The ordinance codified in this title shall be known as the Monmouth Zoning Ordinance. (Code 1983 § 90.005.)

The purpose of this title is to provide procedures for dividing the City of Monmouth into zones and to provide requirements governing the use of land within those zones. Such zones shall be established in accordance with a comprehensive plan and shall be designed to implement that plan. (Code 1983 § 90.010.)

This title is established under the provisions of ORS Chapter 227. (Code 1983 § 90.015.)

As used in this title, the masculine includes feminine and neuter and the singular includes the plural. The particular controls the general. The word “shall” is mandatory, and the word “may” is permissive. (Code 1983 § 90.018.)

Land may be used only as this title permits. A structure or part of a structure may be constructed, erected, enlarged, or used only as this title permits. (Code 1983 § 90.020.)

The City of Monmouth is hereby divided into zones. The zones established by this title shall be as follows:

(1) Low density residential (RS) zone.

(2) Medium density residential (RM) zone.

(3) High density residential (RH) zone.

(4) Commercial office (CO) zone.

(5) Commercial highway (CH) zone.

(6) Commercial retail (CR) zone.

(7) Commercial retail transitional (CRT) zone.

(8) Industrial park (IP) zone.

(9) Public services (PS) zone.

(10) Public service college (PSC) zone.

(11) Floodplain overlay zone (FP).

(12) Mixed density residential zone (MX).

(13) Main Street district (MS).

(14) Light industrial (IL) zone.

(15) Open space – agriculture (OS-AG) zone.

(16) General industrial (GI) zone. (Code 1983 § 90.025.)

(1) The boundaries for each zone listed in this title shall be identified on the official zoning map of the City of Monmouth.

(2) The official zoning map shall be dated with the effective date of the ordinance codified in this title and signed by the Mayor. The City Planner shall maintain the official zoning map. The official zoning map is located at City Hall.

(3) Whenever any uncertainty exists as to the boundary of a district shown on the official zoning map, the following regulations shall apply:

(a) Where a boundary line is shown as following a street or alley, it shall be construed to follow the centerline of such right-of-way;

(b) Where a boundary line follows or coincides with a lot or property ownership line, it shall be construed to follow such lines;

(c) Where a boundary line is now shown as following or approximately coinciding with a street, alley, lot line, or property ownership line, the boundary line shall be determined by the use of the scale shown on the official zoning map;

(d) Where a boundary line coincides with a City limits line, the district boundary shall be construed as following the City limits;

(e) Zoning map amendments shall be made by the City Planner or an authorized representative with the authorization of the Mayor and City Council pursuant to the provisions of this title. All map amendments shall refer to the date and ordinance number authorizing such change. (Amended by Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 90.030.)

The City shall have the power and duty to administer the provisions of this title. An appeal from a ruling of the City Planner may be made to the Planning Commission. Such an appeal shall be submitted on forms provided by the City and accompanied by the appropriate fee and must be received by the City within 12 days of the action of the City Planner. (Code 1983 § 90.035.)

Any amendment of the text of this title shall be accomplished by ordinance of the City Council. Proposals for such amendments shall be submitted to the Planning Commission for public hearing. The Planning Commission shall submit to the City Council its written recommendation regarding amendment. Such recommendation shall be submitted to the City Council within 30 days of the Planning Commission’s action of the proposed amendment. (Code 1983 § 90.040.)

(1) The Planning Commission shall have the power and the duty to hear and act upon requests for Comprehensive Plan amendments, zone changes, conditional uses, planned unit developments, manufactured dwelling parks, variances and certain site plan reviews in accordance with the procedures set forth in this title and MCC 15.05.170, Monmouth Site Plan Review Committee approval required.

(2) The City Planner and Planning Commission shall have the power and duty to interpret this title.

(a) When, in the administration of this title, there is doubt regarding the intent of this title, the City Planner may issue an interpretation of this title if they first determine that such interpretation is within their power and is not a legislative act. Any interpretation of this title shall be based on the following:

(i) The purpose and intent of this title as applied to the particular section and question;

(ii) The opinion of the City Attorney, when requested by the City Planner.

(b) The City Planner may decide that the interpretation of the question is not within their power or that there is insufficient basis upon which to make an interpretation and may, when necessary, propose an amendment to this title.

(c) Any interpretation shall be forwarded within 30 days to the Planning Commission for its information. When such interpretation is of general public interest, copies of such interpretation shall be made available for public distribution, when so directed by the City Planner. (Code 1983 § 90.045.)

The City may permit a use not described or listed in this title if the requested use is of the same general type as, and is similar to, other uses permitted in the applicable zone. Such review and permission shall be made through a Type II similar use determination, pursuant to Chapter 18.10 MCC. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.050.)

(1) Within the zones established by this title or amendments to it, there may exist lots, parcels, structures, uses and activities which were lawful prior to the adoption of this title but which are prohibited or restricted under these more recent regulations. It is the intent of this section that such preexisting nonconforming lots, parcels, structures, uses and activities shall be permitted to continue until they are removed or abandoned. Such nonconformities, however, are declared by this section to be incompatible with the uses and activities permitted in the same zone under this title; their continued existence is not encouraged, and they shall not be enlarged or extended beyond the area, size, or scope of activity that existed at the time they became nonconforming. Continuation or expansion of manufactured dwelling parks shall be governed by the provisions of Chapter 17.35 MCC.

(2) The City Planner shall authorize restoration or replacement of a lawful, nonconforming structure when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction.

(3) If a preexisting nonconforming use, activity, or structure has been abandoned or discontinued for a period of 12 consecutive months or more, any subsequent use of the property shall comply with the provisions of the zone affecting that property.

(4) The City Planner shall authorize restoration or replacement of the building(s) associated with a lawful, nonconforming use when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.055.)

The provisions of this title shall be held to be the minimum requirements fulfilling this title’s objectives. In the event that some of the requirements imposed by this title are less restrictive than comparable requirements imposed by any other provisions of this title or any other ordinance, resolution, or regulation, the requirements that are more restrictive shall govern. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.060.)

The provisions of this title are hereby declared to be severable. If any section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.065.)

The violation of any provision of this chapter is punishable upon conviction by a fine not to exceed $500.00. Each day the violation continues shall constitute a separate violation. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.070.)

Repealed by Ord. 1320. (Code 1983 § 90.075.)

(1) Fees shall be required for all land use applications in order to process such applications.

(2) The amount of the fees for land use applications shall be established by resolution of the City Council. A list describing such fees shall be maintained in City Hall.

(3) All fees shall be nonrefundable except in cases when the processing of an application ceases before the incurring of any substantial expenses for typing, mailing, site inspection or other work by the City’s staff. Refunds shall be made at the discretion of the City Manager.

(4) When an application is filed for two or more actions at the same time and for the same property, the fee shall consist of the single highest fee and half of the fee amount for the lesser fees. (Amended by Ord. 1260, January 3, 2008; Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.080.)

For the purposes of this title, words used in the present tense shall include the future tense. Use of the masculine gender includes the feminine gender. Use of the singular number shall include the plural as the context may require. The word “shall” indicates a mandatory action. The term “this title” shall include all subsequent amendments of the ordinance codified in this title. The term “lot” shall include the word “parcel.” (Code 1983 § 90.085.)

(1) The Building Official shall not issue any required building permit for any proposed construction, reconstruction, change of use, expansion, or development for which the public facilities serving such development are not fully improved to current City standards when such construction, reconstruction, change of use, expansion, or development will increase the demand on public facilities. Such increases may include, for example, higher traffic volumes, including truck traffic, greater storm run-off volumes, larger wastewater flows, higher water or fire flows, or greater electrical loads. Public facilities include streets, sidewalks, curbs, storm drains, sanitary sewers, water mains, electrical lines, and any necessary rights-of-way.

(2) The Building Official shall not issue any required building permit for any proposed construction, reconstruction, change of use, expansion or development not served by a street sidewalk unless a sidewalk will be constructed to the specifications and locations prescribed by the City as part of such construction, reconstruction, change of use, expansion or development, except as provided in subsection (2)(a), (b) or (c) of this section.

(a) If the cost of the proposed construction, reconstruction, change of use, expansion or development, either as shown on the application therefor, or when added to the cost of all previous construction, reconstruction, change of use, expansion or development on the same property within the immediately preceding three calendar years, is less than the lesser of (i) $30,000 or (ii) 15 percent of the real market value of the property as shown in the records of the Polk County Assessor, the applicant shall not be required to construct a sidewalk if the applicant signs a waiver of remonstrance against assessment for future sidewalk improvements in the manner provided in subsection (4)(d) of this section.

(b) If the street on which the sidewalk is to be constructed is in need of construction or major reconstruction, as determined by the Building Official, the applicant shall not be required to construct a sidewalk if the applicant signs a waiver of remonstrance against formation of a local improvement district or assessment of future sidewalk improvements in the manner provided in subsection (4)(d) of this section.

(c) Notwithstanding subsections (2)(a) and (b) of this section, if the Building Official, in the Building Official’s discretion, determines that it would be impractical or unreasonably expensive to require the construction of a sidewalk on account of physical constraints or topography, the Building Official may, on the request of the applicant, waive the requirement to construct a sidewalk under this section. If the Building Official denies a request to waive the requirement to construct a sidewalk, the applicant may appeal the Building Official’s decision in writing to the City Manager, who shall review the decision based on the information presented by the applicant to the Building Official. The City Manager’s decision shall be final.

(3) The Monmouth Public Works Design Standards and Standard Plans provide design and construction requirements for public facilities. The extent of specific public facility improvements for substandard facilities shall be based upon the requirements of the Zoning Ordinance, the design requirements of the Public Works Design Standards, and upon water, sewer, street, storm drainage, transportation, and/or electric or other master plans adopted by the City Council.

(4) For any construction, reconstruction, change of use, expansion, or development as described in subsection (1) of this section, the requirements to improve affected, substandard facilities shall be met in any one of four ways, as determined by the City through:

(a) Actual installation of the required improvement(s) by the building permit applicant;

(b) Formation of a local improvement district, or districts, to complete the required improvements;

(c) Signing of an improvement agreement between the applicant and the City, signed by the City Council and secured by a performance bond as provided for by MCC 17.15.200; or

(d) By the signing by the applicant of a waiver of remonstrance against the formation of a local improvement district or an assessment of improvement costs to construct the required public facilities. Such waiver shall be signed by all persons with an interest of record in the property being developed and shall be binding upon their successors in title.

These requirements are intended to apply to any new construction or development, and to any reconstruction or change in use of property, which may increase the demand on public facilities. Such increases may include, for example, higher traffic volumes, greater truck traffic, greater storm run-off volumes, larger wastewater flows, higher water or fire flows, or greater electrical loads.

(5) Decisions of the Director of Public Works, City Manager, or Planning Commission relating to public facility improvement requirements may be appealed directly to the City Council as provided in MCC 18.10.090. (Amended by Ord. 1281, August 3, 2010. Code 1983 § 90.090.)

Repealed by Ord. 1408. (Code 1983 § 90.100.)

Repealed by Ord. 1408. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 90.110.)

Repealed by Ord. 1408. (Added by Ord. 1372, § 1 (Exh. A), February 7, 2017; amended by Ord. 1405, § 1 (Exh. A), July 5, 2022.)

All development permits and land use actions are processed under the City’s administrative procedures. There are five types of actions, each with its own procedures.

(1) Zoning Checklist. For proposals that do not require a Type I – IV land use application, the City Planner reviews proposals using a zoning checklist. The zoning checklist is done concurrently with building permit review and is intended to ensure a project proposal meets the basic requirements of Article 2 (Zoning) before more detailed plans are prepared and before the City authorizes the Building Official to issue a building permit. The zoning checklist is not an official land use action; it is a ministerial process.

(2) Type I Action. Type I decisions are made by the City Planner, or their designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards that do not require the use of discretion (i.e., there are clear and objective standards). Type I decisions are not appealable.

Actions processed under the Type I procedure are listed in Table 18.10-A.

(3) Type II Action. Type II decisions are made by the City Planner, with public notice and an opportunity for appeal to the Planning Commission or City Council as noted in Table 18.10-A. Alternatively, the City Planner, or their designee, may refer the following Type II applications to the Planning Commission for its review and decision through a Type III procedure: parking determination, similar use determination and minor variance.

Actions processed under the Type II procedure are listed in Table 18.10-A.

(4) Type III Action. Type III decisions are made by the Planning Commission or Historic Commission after a public hearing, with an opportunity for appeal to the City Council. Type III decisions involve discretion but implement established policy.

Actions processed under the Type III procedure are listed in Table 18.10-A.

(5) Type IV Action. A Type IV action is a legislative review in which the City considers and enacts or amends laws and policies. Private parties may request a Type IV action; however, it must be initiated by the Planning Commission, or City Council. The City Council makes the final, local decision. MCC 18.10.050 lists the notice requirements and MCC 18.10.060 describes the hearing procedures.

Actions processed under the Type IV procedure are listed in Table 18.10-A.

(Amended by Ord. 1260, January 3, 2008; Ord. 1299, November 15, 2011; Ord. 1408, § 1 (Exh. A), May 2, 2023; Ord. 1418, § 1 (Exh. A), December 3, 2024. Code 1983 § 90.205.)

Applications for all land use actions as defined in this title shall be filed with the City Planner. An application shall be submitted in writing on the form provided by the City Planner and shall include the following:

(1) Name, address and telephone number of the applicant;

(2) Name, address and telephone number, and signature of the owner of the record of the subject property;

(3) Name, address and telephone number, and signature of any agent acting on behalf of the applicant;

(4) Township, range, section, and tax lot number of the subject property;

(5) A legal description of the property (for zone change and Comprehensive Plan Map amendment applications only);

(6) All information specifically required on the application form;

(7) The fee for the land use action, as determined by order of the City Council;

(8) Other information required by this title or deemed necessary by the City Planner or Planning Commission. (Amended by Ord. 1260, January 3, 2008; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.210.)

An application for a land use action may be filed by any of the following:

(1) The owner of record of the property that is the subject of the request;

(2) A contract purchaser of the subject property; provided, that a written statement of the owner of record’s consent to the request accompanies the application;

(3) A lessee of the subject property; provided, that a written statement of the owner of record’s consent to the request accompanies the application; or

(4) The agent of any of the above persons. A written statement of the owner of record’s consent to the request and a written statement that the agent is authorized to act on behalf of the applicant must accompany any application made by an agent.

(5) For the purpose of this section, if the subject property is owned by more than one person, all owners of record must apply or consent to an application for a land use action. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.215.)

(1) The purposes of preapplication conferences are:

(a) To acquaint the applicant or representative with the requirements of this code, including relevant approval criteria, standards and procedures;

(b) To advise the applicant or representative of previous land use applications or earlier issues associated with the site; and

(c) To provide opportunity for the applicant and City staff to identify and resolve potential concerns at the earliest opportunity in the development process.

