(a) The address and/or location where the seasonal temporary use activity will occur.

(b) The property owner’s written authorization for the use of the property for the seasonal temporary use.

(c) Duration of temporary use, including starting date and time, and ending date and time.

(d) Hours of operation.

(e) Applicant shall obtain a business license issued by the City prior to conducting business.

(f) The temporary use activity and all structures are to be removed from authorized site at least once each day and at all times when the activity is not open for business, except for a one-time exception not to exceed seven consecutive days as specifically authorized by the Community Development Director. For certain uniquely seasonal activities, like Christmas tree sales, 4th of July fireworks sales, etc., the Community Development Director may allow a longer period in their sole discretion.

(a) The addresses and/or locations where the year-long temporary use activity will occur.

(b) The property owner’s written authorization for the use of property for the year-long temporary use.

(c) Hours of operation.

(d) Duration of year-long temporary use, including starting date and time, and ending date and time.

(e) Applicant shall obtain a business license issued by the City prior to conducting business.

(f) All signage must comply with all state and local requirements.

(g) No furniture (i.e., table and chairs), separate awnings, or tents are permitted.

(a) A manufactured home on a single unit of land is allowed in any zone in which single-family dwellings are permitted.

(b) Manufactured homes are permitted in any manufactured home park regardless of zoning.

(a) The manufactured home must possess an insignia of compliance, tag, or other documentation indicating conformance with state and federal standards applicable to the manufactured home.

(b) All manufactured homes shall connect to approved water, sewer, and electrical infrastructure within thirty (30) days of the structure being sited on a property.

(c) Manufactured homes must meet all Federal Emergency Management Agency (FEMA) standards and standards in Chapter 18.45 MDC if placed in a flood hazard area.

(d) Manufactured homes must comply with all other requirements in the zoning district in which the manufactured dwelling will be located.

(e) Manufactured homes must comply with MDC 18.30.190 to the same extent as single-unit dwellings.

(a) The manufactured dwelling shall not be more than fifteen (15) years old at the time of siting.

(a) Manufactured homes shall comply with state building codes for setup of the dwelling in the manufactured dwelling park. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 933 § 6.2, 2019.]

(a) No person shall establish or enlarge a manufactured dwelling park without first obtaining the required approvals and permits as required by this Development Code.

(b) The following regulations and statutes must be adhered to by any applicant for a manufactured dwelling park permit in addition to all requirements included in this Development Code:

(c) Manufactured dwelling parks shall not be used for transient occupancy (i.e., stays of less than thirty (30) days).

(a) A complete application for a manufactured dwelling park and submission of appropriate fee.

(b) An area map at a scale which clearly shows the general neighborhood, streets, existing structures and facilities, hazard areas, and other significant features in the area.

(c) An existing conditions map of the proposed site showing all existing landscape features, existing structures, existing utilities (water, sewer, power, etc.) and existing vegetation.

(d) A proposed site plan depicting the general layout and design of the project, prepared at a suitable scale, to clearly show all streets, property boundaries, unit sites, walkways, proposed permanent structures and recreational areas, parking and storage areas, and other facilities. Include approximate dimensions, where appropriate.

(e) A preliminary utility plan, indicating sewer and water lines, electric, gas, telephone, cable television, and stormwater facilities.

(f) A conceptual landscaping plan indicating all existing vegetation to be retained, and all proposed landscaping features including trees, shrubs, grass, flowering plants, fences, berms, and open space.

(a) Manufactured dwelling parks shall not be permitted in any commercial or industrial zone.

(b) The minimum lot size for establishing a manufactured dwelling park shall be one acre.

(c) Manufactured dwellings must be spaced a minimum of 10 feet between units.

(d) Manufactured dwelling unit sites shall be a minimum of 30 feet in width and 40 feet in length. Each site must contain a sign showing the site number that is clearly visible from internal roadways.

(e) The minimum and maximum densities of the manufactured dwelling park shall be consistent with the underlying zoning district, but in no event will exceed one unit per 2,000 feet of gross area.

(f) Perimeter setback requirements are the same as for other uses within the zoning district, but in no event less than five feet. Notwithstanding the foregoing, the applicable setback for any boundary abutting a nonresidential zone is 15 feet.

(g) Manufactured dwelling parks shall have a fully enclosed garage for each unit site with a garage door, attached or detached from the dwelling, that is sufficient to store an average-size car (150 square feet with a minimum width of eight feet) and constructed of the same materials and colors as the manufactured dwelling.

(h) The proposal must comply with the landscaping standards and Public Improvement Standards.

(i) Roadways shall be paved and a minimum of 20 feet in width with five-foot-wide sidewalks on both sides. Roadways with on-street parking shall be a minimum of 30 feet in width (parking on one side) or 40 feet in width (parking on both sides). All on-street parking spaces shall be striped. See figure at the end of this subsection.

