structures may not be used for temporary (or permanent) storage on parcels occupied by a dwelling unit. |
Bakeries | P | P | P | Includes similar food processing where goods are to be sold primarily on site and to the general public. |
Bed and breakfast | X | X | X | |
Bulk fuel facilities | X | X | X | |
Churches | P | P | P | |
Commercial storage facility | C | X | X | Subject to the provisions of MDC 18.30.180. |
Day care | P | P | P | |
Eating and drinking establishments | P | P | P | Eating and drinking establishments including drive-throughs/drive-ins are permitted in C-1, not permitted in C-2, and are a conditional use in C-3. Drive-through/drive-in facilities subject to standards in MDC 18.30.160. |
Entertainment uses | P | P | P | Such as theaters and indoor amusement, e.g., bowling alleys and similar uses. |
Governmental uses | P | P | P | Such as City Hall, fire stations, police stations, and offices for governmental agencies |
Home occupations | X | P | P | See MDC 18.30.090. Must be located in a lawfully established dwelling. |
Light manufacturing | C | C | C | Such as small-scale crafts, electronic equipment, furniture, similar goods when in conjunction with retail. |
Lodges or civic organizations | P | P | P | |
Marijuana retailer | P | P | P | Marijuana businesses must meet the requirements of MDC 18.30.140. |
Marijuana testing laboratories | P | P | P | |
Medical marijuana dispensary | P | P | P | |
Model homes | X | X | X | |
Mortuary, crematorium | P | C | P | |
Office uses | P | P | P | Includes medical and dental offices, clinics, and laboratories. |
Public buildings | P | P | P | Such as libraries, museums, community centers, and concert halls. |
Public parks, recreation areas, and community centers | P | P | P | |
Public parking lots and facilities | P | P | P | |
Public utilities, except for communication towers | P | P | P | Necessary public utilities and public services with safeguards against harm to adjacent or abutting residential property as required by the Planning Commission. |
Retail trade and services | P | P | P | Vehicle-oriented retail trade and services are not permitted in C-2 zone. |
Schools | C | C | C | |
Temporary uses | P | P | P | Subject to the provisions of MDC 18.30.010. |
Veterinary clinics | C | P | P |
Notes:
1Notwithstanding anything to the contrary, conditional use approval is required if a commercial use abuts or is otherwise within 50 feet, measured from property line to property line at the closest points, of a residential zone and is larger than 10,000 square feet and/or 40 feet or taller.
(2) Housing Types.
(a) Types of Housing Units. For the purposes of this section, the types of permitted housing are listed in MDC Table 18.15.070-2 below. Minimum lot sizes noted for specific housing types apply only to new lots of record. Existing nonconforming lots are permitted to develop housing types permitted in the applicable zone as long as all development standards in MDC Table 18.15.070-3 can be met.
Table 18.15.070-2. Housing Types in the C-1, C-2, and C-3 Zones
Residential Use Category | C-1 | C-2 | C-3 | Limitations and qualifications |
|---|---|---|---|---|
Accessory dwelling unit | P | P | P | (a) Permitted in conjunction with existing single detached dwelling. |
Townhouse | X | P | P | (a) Permitted on lots 1,500 square feet or greater. (b) No more than six consecutive townhouses that share a common wall(s) or a total street-facing width not to exceed 150 feet, whichever is less. A set of six townhouses with common walls is allowed to be adjacent to a separate set of six townhouses with common walls. (c) See MDC 18.30.191, Townhouse design and development standards. |
One to four dwelling units, attached or detached | X | P | P | (a) One to three units are permitted on lots 5,000 square feet or greater, per MDC 18.50.030. (b) One to four units are permitted on lots 7,500 square feet or greater. (c) See MDC 18.30.190, Residential design standards. (d) Notwithstanding anything herein to the contrary, no standalone detached single-unit dwellings are permitted in the C-2 or C-3 zones. Existing standalone detached single-unit dwellings in C-1, C-2, and C-3 zones are nonconforming uses subject to MDC 18.50.010. |
Cottage cluster | X | P | P | (a) Permitted on lots 7,500 square feet or greater. Single detached cottages permitted on lots 1,500 square feet or greater, when dwelling is a cottage and is part of a cottage cluster that meets all the requirements of a cottage cluster. (b) See MDC 18.30.192, Cottage cluster design and development standards. |
Apartments | X | P | X | (a) Permitted on lots 7,500 square feet or greater (first four units), plus 1,000 square feet for each additional dwelling unit in C-2 zone. (b) See MDC 18.30.190, Residential design standards. (c) See MDC 18.40.030(7), Standards for Approvals for Needed Housing. |
(3) Development Standards. In the C-1, C-2, and C-3 zones, the development standards in MDC Table 18.15.070-3 apply. The standards in MDC Table 18.15.070-3 are not applicable to cottage cluster development or townhouse development. See development standards for these housing types in MDC 18.30.191 and 18.30.192.
Table 18.15.070-3. Development Standards in the C-1, C-2, and C-3 Zones
Standard | Commercial Zones | Limitations and Qualifications | ||
|---|---|---|---|---|
C-1 | C-2 | C-3 | ||
A. Lot Size Requirements | ||||
1. Minimum lot size (square feet) | N/A | 7,500 | N/A | Minimum lot size applies to all new lots of record other than lots created as part of townhome or cottage cluster developments. For permitted housing types on this lot size see MDC Table 18.15.070-2 above. See MDC 18.50.030. |
2. Minimum street frontage requirements (feet) | N/A | 25 | ||
B. Development Standards | ||||
1. Minimum setbacks (feet) | ||||
a. Front | None, except structure(s) must not be < 10 from the property line where the commercial lot line abuts residentially zoned parcels. | No minimum setback. | ||
b. Side | ||||
c. Rear | ||||
2. Maximum setbacks (feet) | N/A | 5 | 5 | This standard is met when 100% of the front building elevation is placed no more than five feet back from the front property line. On parcels with more than one building, this standard applies to the largest building. The setback standard may be increased when a usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area, or seating area) is provided between the building and front property line. On through lots (lots with front and rear frontage on a street), this standard applies only to the designated front setback. |
3. Building height | ||||
a. Minimum building height (feet) | N/A | 20 | N/A | |
b. Maximum building height (feet) | 45 | |||
4. Minimum density (see definition in MDC 18.05.030) | N/A | 12 | 12 | Only applies to standalone residential uses. There is no maximum density. |
5. Landscaping, minimum percentage of lot | 15% | 10% of any off-street parking area | 10% of any off-street parking area | All residential uses in the C-2 and C-3 zones other than cottage cluster developments must also provide 50 square feet per dwelling unit for passive use, such as patios (ground level or rooftop), decks, balconies, etc. |
(4) Parking Regulations. Parking must meet the requirements of MDC 18.25.050.