(2) Applicability. Preapplication conferences are required, prior to land use application submittal, for all Type III and Type IV actions. For all other types of actions, preapplication conferences are optional. Preapplication conferences are not required for actions initiated by the City.

(3) Preapplication Waiver. An applicant may request a waiver of the preapplication requirement if the following conditions are met:

(a) The application is a Type III application and does not trigger a traffic impact analysis per MCC 18.150.030.

(b) The applicant fills out a preapplication waiver request form and submits it to the City.

The City Planner will review the preapplication waiver request and notify the applicant of their decision within seven days of receiving the request.

(4) Procedures for Preapplication Conferences.

(a) Preapplication conferences are initiated by the applicant by submitting a completed preapplication conference request form and payment of fees. Applicable review material including a description of the proposed use, a site plan, building plans, utility plans, and other material related to the proposal shall be provided at the time of the request.

(b) City staff will coordinate attendance by other jurisdictions, service providers, and City departments, as appropriate. Applicants are responsible for obtaining information necessary for a complete application submittal from any department or agency not able to attend.

(c) Upon receipt of a complete application, the City shall schedule the preapplication conference.

(5) At preapplication conferences, staff will review the preliminary project material and evaluate the project for compliance with applicable zoning, building, and public works standards.

(6) Staff Summary. After the meeting, staff will provide the applicant a written summary of items discussed at the preapplication conference within 15 days of the date of the meeting.

(7) Validity Period. If an application for a proposed development action is not submitted within 12 months of a preapplication conference on that development, or if the applicant chooses to modify a proposed development in such a way that additional code sections may be applicable, the applicant shall schedule a new preapplication conference.

(8) Disclaimer. The preapplication conference and staff summary do not constitute a land use decision, and information provided to an applicant is in no way binding upon the city. The preapplication conference does not preclude the applicability of standards, fees, reviews, or processes not identified during a preapplication conference to a subsequent land use application.

(9) Public. The preapplication request and staff summary may be reviewed, upon request, by any member of the public. The public does not have a right to attend, observe, or participate in the preapplication conference unless allowed by the applicant. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) Purpose. The purpose of the neighborhood review meeting is to allow neighbors and interested persons an opportunity to become familiar with the proposal and to identify any associated issues. The neighborhood review meeting is intended to assist in producing applications that are responsive to neighborhood concerns and to reduce the likelihood of delays and appeals. An applicant is encouraged to revise proposed development plans in response to input received at a neighborhood meeting; however, no revisions are required except to the extent necessary to meet applicable code standards or criteria.

(2) Applicability. A neighborhood review meeting is required for the following types of land use applications:

(a) Subdivisions with 20 or more lots;

(b) Applicant-initiated zone changes and plan amendments;

(c) Planned unit developments with 20 or more lots;

(d) Design review for projects with more than 50,000 square feet of building area;

(e) Site plan review for multidwelling developments with 20 or more units.

(3) Process. Prior to submitting a land use application requiring a neighborhood review meeting, the applicant shall arrange and attend one neighborhood review meeting for the purpose of sharing their proposal with the neighbors prior to application submittal. For consolidated land use applications where at least one application type requires a neighborhood review meeting, the applicant shall present all applications at the meeting. The neighborhood review meeting shall be open to the public and shall be arranged, publicized, and conducted as follows:

(a) Date and Time. The neighborhood review meeting shall:

(i) Be held not more than six months prior to land use application submittal and at least 14 days after providing mailed and posted notice as required in this title.

(ii) Be held at a time between 5:30 p.m. and 9:00 p.m. Monday through Friday, or between 9:00 a.m. and 9:00 p.m. on Saturday or Sunday; and

(iii) Shall not be held on a legal holiday.

(b) Location. The neighborhood review meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act.

(c) Written Notice. At least 14 days prior to the meeting, the applicant shall provide written notice of the neighborhood review meeting to:

(i) The City Planner.

(ii) All property owners and mailing addresses within 250 feet of the subject site. Upon request by the applicant, the City will provide a list of addresses that must be notified.

(iii) Written notice shall include:

(A) The name, telephone number, and email address of the applicant or applicant representative;

(B) The address of the subject property;

(C) A map of the subject property;

(D) The date, time, and location of the neighborhood review meeting;

(E) A summary of the proposal; and

(F) A conceptual site plan, if applicable, that includes the proposed development.

(d) Posted Notice. Posted notice of the neighborhood review meeting shall be provided as follows:

(i) The applicant shall post notice on the property affected by the proposal a minimum of 10 days prior to the meeting.

(ii) The posted notice shall:

(A) Be made of weatherproof materials to preserve the sign’s legibility during posting;

(B) Be posted on each street frontage of the subject property in a place that is visible from the public right-of-way. If no street abuts the subject property, the notice shall be placed as near as possible to the subject property in a place that can be readily seen by the public;

(C) Remain in place through the day of the meeting; and

(D) Contain the following information:

1. The name, telephone number, and email address of the applicant or representative;

2. The address of the subject property;

3. The date, time, and location of the neighborhood review meeting;

4. A brief summary of the proposal.

(e) Demonstration of Compliance. The applicant shall include the following in all land use application submittals that require a neighborhood review meeting:

(i) A copy of the notice sent to surrounding property owners and mailing addresses.

(ii) A copy of the mailing list used to send out meeting notices.

(iii) A written statement containing the information posted on the property (a photograph of the sign posted on the site will meet this requirement).

(iv) An affidavit of mailing and posting notices.

(v) Copies of written materials and eight and one-half inch by 11 inch size plans presented at the neighborhood review meeting.

(vi) Notes of the meeting, including the meeting date, time, and location, the name and address of those attending, and a summary of oral and written comments received.

(vii) If responses to the meeting notice were not received by the applicant and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.

(f) Failure of a property owner to receive notice shall not invalidate the neighborhood review meeting proceedings. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

In order to provide for citizen review of the planning process and the orderly keeping of records of actions relating to this title, the City shall ensure that the following measures are maintained and available for public review:

(1) City staff shall prepare a written report relating to all applications and actions pursuant to this title.

(2) The City shall maintain a record of all actions taken pursuant to this title. The record shall include the required application materials, any exhibits presented to the decision-making bodies, findings for approval or denial, conditions of approval, and any other materials that may have a bearing on the decision.

(3) Citizen and Agency Involvement. The City shall provide opportunities for public and agency input in the planning process. To ensure that there is a coordinated effort to permit land use projects, when applicable, notice shall be sent to interested agencies such as City departments, police and fire departments, school district, utility companies, and City, County, and State agencies. Affected jurisdictions and agencies include Polk County, Mid-Willamette Valley COG, the Department of Environmental Quality, the Oregon Department of Transportation, the City of Independence, and other affected or interested local, State or Federal agencies. The City shall give notice to the Oregon Department of Transportation (ODOT) regarding any proposed land use action within 250 feet of a State transportation facility.

Information conveyed to reviewing agencies and jurisdictions shall include the project location, proposed land use action, and the location of project access points.

(4) Completeness. Upon receipt of a land use application, City staff shall review the application for completeness with respect to the submission requirements of this title. If the application is incomplete, staff shall notify the applicant of exactly what information is missing within 30 days of the receipt of the application and allow the applicant to submit the missing information. The applicant has 180 days from the date of first submittal to provide one of the responses required under subsection (4)(a) of this section.

(a) An application will be deemed complete by the City if City staff determines, upon review of the application, that it includes the submission requirements of this title or, in the case of an application that the staff has found to be incomplete on filing, upon submission of any of the following:

(i) All of the missing information.

(ii) Some of the missing information and written notice from the applicant that no other information will be provided.

(iii) Written notice from the applicant that none of the missing information will be provided.

(b) If an applicant receives notice that the application is incomplete and fails to provide one of the responses required under subsection (4)(a), of this section, within 180 days from the date of first submittal, the application will be deemed void. The City will not refund application fees for voided applications. The applicant may resubmit a voided application to the City; however, it will be treated as a new application and will be subject to all current fees, development standards, approval criteria, and submittal requirements.

(c) Information submitted to the City after the date the application is determined to be or deemed complete that constitutes a substantial change from the original application shall authorize review as a new application. The City Planner shall determine whether a submission constitutes a substantial change from the original application.

(5) Type I. This subsection establishes the procedures to be followed in Type I actions. Applications subject to Type I review shall be reviewed and decided by the City Planner.

(a) Within 30 days of an application being deemed complete, or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria as set forth in this title.

(b) Written notice of any Type I decision shall be mailed to the applicant.

(c) The decision of the City Planner shall be the final decision. Type I applications are not eligible for appeal.

(d) The timing requirements established in this subsection are intended to allow a final action within 120 days from the date the City deems the application complete.

(6) Type II Actions. This subsection establishes the procedures to be followed in Type II land use actions.

(a) Once the application is deemed complete, notice of the application will be sent to interested agencies such as City departments, school district, utility companies, and applicable State agencies.

(b) Notice of the application will be sent to all property owners of record within 250 feet of the subject property. Property owners who receive notice will have 14 days to respond with written comments prior to issuance of a decision.

(c) Limited to Parking Determination, Similar Use Determination, and Minor Variance Applications. If the staff finds that the facts of the particular case require interpretation of existing standards, then the application may be forwarded to the Planning Commission for review. The procedures for conducting the public hearing shall comply with the standards in MCC 18.10.060.

(d) If staff does not forward the application to the Planning Commission for review, then within 30 days of being deemed complete, or such longer period mutually agreed to by both staff and the applicant, staff shall make a decision based on an evaluation of the proposal and on applicable criteria as set forth in this title.

(e) Written notice of any Type II decision shall be mailed to the applicant and any person that requested a copy of the decision. The decision shall include a summary of the appeal process, including the appeal deadline, appeal fee, and instructions for submitting an appeal.

(f) Conditions of Approval. Approvals of any Type II action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals:

(i) Conditions shall be related to the following:

(A) Protection of the public from the potentially deleterious effects of the proposed use; or

(B) Fulfillment of the need for public service demands created by the proposed use.

(ii) Changes or alterations of conditions shall be processed consistent with the level of review provided for the original approval.

(iii) Whenever practical, all conditions of approval required by the City shall be completed prior to the issuance of an occupancy permit. When an applicant provides information that demonstrates to the satisfaction of the City that it is not practical to fulfill all conditions prior to issuance of such permit, the City may require a performance guarantee to ensure compliance with zoning regulations or fulfillment of required conditions.

(g) A Type II land use decision may be appealed to the Planning Commission by the applicant or other interested party. The appeal must be filed within 12 days from the date of the decision, pursuant to the provisions of MCC 18.10.090.

(h) The timing requirements established in this subsection are intended to allow a final action, including resolution of any appeals, within 120 days from the date the City deems the application complete. If for any reason it appears that such final action may not be completed within the 120-day period, unless the time period is voluntarily extended by the applicant, the following procedures shall be followed regardless of other processes set forth elsewhere in this title:

(i) The City staff shall notify the Planning Commission of the time conflict by the ninety-fifth day. The Planning Commission shall, in accordance with its own procedures, set a time for a meeting within the 120-day period.

(ii) Public notice shall be mailed to affected parties as specified in this section.

(iii) The Planning Commission shall hold a public hearing on the specified date and render a decision approving or denying the request within the 120-day period. Such action shall be the final action by the City on the application.

(7) Type III Actions. This subsection establishes the procedures to be followed in Type III land use actions.

(a) Combination of Review Procedures. Applications for more than one Type III land use action for the same property may, at the applicant’s discretion, be combined and heard or reviewed concurrently.

(b) Application Review. After notice has been given pursuant to MCC 18.10.050, Type III applications shall be heard by the Planning Commission or Historic Commission at a public hearing conducted in accordance with the provisions of MCC 18.10.060.

(c) Review Standards. If an application for a Type III land use action was complete when first submitted, or if the applicant submits the requested additional information within 180 days of the original submittal date, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

(d) Written notice for all Type III decisions shall be sent to the applicant and all individuals who provided testimony at the public hearing or requested notice of the decision. Notice shall specify findings justifying the approval or denial of the request and any applicable conditions of approval.

(e) A Type III land use decision of the Planning Commission or Historic Commission may be appealed to the City Council, pursuant to the provisions of MCC 18.10.090.

(f) The timing requirements established in this subsection are intended to allow a final action, including resolution of any appeals, within 120 days from the date the application is deemed complete. If for any reason it appears that such final action may not be completed within the 120-day period, unless the time period is voluntarily extended by the applicant, the following procedures shall be followed regardless of other processes set forth elsewhere in this title.

(i) City staff shall notify the City Council of the time conflict by the ninety-fifth day. The City Council shall, in accordance with its own procedures, set a time for a meeting within the 120-day period.

(ii) Public notice shall be mailed to affected parties as specified in this section.

(iii) The City Council shall hold a public hearing on the specified date and render a decision approving or denying the request within the 120-day period. Such action shall be the final action by the City on the application.

(g) Conditions of Approval. Approvals of any Type III action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals:

(i) Conditions shall be related to the following:

(A) Protection of the public from the potentially deleterious effects of the proposed use; or

(B) Fulfillment of the need for public service demands created by the proposed use.

(ii) Changes or alterations of conditions shall be processed consistent with the level of review provided for the original approval.

(iii) Whenever practical, all conditions of approval required by the City shall be completed prior to the issuance of an occupancy permit. When an applicant provides information that demonstrates to the satisfaction of the City that it is not practical to fulfill all conditions prior to issuance of such permit, the City may require a performance guarantee to ensure compliance with zoning regulations or fulfillment of required conditions.

(8) Type IV Actions. This subsection establishes the procedures to be followed by the City in the consideration of Type IV land use actions.

(a) Initiation. A Type IV legislative land use action may be initiated by a majority vote of either the Planning Commission or the City Council.

(b) Procedures. Legislative land use actions shall be heard by the Planning Commission at a public hearing conducted in accordance with the provisions of MCC 18.10.060. Public notice shall be in accordance with the procedures set forth in MCC 18.10.050. The Planning Commission may continue any meeting in order to make a reasonable recommendation to the City Council. Following Planning Commission action, the City Council shall hold a public hearing to consider the Planning Commission’s recommendation on proposed amendments pursuant to the notification requirements of MCC 18.10.050 and the hearing procedures of MCC 18.10.060. (Amended by Ord. 1275, June 16, 2009; Ord. 1299, November 15, 2011; Ord. 1408, § 1 (Exh. A), May 2, 2023; Ord. 1418, § 1 (Exh. A), December 3, 2024. Code 1983 § 90.220.)

Whenever a public hearing is required under this title, the City Planner shall give notice of all public hearings before the Planning Commission or the City Council in the following manner:

(1) Notice of public hearing on a land use action shall be sent by first class mail to all mailing addresses and property owners of record within 250 feet of the property. Such notice shall be sent at least 20 days before the hearing. Notice shall also be provided to any neighborhood or community organization recognized by the City and whose boundaries include the site.