(j) The developer shall provide a separate general play area of at least 2,500 square feet in area or 100 square feet per unit site, whichever is greater. The play area must include benches, play structures, and landscaping.

(k) All dwelling units, including without limitation recreational vehicles used as dwellings, must connect to City water and sewer and receive independent electrical service. Any existing overhead service lines (a line serving an individual unit) must be relocated underground when a unit is replaced. See figure at the end of this subsection.

(l) All state requirements must be met.

(m) Construction standards for manufactured dwelling parks are regulated by the Building Official.

(n) All setbacks/yards must be landscaped, including trees spaced no less than 30 feet apart, and must include one or more of the following: (i) sight-obscuring fencing/walls (no chain-link or other wire fencing) of at least six feet in height and compliant with clear vision requirements, (ii) a landscaped berm of at least three feet in height, or (iii) dense shrubbery/hedges at least five feet in depth and three feet in height. All landscaping must be irrigated in accordance with the Landscaping Standards.

(o) Manufactured dwelling parks shall provide a minimum of one off-street parking space per home site plus one additional parking space, which may be on street or off street, for every five home sites within the park. If additional parking spaces are required, each home site within the park must be within 200 feet of an additional parking space. Parking areas must otherwise meet the requirements of MDC 18.25.040 and 18.25.050.

(p) Refuse facilities screened from adjacent roadways and manufactured dwelling sites must be provided on each manufactured dwelling home site or enclosed communal refuse facilities must be provided within 200 feet of the primary entrance to the park. Communal refuse facilities must be accessed by internal walkways and/or sidewalks within the manufactured dwelling park.

(a) Notwithstanding anything in the Development Code to the contrary, any expansion or modification of an existing manufactured dwelling park shall meet all current standards of this Development Code within the area affected.

(b) The applicant for an expansion or modification of an existing manufactured dwelling park may seek a waiver from current standards upon demonstration of impossibility or commercial impracticality. The decision maker may grant a one-time waiver subject to satisfaction of the following criteria:

(a) The minimum lot size shall be one acre.

(b) RV parks shall not be occupied by permanent structures except for RV park amenities (i.e., check-in station, playground, clubhouses, convenience store, laundry facilities, etc.) and one on-site manager residence.

(c) Internal roadways shall be paved and a minimum of 20 feet in width. Roadways with on-street parking shall be a minimum of 30 feet in width (parking on one side) or 40 feet in width (parking on both sides). All on-street parking spaces shall be striped. See figure at the end of MDC 18.30.030(4).

(d) The entrance to the RV park shall be designed with an adequate parking area for those registering or checking out, without blocking access to the designated RV park spaces and will not cause congestion on adjacent streets.

(e) RV parks must provide toilets, lavatories and showers for each sex in the following ratios: for each fifteen (15) recreational vehicle spaces or any fraction thereof, one toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall.

(f) All lighting shall comply with the outdoor lighting standards.

(g) A dump station for discharging wastewater holding tanks shall be provided unless each space is equipped with a sewer connection.

(h) Each RV park space must meet the following standards:

(i) Notwithstanding anything to the contrary, the applicable setbacks for an RV park, including the boundary of any RV space, shall be 20 feet from the front property line and 15 feet from side and rear property lines. All setbacks/yards must be landscaped, including trees spaced no less than 30 feet apart, and must include one or more of the following: (i) sight-obscuring fencing/walls (no chain-link or other wire fencing) of at least six feet in height and compliant with clear vision requirements, (ii) a landscaped berm of at least three feet in height, or (iii) dense shrubbery/hedges at least five feet in depth and three feet in height. All landscaping must be irrigated in accordance with the Landscaping Standards.

(j) Accessory uses in conjunction with the RV park may include laundry facilities, playground, pools, clubhouses, convenience stores, and similar amenities.

(k) A minimum of thirty percent (30%) of the RV park shall be landscaped.

(l) The developer shall provide a separate general play area of at least 2,500 square feet in area or 100 square feet per RV space, whichever is greater. The play area must include benches, play structures, and landscaping.

(m) In addition to required parking on individual RV park spaces, RV parks must also provide a minimum of one parking space, which may be on street or off street, for every five RV spaces within the RV park plus one space for any on-site manager. If additional parking spaces are required, such spaces shall be distributed throughout the park.

(n) Screened refuse facilities must be provided throughout the park, which must be accessed from walkways within the park.

(a) The following regulations and statutes must be adhered to by any applicant for an RV park permit in addition to all requirements included in this Development Code.

