(a) All nonresidential development.

(b) Institutional development and public buildings.

(a) A walkway must be provided to each street abutting the property.

(b) A walkway must be provided for every 300 feet of street frontage, or for every eight rows of vehicle parking.

(c) A walkway must be provided to any site that is not bordered by a street.

(a) Walkways must connect building entrances to one another, and to public streets which are existing or planned transit stops.

(b) On-site walkways must connect with sidewalks, bike paths, alleyways, and other bicycle or pedestrian connections on adjacent properties used or planned for commercial, multifamily, institutional, or park use.

(c) Walkways and driveways must provide a direct connection to walkways and driveways on adjacent developments.

(d) Potential pedestrian connections between the proposed development and the existing or future development on adjacent properties, other than connections via the street system, must be identified. The development application must designate these connections on the proposed site plan, or findings must be submitted demonstrating that the connection is infeasible.

(a) Walkways must be as direct as possible and avoid unnecessary meandering. Pedestrian walkways must be directly linked to entrances and internal circulation of the building.

(b) Driveway crossings must be minimized. Internal parking lot circulation and design must maintain ease of access for pedestrians from streets and transit stops.

(a) Walkways must be at least five feet in paved width. Walkways bordering parking spaces must be at least seven feet wide unless concrete bumpers, bollards, or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway.

(b) Pedestrian-scale lighting fixtures must be provided along all walkways. On-site pedestrian walkways must be lighted to a level where the system can be used at night by employees, residents, and customers.

(c) Stairs or ramps must be provided where necessary to provide a direct route. Walkways without stairs shall have a maximum slope of eight percent (8%) and a maximum cross slope of two percent (2%).

(d) Internal driveways crossing walkways must be a maximum of 14 feet wide for parking lots of less than 20 vehicles and a maximum of 18 feet wide for parking lots of more than 20 vehicles.

(e) Walkways on private property that provide direct links between publicly owned pedestrian routes must be placed in public easements. Where public access is to be provided on private land, easements must be provided.

(f) Walkways along nonresidential building frontages must be covered with awnings or building overhangs. The minimum vertical clearance is nine feet for awnings and 12 feet for building overhangs. Structural supports and facades for building overhangs must not obscure more than ten percent (10%) of the area between the building and the street.

(g) The on-site circulation system must incorporate a streetscape which includes curbs, sidewalks, pedestrian scale light standards, and street trees.

(h) Walkways must be constructed to sidewalk standards except for portions of walkways in driveways and other vehicle maneuvering areas which must be raised at least three inches and paved with a different material than the surrounding driveway.

(a) In any zone in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied for manufacturing, storage, warehousing, goods display, retail sales, a hotel, a hospital, a mortuary, a laundry, dry cleaning establishment, or other uses similarly requiring the receipt or distribution by vehicles or materials or merchandise, at least one off-street loading berth, plus one additional off-street loading berth for each 20,000 square feet there, must be provided and maintained. Said loading berth(s) must be provided with access, driveways, and surfacing in the same manner as for off-street parking, except that each space must be at least 10 feet wide and 22 feet long with a height clearance of at least 14 feet. A sight-obscuring screen, berm, or landscaping must conceal all loading areas from view from public streets or roads.

(b) Loading and unloading of merchandise, equipment, etc., is not permitted from public streets or roads. [Ord. 933 § 5.4, 2019.]

(a) Where parking requirements are based on the square footage of a building, the applicable square footage shall be the gross floor area of the building excluding any space within a building devoted to off-street parking or loading. When the number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak season.

(b) For uses not specified in MDC Table 18.25.050-1, the decision maker must determine the minimum number of required parking spaces as part of the development review process accompanying the proposed use, based upon similar uses listed in MDC Table 18.25.050-1 or other substantial evidence of expected parking demand.

(c) In the event that several uses occupy a single structure or parcel of land, the total requirements of off-street parking shall be the sum of the requirements of the several uses computed separately. Notwithstanding the foregoing, the total requirement may be reduced by an amount determined by the decision maker where the applicant sufficiently demonstrates that peak parking demands are less because of differing peak parking demand periods among the uses.

(d) Owners of two or more parcels of land may agree to share parking and loading spaces; provided, that the parking areas supporting a particular use are located within 500 feet of that use and satisfactory legal evidence is presented to the City in the form of deeds, leases, or contracts to establish shared use of parking facilities. Notwithstanding the foregoing, the total parking requirement on the parcels subject to the shared use arrangement may be reduced by an amount determined by the decision maker where the applicant sufficiently demonstrates that peak parking demands are less because of differing peak parking demand periods among the uses sharing the parking facilities.