(5) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(6) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to any adjoining water system.
(7) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(8) Lighting. All lighting must comply with the outdoor lighting standards.
(9) Outdoor Storage, Trash Collection, and Loading Areas. Must comply with the outdoor storage, trash collection and loading area standards in MDC 18.25.110.
(10) Landscaping and Screening. All landscaping and screening must comply with the landscaping standards.
(11) Design Review. Permitted residential uses are allowed outright. They are subject to design standards in MDC 18.30.190. Townhouses and cottage clusters are subject to additional design standards above and beyond MDC 18.30.190. See MDC 18.30.191 and 18.30.192. All development in the commercial zones is subject to the Design Review Standards as applicable. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.5 (Exh. E), 2022; Ord. 933 § 3.7, 2019.]
(1) Purpose. The City’s goal is to provide the community with a location for people to gather and create a local business center alongside and among residential areas. This section provides standards for the orderly improvement and expansion of a Neighborhood Commercial District (NC) based on:
(a) Efficient use of land and urban services;
(b) A mixture of land uses to encourage walking as an alternative to driving, and to provide more employment and housing options;
(c) Provision of both formal and informal community gathering places;
(d) Connecting neighborhoods with employment areas; and
(e) Reducing reliance on the use of automobiles and parking needs in the commercial district. Transportation improvements (or emergency measures) to allow for normal operation, maintenance, and/or repair of existing transportation facilities, and project(s) identified within the adopted Transportation System Plan are allowed outright.
(2) Permitted Uses.
(a) Retail trade establishments in which the operation takes place solely within an enclosed building.
(b) Business or professional offices.
(c) Public parks, recreation areas, and community centers.
(d) Building, roof, and wall-mounted antennas for cellular, personal communication service, and similar radio services (see MDC 18.30.130).
(3) Conditional Uses.
(a) Retail trade establishments where any part of the operation takes place outside an enclosed building.
(b) Residential occupancies located on the second floor of a commercial structure, provided there is an existing or proposed commercial use on the ground floor of the structure.
(c) Lodges for civic or fraternal organizations.
(d) Churches.
(e) Apartments.
(f) Residential care facilities in accordance with ORS 197.665 (e.g., adult foster care).
(4) Setback Requirements.
(a) Front Setback. The minimum depth of a proposed structure from the front setback is 12 feet from the front property line.
(b) Side and Rear Setbacks. No requirements.
(c) Corner Setback. For a lot with more than one property line abutting a street, proposed structure(s) must be at least 12 feet from the property lines.
(5) Height of Building. No structure may exceed a height of 35 feet when measured from the ground to the peak of the roof.
(6) Parking Regulations. Must meet the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(10) Lighting. All lighting must comply with the outdoor lighting standards.
(11) Landscaping. All landscaping must comply with the landscaping standards.
(12) Design Review. All development in the NC Zone is subject to the Design Review Standards as applicable. [Ord. 933 § 3.8, 2019.]
(1) Purpose. The purpose of the Industrial Zone is to fulfill the industrial and economic development policies of the Madras Comprehensive Plan and support a diverse economy in a business-friendly environment. The zone is intended to provide suitable locations for a range of light and heavy industrial uses and jobs in the core economic sectors of agricultural and mining industries, aviation and aeronautics, trucking and transportation, warehousing, manufacturing of wood, high-tech electronics, and other products. Industrial Zone development standards are intended to guide orderly development and provide appropriate design elements to enhance the community and create a quality environment for employees.
(2) Uses.
(a) Types of Uses. For the purposes of this section, there are three types of uses:
(i) A permitted use (P) is a use which is permitted outright subject to site plan approval and to all of the applicable provisions of this section. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(ii) A conditional use (C) is a use which must be approved at the discretion of the Planning Commission and subject to site plan approval. The approval process and criteria are set forth in Chapter 18.65 MDC. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of MDC 18.80.320.
(iii) A prohibited use (X) is one which is expressly prohibited in the zone. In addition, uses not specifically listed as permitted or conditional in MDC Table 18.15.090-1 or deemed to be similar uses pursuant to MDC 18.80.320 are also prohibited.
(b) Use Table. A list of permitted, conditional, and prohibited uses in the Industrial Zone is presented in MDC Table 18.15.090-1.
Table 18.15.090-1. Uses in the Industrial Zone (I)
Use | Type of Use (P, C, X) |
|---|---|
Electronics firms and high-tech industry | P |
Manufacturing and production, secondary processing, fabricating, assembly, processing, packaging or storage, repairing, distribution, and warehousing of the following: | P |
Wood products and secondary wood products | P |
Steel and structural steel products, foundries, and machine shops | P |
Food processing, including canning, freezing, drying, dairy products and similar food processing and preserving, and beverage bottling facilities, but excluding processes which involve the slaughter of animals | P |
Textile mill products, including apparel and other finished products made from fabrics and similar materials | P |
Recreation and sporting goods equipment | P |
Furniture and fixtures, including retail wood products | P |
Printing and publishing and allied industries | P |
Rubber and miscellaneous plastics | P |
Leather and leather goods, excluding a tannery | P |
Cement, glass, clay, and stone products | P |
Fabricated metal products | P |
Electrical and electronic equipment, machinery, and supplies, but excluding batteries | P |
Energy-related products | P |
Measuring, analyzing, and controlling instruments; photographic, medical, dental, orthopedic and optical goods; watches and clocks | P |
Freight terminals, including loading docks, storage, warehousing and wholesale distribution, cold storage lockers, and commercial storage facilities | P |
Experimental, research, testing, or development facilities | P |
Warehouse and freight movement, transportation terminals, trucking and freight yards | P |
Corporation headquarters and business offices directly related to industry | P |
Aircraft service, maintenance, and aviation-related industry | P |
Public or semi-public uses, including fire, police, or other governmental buildings | P |
Public utility facilities (does not include communication towers) | P |
Automotive repair, body and fender works, paint, and upholstery shops | P |
Lumber yards and building material yards; contractor’s yards | P |
Ancillary uses (i.e., deli, tavern, mini-market, food carts in accordance with City standards, and retail sales subordinate to a permitted use) must: | P |
Be comprised of less than 30% of the total square footage of a building located in the Industrial zoning district; and | |
Be secondary to the primary use of the building; and | |
Be primarily for the use and convenience of the employees who work in the industrial area | |
Call centers | P |
Building roof and wall-mounted antennas for cellular, personal communications service, and similar radio services | P |
Marijuana production facility, marijuana processing facility, marijuana wholesale | P |
Marijuana businesses must meet the applicable requirements of MDC 18.30.140. | |
Industrial hemp processing and Production | P |
Industrial hemp uses must meet the applicable requirements of MDC 18.30.150. | |
Lumber yards and building material yards; contractor’s yards | P |
Incidental and necessary services such as child care facilities and recreational facilities for persons working in the Industrial zoning district, when conducted within an integral part of a main structure and having no exterior display or advertising | C |
Asphalt, redi-mix operations, concrete or concrete products manufacturing, including storage yards | C |
Communication towers (see MDC 18.30.130) | C |
Chemical or glue manufacturing or storage, including farm chemicals | C |
Reduction, refining, smelting, or alloying of metals, petroleum products, or ores | C |
Processing of recycled materials | C |
Vehicle storage yards or wrecking yards | C |
Explosives manufacturing or storage | X |
Garbage, offal, or dead animal reduction or dumping | X |
Residential | X |
Housing | X |
(3) Design Review. All industrial development is subject to the Design Review Standards.