(b) Visits of less than thirty (30) consecutive days are a transient form of occupancy and subject to transient room taxes in accordance with Chapter 3.30 MMC. All operators of RV parks shall register as an operator of transient lodging in accordance with Chapter 3.30 MMC and shall comply with all requirements of transient lodging operators.

(c) Parking of RVs and other vehicles is only permitted within designated parking spots. RVs and other vehicles shall not park on landscaping or within roadways.

(a) Notwithstanding anything in this Development Code to the contrary, any expansion or modification of an existing RV park shall meet current standards of this Development Code within the area affected.

(a) Ensuring appropriate storage of vehicles and personal property in residential areas.

(b) Ensuring that residential accessory structures are similar to the existing form of residential development in the City.

(c) Ensuring that residential accessory structures remain incidental and subordinate to residential uses occurring on the lot.

(a) No residential accessory structure is permitted on any lot unless a dwelling has been lawfully established thereon.

(b) All building permits required by the Building Official must be obtained.

(a) Garage.

(b) Exterior Paint. Residential accessory structures shall have similar base and trim color as the primary dwelling structure on the property.

(c) Siding. Residential accessory structures shall have similar siding material as the primary dwelling structure on the property.

(d) Windows. Windows shall match those of the primary dwelling structure in terms of proportion (height and width ratio) and orientation (vertical vs. horizontal).

(a) The total square footage of all residential accessory structures on a lot shall not exceed the more restrictive of the following:

(b) The maximum height of a residential accessory structure is based upon the height of the dwelling of the property.

(c) Residential accessory structures must comply with the applicable setbacks for the zone in which they are located except that residential accessory structures that exceed the height of the tallest structure containing a dwelling then located on the subject lot must be set back an additional one-half (1/2) foot for each one foot that the proposed residential accessory structure exceeds the height of the tallest dwelling structure.

(d) The foregoing dimensional standards may be exceeded as part of a site plan approval for residential development subject to site plan approval.

(e) Residential development not subject to site plan approval may exceed the dimensional standards through approval of a conditional use permit.

(a) Maximum Size. Notwithstanding anything in subsection (5) of this section to the contrary, an accessory dwelling unit shall not be larger than 950 square feet except that an accessory dwelling unit attached to an existing structure shall not result in an expansion of more than twenty percent (20%) of the square footage of the existing structure.

(b) Lot Coverage. Same as underlying zone.

(c) Setbacks. Same as underlying zone.

(d) Process. Accessory dwelling units are processed as a Type I for the first accessory dwelling unit and Type II for an additional accessory dwelling unit.

(e) Second Accessory Dwelling Unit. A second accessory dwelling unit can be approved on the same property, provided the subject property is at least 7,500 square feet and the second accessory dwelling unit otherwise meets the requirements of this code including, without limitation, the conditional use criteria. Only one accessory dwelling unit can be a detached dwelling unit (i.e., one of the accessory dwelling units must be attached to another structure such as the primary dwelling structure or a detached garage).

(a) Process. The Community Development Director may grant waivers or modifications to the standards listed in subsection (4) of this section if the Community Development Director finds that: (i) the waiver or modification will not harm or will be beneficial to the public in general; and (ii) the waiver or modification is not inconsistent with the general purpose, or any City plans or policies, of promoting attractive housing stock. The application for a waiver, modification, or deferral must be in writing submitted as part of a development application and shall be subject to applicable fees established by the City Council. The application must specify the nature of the requested waiver or modification and how the criteria listed above are met. The Community Development Director may impose any condition of approval necessary to satisfy the purposes of this section, including, without limitation, requiring that the developer exceed one particular standard in lieu of meeting another particular standard.

(b) Approval Criteria. The Planning Commission may grant an exception, if the following criteria are met:

(a) Emergency shelters shall comply with standards for granting conditional uses contained in Chapter 18.65 MDC; and

(b) All emergency shelters shall obtain an emergency shelter license from the City of Madras to ensure fire, life, and safety requirements are satisfied prior to an emergency shelter operating. [Ord. 933 § 6.7, 2019.]

(a) A narrative describing the bed and breakfast operation, the number of employees, any equipment or amenities not normally associated with a dwelling, and how the proposal satisfies all applicable standards of this Development Code.

(b) A plot plan showing:

(c) Sign. A sign application must be submitted and approved through the Community Development Department.

(a) The bed and breakfast must operate in an owner-occupied single-family dwelling.

(b) The bed and breakfast must provide up to five guest rooms without individual kitchens.

(c) Temporary sleeping accommodations for paying guests are not to exceed thirty (30) consecutive days.

(d) The bed and breakfast shall include meal service as a part of the establishment.

(e) A sign application must be approved through the Community Development Department.

(f) The bed and breakfast must submit a plot plan showing the location of the existing dwelling and parking for guests and residents.