(e) Parking Within the C-2 and C-3 Zoning Districts. No minimum off-street parking is required for buildings and uses within the C-2 and C-3 zoning districts. Whether or not off-street parking is constructed with the C-2 or C-3 zoning districts, no developer, property owner, tenant, or any other party holds any rights or entitlements to public on-street parking stalls (beyond their availability to the general public as regulated by City) or to any publicly owned off-street parking facilities (beyond that provided to the general public as regulated by City or as provided by a special agreement or program established by City) nor is City precluded from altering or removing such parking stalls or facilities. Any on-street parking stalls or off-street parking facilities constructed within the C-2 and C-3 zones must meet applicable dimensional requirements.

(a) Except as allowed pursuant to MDC 18.40.040(8), no automobile parking, with the exception of accessible parking, is permitted between the building and an arterial or collector street unless the Community Development Director determines there is no feasible alternative to provide the required parking. If a building setback is provided, the setback area must be paved with a hard surface (concrete or unit pavers, not asphalt) and must incorporate seating and landscaping. A public entrance must be within 100 feet of the right-of-way of an arterial or collector street.

(b) Development on lots or sites with three frontages may have vehicle parking areas between the building and one of the streets. Development on full blocks may have vehicle parking areas between the building and two of the streets. However, the parking area must be between a local street and the building, not an arterial, other than a freeway or other fully controlled access highway.

(c) Parking lots with 50 spaces or more must be divided into separate areas and divided with landscaped areas or walkways at least 10 feet in width or by a building or group of buildings.

(d) Parking lots cannot occupy more than thirty-three percent (33%) of the subject property’s street frontage. Parking areas should be located behind or to the side of a building. If a property has multiple street frontages, then this standard will apply to the frontage along the highest order street. If all street frontages have the same classification, then this standard will apply to the frontage to which the primary building entrance is located.

(e) Required off-street parking spaces for a dwelling must be located on the same lot or parcel as the dwelling. Notwithstanding the foregoing, the Community Development Director may approve off-street parking for a dwelling within the C-2 and C-3 zoning districts to be located off-site, provided the off-site parking area is located within the C-2 or C-3 zoning district. Other required parking spaces must be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building, unless otherwise approved by the Community Development Director.

(a) Parking must be located at the rear and sides of a new building; parking can only be allowed in front of the building (between the landscaping and street) upon approval by the Site Plan Committee.

(b) Parking is not allowed on collectors or arterials when industrial zoning is contiguous to said street.

(c) All parking areas shall be limited to 60 spaces plus access. Additional required parking must be separated by a minimum of five-foot landscaped strips except for access. The 60 parking spaces shall be referred to as a cluster of parking.

(a) For buildings with multiple entrances, required short-term bicycle parking must be distributed proportionally at the various entrances. Required long-term public parking must also be distributed at the various public entrances, while employee parking must be located at the employee entrance, if applicable.

(b) Bicycle parking may be provided within a building, but the location must be easily accessible for bicycles.

(c) Employee and residential bicycle parking must offer a high level of security, e.g., bicycle lockers or a locked cage or room with locking facilities inside to provide safe, long-term parking.

(d) Bicycle parking may be provided within the public right-of-way in areas without building setbacks, subject to approval of the Public Works Director and provided it meets the other bicycle parking requirements.

(e) Bicycle parking facilities must be separated from motor vehicle parking and maneuvering areas by a barrier or sufficient distance to prevent damage to the parked bicycles.

(f) Cover for bicycle parking must be provided by a bicycle storage room, bicycle locker, or racks inside a building; bicycle lockers or racks in an accessory parking structure; underneath an awning, eaves, or other overhang; or other facility as determined by the decision maker that protects the bicycles from direct exposure to the elements.

(g) All required long-term bicycle parking and all bicycle parking for residential, school, and industrial uses must be covered.

(a) Bicycle parking facilities must offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a rack) upon which the bicycle can be locked.

(b) Bicycle racks must hold bicycles securely by means of the frame. The frame must be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels.

(a) Exception. This standard does not apply to the Downtown Commercial Zone (C2).

(a) State of repair of the building.

(b) The reasonableness of the cost of restoration or repair.