(4) Outdoor Storage. Except for storage of large-scale and bulky products such as lumber and steel pipe, outside storage areas must be obscured from sight from the primary public street serving the development by a six-foot sight-obscuring fence, decorative wall, or landscaping that obscures the materials being stored.
(5) Lot Size Requirements.
(a) The minimum lot area is 5,000 square feet.
(b) The minimum lot width is 50 feet.
(6) Setback Requirements. None, unless:
(a) Front and Rear Setbacks. The minimum depth of a proposed structure from the front or rear setback is 10 feet where abutting a residential zone.
(b) Side Setbacks. The minimum depth of a proposed structure from a side setback is five feet where abutting a residential zone.
(c) Corner Setback. For a lot with more than one property line abutting a street, proposed structures must be at least 10 feet from the property lines.
(7) Height of Building. No structure may exceed a height of 45 feet without prior authorization from the Planning Commission and City Council.
(8) Parking Regulations. Parking must be provided in accordance with the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(9) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(10) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(11) Lighting. All lighting must comply with the outdoor lighting standards.
(12) Landscaping. All landscaping must comply with the landscaping standards. [Ord. 933 § 3.9, 2019.]
(1) Purpose. The purpose of the Mixed-Use Employment Zone is to provide land for the development of a variety of employment uses, including business and office parks, office buildings, service outlets, light manufacturing/assembly, wholesale trade and show rooms, warehouse/distribution, storage, trade schools, retail goods and services, and other commercial and light industrial uses that are commonly found in mixed-use employment districts. Single-family housing is not permitted as a standalone use but may be approved as an ancillary use. Given the potential within the zone for diverse uses to be constructed in close proximity to each other, design standards in the MUE Zone are intended to limit activities within buildings and design finishes that are inconsistent for the range of allowed uses.
(2) Uses.
(a) Permitted Uses. Uses permitted in the MUE Zone are listed in MDC Table 18.15.100-1, which is divided into uses permitted outright (P), uses permitted conditionally (C), and uses permitted as accessory to another allowed use (A). The Planning Commission may approve uses not listed as allowed in the MUE Zone in accordance with MDC 18.80.320.
Table 18.15.100-1. Uses in the Mixed-Use Employment Zone
Use Categories and Uses | Review |
|---|---|
Commercial | |
Day care facilities – establishments that provide for the daily care of children and adults with special needs, including before and after school care, child development facilities, and adult activity centers that do not include lodging. | C |
Drive-through facilities – when developed in conjunction with an allowed use. Examples include a coffee kiosk, food cart, bank drive-through, food take-out window, etc. | P |
Eating and drinking establishments – businesses primarily involved in the preparation and sale of food and beverages for on-site consumption or take-away, including bakeries, restaurants, coffee shops, brewpubs, taverns, sandwich shops, etc. | P |
General office – professional and administrative service uses, including banks, financial services, insurance, real estate, medical and dental clinics, professional services, call centers, and other employment uses that typically operate in an office setting. | P |
Medical facility – allowed uses include medical and dental offices, health care delivery service centers such as an urgent care center, hospice care, medical testing laboratory, and veterinary services. | P |
Personal and contract services – uses oriented toward the sale and delivery of personal services, including day spas, hair care, pet grooming, laundry and dry cleaning, printing, etc. | P |
Hotel/Motel – commercial lodging where tenancy is less than one month, including hotels, motels, bed and breakfasts, and truck stops. Does not include senior and retirement housing. | P |
Recreation and fitness – uses oriented to delivering youth and adult recreation activities, including dance and yoga studies, fitness centers, climbing gyms, martial arts centers, bowling alleys, soccer centers, movie theaters, skating rinks, etc. | P |
Repair-oriented – establishments engaged in the maintenance and repair of consumer and business goods, including electronics, automotive, bicycles, jewelry, cobblers, office equipment, tailors and seamstresses, upholsterers, aviation and marine equipment, etc. | P |
Retail sales and services – sales-oriented establishments involved in the sale, leasing, or rental of new or used products and services to the public, including car sales, home and business goods and services, pharmaceuticals, jewelry, hardware, household supplies and furnishings, electronics, clothing, dry goods, pet supplies and pets, office and art supplies, etc. | P |
Private schools – preschools, primary schools, secondary schools, colleges, and vocational schools. | C |
RV parks allowed subject to standards in MDC 18.30.040. | P |
Light Manufacturing and Production | |
Light manufacturing and production – uses engaged in the fabrication, manufacture, assembly, and packaging of goods for resale. 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. | P |
Trade services and storage – uses engaged in the storage, distribution, and resale of wholesale goods and bulk items, including warehousing and distribution and commercial storage facilities. | C |
Research and development – uses engaged in product or service research, including laboratories, testing facilities, design studios, and other research-oriented activities. | P |
Industrial hemp processing and production Industrial hemp uses must meet the applicable requirements of MDC 18.30.150. | P |
Public and Institutional | |
Utilities – public facilities and utility uses, such as utility substations, pump stations, data storage, etc. | C |
Communications towers – allowed subject to standards in MDC 18.30.130. | P |
Public schools – pre-schools, primary schools, secondary schools, colleges, and vocational schools. | C |
Police, fire, and other governmental uses. | P |
Residential | |
Caretaker residence or apartment for an allowed use. | A |
Other | |
Temporary uses subject to MDC 18.30.010. | P |
Public parking lots. | P |
Churches and places of worship. | P |
(b) Prohibited Uses.