(g) The bed and breakfast must provide two parking spaces, plus one parking space per guest room. Utilizing on-street parking shall not infringe on other property owners in the area of the bed and breakfast.

(h) The proposal will not substantially increase traffic in the neighborhood.

(i) The bed and breakfast shall comply with standards of the Jefferson County Health Department and provide a copy of the certificate of compliance to the Community Development Department.

(j) The bed and breakfast shall comply with all fire and safety regulations.

(k) The bed and breakfast shall comply with and obtain all required building permits.

(l) The bed and breakfast shall obtain a business license issued by the City prior to commencement of the business and register for applicable transient room taxes.

(m) Expansion of existing dwelling to accommodate the bed and breakfast shall be limited to twenty percent (20%) of the existing floor area.

(n) The proposal will not change the residential character of the neighborhood

(o) The proposal will not violate any provisions of applicable covenants, conditions, and restrictions (if they exist) governing the property.

(p) The hours of operation are consistent with the residential character of the neighborhood.

(q) The proposal is consistent with the Comprehensive Plan and the objectives of the Development Code.

(r) The proposal will not unreasonably interfere with other uses permitted in the residential zone in which the property is located. [Ord. 933 § 6.8, 2019.]

(a) A narrative describing the home occupation, the number of employees, any equipment not normally associated with a dwelling, and how the proposal satisfies all applicable standards of this Development Code.

(b) A plot plan showing:

(c) Sign. A sign application must be submitted and approved through the Community Development Department.

(a) Home occupations must be operated in the primary dwelling or an accessory structure on the same lot by the resident(s) of the primary dwelling.

(b) The home occupation has no more than three full-time equivalent (forty (40) hours per week) employees, including occupants of the dwelling, engaged in the home occupation.

(c) The home occupation will not change the residential character of the neighborhood.

(d) The home occupation will not substantially increase traffic in the residential neighborhood.

(e) The hours of operation are consistent with the residential character of the neighborhood.

(f) The home occupation will not unreasonably interfere with other uses permitted in the residential zone in which the property is located.

(g) The proposal is consistent with the Comprehensive Plan.

(h) Taking into account the location, size, design, and operation characteristics of the proposal, the home occupation will not impose any adverse impact on the livability, value, and/or development opportunities of abutting properties and the surrounding area. [Ord. 933 § 6.9, 2019.]

(a) The minimum lot size for a service station site shall be 10,000 square feet on a corner lot and 12,000 square feet on any other lot.

(b) The minimum street frontage on the major traffic-carrying street of a corner lot shall be 100 feet.

(c) The minimum street frontage for a service station site on other than a corner lot shall be 120 feet.

(d) The minimum lot depth shall be 100 feet.

(a) When property used for a service station abuts on property used for residential purposes, there shall be placed along the boundary between the residential property and the service station a solid wall or fence six feet high, or as an alternative, an evergreen hedge at least four feet high and capable of attaining a height of six feet.

(b) Any area used for the storage of trash or other waste shall be screened by a solid wall or fence which prevents the said objects from being visible from any public street or sidewalk.

(a) Lighting shall be of illumination, direction, color, and intensity so as not to create a nuisance on adjacent property or to create a traffic hazard.

(b) Wiring for the business and its signs and outdoor light fixtures shall be underground. Structural exterior lighting shall not project directly into an abutting lot.

(c) A source of light, or light reflective or amplifying device shall not be visible from outside the property line.

(d) No structure shall have blinking, strobe, or rotating light(s) unless required by the FAA.

(e) Lighted poles shall not exceed 20 feet in height.

(a) Location.

(b) Maximum Number of Towers. No more than one communication tower is allowed on any one lot or parcel. The Planning Commission may approve an exception to the maximum number of communication towers per lot or parcel if one of the following findings is made:

(c) Setbacks.

(d) Historic Properties. No visible communications facility shall be allowed on any building or structure, or in any district, that is listed on any federal, state, or local historical register unless it is determined by the Planning Commission that the facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high visibility facilities are permitted on any such building, any such site, or in any such district.

(e) Height Requirements.

(f) Design Standards. All communications facilities and towers, including expansions to existing facilities and towers, shall be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All facilities shall also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant shall use the least visible antennas reasonably available to accomplish the coverage objectives. All facilities and towers shall be sited in such a manner as to cause the least detriment to the viewshed of adjoining properties, neighboring properties, and distant properties.

(g) Noise. Noise from any equipment supporting the communications facility shall not substantially exceed ambient noise levels in the vicinity of the communications facility.

(h) Signs. No signs, striping, graphics, or other attention-getting devices are permitted on any communication tower or communications facility, except for warning and safety signage with a surface area of no more than three square feet. Signs shall be affixed to a fence or ancillary facility and limited to no more than two signs unless more are required by law.