(2) The failure of any property owner of record within the notification area to receive such notice shall not affect the validity of any subsequent hearing or proceedings. Notice of the public hearing shall indicate the following:

(a) Explain the nature of the application and the proposed use or uses, which could be authorized;

(b) List the applicable criteria from the Zoning Ordinance and the Comprehensive Plan that apply to the application at issue;

(c) Set forth the street address or other easily understood geographical reference to the subject property;

(d) State the date, time and location of the hearing;

(e) State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;

(f) Include the name of a City representative to contact and the telephone number where additional information may be obtained;

(g) State that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

(h) State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost;

(i) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings; and

(j) State that failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.

(3) At least one sign shall be posted on the subject property or on a public right-of-way adjoining the property. Such a sign shall be placed so that it can be seen readily and shall face a public street if the subject property adjoins a public street. Such a sign shall have an area of at least 90 square inches and shall bear the words “Notice of Public Hearing Affecting This Area” in letters at least one inch high. Such a sign shall be provided by the City to the applicant at the time the application is received. It shall be the responsibility of the applicant to post such a sign at least 10 days prior to the public hearing and during the appeal period following the public hearing. The applicant shall remove such sign at the conclusion of the appeal period.

(4) Legislative Hearings (Type IV). Notice of public hearing by the Planning Commission or City Council relating to any legislative action shall be published in a newspaper of general circulation a minimum of 10 days prior to the date of the hearing.

(5) For Type III and Type IV plan amendments and zone changes, notice shall be provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary hearing consistent with ORS 197.610.

(6) For land use regulations that would affect permitted uses of property, a Measure 56 notice shall be provided consistent with ORS 227.186.

(7) The requirements for public notice stated in this chapter shall be construed to be the minimum measures necessary to notify the public of a request for a land use action. Nothing in this chapter shall prohibit additional notification measures deemed necessary by the City Council, Planning Commission or City Manager. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.225.)

The Planning Commission or City Council shall hear and decide upon requests for land use actions in accordance with the following procedures:

(1) Applicant’s Documents and Evidence. All documents or evidence relied upon by the applicant shall be submitted to the City and be made available to the public at the time notice of the public hearing is mailed. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Delays caused by the allowance of such a continuance shall extend any deadlines within which the City is required to complete final action on a land use application.

(2) Staff Reports. Any staff report to be used at a public hearing shall be available at City Hall at least seven days prior to the hearing.

(3) Commencement of Hearing. At the commencement of the public hearing, a statement shall be made to those in attendance that:

(a) Lists the applicable substantive criteria;

(b) States that testimony and evidence must be directed toward the criteria described in subsection (3)(a) of this section or other criteria in the Comprehensive Plan or Zoning Ordinance which the person believes to apply to the decision;

(c) States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue; and

(d) State that failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.

(4) Proponents and opponents of the request shall have an opportunity to present and rebut evidence at the hearing.

(5) Applicants for and proponents and opponents of a land use action may be represented at the hearing by legal counsel.

(6) The Planning Commission and the City Council shall establish procedures for the conduct of hearings. Hearings shall be conducted in accordance with those procedures. A written description of such procedures shall be kept at the place of the hearing and shall be available to all persons at the hearing.

(7) Close of Record. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Delays caused by keeping the record open under this subsection shall extend any deadlines within which the City is required to complete final action on a land use application.

(8) If the record of a public hearing is reopened to admit new evidence or testimony, any person may raise new issues, which relate to the new evidence, testimony or criteria for decision-making, which apply to the matter at issue.

(9) Members of the Planning Commission and City Council shall disclose any ex parte contacts made with any person interested in the request being heard.

(10) Any decision made by the Planning Commission or City Council on a request for a land use action shall be supported by findings. Such findings shall indicate the facts and reasons used to make the decision.

(11) The Planning Commission or City Council may grant, deny, continue, or table any request for a land use action. Written notice of the Planning Commission’s action shall be sent to the applicant, persons participating in the hearing, persons who have requested a copy of the decision, and to the City Council within 10 days of the Planning Commission’s action.

(12) Any public hearing may be continued prior to the closing of the hearing. Notice of the time and place at which the hearing is to be resumed shall be publicly announced during the initial hearing. Such announcement shall serve as sufficient notice of the continuance to all interested persons. (Code 1983 § 90.230.)

Any request for a land use action which has been denied by the Planning Commission or City Council shall not be resubmitted for a period of one year following the notice of decision mailing date, unless consent for resubmission is approved by the Planning Commission or the City Council. (Code 1983 § 90.235.)

Any land use action granted under this title may be rescinded by the Planning Commission or City Council if it is found that the application for such action contains false statements, or if subsequent division, development, or use of land occurs in a manner different from that that was approved. (Code 1983 § 90.240.)

(1) Appeal.

(a) Subject to subsection (1)(b) of this section, appeals of the City Planner’s decision on applications for lot line adjustments, nonconforming use approvals, partitions, design reviews, and subdivisions shall be to the Planning Commission, which shall serve as the final appeal review authority on such applications. A hearing on appeal to the Planning Commission under this subsection (1)(a) shall be conducted in the manner provided in MCC 18.10.060, and notice of the hearing shall be given as provided in MCC 18.10.050. There shall be no further review or appeal to the City Council from appeals heard by the Planning Commission.

(b) An appeal from the City Planner’s decision on an application described in subsection (1)(a) of this section may be called up for hearing by the City Council. In that event, the appeal shall be heard directly by the City Council and the City Council’s decision shall be final.

(c) Any other land use action or ruling made by the Planning Commission in accordance with the provisions of this title may be appealed to the City Council. Such an appeal shall be filed, in writing on a form provided by the City, within 12 days of the date of the Planning Commission decision. If no appeal is filed within the time specified, the Planning Commission’s decision is final.

(2) Standing to Appeal. Appeals may be filed by any person meeting the following qualifications:

(a) Filed notice of intent to appeal the decision as provided in subsection (1) of this section;

(b) Meets one of the following criteria:

(i) If the appeal is of a land use action or ruling made by the Planning Commission that may be appealed to the City Council under subsection (1)(c) of this section, the person appeared before the Planning Commission, either personally or in writing; or obtains a waiver from City Council that because of factors beyond the person’s control was unable to attend the hearing or submit written testimony;

(ii) If the appeal is of a land use action or ruling made by the City Planner that may be appealed to the Planning Commission under subsection (1)(a) of this section or the City Council under subsection (1)(c) of this section, the person provided written comments on the applications to the City Planner, or their designee, during the notice period specified by MCC 18.10.040(6)(b); or obtains a waiver from the City Council that because of factors beyond the person’s control was unable to provide written comments.

(3) Review. Except for decisions by the Planning Commission where it is designated as the final appeal review authority, any decision of the Planning Commission may be called up for review by the City Council. Reviews by Council shall be treated as appeals as set forth below except that no fee shall be charged.

(4) Procedure. If an appeal from the Planning Commission to the City Council is filed, the City Council shall be given a report of the Planning Commission’s action or ruling. The City Council shall hold a public hearing of the appeal. Notice for such a public hearing shall be provided in accordance with the provisions for public hearing set forth in this title. The public hearing of an appeal shall be conducted in accordance with the procedures for public hearings set forth in this title. The decision of the City Council regarding any appeal shall be final and shall become effective on the date of the City Council’s action on the appeal.

(5) Fees. Fees for filing appeals shall be set by resolution from time to time by the City Council. (Amended by Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1418, § 1 (Exh. A), December 3, 2024. Code 1983 § 90.245.)

(1) A person whose application for a permit is denied by the City may submit to the City a supplemental application for any or all other uses allowed under the City’s Comprehensive Plan and land use regulations in the zone that was the subject of the denied application.

(2) The City or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days, all other applicable provisions of ORS 227.178 (“the 120-day rule”) shall apply to a supplemental application submitted under this section.

(3) A supplemental application submitted under this section shall include a request for any rezoning or variance that may be required to issue a permit under the City’s Comprehensive Plan and land use regulations.

(4) The City shall adopt specific findings describing the reasons for approving or denying:

(a) A use for which approval is sought under this section; and

(b) A rezoning or variance requested in the application. (Code 1983 § 90.250.)

(1) Applicability of Provisions. Site plan review shall be applicable to all new developments and major remodeling of existing developments except as follows:

(a) Single-detached dwellings;

(b) A duplex, triplex, townhome, or cottage cluster;

(c) Any commercial or industrial site alteration or building remodel that does not exceed 25 percent of the total square footage of the site or structure; or

(d) Any development or redevelopment that is subject to design review per MCC 18.10.120.

(2) Site plan review is also required for new multidwelling development that meets the clear and objective standards of MCC 18.50.050.

(3) For developments subject to site plan review, no building permit shall be issued for that development until site plan review has been approved.

(4) Review Process. Site plan review shall be conducted through a Type II procedure, pursuant to MCC 18.10.010(3).

(5) Review Criteria. An application for site plan review shall be approved if the proposal meets all of the following criteria:

(a) The proposal complies with all of the applicable provisions of the underlying zone, including, but not limited to, building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards;

(b) The proposal complies with all applicable development and design standards of this code, including, but not limited to:

(i) Chapter 18.30 MCC, Special Use Standards;

(ii) Chapter 18.130 MCC, Parking;

(iii) Chapter 18.145 MCC, Landscaping and Street Trees;

(iv) Chapter 18.150 MCC, Transportation Improvements;

(c) The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable. (Amended by Ord. 1260, January 3, 2008; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.255.)

(1) Purpose. The purpose of design review is to preserve and enhance the character of multidwelling developments and the commercial areas within the three districts described below and to ensure the physical and operational characteristics of proposed buildings and uses are compatible with buildings in the district. The attractiveness and economic vitality of a downtown is largely a reflection of the shape, placement, design and quality of its buildings and sites. These guidelines seek to improve each district by establishing a development pattern in which new buildings and building remodels enhance the existing town environment and promote harmony.

Design review is also intended to ensure that industrial developments meet all applicable standards while minimizing potential health and safety hazards.

(2) Applicability. Design review approval is required for the following types of proposals:

(a) All new and major redevelopment of commercial structures in the three districts described below. Major redevelopment is any site or building alteration that exceeds 25 percent of the total square footage of the site or building.

(i) Downtown District. The area encompassed by Jackson Street, Clay Street, Pacific Highway and Monmouth Avenue.

(ii) Pacific Highway District. Commercial highway zoned property along Pacific Highway, from Church Street to Gwinn Street.

(iii) E. Main Street – Highway 51 District. Highway 51 from Pacific Highway east to the City limits.

(b) Multidwelling developments that do not meet the clear and objective standards for multi-dwelling development in MCC 18.50.050.

(c) Proposals in industrial zones for new development and significant alteration of existing industrial developments. Any industrial site alteration or building remodel that does not exceed 25 percent of the total square footage of the site or structure is exempt from the design review process and is instead subject to a Type II site plan review per MCC 18.10.110.

(3) Process. Design review shall be conducted by the City Planner, or designee, through a Type II review procedure pursuant to MCC 18.10.010(4).

(4) Design Review Approval Criteria. In reviewing applications for design review, the following criteria shall apply.

General commercial and multidwelling development standards in all districts:

(a) Architectural Style.

(i) Architectural character is to be in harmony with the buildings in and be compatible with the developing character of the district.

(ii) Compatibility shall be achieved through such techniques as the repetition of roof lines; the use of similar proportions in building mass, outdoor spaces and landscaping; similar window and door patterns; and similar use of building materials, colors and textures.

(iii) Buildings that are stylized in an attempt to use the building itself as advertising or are a franchise style shall be discouraged.

(b) Exterior and Finishing Materials. Exterior and finishing materials shall either be similar to the materials already being used in the district, or other characteristics, such as scale, proportion, form, architectural detailing, color and texture shall be used to ensure that sufficient similarity exists for the building to be compatible, despite the difference in materials.

(c) Window. Clear or lightly tinted glass shall be used for commercial storefront display windows and doors. Windows shall be individually defined with detail elements such as frames, sills and lintels, and be placed to visually establish and define the building stories.

(d) Building Color.

(i) Paint and building materials shall blend into the neighborhood.

(ii) Conduit, meters, vents and other equipment attached to the building or protruding from the roof shall be painted to match the building surfaces.

(iii) All rooftop mechanical equipment shall be screened from public view from both above and below by integrating it into the building and roof design to the maximum extent feasible.

(e) Land Use Transition. When significantly different land uses are proposed adjacent to each other, the development plan shall achieve compatibility through compliance with the standards set forth above and by using mitigating techniques such as buffering, landscaping, limits on hours of operation and deliveries, lighting, placement of noise generating activities, placement and illumination of outdoor vending machines and similar techniques.

(5) Specific District Standards.

(a) Downtown District.

(i) The heritage, history and architecture of existing buildings should be preserved.

(ii) Store fronts are to be oriented to the sidewalk. Primary facades and entries shall face the adjacent street with a direct connection to the adjoining sidewalk.

(iii) Parking is to be on the street or in the rear of the business.

(iv) In infill downtown development, a building shall be similar in size and height, or if larger, be subdivided so that it is proportional to the mass and scale, of other buildings in the district.

(b) Pacific Highway District.

(i) Landscaping is required.

(ii) Shared parking facilities are encouraged.

(iii) Building orientation is to emphasize pedestrian access. Entries are to front directly onto the sidewalk or are located to facilitate pedestrian access from street perimeter sidewalks.

(iv) Provide safe walkways from parking areas to the business, which separate pedestrian and vehicular traffic.

(v) Parking facilities are encouraged to be in the interior of the lot or block.

(vi) Landscaping shall be designed to reinforce and enhance the streetscape.

(c) E. Main Street – Highway 51 District.

(i) Aesthetically appropriate landscaping is required.

(ii) Shared parking facilities are encouraged.

(iii) Building orientation is to emphasize pedestrian access. Entries are to front directly onto the sidewalk or are located to facilitate pedestrian access from street perimeter sidewalks.

(iv) Provide safe and aesthetically appropriate walkways from parking areas to the business, which separate pedestrian and vehicular traffic.

(v) Parking facilities are encouraged to be in the interior of the lot or block.

(vi) Landscaping shall be designed to reinforce and enhance the streetscape.

(d) Industrial Developments. Industrial developments shall demonstrate compliance with all of the applicable development standards of the applicable industrial zone, including design review standards and industrial performance standards. Recreational marijuana production and processing facilities, testing laboratories, and wholesale sales facilities shall demonstrate compliance with the applicable standards from MCC 18.30.040. (Amended by Ord. 1260, January 3, 2008; Ord. 1372, § 1 (Exh. A), February 7, 2017; Ord. 1374 § 1 (Exh. A), June 20, 2017; Ord. 1408, § 1 (Exh. A), May 2, 2023; Ord. 1418, § 1 (Exh. A), December 3, 2024. Code 1983 § 90.260.)