(c) The purpose of preserving such designated historical building and site(s).

(d) The character of the neighborhood.

(e) All other factors the Planning Commission feels are appropriate.

(a) Upon receipt of an application for a major exterior alteration of a historic structure listed in the Comprehensive Plan, the Planning Commission, in a public meeting, shall review the proposed alteration to determine if the resource’s historical significance will be altered. This review is based on the criteria for determining historic significance contained in the Comprehensive Plan.

(b) Major exterior alterations as defined by this action include any change or alteration of a facade, texture, design, materials, fixtures, or other treatment.

(c) All applications for major exterior alterations must be accompanied by plans and specifications of the proposed alteration. The Planning Commission may request additional sketches and other information deemed necessary to make an informed decision.

(d) In order to approve the application, the Planning Commission must find the alteration harmonious and compatible with the resource with respect to style, scale, texture, and construction materials and/or find the alteration will enhance the historical value of the resource. Conditions may be attached to the approval if the Planning Commission deems it necessary to achieve the above objectives. The Planning Commission must deny the request if the proposal would reduce the resource’s value or historic significance.

Conditions attached to a permit for a major exterior alteration of a historic structure shall be limited to permit requirements addressing architectural design, surface texture, materials, fixtures, or other facade or surface treatments which are deemed inconsistent with the integrity of the historic values being preserved.

The Planning Commission shall not make any recommendation or requirement except for the purpose of preventing developments out of character with the historic aspects of the resource.

(e) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, or the construction, reconstruction, or alteration of such feature which the building inspectors certify is required by public safety because of an unsafe condition. [Ord. 933 § 5.12, 2019.]

(a) The permanent alteration of the riparian area by grading or by the placement of structures of impervious surfaces is prohibited, except for the following uses, provided they are designated to minimize intrusion into the riparian area, and no other options or locations are feasible:

(b) Removal of riparian vegetation is prohibited, except for:

(c) Exceptions. The following activities are not required to meet the standards of this section:

(a) Permanent alteration of the riparian area by placement of structures or impervious surfaces is allowable under the following procedures, subject to the mitigation requirements of subsection (2) of this section:

(b) Proposals for development activities within the riparian area allowed in subsection (2) of this section must be reviewed by the Oregon Department of Fish and Wildlife (ODFW), as per OAR 635-415 Fish and Wildlife Habitat Mitigation Policy. A mitigation recommendation must be obtained from ODFW. For purposes of implementing Goal 5, the goal is no net loss of protected resources; correspondingly, the purpose of designing appropriate mitigation sites should be considered at least in Habitat Category 2 (OAR 635-415-030), which strives for no net loss of habitat values. Approval of the development proposal shall be conditional, requiring compliance with the mitigation recommendations of ODFW.

(c) Setback Adjustment.

(a) Issuance of a permit under ORS 196.665 and 196.800 by the Division of State Lands is required for the proposed project before any physical alteration takes place within the wetlands;

(b) Notice from the Division of State Lands that no permit is required; or

(c) Notice from the Division of State Lands that no permit is required until specific proposals to remove, fill, or alter the wetlands are submitted to DSL.

(a) Outdoor lighting, including that for signage, must not project directly into an abutting lot.

(b) Unless necessary for safe and convenient air travel, outdoor lighting must not project directly into the airport runway, taxiway, or approach safety zone.

(c) All outdoor lighting must be shielded such that the source of light, or light reflective or amplifying device, is not visible from adjacent properties or right-of-way.

(d) Outdoor lighting shall not blink, strobe, move, or rotate unless required by the FAA.

(e) Unless otherwise provided in the Development Code, lighted poles must not exceed 20 feet in height.

(f) Wiring for monument signs and similar permanent lighting installations must be underground or otherwise not visible.

(g) All street lighting must comply with the design and construction standards. [Ord. 933 § 5.16, 2019.]

(a) Plant Selection. Native vegetation shall be preserved or planted where practical. A combination of live nonnative deciduous and evergreen trees, shrubs and ground covers, including lawn, shall be used for all planted areas. Drought-tolerant plantings are encouraged. Fire-resistive plants should be planted in areas or on slopes where necessary to reduce the risk of fire spreading to structures. As necessary, soils shall be amended to allow for healthy plant growth.

(b) Hardscape Features.* Ground-level areas for passive use, such as patios, decks, plazas, paved dining areas, etc., may cover up to fifteen percent (15%) of required landscaping area; swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscaping requirement.