(i) Parking. No net loss in required parking spaces shall occur as a result of the installation of any communication tower or communications facility.

(j) Equipment. Cabinets and other accessory equipment shall not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land and shall be screened from view and/or integrated into existing structures or improvements. Equipment cabinets shall display current contact information of the operator to report maintenance problems.

(k) Lighting. Communications facilities shall not include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the decision maker shall review the available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes shall be shielded and directed downward and shall comply with the City’s outdoor lighting standards unless otherwise required under federal law.

(l) No Speculation. No application shall be accepted or approved for a speculation communication tower, i.e., from an applicant that simply constructs communication towers and leases communication tower space to service providers, but is not a service provider, unless the applicant submits a binding written commitment or executed lease from a service provider to utilize or lease space on the communication tower.

(m) Right-of-Way/Franchise Agreement. Any communications facility proposed to be located in a right-of-way or other public property shall be subject to execution of a right-of-way agreement or franchise agreement in a form suitable to City.

(n) Abandonment. Any communications facility or tower that is abandoned from active use for a period exceeding one year shall be removed by the property owner as well as any supporting communication equipment, accessory structures, and other appurtenances. If the owner fails to comply with this provision, the City may call upon any bond, cash deposit, personal guarantee or any other security associated with the communications facility or communication tower to finance the cost or expenses resulting from such noncompliance. “Abandonment” is defined as:

(a) Any application related to a communications facility, communication tower, antenna, or related apparatus, shall include the following submittals:

(a) Eligible Modifications.

(b) New Facilities and Substantial Modifications.

(c) Microcell/Small Cell.

(a) Marijuana businesses, including new marijuana businesses located at the same location as a previously approved marijuana business, shall obtain site plan approval under MDC 18.40.020. Notwithstanding the foregoing, no site plan approval is required for:

(b) All applications for marijuana businesses shall be made in the name of the person and/or entity identified in any state licensing and the City business license.

(c) A marijuana business cannot be approved as a home occupation.

(a) Marijuana businesses can only be approved in the zones in which the specific type of marijuana business is expressly identified as a permitted use. Permissibility of one type of marijuana business in a particular zone cannot be the basis to allow a nonpermitted type of marijuana business as a similar use under MDC 18.80.320.

(b) An applicant for a marijuana business must obtain a City business license and, as applicable, a recreational marijuana or dispensary permit pursuant to the time, place, and manner restrictions prior to initiating the use, but no later than six months after land use approval.

(c) Applicant’s proposal must demonstrate compliance, or the ability to comply (with appropriate conditions of approval) with applicable provisions of the time, place, and manner Restrictions.

(d) If there are any conflicting standards between state law, the time, place, and manner restrictions, and this Development Code, the most stringent standard shall apply.

(e) All exterior lighting must comply with the outdoor lighting standards.

(f) Co-location of marijuana businesses on the same property is permitted except as prohibited by state law, the time, place, and manner restrictions, and this Development Code.

(g) All marijuana businesses will conduct operations inside secure, enclosed structures. Marijuana products may not be displayed in a manner that is externally visible to the public. No drive-through, curb-side, mobile, or other external sales methods are permitted.

(h) The applicant shall demonstrate how the proposed marijuana business complies with all state security system requirements applicable to the proposed marijuana business.

(i) The applicant must demonstrate how measures to control odors satisfy applicable requirements set forth in the time, place, and manner restrictions.

(j) The structure within which the marijuana business will operate must meet applicable fire and building code requirements.

(k) Applications for a specific type of marijuana business shall satisfy the additional standards applicable to that type of marijuana business set out in subsections (3) through (8) of this section.

(a) A medical marijuana dispensary must not be located:

(b) Medical marijuana dispensaries are not permitted in the Industrial (I) Zone even when incidental or subordinate to a permitted use in the Industrial Zone.

(c) Medical marijuana dispensaries are considered “retail” for purposes of parking requirements.

(a) Marijuana retailers must not be located:

(b) Marijuana retailers are not permitted in the Industrial (I) Zone even when incidental or subordinate to a permitted use in the Industrial Zone.

(c) Marijuana retailers are considered “retail” for purposes of parking requirements.

(a) Marijuana production facilities shall only be approved if the growing activities occur exclusively within permanent, fully enclosed, rigid, nontranslucent structures that require a building permit. All lighting used for growing purposes must be contained completely inside the structure. No hoop-houses, sheds, shipping containers, trailers, or similar structures are permitted.

(b) Under no circumstances, and notwithstanding anything in this Development Code to the contrary, may retail sales of marijuana products occur at the same location as a marijuana production facility in the Industrial (I) Zone.

(a) Marijuana processing operations shall only occur in permanent, fully enclosed, rigid, nontranslucent structures requiring a building permit.