(1) Expiration of Approval. All decisions on Type I applications shall expire one year after the date of approval. Type II and Type III land use decisions shall expire two years after the date of approval.

(2) Extensions. Approvals may be extended up to six months upon submission of written request to the original decision-making authority. One extension of the approval period, not to exceed six months, will be granted provided that:

(a) No changes are made on the original plan as approved; and

(b) There have been no changes in the ordinance provisions on which the approval was based. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) Purpose. The purpose of this section is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve City resources.

(2) Applicability. This section applies when an applicant proposes to modify an approved application or condition of approval.

(3) Minor Modifications. The City Planner through a Type I procedure shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations, and changes that do not meet the thresholds of a major modification in subsection (4) of this section, as determined by the City Planner.

(a) Minor Modification Application. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planner may require other relevant information, as necessary, in evaluating the request.

(b) Minor Modification Approval Criteria. The City Planner shall approve or deny an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of the Development Code and the conditions of approval of the original decision.

(4) Major Modifications. Major modifications are subject to the same procedure type as the original application. Any one of the following changes constitutes a major modification:

(a) A change in land use, from a less intensive use to a more intensive use, as evidenced by parking, paved area, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20 percent or more;

(b) An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multidwelling development, by 20 percent or more;

(c) A change to an applicable site or building design standard by 20 percent or more;

(d) A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic when the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e., requiring mitigation);

(e) Change to a condition of approval, or a change similar to subsections (4)(a) through (d) of this section, that could have a detrimental impact on adjoining properties. The City Planner shall have discretion in determining detrimental impacts triggering a major modification; or

(f) Other changes similar to those in this subsection (4) in scale, magnitude, or impact to adjacent properties, as determined by the City Planner.

(5) Major Modification Approval Criteria. Requests for major modifications shall comply with the following procedures and criteria:

(a) The applicant shall submit an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City may require other relevant information, as necessary, in evaluating the request;

(b) The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance with Chapter 18.25 MCC;

(c) The scope of review shall be limited to the modification request. For example, a request to modify a commercial development’s parking lot shall require review only for the proposed parking lot and any changes to associated access, circulation, and similar modifications.

(d) The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable code criteria (e.g., subdivision, site design review, conditional use, etc.). (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

This section allows for the modification of minimum parking ratios from the table in MCC 18.130.040. Parking determinations shall be made when the proposed use is not listed in MCC 18.130.040 and for developments that demonstrate parking demands that are lower than the minimum required.

(1) Applicability. The procedures of this section shall apply in the following situations:

(a) If the proposed use is not listed in MCC 18.130.040 and the quantity requirements for a similar listed use cannot be applied.

(b) If the applicant seeks a modification from the minimum required quantities as calculated pursuant to MCC 18.130.040.

(2) Application. Determination of parking ratios in situations listed above shall be reviewed as a Type II land use decision, per MCC 18.10.010. The application for a determination must include the following:

(a) Describe the proposed uses of the site, including information about the size and types of the uses on site, and information about site users, including employees, customers, and residents.

(b) Identify factors specific to the proposed use and/or site, such as the proximity of transit, parking demand management programs, availability of shared parking, and/or special characteristics of the customer, client, employee, or resident population that affect parking demand.

(c) Provide data and analysis to support the determination request. The City Planner may waive requirements of this subsection if the information is not readily available or relevant, so long as sufficient documentation is provided to support the determination request. Supporting data may include:

(i) Analyze parking demand information from professional literature that is pertinent to the proposed development. Such information may include data or literature from the Institute of Transportation Engineers, American Planning Association, Urban Land Institute, or other similar organizations.

(ii) Review parking standards for the proposed use or similar uses found in parking regulations from other jurisdictions.

(iii) Present parking quantity and parking use data from existing developments that are similar to the proposed development. The information about the existing development and its parking demand shall include enough detail to evaluate similarities and differences between the existing development and the proposed development.

(iv) Identify factors specific to the site, such as the preservation of trees or natural resource areas.

(v) For middle housing, provide occupancy and use data quantifying conditions of the on-street parking system within 200 feet of the subject site.

(vi) Proximity to public transit.

(vii) Provision or availability of bike share option.

(d) Propose a minimum parking ratio. For phased projects, and for projects where the user mix is unknown or subject to change, the applicant may propose a range (low and high number of parking spaces) for each development phase and a minimum number of parking spaces to be provided at buildout of the project.

(e) Address the approval criteria in subsection (3) of this section.

(3) Approval Criteria. The City Planner shall consider the following criteria in deciding whether to approve the determination. The City Planner, based on the applicant’s materials, shall set the minimum parking requirement. Conditions of approval may be placed on the decision to ensure compliance with the parking determination.

(a) All determinations must demonstrate that the proposed parking quantities are reasonable based on existing parking demand for similar use in other locations, parking quantity requirements for the use in other jurisdictions, and professional literature about the parking demands of the proposed use.

(b) The use, frequency, and proximity of transit, parking demand management programs, and/or special characteristics of the site users will reduce expected vehicle use and parking space demand for the proposed use or development, as compared with the standards in MCC 18.130.040. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

A zone change or plan amendment may be initiated in any one of the following three ways:

(1) City Council Motion. The City Council may initiate such action by motion. Upon initiation by the City Council, the City Manager shall set a date for a public hearing before the Planning Commission and give notice of such hearing as provided in this title. A City Council initiated action shall be reviewed under the Type IV review process, consistent with Chapter 18.10 MCC.

(2) Planning Commission Motion. The Planning Commission may initiate such action by motion. The resolution shall be forwarded to the City Manager, who shall set a date for a public hearing before the Planning Commission and give notice of such hearing as provided in this title. A Planning Commission initiated action shall be reviewed under the Type IV review process, consistent with Chapter 18.10 MCC.

(3) Applicant Initiation. A person authorized to file an application for a land use action under MCC 18.10.030 may initiate such action by application in one of two ways:

(a) Applicant-initiated zone changes that do not involve a plan amendment shall be processed as a Type III review, consistent with Chapter 18.10 MCC.

(b) Applicant-initiated plan amendments shall be processed as a Type IV review, consistent with Chapter 18.10 MCC. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.305.)

A person authorized to file an application for a land use action under MCC 18.10.030 may initiate a zone change or plan amendment for the property that they own by submitting to the City Recorder an application bearing the following:

(1) Present zoning and plan designation of the property;

(2) Proposed zoning and plan designation of the property;

(3) Street address and township, range, section, and tax-lot number of the property;

(4) Legal description of the property;

(5) Names, addresses, and zip codes of the owners of record of the property to be reclassified;

(6) Signatures of all owners of the property to be reclassified;

(7) A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities. (Amended by Ord. 1275, June 16, 2009; Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.310.)

Zone changes and plan amendments will be reviewed under the Type III or Type IV review process, as established under MCC 18.15.010. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

Repealed by Ord. 1408. (Code 1983 § 90.320.)

No zone change shall be approved by the Planning Commission or enacted by the City Council unless it conforms to the Comprehensive Plan and meets the following standards:

(1) The proposed zone change meets at least one of the following standards:

(a) The zoning on the land for which the zone change is initiated is erroneous and the zone change would correct the error;

(b) Conditions in the neighborhood surrounding the land for which the zone change is initiated have changed to such a degree that the zoning is no longer appropriate, and the zone change would conform to the new conditions of the neighborhood;

(c) There is a public need for land use of the kind for which the zone change is initiated and that public need can best be met by the zone change.

(2) The proposed change is consistent with applicable goals and policies of the Comprehensive Plan.

(3) Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities and demonstrate compliance with OAR 660-012-0060.

(4) The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area. (Amended by Ord. 1260, January 3, 2008; Ord. 1275, June 16, 2009; Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 90.325.)

No Comprehensive Plan Map amendment shall be approved by the Planning Commission or enacted by the City Council unless the amendment meets the following standards:

(1) The proposed Comprehensive Plan Map amendment meets at least one of the following standards:

(a) The Comprehensive Plan designation for the land for which the plan amendment is initiated is erroneous and the plan amendment would correct the error;

(b) Conditions in the neighborhood surrounding the land for which the plan amendment is initiated have changed to such a degree that the Comprehensive Plan designation is no longer appropriate, and the plan amendment would conform to the new conditions in the neighborhood;

(c) There is a public need for land use of the kind for which the plan amendment is initiated and that public need can best be met by the plan amendment.

(2) The proposed change is consistent with applicable goals and policies of the Comprehensive Plan.

(3) Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities and demonstrate compliance with OAR 660-012-0060.

(4) The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area. (Amended by Ord. 1260, January 3, 2008; Ord. 1275, June 16, 2009; Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 90.330.)

Whenever any property is reclassified to a different zone or plan designation, the official Zoning Map or Comprehensive Plan Map shall be revised accordingly. Such revision shall be accomplished within 30 days of the effective date of the ordinance granting the zone change or plan amendment. (Code 1983 § 90.335.)

The City may authorize variances from the requirements of this title where it can be shown that owing to special and unusual circumstances related to a specific piece of property, literal interpretation of this title would cause undue or unnecessary hardship. It is the intent of this chapter to provide flexibility, adaptability, and reasonableness in the application of this title where special conditions exist. No variance purporting to authorize a use not otherwise permitted for the property shall be granted. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.405.)

A variance is a land use action. A minor variance is a Type II procedure and a major variance is a Type III procedure as set forth in Chapter 18.10 MCC, Land Use Actions. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.410.)

There are two types of variance applications, minor and major. For the purposes of this section, minor variances and major variances shall be defined as follows:

(1) A “minor variance” is defined as a variance to a numerical development or design standard of up to 20 percent.

(2) A “major variance” is defined as any variance that does not fall under the threshold for a minor variance. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) The City Planner may allow a minor variance if the Planner finds that the variance meets all of the following standards:

(a) The property is currently developed such that development of a permitted use is impractical; or the variance is needed to allow the applicant to enjoy a substantial property right possessed by a majority of property owners in the same vicinity;

(b) The request is the minimum variance that would alleviate the hardship;

(c) The variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or be otherwise detrimental to the objectives of any City development, plan or policy;

(d) No practical alternatives have been identified which would accomplish the same purpose and not require a variance; and

(e) There has not been a previous land use action approved on the basis that a minor variance would not be allowed.

(2) If the City Planner determines that a minor variance application raises public concerns that are best addressed by the whole Planning Commission, the City Planner may refer a minor variance application to the Planning Commission for their review as a Type III action.

(3) When a minor variance application is submitted concurrently with an application requiring a Type III review, the City Planner may refer the minor variance application to the Planning Commission for their review in conjunction with the concurrent application.

(4) Variances to the required right-of-way width for local streets shall only be approved upon recommendation by the Public Works Director. (Amended by Ord. 1260, January 3, 2008; Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1408, § 1 (Exh. A), May 2, 2023; Ord. 1418, § 1 (Exh. A), December 3, 2024. Code 1983 § 90.413.)

A minor variance granted under the provisions of this title shall become effective 12 days after the mailing of notice of the decision unless such action is appealed to the Planning Commission. An appeal of the City Planner’s decision shall stay such action until the appeal has been heard by the Planning Commission. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.414.)

The Planning Commission may permit and authorize a variance from any dimensional development standard in the Zoning Ordinance, if the Commission finds that the variance meets all of the following standards:

(1) The condition which would cause the undue or unnecessary hardship is a condition peculiar to the applicant’s property which is not found generally in other property in the zone.

(2) The variance will be consistent with the Comprehensive Plan and with the purpose of the zone in which the applicant’s property is located.

(3) The variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any City development, plan or policy.

(4) The variance requested is the minimum variance necessary from the provisions and standards of this title which will alleviate the hardship. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.415.)

In granting any variance under the provisions of this chapter, the City may impose conditions. Such conditions shall include, but not be limited to, limitations of the duration of the variance, restrictions on the dimensions of the structures, and conditions regarding the location of structures. Such conditions shall apply to the applicant for such variance and to any purchasers, renters, lessees, or subsequent owners of the subject property. A violation of such conditions shall constitute a violation of this title. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.425.)

A major variance granted by the Planning Commission under the provisions of this title shall become effective 12 days after the mailing of notice of the Planning Commission’s action unless such action is appealed to the City Council. An appeal of the Planning Commission’s decision shall stay such action until the appeal has been heard by the City Council. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.430.)

A variance granted under the provisions of this title shall be effective only if exercised within 180 days of the effective date. Failure to exercise the variance within 180 days of the effective date renders the variance void. For minor variances, extensions of this time period may be granted by the City Planner. For major variances, extensions of this time period may be granted by a majority vote of the Planning Commission. Such extensions shall not exceed 180 days. Requests for such extensions shall be submitted in writing to the City at least 30 days prior to the expiration of the effective period for the variance. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 90.435.)

The discontinuance of any activity authorized by a variance for a continuous period exceeding 180 days shall be deemed an abandonment of such variance. The property affected by the variance shall thereafter be subject to all of the applicable provisions and requirements of this title. (Code 1983 § 90.440.)

Any variance granted to a property owner under the provisions of this title is transferable to subsequent owners of the same property unless otherwise provided at the time of the granting of the variance. (Code 1983 § 90.445.)

The Planning Commission shall have the power to grant conditional uses listed in this title. (Code 1983 § 90.505.)

A conditional use is a land use action. The procedures governing a request for a conditional use shall be those set forth in Chapter 18.10 MCC, Land Use Actions. (Code 1983 § 90.510.)

A conditional use may be granted only if the following conditions are found to exist:

(1) The conditional use that is requested is listed as a conditional use in the zone in which the subject property is located, or is subject to MCC 18.150.050, Criteria for certain transportation facilities and improvements.

(2) Granting of the conditional use will not be materially detrimental to the public welfare or to improvements or residents in the neighborhood of the subject property.

(3) Granting of the conditional use will be consistent with the purpose of the zone in which the subject property is located and with the applicable Comprehensive Plan designation and policies. (Amended by Ord. 1275, June 16, 2009. Code 1983 § 90.515.)

In granting a conditional use, the Planning Commission may impose conditions. Such conditions shall include, but not be limited to, limitations on the duration of the conditional use, restrictions on the dimensions of structures, and restrictions regarding the location of structures. Such conditions shall apply to the applicant for the conditional use and to any purchasers, renters, lessees, or subsequent owners of the subject property. A violation of such conditions shall constitute a violation of this title. (Code 1983 § 90.520.)

A conditional use granted by the Planning Commission under the provisions of this title shall become effective 12 days after the mailing of notice of the Planning Commission’s action, unless such action is appealed to the City Council. An appeal of the Planning Commission’s decision shall stay such action until the appeal has been heard by the City Council. (Code 1983 § 90.525.)

A conditional use granted under the provisions of this title shall be effective only if exercised within 180 days of the effective date. Failure to exercise the conditional use within 180 days of the effective date renders the conditional use void. Extensions of this time period may be granted by a majority vote of the Planning Commission. Such extensions shall not exceed 180 days. Requests for such extensions shall be submitted in writing to the City at least 30 days prior to the expiration of the effective period of the conditional use. (Code 1983 § 90.530.)