(i) Motor sports training and competitive venues, bulk fuel storage, wrecking yards, solid waste handling, animal processing, chemical and petroleum processing, explosives manufacturing, asphalt/cement/rock crushing operations, commercial composting, and outdoor shooting/target ranges.
(ii) Outdoor fabrication, assembly, processing, or repair of goods and materials. This restriction does not apply to inventory stored outdoors, provided it meets screening requirements for outdoor storage (e.g., nursery stock).
(iii) Residential uses other than those allowed as accessory to an allowed use pursuant to MDC Table 18.15.100-1.
(3) Development Standards. The allowed mix of uses in the MUE Zone requires that new development be appropriately sited and operated in terms of building location, orientation to the street, vehicular access, the orientation of parking and loading docks, storage areas, and lighting so that uses remain compatible over time. Uses in the MUE Zone are subject to the following development standards.
MDC Table 18.15.100-2 summarizes development standards that apply in the MUE Zone. Standards are explained in detail below the table.
Table 18.15.100-2. Development Standards in the Mixed-Use Employment Zone
Design Standards | Unit |
|---|---|
Lot Standards | |
Minimum size | 5,000 sq. ft. |
Maximum size | None |
Street frontage | 50 ft. minimum |
Site Development | |
Setbacks | |
Front minimum | 10 feet |
Front maximum: | |
Building <5,000 sq. ft. | 60 feet |
>5,000 but <20,000 | 75 feet |
>20,000 sq. ft. | None |
Side* | None |
Rear* | None |
Lot coverage | |
Maximum | 85% |
Landscaping | Compliance with landscaping standards |
Parking | Parking must be consistent with Table 18.25.050-1 and the provisions of MDC 18.25.040 through 18.25.070. |
Parking lots | Landscaped buffers are required between parking aisles; 7% of a parking lot area must be landscaped. |
Loading docks | Must be located on the side or rear of a building and must not block a public street. |
Access and circulation | Site access and local circulation are subject to City of Madras Public Improvement Design and Construction Standards, Chapter 18.20 MDC. |
Building orientation | Main entrance oriented to the street or primary drive aisle. |
Cross-access | Easements are required between adjacent properties with less than 200 feet of street frontage for auto, bike, and pedestrian use. |
Local circulation | Development on parcels greater than three acres must include a local street circulation plan. |
Environment | |
Lighting | Must comply with outdoor lighting standards. |
Air and noise | See below. |
Storage | Must comply with outdoor storage, trash collection, and loading areas. |
*When development abuts residential uses, a landscaped side yard/rear yard and a minimum 15-foot setback is required.
(a) Lot Development.
(i) Lot size requirement: 5,000 square foot minimum.
(ii) Coverage requirement: Eighty-five percent (85%) maximum coverage by buildings and impervious surfaces.
(b) Site Development.
(i) Building Setbacks.
(A) Front Setback: 15 feet minimum; 75 feet maximum.
(B) Side Setbacks: None, except 15 feet minimum when abutting a residential use.
(C) Rear Setback: 10 feet, except 15 feet when abutting a residential use.
(ii) Landscaping. All landscaping must comply with the landscaping standards.
(c) Parking and Loading.
(i) All parking and loading must comply with the provisions of MDC 18.25.040 through 18.25.070.
(ii) Two parking bays with a drive aisle may be located in front of a building. All other parking areas must be located to the side or behind buildings.
(iii) Parking areas must include sidewalks or pedestrian walkways that provide safe pedestrian access to buildings.
(iv) Loading Docks. In the MUE Zone, loading docks must be located to the side or rear of buildings. Loading docks must be recessed far enough that trucks using them do not obstruct public roadways or drive aisles.
(d) Access and Circulation.
(i) Building access must be oriented toward the primary public street or drive aisle that serves the building.
(ii) Vehicular and Bicycle/Pedestrian Cross-Access. Properties with less than 200 feet of street frontage must provide cross-access easements for pedestrians and vehicles to adjoining properties in accordance with Chapter 6, Access Management Strategies, in the Transportation System Plan.
(iii) Local Circulation. Development plans that involve more than three acres must include a local street circulation plan that details how existing and future development will be served by and connect to the local street network in a manner that is consistent with the Madras Transportation System Plan (TSP). Plans must adhere to City block standards and street classification guidelines. Where the TSP includes a local street circulation plan for the area where the development is proposed, the local street circulation plan must be consistent with the TSP.
(e) Environmental.
(i) Lighting. All lighting must comply with the outdoor lighting standards.
(ii) Air and Noise. All uses must comply with applicable air and noise quality standards established by the Oregon Department of Environmental Quality or City standards, whichever are more restrictive.
(iii) Outdoor Storage, Trash Collection, and Loading Areas. All uses must comply with the outdoor storage, trash collection and loading area standards, MDC 18.25.110.
(4) Building Standards. Buildings in the MUE Zone must meet the design standards set forth in MDC Table 18.15.100-3 below.
Table 18.15.100-3. Building Design Standards in the Mixed-Use Employment Zone
Element | Standard | Exceptions |
|---|---|---|
Height Limit | 45' | Roof-mounted equipment may exceed the height limit by 10 feet. Roof-mounted equipment must be screened except for communication equipment and solar collectors. |
Size Limit | Minimum: None Maximum: 100,000 sq. ft. | |
Exterior Materials | Brick, concrete panel, smooth-finished concrete block, stucco, stone, and wood siding may be used as primary materials. | Accent materials, not exceeding 20% of the front facade, may include prefabricated metal, stone, and wood. |
Glazing | The front facade must include 30% glazing for the first 15 feet of the building height. | |
Roofs | Roof designs may be flat, gabled, arched, or other designs with coverings that complement the building design. Sloped roofs must incorporate eaves that extend over the exterior walls a minimum of 2 feet beyond the wall. | Buildings with flat roofs must incorporate exterior parapet walls that extends at least 2 feet above the roof. |
Entryways | Each building must have a primary building entry facing the primary public street or drive aisle serving the building. All public entries must include weather-protection features. | |
Walkways | There must be a 6-foot walkway between the building and parking lot. The walkway must connect pedestrian access ways from parking areas to entryways. |
(5) Design Review. All development applications in the MUE Zone are subject to the Design Review Standards.