(c) Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) that are landscaped can be counted in the required amount of landscaped area on the site. Planting of broadleaf canopy trees is encouraged as effective surface water interceptors.

(d) In the R-1, R-2, and R-3 zones, at least fifty percent (50%) of the required landscaping must be located in the front yard setback or otherwise between the structure and the front property line.

(e) Landscaped areas must be appropriately irrigated. Xeriscaping may be unirrigated at the discretion of the Community Development Director.

(f) Required landscaping must be continuously maintained. Plants or trees that die or are damaged must be replaced and maintained similar to initially installed landscaping.

(g) Surface drainage must be managed in accordance with the Public Improvement Standards.

(h) Ground-level areas for passive use, such as patios, decks, etc., may cover up to fifteen percent (15%) of the required landscaping area; swimming pools, sports courts, and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.

(a) New Construction. Landscaping is required on the front and side portions of the lot adjacent to the dwelling or structure. The developer is required to put up security in an amount established by the City’s fee schedule to the Finance Department for landscaping prior to obtaining the building permit for the dwelling or structure. Once the landscaping has been completed, the Finance Department shall release the bond back to the developer. The developer has one year from the date of final inspection to complete landscaping the lot.

(b) Existing Dwelling. The existing landscaping (lawn, flowers, trees, shrubs, etc.) must be maintained and kept in healthy condition. If the yard(s) are left to weeds and noxious vegetation, the City may prosecute the violation under the City’s nuisance ordinance, Chapter 8.15 MMC.

(c) Manufactured Dwelling Parks. Landscaping within manufactured dwelling parks shall comply with the applicable provisions of MDC 18.30.030.

(d) Townhomes. Landscaping for townhome developments shall comply with the applicable provisions of MDC 18.30.191.

(e) Cottage Cluster. Landscaping for cottage cluster developments shall comply with the applicable provisions of MDC 18.30.192.

(a) Landscape plans must be submitted with the site plan application and must receive approval.

(b) All unused portions of the property must be maintained with landscaping consisting of ground cover or planted grass, shrubs, trees, flower beds, bark dust, or other suitable landscaping.

(c) The property owner is responsible for establishing and maintaining the landscaping on the lot.

(d) Unenclosed parking areas/storage areas for five or more vehicles, and all associated maneuvering areas, must be landscaped and screened as follows:

(e) Required landscaping shall be continuously maintained. Landscaped areas shall be irrigated, except for xerophytic plantings (e.g., plants in drainage infiltration swales).

(f) Public gathering areas, such as plazas, atriums, and courtyards, shall have at least fifteen percent (15%) of the design devoted to planted beds or containers, water features, public art, and other amenities.

(g) The required square footage of landscaping may be reduced by ten percent (10%) if any of the following are incorporated into the development plan:

(a) A transportation impact analysis shall be required under the following circumstances:

(b) All development subject to site plan review, but not meeting the thresholds for a transportation impact analysis, will be required to submit a transportation assessment letter to the reviewing agencies prepared by an Oregon licensed transportation engineer indicating why the proposed land use action is exempt. This letter should outline the potential trip-generating characteristics of the proposed land use action and verify that the site-access driveways or roadways meet sight-distance requirements and City of Madras roadway design standards.

(a) Licensed Professional. Transportation impact analyses shall be prepared by a licensed professional engineer registered in the State of Oregon.

(b) Study Area. The transportation impact analysis area should include, at a minimum, all site-access points and intersections (signalized and unsignalized) adjacent to the proposed development site. In particular, if the proposed site fronts an arterial or collector street, the transportation impact analysis should include all intersections along the site frontage and within the access spacing distances extending out from the boundary of the site frontage. Beyond the minimum study area, the transportation impact analysis should evaluate all intersections that receive site-generated trips that make up at least ten percent (10%) or more of the total intersection volume. In addition to these requirements, the Public Works Director (or his/her designee) shall determine any additional intersections or roadway links that might be adversely affected as a result of the proposed development. If the study area includes any state and/or County facilities, then the state and/or County shall be notified and provided an opportunity to comment on the transportation impact analysis.