The discontinuance of any activity authorized by a conditional use for a continuous period exceeding 180 days shall be deemed an abandonment of such conditional use. The property affected by the conditional use shall thereafter be subject to all the applicable provisions and requirements of this title. (Code 1983 § 90.535.)

Any conditional use granted to a property owner under the provisions of this title is transferable to subsequent owners of the same property unless otherwise provided at the time of the granting of the conditional use. (Code 1983 § 90.540.)

Any conditional use granted under the provisions of this title shall be granted only for the use or activity as described in the application for the conditional use or as prescribed by the Planning Commission. The enlargement or alteration of a conditional use beyond the size, area, or intensity described in the application or prescribed by the Planning Commission shall be considered a conditional use and shall be subject to all of the provisions of this chapter. (Code 1983 § 90.545.)

The Community Development Director shall authorize restoration or replacement of the building(s) associated with a lawful, conditional use when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction. This includes building(s) listed as a conditional use in this title constructed prior to the adoption of this title.

Any restoration or replacement that includes the enlargement or alteration of a conditional use beyond the size, area, or intensity that existed prior to the fire, casualty, or natural disaster shall be subject to approval by the Planning Commission, and shall be subject to all of the provisions of this chapter. (Amended by Ord. 1281, August 3, 2010. Code 1983 § 90.550.)

Land uses and activities are categorized based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain site factors. The use categories provide a systematic basis for assignment of present and future uses to zones.

(1) Commercial Use Categories.

(a) Retail Sales and Service.

(i) Characteristics. Retail sales and service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services, entertainment, or provide product repair or services for consumer and business goods.

(ii) Examples. Examples include uses from the four subgroups listed below:

(A) Sales-Oriented. Stores selling, leasing, or renting consumer, home, and business goods such as art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, and videos; food sales, and farmers markets.

(B) Personal Service-Oriented. Branch banks; urgency medical care; laundromats; portrait photographic studios; photocopy and blueprint services; hair, tanning, and personal care services; business, martial arts; dance or music classes; taxidermists; mortuaries; veterinarians; and animal grooming.

(C) Entertainment-Oriented. Restaurants, cafes, delicatessens, taverns, and bars; indoor or outdoor continuous entertainment activities such as bowling alleys, ice rinks, and game arcades; pool halls; theaters, health clubs, gyms, membership clubs, and lodges. This category does not include hotels, motels and other short-term commercial lodging.

(D) Repair-Oriented. Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop off; quick printing; recycling drop-off; tailor; locksmith; and upholsterer.

(b) Office.

(i) Characteristics. Office uses are characterized by activities conducted in an office setting that focus on the provision of goods and services, usually by professionals.

(ii) Examples. Professional services such as lawyers, accountants, or management consultants; business services such as headquarters, temporary staffing agencies, sales offices, or call centers; financial services such as lenders, brokerage houses, banks, real estate agents and developers or property managers; television and radio studios; government offices and public utility offices; medical and dental clinics, and blood collection facilities.

(c) Commercial Outdoor Recreation.

(i) Characteristics. Commercial outdoor recreation uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They generally take place outdoors. They may take place in a number of structures which are arranged together in an outdoor setting.

(ii) Examples. Examples include amusement parks, theme parks, golf driving ranges, miniature golf facilities, and zoos.

(d) Commercial Parking.

(i) Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

(ii) Examples. Examples include short- and long-term fee parking facilities, commercial district shared parking lots, commercial shuttle parking, and mixed parking lots (partially for a specific use, partly for rent to others).

(e) Motor Vehicle Sales and Service.

(i) Characteristics – Motor Vehicle Sales. Motor vehicle sales is characterized by the sale, leasing, and rental of new and used motor vehicles, other than heavy vehicles and heavy equipment, and the sales, leasing, and rental of recreational vehicles (RV) and trailers. Motor vehicle, RV, and trailer sales typically require extensive indoor and/or outdoor display or storage areas. Customers typically come to the site to view, select, purchase, and/or pick up the vehicles, RVs, or trailers.

(ii) Characteristics – Motor Vehicle Service. Motor vehicle services are characterized by establishments providing repair, service, testing, maintenance, cleaning, and other services for motor vehicles, other than heavy vehicles and heavy equipment. Vehicles may be brought to the site by customers or by a towing service. If motor vehicle parts are sold, they are typically installed on site.

(iii) Examples.

(A) Motor Vehicle Sales. Sales, leasing, and rental of new and used motor vehicles including automobiles, trucks, motorcycles, motorized boats, recreational vehicles, and other personal transportation vehicles; car rental agencies; manufactured dwelling and prefabricated structure sales and display sites; sales, leasing, or rental of trailers.

(B) Motor Vehicle Service. Auto body shops; auto glass repair; automotive paint shops; automotive repair shops; car washes; gasoline stations and unattended card-key stations; motorcycle repair shops; quick lubrication services; testing of cars and trucks, including pollution and safety testing; tire sales and installation shops; towing services; vehicle engine, transmission and muffler repair shops; vehicle upholstery and detailing shops.

(f) Short-Term Commercial Lodging.

(i) Characteristics. Short-term commercial lodging is characterized by lodging establishments that provide overnight accommodations to guests for compensation for periods less than 30 days.

(ii) Examples. Hostels; hotels; inns; motels; bed and breakfasts.

(g) Self-Service Storage.

(i) Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property. Accessory uses may include security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use. A transfer and storage business where any individual storage areas are incidental to transfer and storage operations, or where employees are the primary movers of the goods to be stored or transferred, is in the warehouse, freight movement, and distribution category.

(ii) Examples. Examples include single story and multistory facilities that provide individual storage areas for rent. These uses are also called mini warehouses.

(2) Institutional Use Categories.

(a) Religious Institutions.

(i) Characteristics. Religious institutions are intended to primarily provide meeting areas for religious activities.

(ii) Examples. Examples include churches, temples, synagogues, and mosques.

(b) Community Services.

(i) Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may provide mass, outdoor, or short-term shelter with no minimum length of stay when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.

(ii) Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, ambulance stations, drug and alcohol centers, social service facilities, mass shelters, outdoor shelters, or short term shelters when operated by a public or nonprofit agency, vocational training for persons with disabling conditions, crematoriums, mausoleums, park-and-ride facilities for mass transit, and charitable meal service or food distribution centers.

(c) Schools and Colleges.

(i) Characteristics. This category includes public and private schools at the primary, elementary, middle, junior high, high school level that provide state mandated basic education. Also included are universities and community colleges, as well as trade and vocational schools.

(ii) Examples. Examples include public and private daytime schools, boarding schools, universities, community colleges, and military academies.

(d) Basic Utilities.

(i) Characteristics. Basic utilities are infrastructure services which need to be located in or near the area where the service is provided. Basic utility uses generally do not have regular employees at the site. Services may be public or privately provided.

(ii) Examples. Examples include water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; small scale energy production, water quality and flow control facilities; water conveyance systems; water harvesting and re-use conveyance systems and pump stations; stormwater facilities and conveyance systems; telephone exchanges; mass transit stops or turn arounds, transit centers; and emergency communication broadcast facilities. This category does not include wireless communication facilities.

(e) Medical Centers.

(i) Characteristics. Medical centers include uses providing medical or surgical care to patients and offering overnight care. Medical centers tend to be on multiple blocks or in campus settings.

(ii) Examples. Examples include hospitals and medical complexes that include hospitals.

(f) Civic Services.

(i) Characteristics. This category includes public safety facilities such as police department facilities, fire stations/offices/training facilities, EMT facilities. These buildings generally have regular employees and vehicular traffic.

(ii) Examples. Examples include public safety facilities, including fire and police stations, EMT facilities, and associated training facilities.

(3) Industrial Use Categories.

(a) Industrial Service.

(i) Characteristics. Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. Few customers, especially the general public, come to the site.

(ii) Accessory Uses. Accessory uses may include offices, and storage.

(iii) Examples. Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal, and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire re-treading or recapping; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; and photofinishing laboratories.

(iv) Exceptions. Contractors and others who perform industrial services off site, and when equipment and materials are not stored at the site, and fabrication or similar work is not carried on at the site, are considered office uses.

(b) Manufacturing and Production.

(i) Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, agricultural, secondary, or partially completed materials may be used. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site, as distinguished from retail sales and services where customers routinely come to the business.

(ii) Accessory Uses. Accessory uses may include offices, cafeterias, employee recreational facilities, warehouses, storage yards, repair facilities, or truck fleets.

(iii) Examples. Examples include processing of food and related products; catering establishments; breweries, distilleries, and wineries when not accessory to a commercial service use; taxidermist and meat packing; weaving or production of textiles or apparel; wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; movie production facilities; boat building; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items, and other electrical items; production of artwork and toys; sign making; production of prefabricated structures, including mobile homes; and the production of energy.

(iv) Exceptions.

(A) Manufacturing of goods to be sold primarily on site and to the general public is classified as retail sales and service; where the majority of traffic to the business is for retail sales and the manufacturing use is entirely indoors, the use will be categorized as retail sales and service.

(B) Manufacture and production of goods from composting organic material are classified as waste-related uses.

(c) Warehouse, Freight Movement, and Distribution.

(i) Characteristics. Warehouse, freight movement, and distribution involves the storage, or movement of goods for the subject firm or other firms, including goods that are generally delivered to the final consumer. There is little on-site sales activity with the customer present, except for some will-call pickups.

(ii) Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas, repackaging of goods, and will-call pickups.

(iii) Examples. Examples include separate or off-site warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; trucks, terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials.

(iv) Exceptions. Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

(d) Waste-Related; Recycling Facilities.

(i) Characteristics. Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive, store, sort, and distribute postconsumer recyclable materials; and those that receive hazardous wastes from others and are subject to the regulations of OAR-340. 100-110, Hazardous Waste Management.

(ii) Accessory Uses. Accessory uses may include offices, repackaging and trans-shipment of byproducts, and recycling of materials.

(iii) Examples. Examples include waste composting, energy recovery plants, recycling centers, and hazardous-waste-collection sites.

(iv) Exceptions.

(A) Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a waste-related use.

(B) Sewer pipes that serve a development are considered a basic utility.

(C) Landfills are not included in the waste-related, recycling use category.

(e) Wholesale Sales.

(i) Characteristics. Wholesale sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on site or delivered to the customer.

(ii) Accessory Uses. Accessory uses may include offices, product repair, warehouses, minor fabrication services, and repackaging of goods.

(iii) Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware, and office supplies.

(iv) Exceptions.

(A) Firms that engage primarily in sales to the general public are classified as retail sales and service.

(B) Firms that engage in sales on a membership basis are classified as either retail sales and service or wholesale sales, based on a consideration of characteristics of the use and the customer traffic generated.

(C) Firms that are primarily storing goods with little on-site business activity are classified as warehouse, freight movement, and distribution.

(f) Data Centers/Industrial Information Technology Uses.

(i) Characteristics. These uses provide infrastructure for storing, processing, or delivering data. They can consume significant amounts of energy, water, and generate heat and noise. The uses are generally low-traffic generators but may require regular delivery of equipment and maintenance. They may be co-located with power generation or water treatment facilities.

(ii) Accessory Uses. Accessory uses may include offices, cafeterias, employee recreational facilities, warehouses, manufacturing, assembly, storage, or repair facilities.

(g) Flex Space.

(i) Characteristics. Flex space is a flexible use allowing for various commercial, office, and light industrial activities. They typically consist of large open areas with high ceilings and can accommodate the needs of a range of customers, often within the same building. All light industrial activities take place within the building.

(ii) Accessory Uses. Accessory uses may include offices, cafeterias, employee recreational facilities, warehouses, storage yards, or repair facilities. (Ord. 1408, § 1 (Exh. A), May 2, 2023; amended by Ord. 1420 § 1 (Exh. B), July 15, 2025.)

(1) Purpose. The purpose of this section is to set forth standards and requirements for the conduct of home occupations. The intent of this section is to allow, within certain zones as specified by this title, certain activities which are commercial in nature but which are incidental, subordinate, and secondary to the residential use and which are compatible with other residential activities within the neighborhood.

(2) Review Process. For home occupations that have no on-site customer visits, no land use review is required. For home occupations that anticipate on-site customer visits, a Type I approval is required, pursuant to MCC 18.10.010.

(3) Home Occupation Standards. A home occupation may be any occupation or profession that can be carried on by a member of the family or person residing on the premises; provided, that all of the following conditions are met:

(a) No sign is used other than a name plate not over two square feet in area. Any sign shall be a wall sign. Projecting, freestanding or other types of signs are not permitted.

(b) There is no display, other than as allowed under subsection (3)(a) of this section, that will indicate from the exterior that the building is being used for any purpose other than residential.

(c) There is no outside storage of materials.

(d) There are no outside nonresident employees, paid or unpaid.

(e) A home occupation may be conducted in an accessory building. No more than 500 square feet of floor area within any one or combination of accessory buildings shall be devoted to a home occupation.

(f) No dwelling shall be modified to accommodate a home occupation in such a way as to alter the residential appearance of the dwelling or to render its appearance incompatible with the neighboring residential buildings.

(g) No home occupation shall be used as an assembly point for employees or assistants to be dispersed or assigned to other locations.

(h) There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries between the hours of 8:00 p.m. to 8:00 a.m.

(i) There shall be no more than one client or customer’s vehicle at any one time and no more than eight per day at the home occupation site.

(j) One commercially licensed vehicle associated with the home occupation is allowed at the home occupation site daily. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

(k) The home occupation can be conducted in a safe and healthful manner and not create unusual fire or safety hazards, potential health problems or be in violation of any Federal, State or local law or ordinance.

(l) The home occupation does not create any nuisance conditions as defined by the City’s nuisance ordinance (Chapter 8.05 MCC).

(4) Prohibited Home Occupation Uses.

(a) Any activity that produces radio or TV interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, State, or Federal standards, or that can be detected beyond the property lines, is prohibited.

(b) Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music by a music teacher or the sale of computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to all other provisions of this chapter.

(c) Any uses described in the section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:

(i) Ambulance and towing services;

(ii) Animal hospital, veterinary services, kennels, animal boarding;

(iii) Auto and other vehicle repair;

(iv) Repair, conditioning, or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment on site;

(v) Recreational marijuana retail facility as defined in MCC 18.45.010;

(vi) Recreational marijuana production facility as defined in MCC 18.45.010; and

(vii) Recreational marijuana processing facility as defined in MCC 18.45.010.

(5) Home Occupation Complaint and Enforcement Procedures.

(a) Complaints regarding subsections (3)(a) through (l) of this section will be investigated by the City Planner. If the City Planner finds a violation of any of the conditions, the Planner shall then notify the resident of the violation by certified letter. If the violation has not been corrected within seven days of the receipt of the letter informing the resident of the violation, or the resident has not requested an appeal pursuant to MCC 18.10.040(4)(i), the City Planner shall bring the matter before the Planning Commission for review.