(b) Under no circumstances, and notwithstanding anything in this Development Code to the contrary, may retail sales of marijuana products occur at the same location as a marijuana processing facility in the Industrial (I) Zone.

(a) Under no circumstances, and not withstanding anything in this Development Code to the contrary, may retail sales of marijuana products be conducted by a marijuana wholesaling business in the Industrial (I) Zone.

(a) Under no circumstances, and notwithstanding anything in this Development Code to the contrary, may retail sales of marijuana products be conducted by a marijuana testing laboratory in the Industrial (I) Zone.

(a) The applicant for a marijuana business shall obtain and present documentation of all applicable state approvals, registrations, licensing, and permitting to the City within six months of site plan or zoning application approval.

(b) Marijuana businesses shall keep all required state registrations, licensing, and permitting current at all times.

(c) Marijuana businesses shall keep all required City business licenses, permits, or other required approvals current at all times.

(d) At all times, marijuana businesses shall remain compliant with applicable provisions of the time, place, and manner restrictions and applicable state laws governing marijuana businesses, all as they may be amended from time to time.

(e) At all times, the operator of a marijuana business shall be the same person or entity holding the corresponding City business license, recreational marijuana or dispensary permit, and applicable state registrations, licensing, and/or permitting. The operator shall provide the City notice and appropriate documentation from the state of any changes in ownership or the suspension, loss, or forfeiture of any state approval, registration, licensing, or permitting.

(f) Notwithstanding anything to the contrary in this Development Code, any approval for a marijuana business shall be void if any condition of approval is violated and not cured within thirty (30) days of the City’s delivery of a notice identifying the violation. The Community Development Director may prescribe a longer cure period provided such period does not exceed ninety (90) days.

(g) Notwithstanding anything to the contrary in this Development Code, any approval for a marijuana business shall be deemed abandoned, and thus void, if the marijuana business ceases to operate for any period of one hundred eighty (180) or more consecutive days. [Ord. 933 § 6.14, 2019.]

(a) Industrial hemp uses can only be approved in the zones in which the specific type of industrial hemp use is expressly identified as a permitted use. Permissibility of one type of industrial hemp use in a particular zone cannot be the basis to allow a nonpermitted type of industrial hemp use.

(b) A industrial hemp use cannot be approved as a home occupation.

(c) All exterior lighting must comply with the outdoor lighting standards.

(d) The applicant must obtain all required state licenses and registrations and operate the industrial hemp use in accordance with state law.

(e) Applications for a specific type of industrial hemp use shall satisfy the additional standards applicable to that type of industrial hemp use set out in subsections (2) through (3) of this section.

(a) Industrial hemp production facilities shall only be approved if the growing activities occur exclusively within permanent, fully enclosed, rigid, nontranslucent structures that require a building permit. Notwithstanding the foregoing, industrial hemp production can occur within a greenhouse compliant with MDC 18.30.200. All lighting used for growing purposes must be contained completely inside the structure. No hoop houses, sheds, shipping containers, trailers, or similar structures are permitted.

(b) In the Mixed-Use Employment (MUE) Zone, odors from industrial hemp production shall not be detectable at the property line.

(c) Retail sales of industrial hemp products may occur at the same location as an industrial hemp production facility in the Industrial (I) Zone as an ancillary use provided, and notwithstanding anything herein to the contrary, such retail sales occupy less than ten percent (10%) of the total square footage of the structures in which industrial hemp production occurs. Retail sales need not be primarily for the use and convenience of the employees who work in the industrial area.

(a) Industrial hemp processing operations shall only occur in permanent, fully enclosed, rigid, nontranslucent structures requiring a building permit.

(b) In the Mixed-Use Employment (MUE) Zone, odors from industrial hemp processing shall not be detectable at the property line.

(c) Retail sales of industrial hemp products may occur at the same location as an industrial hemp processing facility in the Industrial (I) Zone as an ancillary use provided, and notwithstanding anything herein to the contrary, such retail sales occupy less than ten percent (10%) of the total square footage of the structures in which industrial hemp processing occurs. Retail sales need not be primarily for the use and convenience of the employees who work in the industrial area.

(a) The applicant for an industrial hemp use shall obtain and present documentation of all applicable state approvals, registrations, licensing, and permitting to the City within six months of site plan or zoning application approval.

(b) Industrial hemp uses shall keep all required state registrations, licensing, and permitting current.

(c) At all times, industrial hemp uses shall remain compliant with applicable provisions of state laws governing industrial hemp, all as they may be amended from time to time.

(d) No outdoor storage or display of industrial hemp or industrial hemp products. [Ord. 952 § 2.1 (Exh. B), 2020; Ord. 933 § 6.15, 2019.]

(a) Stacking lanes must be set back five feet from all lot lines.