(6) Nonconforming Structures. An existing attached or detached single-family dwelling that is incorporated into a development may be permitted subject to compliance with Chapter 18.50 MDC, Exceptions and Variances. [Ord. 957 § 2.1 (Exh. B), 2021; Ord. 933 § 3.10, 2019.]
(1) Permitted Uses.
(a) Parks.
(b) Public facilities.
(c) Public uses.
(d) Recreation facilities, such as:
(i) Golf course.
(ii) Trails (walking, horse, bicycle).
(iii) Game fields (e.g., soccer, baseball).
(e) Schools.
(f) Communication tower (subject to MDC 18.30.130).
(2) Conditional Uses. None.
(3) Lot Size Requirements. None.
(4) Setback Requirements. None, unless:
(a) All setbacks (front, side, rear, corner) for structures must be a minimum of 12 feet when abutting a residential zone.
(5) Height Requirements. No structure(s) may exceed 35 feet when measured from the ground to the peak of the roof.
(6) Parking Regulations. Parking areas must meet the requirements of MDC Table 18.25.050-1 in MDC 18.25.050 and the requirements of MDC 18.25.040 through 18.25.070.
(7) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure(s) is within 300 feet of an existing City sewer.
(8) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(9) Lighting. All lighting must comply with the outdoor lighting standards. [Ord. 933 § 3.11, 2019.]
(1) Purpose. The purpose of the Airport Development Zone is to provide land adjacent to airport facilities for future commercial and industrial uses which may be dependent on air transportation.
(2) Permitted Uses.
(a) Air cargo terminals.
(b) Aircraft sales, repair, service, storage, and schools related to aircraft operations, and facilities essential for the operation of airports, such as fuel storage, hangar use, and fixed base operator (“FBO”) offices.
(c) Terminals (passenger – air, taxi, and bus).
(d) Public and semi-public buildings, structures, and uses essential to the welfare of an area, such as fire stations, pump stations, and water storage.
(e) Ancillary uses with a total floor area no larger than 1,000 square feet.
(f) Uses where the ongoing operations must be directly dependent upon and associated with the airport.
(g) Assembly and manufacture of goods.
(h) Assembly, repair, and storage of heavy vehicles and machinery.
(i) Storage and processing of agricultural products.
(j) Warehouse and freight terminal operations.
(k) Professional offices.
(l) Public utility facilities.
(m) Call centers.
(3) Conditional Uses. None.
(4) Limitations of Use. In the AD Zone, the following conditions shall apply:
(a) Liquid and Solid Wastes. Storage of animal, vegetable, or other wastes which attract insects, rodents, or birds or otherwise create a health hazard is prohibited.
(b) Discharge Standards. Emissions of smoke, flying ash, dust, vapor, gases, or other forms of air pollution that may cause nuisance or injury to human, plant, or animal life, or to property, or that may conflict with any present or planned operations of the airport are prohibited.
(5) Lot Area Requirements.
(a) Minimum street frontage of lots: 50 feet.
(6) Setback Requirements. None, except:
(a) No building may be closer to a farm zone than the height of the building in the AD Zone.
(7) Height of Building.
(a) Maximum height: Two stories or 30 feet, whichever is less, if not equipped with a sprinkler system. Three stories or 45 feet, whichever is less, if equipped with sprinkler system approved by the Fire Marshal. Structures on the airport property necessary for the operation of the airport may be approved for a greater height as part of site plan approval.
(8) Glare and Electromagnetic Interference.
(a) Building materials must not produce glare which may conflict with any present or planned operations of the airport.
(b) No use may produce electromagnetic interference which may conflict with any present or planned operations of the airport.
(9) Design Review. All development in the AD Zone is subject to the Design Review Standards.
(10) Parking Regulations. (Requirements of MDC 18.25.040 through 18.25.070 also apply).
(a) Site plan(s) submitted with an application for a building permit must include a parking plan which shows the location and number of parking spaces, circulation patterns, and ingress and egress provisions.
(b) All industrial and commercial uses within an Airport Development Zone must comply with MDC Table 18.25.050-1.
(c) All parking lots must have an all-weather surface.
(d) Adequate provisions for safe and convenient circulation, ingress and egress must be provided.
(11) Sanitation Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City sewer system where the structure is within 300 feet of an existing City sewer.
(12) Water Regulations. Before any structure receives a certificate of occupancy, it must be connected to the City water system unless authorized by the City for connection to an adjoining water system.
(13) Flood Hazard Areas. Any structure proposed to be located in the flood hazard area must meet the standards of the Federal Emergency Management Agency (FEMA) and Chapter 18.45 MDC.
(14) Lighting. All lighting must comply with the outdoor lighting standards.
(15) Landscaping. Landscaping must comply with the landscaping standards.
(16) Federal Aviation Administration. Any use or development in the AD Zone must meet all standards as set forth by the Federal Aviation Administration. [Ord. 933 § 3.12, 2019.]
(1) Purpose. The Large Lot Industrial Zone is intended to provide opportunities for the development of traded sector uses and implement the Central Oregon Regional Large Lot Industrial Needs Analysis.
(2) Permitted Uses.
(a) Allowed Uses. Uses allowed in the LLI Zone are listed in Table 18.15.130-1, which includes uses permitted outright (P), uses permitted as accessory to the primary permitted use (A), uses permitted conditionally (C), and prohibited uses (X). The Planning Commission may approve uses not listed in the table in accordance with MDC 18.80.320.
Table 18.15.130-1. Allowed Uses
Use | Review |
|---|---|
1. Traded sector uses. | P |
2. Subordinate industrial uses that support a primary traded sector use located in the LLI Zone. | P(1) |
3. Service commercial and retail uses. | P(1) |
4. Public or semi-public uses including municipal, police, fire, other related governmental uses and buildings. | P |
5. Temporary uses subject to MDC 18.30.010. | P |
6. Residential Uses | X |
1These uses are not permitted until a traded sector use is established and can only be sited in an area subject to an approved LLI master plan.