(b) At the request of two or more Planning Commissioners, complaints may be reviewed by the Planning Commission at a public meeting. The Commission shall also review home occupations upon receipt of two written complaints within a 60-day period from two separate households located within 350 feet of the boundary of the property on which the home occupation is located. Said complaints shall set forth the nature of the objection. The City Planner shall investigate such complaints, and the results of the investigation shall be reported to the Planning Commission at a public meeting. If the Planning Commission elects to hold a public hearing on the complaint(s), the procedure shall conform to that required for land use actions in Chapter 18.10 MCC.

(c) The City Planner may visit and inspect the site of home occupations in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours and with reasonable notice. Code violations shall be processed in accordance with MCC 18.05.150. (Amended by Ord. 1372 § 1 (Exh. A), February 7, 2017; Ord. 1408, § 1 (Exh. A), May 2, 2023; Code 1983 §§ 90.605, 90.608, 90.610, 90.612 and 90.615. Formerly 18.30.010 through 18.30.050)

(1) Restrictions on locations. A wireless communications facility (WCF) is not allowed on public school grounds (excepting the Western Oregon University campus), in public parks, or in the downtown core area.

(2) Application Requirements. A WCF requires conditional use approval pursuant to Chapter 18.25 MCC. In addition to requirements for conditional use applications, an application for a WCF shall include and the WCF shall be constructed and maintained in accordance with the following:

(a) Site and landscape plans drawn to scale.

(b) Engineered drawings of all components of the WCF, including, but not limited to, the support structure, antenna, enclosures and related equipment, drawn to scale.

(c) Documentation from a registered engineer establishing the structural integrity of the freestanding support structure or, in the case of a building mounted WCF, of the capacity of the building to safely bear the WCF and of the structural integrity of any support structures.

(d) A visual study depicting where within the City limits the WCF, or any portion thereof, can be seen.

(e) A showing that collocation of the facility on an existing or approved WCF, or an existing support structure, inside or outside the City limits, is not feasible.

(3) Exemptions to Conditional Use Permit Requirements.

(a) Minor Modifications to the Existing WCF.

(i) Maintenance and repair of existing WCF.

(ii) Modification of existing WCF where there is no change to the physical dimensions of the support tower, base station, or other proportions of the facility.

(iii) Replacement of existing support tower with a tower of substantially similar design and dimensions.

(4) Development Standards. A WCF shall be designed, constructed and maintained in accordance with the following standards:

(a) The location and design of the WCF shall minimize the visual impacts to properties located within one-quarter mile of the WCF, considering setbacks, lighting, height, bulk, color, and landscaping. All support structures, antennas and associated equipment, including any enclosures and all exterior mechanical equipment, shall be colored and/or surfaced, so as to blend with the surrounding area. All surfaces shall be nonreflective. Exterior lighting shall not project onto adjacent properties.

(b) Freestanding support structures shall not be located within 300 feet of residentially zoned property.

(c) Freestanding WCFs shall have all mechanical and electrical equipment, enclosures, and the bottom six feet of the support structure surrounded and screened by a six-foot-high sight-obscuring fence, wall or hedge with a minimum 10 feet landscaped yard of appropriate plant materials, which is to be properly maintained along the outside perimeter of the fence, wall or hedge.

(d) The WCF shall be located and designed to preserve the ability for collocation of at least two additional users and the applicant shall agree in writing to negotiate in good faith to accept additional users when technically possible.

(e) The height of the WCF shall be the minimum necessary to reasonably serve the operational requirements of the WCF.

(5) Operational Certificate Required. Within 45 days after construction and/or installation of the WCF, the applicant shall submit an operation certificate from a registered engineer indicating compliance with all requirements herein and all structural standards for antennas developed by the Electronic Industries Association.

(6) Permit Fee. The fee for a WCF permit application, a renewal application, and for appealing a denial of renewal application shall be set by resolution of the City Council. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) Number of ADUs Allowed. Where permitted by the underlying zone, a maximum of one ADU per lot is allowed. ADUs may be either detached or attached.

(2) When the addition of an ADU also meets the definition of duplex per Chapter 18.45 MCC, Definitions, the applicant shall inform the City which should apply. If the applicant chooses to consider the units a primary dwelling plus one ADUs, the applicant shall identify for the City which unit is primary and which unit is accessory.

(3) Accessory dwelling units are subject to the following standards:

(a) ADUs shall not be subdivided or otherwise segregated in ownership from the main dwelling on the lot.

(b) The accessory dwelling unit shall not contain more than 800 square feet of floor area, excluding any related garage area; provided, that if the accessory unit is completely located on a single floor of the primary dwelling, the City may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

(c) No off-street parking is required for an ADU.

(d) ADUs shall not be counted toward the maximum density of the underlying zone.

(e) Detached ADUs shall contain at least two detailed design elements from the list in MCC 18.50.050(6)(c) on any facade that faces a street.

(f) The ADU shall meet all technical code standards including building, electrical, fire, plumbing and other applicable code requirements;

(g) Conversion of an existing legal nonconforming structure to an ADU is allowed; provided, that the conversion does not increase the degree of non-conformity.

(h) ADUs are not subject to the accessory structure standards of Chapter 18.135 MCC. ADUs are subject to the development standards of the base zone consistent with MCC 18.50.040. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) Characteristics. Five types of recreational marijuana facilities are defined in MCC 18.45.010. For purposes of this code, recreational marijuana facilities must be licensed by the Oregon Liquor Control Commission. A facility not licensed by the Oregon Liquor Control Commission is not permitted in any zone.

(2) Standards for Recreational Marijuana Retail Sales Facilities.

(a) Public Access Prohibited. Access to a retail sales facility shall be limited to persons age 21 and older, except as provided by State law.

(b) Hours of Operation. Retail sales facilities shall operate only between the hours of 10:00 a.m. to 8:00 p.m. Monday through Thursday and 10:00 a.m. to 10:00 p.m. Friday, Saturday and Sunday. An individual facility may set hours within those specified but may not be open outside the hours authorized under this subsection.

(c) Security Measures Required.

(i) Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.

(ii) Facilities must maintain adequate outdoor lighting over each exterior exit.

(iii) Any security bars installed on doors or windows visible from the public right-of-way shall be installed interior to the door or window, in a manner that they are not visible from the public right-of-way.

(iv) A retail sales facility shall not have a drive-in or drive-through facility.

(d) Proximity Restrictions.

(i) A retail sales facility shall not be located within 1,000 feet of a public or private elementary, middle, or high school or other school attended primarily by children under 18 years of age.

(ii) A retail sales facility shall not be located within 1,000 feet of another retail sales facility. The distance between the retail sales facilities shall be computed by straight line measurement of the nearest portion of the building in which one marijuana retail sales facility is located to the nearest portion of the building in which the other marijuana retail sales facility is located.

(iii) A retail sales facility shall not be located within 250 feet of a public library, public park, public playground, public recreational facility, or public athletic field. The distance between a retail sales facility and any of the foregoing buildings and properties shall be computed by straight line measurement from the nearest portion of the building in which the marijuana retail sales facility is located to the nearest portion of the park, playground, field or facility, or lot on which the public library is located.

(3) Standards for Recreational Marijuana Production, Processing, Testing Laboratories, and Wholesale Sales Facilities.

(a) Approval Process. Where permitted in industrial zones, recreational marijuana facilities are subject to approval under MCC 18.10.120, Design review. Applications for design review approval shall include detailed responses to the applicable standards listed in this section.

(b) Facility Construction Requirements. Recreational marijuana production, processing, testing laboratories, and wholesale sales facilities shall only take place indoors within new or existing buildings.

(i) For production facilities, views from the exterior of the building into the production area are prohibited. Views of interior lighting in the production area from the exterior of the building are also prohibited.

(c) Public Access Prohibited. Access to an industrial facility shall be limited to persons age 21 and older, except as provided by State law.

(d) Security Measures Required.

(i) Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.

(ii) Exterior lighting shall be provided and continuously maintained consistent with the standards of the applicable industrial zone.

(iii) Any security bars installed on doors or windows visible from the public right-of-way shall be installed interior to the door or window, in a manner that they are not visible from the public right-of-way.

(e) Odor Mitigation Measures Required. Production and processing facilities shall install and maintain enhanced ventilation systems designed to prevent detection of marijuana odor from adjacent properties or the public right-of-way. Such systems shall include the following features:

(i) Installation of activated carbon filters on all exhaust outlets to the building exterior;

(ii) Location of exhaust outlets a minimum of 10 feet from the property line and 10 feet above finished grade; and

(iii) Maintenance of negative air pressure within the facility; or

(iv) An alternative odor control system approved by the Building Official based on a report by a mechanical engineer licensed in the State of Oregon, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

(f) Waste Security Measures Required.

(i) Prior to disposal, marijuana waste shall be rendered unusable by either grinding and mixing (at a ratio of at least 1:1) with other compostable materials or yard waste, or by mixing with noncompostable solid waste such as paper, cardboard, plastic, soils, or other approved materials.

(ii) Marijuana waste shall be temporarily stored in an indoor container until it is rendered unusable.

(iii) Any facility generating marijuana waste shall use the services of a solid waste franchisee or self-haul such materials to a properly licensed and approved solid waste disposal or recycling facility. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) Purpose. The purpose of these regulations is to establish criteria for the placement of food cart pods that require a business registration per Chapter 5.60 MCC in Monmouth. Food carts provide the community a wider choice of eating and drinking options. Food cart pods shall comply with all applicable City, County and State standards.

(2) Review Required. Food carts and cart pods are subject to review per the following:

(a) Establishment of a new cart pod with three or more food carts requires site plan review approval pursuant to MCC 18.10.110.

(b) Establishment of a new cart pod with fewer than three food carts, or addition of a food cart to an established and permitted cart pod, requires zoning checklist review pursuant to MCC 18.10.010.

(3) Site Design Standards for Food Cart Pods.

(a) Food cart pods shall not occupy pedestrian walkways or required landscaping.

(b) Food cart pods shall not occupy or obstruct bicycle or vehicle parking required for an existing use.

(c) Carts and/or objects associated with the food cart use shall not occupy fire lanes or other emergency vehicle access areas.

(d) Front yard setbacks for food carts shall be a minimum of six feet.

(e) Rear and side yard setbacks for food carts and amenities shall be the same as the zone in which it is located, except when a side or rear yard abuts a residential zoning district.

(f) Rear and/or side yards abutting residentially zoned property shall have a minimum setback of 10 feet or the minimum setback for the zone in which it is located, whichever is greater.

(g) Carts shall not be located or oriented in a way that requires customers to queue in a driveway.

(h) Uses shall not create tripping hazards in pedestrian and vehicular circulation areas with items including, but not limited to, cords, hoses, pipes, cables, or similar materials.

(i) Where more than one cart is located on a site, carts shall be separated by a minimum of six feet.

(j) Food carts shall not be located in a vision clearance area as defined in MCC 18.140.110.

(4) Standards for Amenities Within a Food Cart Pod.

(a) All food carts and customer amenities within a food cart pod shall be designed to be compliant with any applicable ADA accessibility requirements.

(b) Waste and recycling receptacles shall be provided for customer and business waste. Receptacles shall be screened from view of the right-of-way and abutting residentially zoned properties and serviceable by the applicable waste-hauler.

(c) Storage structures accessory to food carts shall be less than 120 square feet in size and no greater than 15 feet in height. Storage structures shall be set back a minimum of 12 feet from public rights-of-way.

(d) Structures used to provide shelter to customers may be membrane structures such as tents or canopies or permanent structures. Structures providing shelter and/or cover to patrons shall:

(i) Be properly anchored and maintained. Any holes or tears in the covering shall be repaired or the covering shall be replaced.

(ii) Be 15 feet in height or less, as measured to the highest point.

(5) Design Standards for Individual Food Carts. All food carts shall be subject to the design standards listed below:

(a) Food carts shall enclose or screen from view of the right-of-way and abutting residentially zoned property all accessory items not used by customers, including, but not limited to, tanks, barrels, or other accessory items.

(b) The wheels shall remain inflated and on the food cart.

(c) Food carts shall not have missing siding or roofing.

(d) Food carts shall be kept in good repair and maintained in a safe and clean condition.

(e) Food carts shall not be longer than 26 feet, as measured from wall to wall.

(f) Food carts shall obtain and keep current a City business registration.

(g) Food carts shall maintain all required licenses by the appropriate State and/or local agency.

(h) If provided, cart awnings shall have seven feet of clearance between the ground and awning for safe pedestrian circulation.

(i) Food carts shall not exceed 15 feet in height without adjustment or variance approval.

(6) Utilities.

(a) Wastewater shall be addressed in one of the following two ways:

(i) Food carts shall connect to the sanitary sewer consistent with applicable plumbing codes and will include an approved grease separator for the disposal of fats, oils, and grease. Indirect discharge or leakage draining into the storm water system is prohibited; or

(ii) Food carts shall connect to individual or community wastewater holding tanks. Tanks shall be owned and serviced by an Oregon Department of Environmental Quality licensed pumper. A copy of the contract shall be provided to the City before any food carts are located on site. Holding tanks shall be screened from view of the right-of-way by fully sight obscuring fencing. Indirect discharge or leakage draining into the storm water system is prohibited.

(b) Potable water shall be provided in one of the following two ways:

(i) Food carts shall connect to a permanent water source in conformance with applicable State plumbing codes; or

(ii) Food carts shall be connected to a potable water tank consistent with Section 5-3 of the Oregon Health Authority’s 2012 Food Sanitation Rules.

(c) Food carts and amenities shall connect to a power source. Power connections may not be connected by overhead wires to the individual food carts. Generators are prohibited.

(d) All utilities shall be placed underground or otherwise screened, covered, or hidden from view from the right-of-way as to minimize visual impacts and prevent tripping hazards or other unsafe conditions.

(7) Signs.

(a) Signage on individual food carts shall be limited to signs on the face of the food cart.

(b) Freestanding signs for food cart pods are subject to provisions of Chapter 15.10 MCC.

(8) Lighting. Food cart pods shall have lighting to ensure safe environment for customers and employees that complies with the following:

(a) At minimum, areas to be occupied by customers shall be illuminated when carts operate during hours of darkness.

(b) Lighting shall be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto any public street. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

(1) In the RM, RH, and MX zones, only those neighborhood commercial uses specifically listed in subsections (1)(a) through (d) of this section may be permitted. Residential and neighborhood commercial uses may be mixed “vertically,” meaning that a residential use is developed above the commercial use (i.e., ground floor retail/office with upper-story apartments, townhomes, or condominiums), or may be mixed “horizontally,” meaning commercial and residential uses both occupy ground floor space. Auto-oriented uses (as defined in Chapter 18.45 MCC) are expressly prohibited.

(a) Eating and drinking establishments.