(b) All driveway entrances, including stacking lane entrances, must be at least 50 feet from an intersection.

(c) Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

(d) Stacking lanes must be clearly identified and separated from parking and travel areas through such means as striping, curbing, landscaping, and signs.

(e) Service Stations. A minimum of 30 feet of stacking lane is required between a curb cut and the nearest gasoline pump.

(f) Drive-in Restaurants. A minimum of 150 feet for a single stacking lane, or 80 feet per lane when there is more than one stacking lane, is required. A stacking lane is measured from the curb cut to the area where the service is provided. Stacking lanes do not have to be linear.

(g) Other Drive-Through and Drive-Up Facilities. A minimum of 45 feet for a single stacking lane, or 30 feet when there is more than one stacking lane, is required. A stacking lane is measured from the curb cut to the area where the service is provided. Stacking lanes do not have to be linear. [Ord. 933 § 6.16, 2019.]

(a) Helicopter landing pads must meet the most stringent safety standards since they are used by pilots of varying familiarity with the flight path locations, typical wind effects, and facility layout. To meet this highest level of safety, such facilities must meet all recommended standards of the FAA Heliport Design Guide, AC150/5390. The review body must include any conditions of approval recommended by the FAA as a condition of approval.

(b) Helicopter landing pads must also meet safety standards as required by the State of Oregon Department of Aviation.

(c) Helicopter landing pads must meet the fire suppression and safety standards of the Fire Marshal.

(d) The site area and physical facilities must be able to accommodate aircraft parking and landing pads, motor vehicle and emergency equipment access and parking, buffering and screening, and sufficient helicopter parking spaces to allow the landing of approaching aircraft without delay.

(e) The review body may impose setbacks and minimum distances from residential zones for helicopter landing pads as follows:

(f) Unless located on a rooftop at least 25 feet in height, a five-foot deep landscape buffer must be provided around the helicopter landing pad.

(g) All take-off, landing, and parking areas of helicopter landing pads must be surfaced with a dust-proof material.

(a) Livability. Development should contribute to a livable neighborhood by incorporating visually pleasing design, minimizing the impact of vehicles, emphasizing pedestrian and bicycle connections, providing housing in close proximity to existing commercial uses, and providing public and private open spaces for outdoor use.

(b) Compatibility. Development should have a scale that is appropriate for the surrounding neighborhood and maintains the overall residential character of Madras while being sensitive to the natural topography and significant natural features.

(c) Safety and Functionality. Development should be safe and functional, by providing visibility into and within a residential development and by creating a circulation system that prioritizes bicycle and pedestrian safety and is well integrated into the city’s overall circulation system.

(a) Applicability for New Construction. Residential design standards apply to new construction of all forms of dwellings but are not uniformly applied to each type of dwelling unit or type of site development. Applicability (or nonapplicability) of specific residential design standards to specific dwelling types is set forth in MDC Table 18.30.190-1. Additional design standards for townhouses and cottage clusters can be found in MDC 18.30.191 and 18.30.192.

(b) Applicability for Modifications. The residential design standards apply to all modifications or alterations of all dwelling types except as otherwise provided below:

(c) Waivers or Modifications. The Community Development Director may waive or modify any residential design standard if the Community Development Director finds that: (i) the waiver or modification will not harm or will be beneficial to the public in general; and (ii) the waiver or modification is not inconsistent with the general purpose, or any City plans or policies, of promoting attractive housing stock. The application for a waiver, modification, or deferral must be in writing submitted as part of a development application, shall be subject to applicable fees established by the City Council, and shall require that the application be subject to a Type II procedure if not already subject to a Type II or higher procedure. The application must specify the nature of the requested waiver or modification and how the criteria listed above are met. The Community Development Director may impose any condition of approval necessary to satisfy the purposes of this section, including, without limitation, requiring that the developer exceed one particular standard in lieu of meeting another particular standard.

(a) Articulation. All buildings shall incorporate design elements that break up all street-facing façades into smaller planes as follows:

(b) Transparency. At least fifteen percent (15%) of the area of each street-facing façade must be windows or entrance doors.

(c) Main Entrance. At least one main entrance must meet both of the following standards:

(d) Detailed Design. All buildings containing dwellings shall include at least five of the following features on any street-facing façade. See MDC Figures 18.30.190(4) and 18.30.190(5) for illustration of this standard.

(e) Transitional Space. Ground floor dwellings which have their entry access from the street or a shared open space (e.g., a common courtyard) must include an area of transition behind the right-of-way (or tract or easement). The standards below apply when the private dwelling entry access door is within 10 feet of the street-facing property line, within the front yard setback, or within 10 feet of a shared open space common tract. Mixed-use residential buildings are exempt from this standard. The transitional space between the public realm and the entry door may be either vertical or horizontal, as described below. A lobby counts as transitional space.