(c) Study Period. The following study periods or horizon years shall be analyzed:

(d) Peak Hour Analysis. Within each horizon year, specific consideration should be directed to the time period(s) that experience the highest degree of network travel. These periods typically occur during weekday mornings (7:00 a.m. to 9:00 a.m.) and weekday evenings (4:00 p.m. to 6:00 p.m.) and are known as peak commuting hours. The transportation impact analysis should always address the weekday a.m. and p.m. peak hours when the proposed land use action is expected to generate twenty-five (25) trips or more during the peak time periods. If the applicant can demonstrate that the peak hour trip generation of the proposed land use action is negligible during one of the two peak study periods and the peak trip generation of the land use action corresponds to the roadway system peak, then only the worst-case study period need be analyzed. Depending on the proposed land use action and the expected trip-generating characteristics of that development, consideration of nonpeak hour travel periods may be appropriate. Examples of land uses that have nontypical trip-generating characteristics include schools, restaurants, nightclubs, and churches. The Public Works Director (or his/her designee) and applicant should discuss the potential for additional study periods prior to the commencement of the transportation impact analysis.

(e) Traffic Count Requirements. Turning movement counts shall be collected at all study area intersections to determine the base traffic conditions. These turning movement counts shall be conducted Tuesday through Thursday between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m., depending on the proposed land use. Notwithstanding the foregoing, historical turning movement counts may be used if the data are less than twelve (12) months old, but must be factored to meet the existing traffic conditions.

(f) Trip Generation for the Proposed Development. To determine the impacts of a proposed development on the surrounding transportation network, the trip-generating characteristics of that development must be estimated. Trip-generating characteristics should be obtained from one of the following acceptable sources:

In addition to new site-generated trips, several land uses typically generate additional trips that are not added to the adjacent traffic network. These trips include pass-by trips and internal trips and are considered to be separate from the total number of new trips generated by the proposed development. The procedures listed in the Trip Generation Manual (ITE) should be used to account for pass-by and internal trips.

(g) Trip Distribution. Estimated site-generated traffic from the proposed development shall be distributed and assigned on the existing or proposed arterial/collector street network. Trip distribution methods should be based on a reasonable assumption of local travel patterns and the locations of off-site original/destination points within the site vicinity. Acceptable trip distribution methods should be based on one of the following procedures:

(h) Intersection Operation Standards. To identify impacts of the proposed land use action on the transportation system, the transportation impact analysis must compare the existing, background, and full build-out intersection traffic volumes to the minimum intersection operation standards. The City of Madras evaluates intersection operational performance based on levels of service and “demand-to-capacity” (d/c) calculations.

(i) Intersection Demand-to-Capacity Analysis. A capacity analysis should be performed at all intersections within the identified study area. The methods identified in the latest edition of the Highway Capacity Manual, published by the Transportation Research Board, are to be used for all intersection capacity calculations. The City of Madras requires that all intersections within the study area must maintain a d/c ratio of 0.95 or less.

(j) Intersection Levels of Service. The City of Madras requires all intersections within the study area to maintain an acceptable level of service (LOS) upon full build-out of the proposed land use action. LOS calculations for signalized intersections are based on the average control delay per vehicle, while LOS calculations for un-signalized intersections are based on the average control delay and volume-to-capacity ratio for the worst or critical movement. All LOS calculations should be made using the methods identified in the most recent version of the Highway Capacity Manual published by the Transportation Research Board. The minimum acceptable level of service for signalized intersections is LOS “D,” while the minimum acceptable level of service for un-signalized intersections is LOS “E” or LOS “F” with a d/c ratio of 0.95 or less. Any intersections not operating at these standards will be considered unacceptable.

(k) Modifications. The Public Works Director may amend or waive any requirement of a transportation impact analysis.

(a) The road system is designed to meet the projected traffic demand at full build-out and the functional roadway classification standards are consistent with the proposed use.

(b) Access is properly placed in relation to sight distance (i.e., does the driveway location meet both intersection and stopping sight distance requirements), driveway spacing, and other related considerations, including opportunities for joint or crossover access.

(c) The driveway access for dwelling units is located on interior residential access streets rather than major roadways.

(d) Traffic movement within the site is provided without having to use the peripheral road network.

(e) The road system provides adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and garbage collection.

(f) The site plan provides for potential future crossover of consolidated access, and/or alternative access.

(a) Crossover easement agreements between adjoining parcels.

(b) Access restrictions including requiring shared access.

(c) Right-of-way dedications including dedications for multi-use paths.

(d) Street improvements including traffic signs and signals.

(e) Trip caps. [Ord. 933 § 5.18, 2019.]