(3) Development Standards. The following development standards apply to all development within the Large Lot Industrial (LLI) Zone. These standards ensure that the public health, safety and general welfare are protected and the general interest of the public is served. The standards provide for originality, flexibility and innovation in site planning and development to promote traded sector uses. Development in the LLI Zone shall comply with the industrial design review standards in MDC 18.40.030. Uses in the LLI zone also are subject to the development standards in Table 18.15.130-2. When there are differences between standards in MDC 18.40.030 and Table 18.15.130-2, the standards in Table 18.15.130-2 shall apply.
Table 18.15.130-2. LLI Development Standards
Standard | Unit |
|---|---|
1. Lot Standards | |
a. Minimum Size | 50 acres1 |
b. Maximum Size | None |
c. Street Frontage | 50' minimum, unless otherwise approved by the City of Madras Public Works Director |
2. Site Development | |
a. Setbacks | |
1. Front Minimum | 20' |
2. Front Maximum | None |
3. Side | None, unless the lot or parcel abuts a residential zone, in which case the setback shall be 50' |
4. Rear | None, unless the lot or parcel abuts a residential zone, in which case the setback shall be 50' |
b. Lot Coverage | |
1. Maximum | 85% of the property or lease area |
2. Landscaping | 10% minimum. Natural features including, but not limited to, jurisdictional wetlands, rock outcroppings, and Goal 5 resources may be used to meet landscaping requirements, but may not be substituted for landscape in parking areas, building frontages, and entryways. Natural features need not be irrigated but must be maintained for their functional condition and to limit wildfire danger to adjoining properties. |
c. Parking | The number of off-street parking spaces shall be consistent with Table 18.25.050-1. |
d. Buildings | |
1. Height | The maximum building height shall be 45' unless there are specific compelling needs related to the manufacture or fabrication of goods and services related to a traded sector use or a supporting use that necessitate a deviation from this limit. In no case shall the height of a building exceed the requirements of the Federal Aviation Administration. |
2. Orientation | Buildings shall be oriented to the street or to a primary drive aisle. |
e. Outdoor Storage | Outdoor storage areas shall be sited out of public view or behind a sight-obscuring fence. |
1The minimum lot size is fifty (50) acres until such time as a traded sector use is established. After a traded sector use is established, the remaining land within the LLI master planned area may be divided or reconfigured to accommodate supporting industrial and commercial uses. The minimum lot size shall be one acre for supporting industrial and commercial uses.
(4) Other Requirements. All development in the LLI Zone is subject to compliance with the following special regulations:
(a) Aviation Regulations. Development applications must comply with applicable Federal Aviation Administration (FAA) regulations concerning building heights, lighting, emissions, water features, and other land development and use limitations. The Madras Community Development Director shall be consulted to establish the list of applicable FAA regulations.
(b) Floodplains. Development in a floodplain must meet Federal Emergency Management Agency (FEMA) and related City Zoning Ordinance regulations for development in identified hazard areas.
(c) All land uses and development in the LLI Zone shall be consistent with the following plans:
(i) The current Madras Municipal Airport Master Plan.
(ii) The current City of Madras Wastewater Master Plan.
(iii) The current City of Madras Transportation System Plan.
(iv) The current Industrial Site Readiness Plan.
(d) Natural Features. Natural features including, but not limited to, jurisdictional wetlands, rock outcroppings, and Goal 5 resources shall not be developed.
(e) Master Development Plan. Each traded sector use within the LLI Zone on a site ten (10) acres or larger must first prepare and secure approval for an LLI master plan meeting the requirements of this section. Subsequent site plan applications within the LLI master planned area must either adhere to the approved LLI master plan or submit an amendment to the LLI master plan.
(i) Required Elements.
(A) Development Narrative. The applicant shall supply a narrative describing the proposed traded sector use, site needs, the area to be included within the LLI master plan, and any other development proposed or contemplated within the proposed master plan area.
(B) Master Plan Map. The applicant shall provide a map of the master planned area showing the proposed configuration of lots within the master planned area, the location of proposed uses, the location of natural features to be designated as protected open space, and the configuration of streets, driveways, and other transportation facilities. The master plan map shall require an amendment if a different use, transportation layout, lot configuration, or other significant deviations are proposed.
(C) Street Connectivity and Trail Networks. A transportation plan for local streets, bicycle routes, pedestrian paths, and other transportation facilities within the LLI master planned area shall be prepared. The transportation plan shall be consistent with both the City and County transportation system plans, adopted as part of their respective comprehensive plans, and shall provide connections to planned or existing transportation facilities on properties adjacent to the LLI master planned area.
(D) Utility Needs Analysis. The plan shall include an analysis of the anticipated utility demand for all planned development in the LLI master planned area for wastewater, stormwater, potable water, power, telecommunications, natural gas. The applicant shall also prepare a utility plan setting forth the utility infrastructure, with locations and specifications meeting the Public Improvement Standards, necessary to support development proposed as part of the LLI master plan.
(E) Transportation Analysis. The applicant shall submit a transportation impact analysis consistent with the requirements set forth in the TSP demonstrating that the proposed development can be safely and efficiently served by existing or proposed transportation facilities.
(ii) Approval Criteria.
(A) The uses proposed are permitted within the LLI Zone.
(B) Proposed lots within the LLI master planned area meet the development standards in Table 18.15.130-2.
(C) There is adequate capacity in existing facilities (water, sewer, stormwater, and transportation), or sufficient upgrades or new facilities are proposed, to serve proposed development within the LLI master planned area.
(D) The LLI master plan is consistent with the requirements in subsection (4)(a) through (c) of this section.
(iii) Review Procedure. The LLI master plan shall be reviewed at a public hearing before the Planning Commission, who will make a final decision. Amendments to the LLI master plan that do not create additional lots, affect the amount of designated open space, or increase the overall intensity of development permitted under the LLI master plan may be approved administratively by the Community Development Director. Any other amendments, or at the election of the Community Development Director for changes subject to administrative review, shall follow the procedure for adoption of the LLI master plan. The approval criteria for a modification shall be limited to those approval criteria for the LLI master plan that require different findings on account of the proposed modification.
(iv) Conditions of Approval. The City may impose any conditions of approval necessary to achieve compliance with the approval criteria or to otherwise protect the health, safety, and welfare of the community.