(f) Common Area.

(g) Pedestrian Circulation.

(h) Off-Street Parking.

(i) Privacy and Screening.

(j) Storage.

(k) Trash Enclosures. Any residential development of three or more dwelling units (including any townhome or cluster development of three or more dwelling units) must provide an enclosure for storage of trash and recycling bins or dumpsters. The trash enclosure may either be at a centralized location or incorporated into the design of each dwelling unit. Trash enclosures must use the same color and materials as the dwelling units on the site. Trash collection bins or carts must be approved by the collection company. The trash enclosures and service areas are subject to the same setback standards from all public or private streets as the dwellings on the site. [Ord. 968 § 2.5 (Exh. E), 2022; Ord. 945 § 2 (Exh. B), 2020.]

(a) Minimum Number of Townhouses. Two.

(b) Maximum Width of Townhouses.

(c) Minimum Separation Between Adjacent Sets of Townhouses.

(d) Minimum Lot Size.

(e) Minimum Lot Width. N/A.

(f) Density. The minimum and maximum density in the applicable zone.

(g) Setbacks.

(h) Maximum Building Height, in Feet.

(i) Maximum Lot Coverage (Percent of Lot Area). N/A.

(j) Side Yard Height Plane Limit. Expressed in height above ground at minimum side yard depth (in feet) / slope of plane (degrees). In all zones the side yard height plane limit is 20 feet / 45 degrees. Notwithstanding the foregoing, there is no applicable side yard height plan limit for townhomes sharing a wall.

(k) Off-Street Parking.

(a) Landscaping. In the case of townhomes, the landscaping standard for each lot can be satisfied across the townhome development (as opposed to satisfied on each townhome lot) where communal open space is provided within the townhome development.

(b) Driveway Access and Parking.

(ii) A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot.

(iii) Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway.

(A) A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.

(iv) Garages on the front façade of a townhouse, off-street parking areas in the front yard, and driveway accesses in front of a townhouse are prohibited unless the following standards are met:

(A) Development of two townhomes must have at least one shared access between the lots, and development of four or more townhomes must have at least one shared access per four townhomes.

(B) Shared accesses are spaced a minimum of 24 feet apart.

(C) Outdoor on-site parking and maneuvering areas do not exceed 10 feet wide on any lot.

(D) The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.

(a) Minimum Number of Cottages.

(b) Maximum Number of Cottages in a Cluster. Twelve (12) in all zones.

(a) Minimum Lot Size. Same as base zone.

(b) Minimum Lot Width. N/A.

(c) Density, Maximum. The maximum density in the applicable zone.

(d) Density, Minimum. The minimum density in the applicable zone.

(e) Setbacks.

(f) Building Separation.

(g) Cottage Cluster Separation. Twenty feet is required between cottage clusters that occupy a single lot unless permitted to be attached.

(h) Unit Size, Average, in Square Feet.

(i) Cottages on Individual Lots.

(j) Building Height, in Feet. The maximum building height for all structures is 25 feet.

(k) Off-Street Parking.

(l) Conversions.

(a) Cottage Orientation.

(b) Common Courtyard Design.

(c) Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

(d) Transparency. Cottages within 20 feet of a street property line must meet any window coverage requirement in MDC 18.30.190(4)(b).

(e) Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

(a) Urban-style residential frontages must be provided along 4th, 5th, B, C, and D Streets within the C-2 and C-3 zones.

(a) Minimum Ground Floor Height. The ground floor must be a minimum of 14 feet in height. Ground floor height is measured from the floor to the ceiling of the first floor. This standard allows for ground floor spaces that can accommodate service commercial spaces (e.g., “live-work” office space) and be converted to retail uses in the future.

(b) Transitions. This standard applies when a dwelling unit is located on the ground floor. A vertical or horizontal separation must be provided between the public right-of-way and the residential entryway and any habitable room. This zone of transition is referred to as the front yard transition space and consists of three zones including the (1) gateway, (2) front yard, forecourt, or dooryard, and (3) porch, stoop, or terrace. Each of the three zones must meet the following standards:

(a) Greenhouses must support and/or be associated with a permitted use on the property.

(b) Greenhouses must be accessory to an approved permanent building that:

(c) Greenhouses require a structural building permit.

(d) Grow lights are prohibited in greenhouses. Other outdoor lights are allowed when compliant with the outdoor lighting standards.

(e) Greenhouses must not be located between the primary street serving the property and the primary building on the property. Greenhouses can only be located beside or behind the primary building on the property.

(f) Greenhouses must comply with setbacks and other applicable requirements of the Industrial (I) Zone. [Ord. 952 § 2.1 (Exh. B), 2020.]