(b) Retail goods and services.

(c) Personal services.

(d) Offices.

(2) In the RM, RH, and MX zones, the following standards apply to neighborhood commercial uses:

(a) The maximum width or length of a neighborhood commercial or mixed use (residential and commercial) building shall not exceed 160 feet (from end-wall to end-wall).

(b) An individual commercial use (or leasable business space) shall not exceed 2,500 square feet of floor area. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than seven and one-half feet of vertical clearance).

(c) Commercial uses are subject to the design standards of MCC 18.90.090.

(d) Commercial uses shall provide a minimum of one off-street parking space per 1,000 square feet of floor area. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

A WCF is not allowed on public school grounds (excepting the Western Oregon University campus), in public parks, or in the downtown core area. (Code 1983 § 98.005.)

In addition to other requirements for conditional use applications, an application for a WCF shall include and the WCF shall be constructed and maintained in accordance with the following:

(1) Site and landscape plans drawn to scale.

(2) Engineered drawings of all components of the WCF, including, but not limited to, the support structure, antenna, enclosures and related equipment, drawn to scale.

(3) Documentation from a registered engineer establishing the structural integrity of the freestanding support structure or, in the case of a building mounted WCF, of the capacity of the building to safely bear the WCF and of the structural integrity of any support structures.

(4) A visual study depicting where within the City limits the WCF, or any portion thereof, can be seen.

(5) A showing that collocation of the facility on an existing or approved WCF, or an existing support structure, inside or outside the City limits, is not feasible. (Code 1983 § 98.010.)

A WCF shall be designed, constructed and maintained in accordance with the following standards:

(1) The location and design of the WCF shall minimize the visual impacts to properties located within one-quarter mile of the WCF, considering setbacks, lighting, height, bulk, color and landscaping. All support structures, antennas and associated equipment, including any enclosures and all exterior mechanical equipment, shall be colored and/or surfaced, so as to blend with the surrounding area. All surfaces shall be nonreflective. Exterior lighting shall not project onto adjacent properties.

(2) Freestanding support structures shall not be located within 300 feet of residentially zoned property.

(3) Freestanding WCFs shall have all mechanical and electrical equipment, enclosures and the bottom six feet of the support structure surrounded and screened by a six-foot-high sight-obscuring fence, wall or hedge with a minimum 10 feet landscaped yard of appropriate plant materials, which is to be properly maintained along the outside perimeter of the fence, wall or hedge.

(4) The WCF shall be located and designed to preserve the ability for collocation of at least two additional users and the applicant shall agree in writing to negotiate in good faith to accept additional users when technically possible.

(5) The height of the WCF shall be the minimum necessary to reasonably serve the operational requirements of the WCF. (Code 1983 § 98.015.)

Within 45 days after construction and/or installation of the WCF, the applicant shall submit an operation certificate from a registered engineer indicating compliance with all requirements herein and all structural standards for antennas developed by the Electronic Industries Association. (Code 1983 § 98.020.)

The fee for a WCF permit application, a renewal application, and for appealing a denial of renewal application shall be set by resolution of the City Council. (Code 1983 § 98.045.)

Annexations shall be processed as Type IV land use actions under the Monmouth Zoning Ordinance, except that the City Council shall have exclusive jurisdiction over annexations, and in accordance with the requirements of ORS 222.111 through 222.183. The application fee for annexations shall be set by resolution of the City Council. Applications for annexations shall be filed with the Planning Department. (Ord. 1144, § 1, June 1, 1999; Ord. 1227, § 1, February 7, 2006; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 99.005.)

The applicant must demonstrate that a proposed annexation complies with the provisions of the Urbanization and Land Use Chapter of the City Comprehensive Plan to receive approval of the City Council. However, inasmuch as the decision to annex property consists of a quasi-judicial element and a legislative decision based upon the best judgment of the City Council, the City Council may deny an annexation based upon its legislative perception of the request even though the annexation meets all requirements. A legislative decision to deny an annexation shall be specifically stated in the record and noted as a separate legislative act apart from the quasi-judicial decision. (Ord. 1144, § 2, June 1, 1999; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 99.010.)

Upon annexation to the City, property shall automatically be given the zoning designation that is the equivalent to the existing Comprehensive Plan Map designation, as set forth in Table 18.40.050, unless the applicant submits an application for a new Comprehensive Plan and zoning designation concurrent with an application for annexation. A request for a new Comprehensive Plan and zoning designation shall be initiated and processed according to the requirements for a zone change and plan amendment as identified in Division I of this title. Final approval of the Comprehensive Plan and zoning designation is contingent upon final approval of the annexation. Such contingent approval shall not be subject to a vote of the City electors.

(Added by Ord. 1254, July 5, 2007; amended by Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1408, § 1 (Exh. A), May 2, 2023. Formerly 18.40.050. Code 1983 § 99.025.)

When a nonconforming use, as described in MCC 18.05.120, is annexed into the City, the applicant shall provide a proposed schedule for removal of the nonconforming use, which may be approved or modified by the City Council, in order to ensure the removal within a reasonable period of time. The City Council may require the applicant and owner of the property proposed to be annexed to enter into a written agreement with the City which shall specify the period within which the nonconforming use shall be removed; provided, that if the nonconforming use is not removed within the period specified, the City may remove the nonconforming use in any reasonable manner, and that the owner and applicant shall be jointly and severally liable for said cost, which shall also be assessed against the property as a municipal lien in accordance with the provisions of MCC 8.05.210. The agreement shall be approved and signed by the City Manager. The City Manager may require the applicant to post security for performance of the agreement, in a form deemed acceptable by the City Attorney. If the applicant and/or owner fail to sign and return the agreement to the City, and/or fail to post the required security within 30 days after the agreement is mailed to the applicant, who shall be responsible for obtaining the owner(s)’ signature, the annexation application shall be deemed withdrawn without further action by the City. (Ord. 1144, § 6, June 1, 1999; Ord. 1408, § 1 (Exh. A), May 2, 2023. Formerly 18.40.060. Code 1983 § 99.030.)

As used in the Monmouth City Code, the following words, terms and phrases are defined as shown in this section:

“Abutting” means touching; the term “abutting” implies a closer proximity than the term “adjacent.”

“Access” means a way, means or right to cross public and private property, allowing pedestrians and vehicles to enter and leave property.

“Access strip” means the narrow strip of lot or easement used to provide street access to a flag lot.

“Accessory building or structure” means a detached building or portion of a main building, the use of which is incidental, appropriate, and subordinate to that of the main building or to the use of the land.

“Accessory use” means a use incidental, appropriate, and subordinate to the main use of a building or land.

“Adjacent” means lying near or close to. “Adjacent” implies that the two objects are not widely separated, though they do not actually touch.

“Adult business” means shall have the meaning assigned to it in Chapter 5.05 MCC, Adult Businesses.

“Air contaminant” means any dust, fume, mist, odor, smoke, vapor, pollen, soot, carbon, acid, or particulate matter, which is emitted into the atmosphere.

“Airport” means a land area, field, runway, or other facility designed, used, or intended to be used for the landing and taking off of aircraft. Such definition shall also include structure and facilities for the storage, maintenance, or repair of aircraft, which use the landing field or runway.

“Alley” means a public way or thoroughfare, not more than 20 feet in width, which has been dedicated to the public and accepted by the City Council to provide a secondary means of access.

“Alteration, structural” means any alteration or repair, which changes a supporting member of a building such as bearing wall, column, beam, header or girder.

“Apartment” means a dwelling unit that is part of an apartment house.

Auto Court. See “Motel.”

“Auto-oriented uses” means uses related to the operation, sale, maintenance, or fueling of motor vehicles, and uses where the use of a motor vehicle is accessory to the primary use, including drive through uses.

“Automobile or trailer sales lot” means a lot or parcel used for the display, sale, or rent of new or used automobiles or trailers, and where no repair work is done except for the minor, incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.

“Automobile service station” means premises used for the retail sale of gasoline, oil, and minor automobile accessories, and for the routine service, minor repair, and maintenance of automobiles.

“Automobile wrecking yard (junk yard)” means any property where more than two motor vehicles not in running condition or the parts of more than two vehicles are stored in the open; or any property used for the storage, sale, dismantling, or abandonment of wrecked automobiles, trailers, trucks, machinery, or parts thereof.

“Awning” means a movable shelter supported entirely from the exterior wall of a building and which can be retracted, folded, or collapsed against the face of a supporting building.

“Awning, mobile home” means a stationary structure, permanent or demountable, used in conjunction with a mobile home or trailer for the purpose of providing shelter from the sun and rain, and having a roof and no more than one wall or storage cabinet substituting for a wall.

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, and which has a vertical distance from grade to the floor below equal to or greater than the vertical distance from grade to ceiling. If such portion of a building is not basement, then it shall be considered a story.

“Bed and breakfast facility” is an accessory use, located in a single-family dwelling or historic landmark building where guests are lodged for sleeping purposes and a morning meal is provided only to guests for compensation. A bed and breakfast facility can contain up to five rooms for rent on a daily basis and have a maximum of 10 guests and shall be owner or lessee occupied. The primary use of the residence must remain as a single-family dwelling and the building shall retain the characteristics of a single-family dwelling. A bed and breakfast facility shall be clearly incidental, accessory and subordinate to residential use. The use shall be conducted entirely within the single-family dwelling and shall not take an outward appearance nor manifest any characteristic of a business, except for allowed signage.

“Bed and breakfast facilities” do not include motels, health or limited care facilities, boarding houses, group quarters, hostels or rescue missions. The maximum length of stay for guests is 15 consecutive nights. Signs shall be limited to an area of two square feet. Parking shall be provided as specified in Chapter 18.130 MCC.

“Block” means the properties abutting on one side of a street between either:

(a) Two cross streets;

(b) Or between the City limits and the nearest cross streets;

(c) Or when there is only one cross street:

(i) Between a cross street and the dead end of a street;

(ii) Between a cross street and a line projected from the center line of an intersecting street, such as a “T” intersection;

(iii) Between a cross street and a point 600 feet from the particular property under consideration when there is no other cross street or intersecting street within 600 feet;

(d) Or when there are no cross streets, then the block shall be between the points 600 feet from each side of the property under consideration and along the street.

“Block length” means the distance measured along all that part of one side of a street which is between two intersecting or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, watercourse, body of water, or undivided acreage.

“Boarding house” means a building or portion thereof used for the purpose of providing meals or meals and lodging for pay. An establishment where meals are served for compensation to more than five persons shall be considered a restaurant. An establishment with more than five sleeping rooms shall be considered a hotel.

“Boarding of animals” means the care and keeping of four or more dogs, cats, or other animals over the age of four months for a period of time greater than 48 hours. The care and keeping of animals at a veterinary clinic while such animals are undergoing treatment or are convalescing shall not be considered boarding of animals.

“Building” means a structure built or used for the shelter or enclosure of persons, animals, or property of any kind.

“Building lines” means the lines indicated on the subdivision plat or otherwise described, delineating the area upon which structures may be erected.

“Cabana” means a stationary light-weight structure which may be prefabricated or demountable and which has two or more walls, used adjacent to and in conjunction with a mobile home or trailer to provide additional living space and designed to be moved with the trailer or mobile home.

Cafe. Same as “Restaurant.”

“Campground” means an overnight area with facilities and space for tents, tent vehicles, camping vehicles, or recreational vehicles.

“Capacity” means the maximum holding or service ability, as used for transportation, utilities, parks, and other public facilities.

“Car port” means a stationary structure used to shelter an automobile, and having two or more open sides.

Cellar. See “Basement.”

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. Such definition includes a columbarium, crematory, or mortuary, when operated in conjunction with and within the boundary of a cemetery.

“Childcare facility” means a facility that provides care and supervision of minor children for periods of less than 24 hours that does not otherwise meet the definition of “family daycare.”

“City” shall mean that area under the jurisdiction of the governing body of the City of Monmouth, the City Council, or a representative of the City authorized to act in that capacity by the City Council.

“City Council” means the governing body of the City of Monmouth, Oregon.

“Clinic” means an establishment where human patients who are not lodged overnight are admitted for treatment or examination by one or more physicians, dentists, chiropractors, or other practitioners of medicine.

“Club” means an organization, group or association supported by its members, the purpose of which is to render a service primarily for members and their guests. This shall not include any organization, group or association, the chief activity of which is to render a service customarily carried on as a business.

“Common area” means land commonly owned to include open space, landscaping or recreation facilities (e.g., typically owned by homeowners’ associations).

“Comprehensive Plan” means the Comprehensive Plan for the City of Monmouth as adopted by the City Council, and including the Comprehensive Plan Map and policies.

“Condominium” means the land, whether leasehold or in fee simple and whether contiguous or noncontiguous, all buildings, improvements, and structures thereon, and all easements, rights, and appurtenances belonging thereto, which are submitted to the provisions of ORS 100.005 to 100.625.

Convalescent Home. Same as “Nursing home.”

“Court” means a space, open and unobstructed to the sky, bounded on three or more sides by walls of a building.

“Curb line” means the line indicating the edge of the vehicular roadway within the overall right-of-way on improved streets.

“Day” means a calendar day.

“Dedication” means the designation of land by its owner for any public use as shown on a partition or subdivision plat or deed. The term may also be used for dedications to a private homeowners’ association.

“Density” means the number of dwelling units per acre of land within a subdivision, manufactured dwelling park, planned unit development, lot or parcel. The number of acres shall be determined by measurement of the gross area of the property; that is, to include the area of any future streets, common areas, or other rights-of-way to be dedicated to the public, but not to include any existing streets, parks or any other areas dedicated to the public which may lie within or abut the subject property.

“Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, grading and areas devoted to exterior display, storage or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or landscapes.

“Dormitory” means a building other than a hotel, boarding house, or rooming house and used primarily for sleeping purposes.

“Downtown core area” means the area bounded on the north by the south side of Jackson Street, on the east by the west side of Pacific Street (State Highway 99W), on the south by the north side of Clay Street and on the west by the east side of Monmouth Avenue.

“Drive-in or drive-through facilities” means sites and building features such as driveway approaches, internal circulation, and exterior vending facilities that allow motor vehicle drivers to complete transactions for retail goods or services without leaving their vehicle. Vehicle service and repair facilities are not considered drive-in facilities even if the service or repair can be conducted without the driver leaving the vehicle.

Dwellings.

“Accessory dwelling unit” (ADU) means a smaller dwelling unit with complete and independent living facilities on the same lot as an existing primary dwelling unit. ADUs can be detached, attached, or interior to a primary dwelling unit.

“Cottage” means an individual dwelling unit that is part of a cottage cluster.

“Cottage cluster” means a grouping of no fewer than four detached cottages, each with a footprint of less than 900 square feet, located on a single lot or parcel that includes a common courtyard.