(v) Subsequent Development. Any structures developed or modified (with the exception of incidental accessory structures such as sheds, utility enclosures, etc.), change of use, or outdoor use proposed within the master planned area shall be subject to site plan approval pursuant to Section 4.8 and shall be evaluated for compliance with Section 4.8, the LLI master plan, and the standards set forth in this section. Partition, subdivision, or property line adjustment approvals will also be required to divide or reconfigure the lots within the master planned area.
(f) No land zoned LLI may be rezoned to another City zone within ten (10) years of its initial LLI designation.
(5) Design Review. Development in the LLI Zone shall comply with the design review criteria for industrial development set forth in MDC 18.40.030.
(6) Conditions of Approval. In addition to any conditions of approval imposed as part of LLI master plan, site plan, conditional use, or any other concurrent approval, the following shall be mandatory conditions of approval for all development and uses within the LLI Zone:
(a) At all times:
(i) Development and uses will not adversely affect or interfere with airport operations and will be subject to applicable FAA regulations and any other federal airport authority, including, without limitation, the City’s grant assurances and requirements under 14 C.F.R. Part 77, as amended, and any applicable airport rules and regulations.
(ii) Development and uses will be subordinate to, and conducted in a manner that will not adversely affect and/or interfere with, airport-related flight operations and/or contribute to flight hazards, including, without limitation, the following: (A) emitting electronic interference with aircraft radio communications or electronic navigational aids; (B) inhibiting pilot visibility through, among other things, emission of smoke or vapor, the use of glaring lights, the use of lights that resemble a layout or color of a landing area, or the use of search lights or flash-type advertising signs; (C) creation of hazards which are dangerous to the safety of aircraft or flying in the vicinity of the airport; and/or (D) creating attractants of birds or wildlife that are hazardous to aircraft.
(iii) The City and the public shall have a right of flight for passage of aircraft in the airspace above the subject land together with the right to cause noise, vibration, dust, fumes, smoke, vapor, and other effects inherent in the navigation or flight of aircraft and/or operation of the airport.
(iv) Development and uses will not interfere with the operation and/or activities of the Airshow of the Cascades during airshow days and will otherwise comply with applicable airshow regulations.
(b) Prior to issuance of a certificate of occupancy:
(i) All buildings with bathroom facilities shall be connected to the City sewer system; or where applicable, connected to an approved septic drain field or alternative wastewater treatment system. Development that occurs within 300 feet of an existing City sewer must connect to the City sanitary sewer. Any structures requiring a building permit shall connect to the City water system and demonstrate compliance with fire-flow and fire protection requirements for the building. The City may authorize connections to an adjoining water system.
(ii) The development shall be connected to a permitted and operational on-site or off-site stormwater management system.
(iii) All required on-site and off-site transportation improvements have been completed. [Ord. 898 § 3 (Exh. D), 2017.]
This overlay designation is depicted on the Airport Approach and Clear Zone Map prepared by Tenneson Engineering Corporation and dated July, 1986.
(1) Purpose. This overlay designation is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety, and welfare of the people of the City of Madras and Jefferson County.
(2) Compliance. In addition to complying with the provisions of the primary zoning district, uses and activities must comply with the provisions of this overlay designation. In the event of any conflict between any provisions of this overlay designation and the primary zoning district, the more restrictive provisions shall apply.
(3) Permitted Uses Within the Airport Approach Safety Zone.
(a) Landscape nursery, cemetery, or recreation areas which do not include buildings or structures.
(b) Roadways, parking areas, and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. Approach surfaces must clear these areas by a minimum of 15 feet.
(c) Pipeline.
(d) Underground utility wire.
(4) Conditional Uses within the Airport Approach Safety Zone.
(a) Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
(i) Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
(ii) Making it difficult for pilots to distinguish between airport lights or others.
(iii) Impairing visibility.
(iv) Creating bird strike hazards.
(v) Endangering or interfering with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(vi) Attracting large numbers of people.
(b) Public service or utility facilities requiring no structures.
(5) Procedures. An applicant seeking a conditional use under subsection (4) of this section must provide the following findings in addition to the conditional use criteria:
(a) Property boundary lines as they relate to the airport imaginary surfaces.
(b) Location and height of all existing and proposed buildings, structures, utility lines, and roads.
(c) A statement from the Oregon Department of Aviation indicating that the proposal will not interfere with operation of the landing facility.
(6) Limitations – Construction or Alteration Requiring Notice.
(a) Each airport sponsor who proposes any of the following construction or alterations must notify the City Administrator.
(i) Any construction or alteration of more than 200 feet in height above ground level at its site.
(ii) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:
(A) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with at least one runway more than 3,200 feet in actual length, excluding heliports.
(B) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with its longest runway no more than 3,200 feet in actual length, excluding heliports.
(C) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in subsection (6)(a)(v) of this subsection.
(iii) Any highway, railroad, or other traverse way for mobile objects of a height, which if adjusted upward 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where overcrossings are designed for a minimum of: (1) 17 feet vertical distance, 15 feet for any other public roadway, 10 feet, or the height of the highest mobile object that would normally traverse the road, whichever is greater; (2) a private road, 23 feet for a railroad; and (3) a waterway or any other traverse way, not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of subsection (6)(a) or (6)(b) of this section.
(iv) When requested by the FAA, any construction alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of subsection (6)(a)(iii) of this section.
(v) Any construction or alteration on any of the following airports (including heliports):
(A) An airport that is available for public use and is listed in the Airport Directory of the current Airman’s Information Manual or in either the Alaska or Pacific Airman’s Guide and Chart Supplement.
(B) An airport under construction that is the subject of a notice or proposal on file with the Federal Aviation Administration and, except for military airports, it is clearly indicated that the airport will be available for public use.
(C) An airport that is operated by a branch of the armed forces of the United States.
(b) Each airport sponsor who proposes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section and is advised by an FAA regional office that a supplemental notice is required must submit that notice on a prescribed form to be received by the FAA regional office at least 48 hours before the start of the construction or alteration.
(c) Each airport sponsor who undertakes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section must, within five days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having jurisdiction over the area involved, if:
(i) The construction or alteration is more than 200 feet above the surface level of its site; or
(ii) An FAA regional office advises that submission of the form is required.
(7) Construction or Alteration Not Requiring Notice.
(a) No person is required to notify the City Administrator for any of the following construction or alteration:
(i) Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(ii) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.
(iii) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the City Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose.
(iv) Any construction or alteration for which notice is required by any other FAA regulation.
(8) Form and Time of Notice.
(a) Each person who is required to notify the City Administrator must send one executed set of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices.
(b) The notice must be submitted at least thirty (30) days before the earlier of the following dates:
(i) The date the proposed construction or alteration is to begin.
(ii) The date an application for a construction permit is to be filed; however, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing.
(c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption.
Each notice submitted under the pertinent provisions of Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing directed to meeting this burden.
Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.
(d) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30-day requirement in subsection (8)(b) of this section does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within five days thereafter. Outside normal business hours, emergency notice by telephone or telegraph may be submitted to the nearest FAA flight service station.
(e) Each person who is required to notify the City Administrator must send an executed copy of FAA Form 7460-2, Notice of Actual Construction or Alteration, to the Manager Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. [Ord. 933 § 3.13, 2019. Formerly 18.15.130.]
(1) Purpose. The Medical Overlay (MO) identifies areas within the City designated for the development and expansion of hospitals, clinics, and related health care facilities and is structured to achieve the following objectives:
(a) To encourage the development of medical-related facilities in a controlled development framework;
(b) To provide for a variety of uses that may co-depend and/or support hospitals, clinics, and related health care facilities;
(c) To protect such areas from encroachment of incompatible land uses that may have an adverse impact on the operation and future expansion of hospitals, clinics, and related health care facilities;
(d) To allow existing uses within the overlay boundary, which are not hospitals, clinics, and related health care facilities to remain conforming to the underlying zoning regulation; and
(e) To protect uses other than hospitals, clinics, and related health care facilities both adjacent to and within the Medical Overlay from adverse impacts of development allowed within the Medical Overlay through such measures as regulating building height and mass and requiring adequate off-street parking, landscape buffers, fencing, attractive open space, yard areas, and other design features.
(2) Boundary Location. The Medical Overlay boundary location includes the following identified properties:
Map #11-13-01CA | Tax Lots | #1800 | #2201 |
#2000 | #2202 | ||
#2200 | #2203 | ||
Map #11-13-01CD | Tax Lots | #100 | #900 |
#101 | #901 | ||
#102 | #904 | ||
#500 | #905 | ||
#600 | #906 | ||
#601 | #1000 | ||
#700 | #1100 | ||
#800 | |||
Map #11-13-01DC | Tax Lots | #100 | #104 |
#101 | #200 | ||
#102 | #2800 | ||
#103 | #2802 |
(3) Permitted Uses.
(a) Assisted living facilities.
(b) Adult care complex.
(c) Emergency services.
(d) Health services.
(e) Helicopter landing pad.
(f) Hospice.
(g) Hospitals.
(h) Medical-related ancillary uses.
(i) Medical-related offices.
(j) Medical-related uses.
(k) Mixed-use medical.
(l) Nursing homes.
(m) Residences for temporary occupancy.
(n) Residential home and residential care facilities.
(o) Apartments must meet the special storage required in MDC 18.30.190(4)(j).
(4) Special Requirements.
(a) Master Planning.
(i) Applications for the development of permitted uses within the Medical Overlay must include a master plan and narrative for the entire site. The master plan must include all items required by the site plan review process including, but not limited to, all existing and proposed uses, buildings, structures, and easements.
(ii) The master plan must be prepared to reduce and minimize any identified negative impacts of the proposal on adjacent nonmedical uses and ensure the livability of residential areas surrounding the development.
(iii) Medical overlay master plans are not subject to other requirements for master planning set forth in this Development Code.
(b) Modification of Medical Overlay Master Plan.
(i) Major modifications to the approved master plan, which will alter the scope or character of the project, will require a modification of approval and site plan review by the Community Development Director.
(ii) Minor modifications to the approved master plan, which do not alter the project’s scope or character, may be approved by the Community Development Director but shall not require a new site plan approval.
(c) Notification for Master Plans and Modification to Master Plans.
(i) Notification. A notification shall be sent to all property owners within 500 feet of the proposed development site for all permitted uses.
(ii) Notification for Helicopter Landing Pads. A notification shall be sent to all property owners within 1,500 feet of the property where a helicopter landing pad site is proposed. Such notice shall comply with the provisions of MDC 18.80.110(2).
(d) Development Standards. In addition to meeting the requirements for site plan review, development within the Medical Overlay is subject to the following:
(i) All lighting must be shielded to prevent light from shining directly onto adjacent residential property. Lighted poles must not exceed 20 feet in height.
(ii) Signs must be in accordance with the City’s current sign ordinance.
(iii) Setback Requirements.
(A) Front Setback. The front setback is zero feet unless abutting a property outside of the Medical Overlay or a single-family dwelling within the Medical Overlay in which case the front setback is a minimum of 12 feet plus an additional one-half (½) foot for each one foot of building height above 20 feet.
(B) Side and Rear Setbacks. The side and rear setbacks are zero feet unless abutting a property outside of the Medical Overlay or a single-family dwelling within the Medical Overlay, in which case the side and rear setbacks are a minimum of 10 feet plus an additional one-half (½) foot for each one foot of building height above 20 feet.
(iv) Landscaping must meet the landscaping standards.
(v) Apartments must have a minimum lot size of 12,000 square feet for the initial four dwelling units plus 2,000 square feet for each additional dwelling unit.
(5) Existing Nonmedical Uses. Uses existing prior to adoption of the MO that are not included in subsection (3) of this section may continue, are not subject to any of the provisions of this section, and are not otherwise considered nonconforming on account of the MO. [Ord. 943 §1.1 (Exh. A), 2020; Ord. 933 § 3.14, 2019. Formerly 18.15.140.]
(1) Purpose. The purpose of the Master Planned Development Overlay is to foster the creation of complete communities with a range of land uses and housing types, permit the application of innovative designs, and to allow greater freedom in land development and flexibility in development standards than may be possible under the strict application of the applicable zoning provisions of this code. In permitting such design and development freedom, the intent is to encourage more efficient uses of land and public facilities and services, to address the community’s need for a variety of housing, employment, commercial, and recreational opportunities (particularly public recreational amenities) and to maintain the highest reasonable quality living environment. An approved master development plan guides future development of the subject site. All future land use approvals and development (e.g., subdivision approval) for the subject site must be in accordance with the guidelines established in the approved master development plan.
(2) Applicability. As an overlay zone, the Master Planned Development Overlay provisions may be applied in any zone to properties subject to a master plan approved in accordance with Chapter 18.55 MDC. [Ord. 933 § 3.15, 2019. Formerly 18.15.150.]