“Dwelling, duplex” means two dwelling units on a lot or parcel in any configuration (attached or detached, stacked, or side-by-side). In instances where a development can meet the definition of a duplex and also meets the definition of a primary dwelling unit with an accessory dwelling unit (ADU), the applicant shall specify at the time of application review whether the development is considered a duplex or a primary dwelling unit with an ADU.

“Dwelling, multiple” means four or more dwelling units on a lot whether the units are attached, detached, stacked, or otherwise provided.

“Dwelling, single-detached” means a single detached dwelling unit on a single lot.

“Dwelling, townhouse or row house” means a dwelling unit that is part of a row of two or more attached units, where each dwelling unit is located on its own lot and shares a common side wall or walls with the adjacent units.

“Dwelling, triplex” means three dwelling units on a lot or parcel in any configuration (attached or detached, stacked or side-by-side).

“Dwelling unit” means one or more habitable rooms occupied or intended or designed to be occupied by one or more people and having facilities for living, sleeping, cooking and eating; such definition shall not include a hotel, motel, boarding house, campground or mobile home.

“Easement” means a right of usage of real property granted by an owner to the public or to specific persons, firms, or corporations.

“Educational institution” means a college or university supported by public funds, tuitions, contributions or endowments and giving general academic instruction, excluding elementary and high schools and trade or commercial schools.

“Family daycare” means a facility that cares for not more than 16 children in a home. See ORS 657A.440(4) for applicable licensing and other requirements.

“Flag lot” means a lot or parcel that has access to a road, street, or easement by means of a narrow strip of land or easement. Flag lot standards are in MCC 17.25.060(6).

“Food cart” means a mobile vehicle, such as a food truck, trailer, or cart, from which service of food and/or beverages is provided to walk-up customers.

“Food cart pod” means a site containing one or more food carts and associated amenities on private property.

“Foster home” means a home operated in a family-type setting for persons who are in need of housing, food, care and/or services, 18 years of age or younger.

“Fraternity, sorority, student home” means a residential building in which living accommodations are furnished to the students of an educational institution.

“Frontage” means the distance along which a lot or parcel abuts a street as defined in this title.

“Garage, private” means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles for the residents, tenants, employees, or owners of the building, and in which no business, occupation, or commercial service is conducted.

“Garage, public” means a building, other than a private garage or repair garage, used for the parking, storage and incidental repair of motor vehicles for compensation, hire or sale.

“Garage, repair” means a building in which automobiles or other motor vehicles are repaired or modified for compensation.

“Grade (ground level)” means the lowest elevation of the finished surface of the ground between the exterior wall of building and a point five feet distant from said wall; or the lowest elevation of the finished surface of the ground between the exterior wall of a building and the property line if such line is less than five feet distant from the wall. In the case that walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.

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

“Heliport” means an area used or intended for landing or take-off of helicopters or other vertical take-off and land aircraft capable of hovering and which includes all of the area or buildings, which are accessory to these functions.

Home Occupation. A “home occupation” is any commercial activity or business conducted in a residential zone by the resident(s) of the dwelling, which is incidental and subordinate to the residential use of the property. Home occupations may be permitted only in accordance with the provisions and requirements of this title and may not be the primary land use on any lot or parcel in any residential zone.

“Homes for the aged and infirm” means any dwelling or other residential institution that maintains facilities for rendering board and care for compensation to three or more aged persons not related to the operator by blood or marriage. An “aged person” is a person having an age of 65 years or more, or a person of less than 65 years who by reason of infirmity requires domiciliary care.

“Hospital” means an institution devoted primarily to the rendering of healing, curing, and nursing care; and which maintains and operates facilities for the diagnosis, treatment, or care of two or more nonrelated individuals suffering from illness, injury, or deformity; or where obstetrical or other healing or nursing care is rendered over a period exceeding 24 hours.

“Hospital, veterinary” means a building or premises for the medical or surgical treatment of domestic animals or pets.

“Hotel” or “lodging house” means a building or portion of a building containing rooms customarily occupied by travelers as temporary quarters and for which compensation is paid and which are not residences.

“Incident solar radiation” means solar energy falling upon a given surface area.

“Interested party” means the owner of the property to be subdivided or partitioned, or a proponent or opponent who is specially, personally, or adversely affected by the application.

Junk Yard. Same as “Automobile wrecking yard.”

“Kennel” means any lot or premises on which four or more dogs, cats, or other pets over the age of four months are kept for sale, lease, boarding, breeding, hunting or racing.

“Land division” means the creation of a lot or parcel of land through the subdivision or partition process.

“Land use action” means a quasi-judicial decision rendered by the Planning Commission or City Council on a request for a variance, conditional use, manufactured dwelling park, or planned unit development.

“Landscape” means to change the natural features of a site so as to make it more attractive, by adding trees, shrubs, ground cover, and other plants or built features such as paths, fountains and pools.

“Line, front building” means a horizontal line parallel to the front lot line and passing through that part of the main building’s foundation, which is closest to the front lot line. In the case of a lot, which has no improvements upon it, the front building line shall be considered to be a line located halfway between the front and rear lot lines and parallel to the front lot line.

“Liquid waste” means waste oils, septic tank pumpings, industrial wastes, or other similar liquids.

“Loading space” means an off-street space or berth for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such a space shall be on the same lot as the building or group of buildings that it serves and shall abut upon a street, alley, or appropriate means of access.

“Lot” means a unit of land created by a subdivision of land.

“Lot area” means the total area measured on a horizontal plane within the lines of a lot.

“Lot, corner” means a lot situated at the intersection of two or more streets.

“Lot coverage” means the percentage of a lot or parcel covered by buildings and structures (as defined by the foundation plan area) at 36 inches or greater above the finished grade. It does not include paved surface level developments such as driveways, parking pads, and patios that do not meet the minimum elevation of 36 inches above grade.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured in the mean direction of the side lot lines.

“Lot, double frontage” means a lot which has frontage on two streets but which is not a corner lot.

“Lot, exterior townhouse or row house” means a lot for a townhouse or row house dwelling with a similar townhouse or row house attached on only one side.

“Lot, interior” means any lot other than a corner lot.

“Lot, interior townhouse or row house” means a lot for a townhouse or row house dwelling with a similar townhouse or row house attached on each side.

“Lot line” means the lines bounding a lot as defined herein.

“Lot line adjustment” means an adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with all requirements of this title.

“Lot line, front” means in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot or double frontage lot, the line separating the lot from the street on which the improvements or contemplated improvement will face, or if that is not applicable, the line adjoining the street from which the property will take its access, or, if neither of the preceding is applicable, the line having the shorter street frontage.

“Lot line, rear” means a lot line, which is opposite and most distant from the front lot line. In the case of a triangular lot, the rear lot line for building purposes shall be assumed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

“Lot line, side” means any lot line, which is not a front or rear lot line.

“Lot of record” means a lot which is part of an approved, recorded subdivision, or a lot or parcel described by legal description or by metes and bounds and which has been recorded in the office of the County Clerk.

Lot, Through. Same as “Double-frontage lot.”

“Lot width” means the distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

“Main building” means a structure housing the primary land use that occurs on a lot or parcel. There may be several main buildings on a single lot or parcel. See “Accessory building.”

“Major partition” means a partition, as defined by this title, which includes the creation of a road or street.

“Manufactured dwelling” means:

(a) Manufactured home, as defined by this title.

(b) Mobile home, as defined by this title.

(c) Residential trailer, as defined by this title.

(d) Prefabricated structure, as defined by this title.

Manufactured Dwelling Park. A “manufactured dwelling park” is a privately owned property where four or more manufactured dwellings, used as residences, are within 500 feet of one another on the same lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Manufactured dwelling park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot if the subdivision was approved by the City as a subdivision.

Manufactured Home. A “manufactured home” is a structure constructed for movement on the public highways, which has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with Federal manufactured housing construction and safety standard regulations in effect at the time of the construction.

“Map” means a final diagram drawing or other writing concerning a major partition.

“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in ORS 571.300.

“Marijuana waste” means the unwanted part or parts of a marijuana plant including but not limited to trimmings, shake, stems, remnants, by-products or any other vegetative elements of a marijuana plant that a generator wishes to dispose of. Marijuana waste, for the purposes of this code, does not include part or parts of a marijuana plant that have been treated or contaminated with solvents, or other chemicals that would be considered household hazardous waste or hazardous waste.

“Minor partition” means a partition, as defined by this title, which does not include the creation of a road or street.

“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Modular or prefabricated home” means a dwelling unit whose components are assembled and brought to the site and erected. The dwelling unit is intended and designed to be placed upon a permanent foundation and substantial construction is needed before it is complete and ready for permanent occupancy. Modular or prefabricated homes are regulated by the Uniform Building Code (UBC).

“Motel (auto court, tourist court)” means a series of attached, semi-detached, or detached units customarily occupied by travelers as temporary quarters and for which compensation is paid. Such units shall have an entrance directly from the outside into the building and shall not be used as residences.

“Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.

“Nonconforming development or use” means a development or use lawfully existing at the time this title became applicable to the development by being in compliance with the standards applicable to it at the time it came into existence, but that would not be lawful except for its preexistence.

“Nonconforming lot of record” means a lot, which is lawfully created in compliance with all applicable ordinances and laws, but which because of the application of a subsequent zoning ordinance or amendments no longer conforms to the requirements for the zone in which it is located.

Notification Area. As applied to a request for a land use action, the “notification area” shall be deemed to include the area bounded by lines 250 feet from and parallel to the boundaries of the property that is the subject of the request. The notification area also includes the property that is the subject of the request. In those cases where the subject property is adjoined by property under the same ownership, the notification area shall be measured from the outermost property line of all the contiguous properties under that ownership.

“Nursing home (convalescent home, rest home)” means any home, place or institution which operates and maintains facilities providing convalescent or nursing care or both for a period exceeding 24 hours for two or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent care may include but need not be limited to the procedures commonly employed in nursing and caring for the sick. A nursing home includes rest homes and convalescent homes, but does not include a boarding home for the aged, a retirement home, hotel, hospital, or a chiropractic facility licensed according to Oregon Revised Statutes. A nursing home must be licensed according to the Oregon Revised Statutes.

“Owner” means the owner of record of real property as shown on the latest tax rolls or deed records of the County, or a person who is purchasing a property according to the terms of a recorded contract.

“Parcel” means a single unit of land that is created by a partitioning of land.

“Parking area, private” means an open area other than a street or alley used for the parking of the automobiles of residents, occupants, or a guest of a building.

“Parking area, public” means an open area other than a private parking area, street, or alley used for the parking of automobiles and available for use by the public or by persons patronizing a particular building or establishment.

“Parking space, automobile” means an area within a private or public area, building, or structure for the parking of one automobile.

“Partition land” means to divide an area or tract of land into two or three parcels when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.

“Partition land” does not include:

(a) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

(b) An adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance;

(c) The division of land resulting from the recording of a subdivision or condominium plat;

(d) A sale or grant by a person to a public agency or public body for State highway, County road, City street or other right-of-way purposes; provided, that such road or right-of-way complies with the applicable comprehensive plan. However, any property divided by the sale or grant of property for State highway, County road, City street or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or

(e) A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the State, a political subdivision or special district for highways, County roads, City streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

“Partition plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.

“Person” means a natural person or his heirs, executors, administrators, or assigns; or a firm, partnership, or corporation, or its successors or assigns; or the agent of any of the aforesaid; or any political subdivision, agency, board, or bureau of government.

“Plan amendment” means a change of the plan designation of a property, as shown on the Comprehensive Plan Map.

“Plan designation” means the designation of a property as shown on the Comprehensive Plan Map.

“Planned unit development” means a complex of residential and/or commercial structures designed and developed as a single development unit, built by a single owner or group of owners and maintained by an association. Conversion of existing multiple dwelling unit structures or condominiums shall constitute a planned unit development. The phrase “planned unit development” may be abbreviated “PUD.”

“Planning Commission” means the Planning Commission of the City of Monmouth, Oregon.

Plat. See “Partition plat” and “Subdivision plat.”

“Prefabricated structure” means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on site.

Property Line. Same as “Lot line.”

“Ramada” means a stationary structure having a roof extending over a mobile home or trailer, which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain.

“Recreational marijuana processing facility” means a building or structure used in whole or in part for processing recreational marijuana as defined in ORS 475B.015(26), as the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, and which is licensed by the Oregon Liquor Control Commission. Processing does not include packaging or labeling.

“Recreational marijuana production facility” means a building or structure used in whole or in part for producing recreational marijuana as defined in ORS 475B.015(25), as the manufacture, planting, cultivation, growing or harvesting of marijuana, and which is licensed by the Oregon Liquor Control Commission. Producing does not include drying or cultivation of immature plants received from a producer, or the cultivation and growing of an immature marijuana plant by a processor, wholesaler, or retailer if that party purchased or otherwise received the plant from a licensed producer.

“Recreational marijuana retail facility” means a building or structure used in whole or in part for retail sales to a consumer of marijuana, cannabinoid products, and miscellaneous items, and which is licensed by the Oregon Liquor Control Commission.

“Recreational marijuana testing laboratory” means a building or structure used in whole or in part for testing of marijuana items, and which is licensed by the Oregon Liquor Control Commission.

“Recreational marijuana wholesale sales facility” means a building or structure used in whole or in part for wholesale sales of marijuana, cannabinoid products, and miscellaneous items to a person other than a consumer, and which is licensed by the Oregon Liquor Control Commission.

“Recreational vehicle” means any vehicle, with or without motive power, which is designed and constructed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes. Such definition shall include pickup campers, motor homes, camper trailers, and similar vehicles regardless of whether they are self-propelled, carried or towed.

“Recreational vehicle park” means a plot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

“Refuse” means any putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings, and industrial waste (including waste disposal from industrial salvage).

“Regulated affordable housing” means residential property: (a) in which each unit on the property is affordable to own or rent to families with incomes of 80 percent of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development; (b) in which the average of all units on the property is affordable to families with incomes of 60 percent of the area median income; and (c) whose affordability is enforceable, including as described in ORS 456.270 to 456.295, for a duration of no less than 60 years.

“Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance or improvement. The word “repair” or “repairs” shall not include any structural alteration.

“Reserve strip” means a strip of land usually one foot in width, reserved across the end of a street or alley terminating at the boundary of a subdivision, or a strip of land between a dedicated street of less than full width and adjacent acreage, in either case reserved or held for future street extension or widening.

“Residence” means any dwelling unit, apartment, building, mobile home, or other structure in which residential activities are conducted and which is occupied by one person, family, or group of persons for a period exceeding 30 days within any 12-month period.

“Residential” means that which pertains to the activities normally conducted within a residence (i.e., living, sleeping, cooking, and eating).

“Residential facility” means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, licensed or registered under ORS 443.400 to 443.460 or licensed under ORS 418.205 to 418.327 by the Department of Human Services, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to 15 individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.

“Residential flat” means a residential dwelling unit situated on a second floor or higher above permitted nonresidential uses.

“Residential home” means a residential treatment or training or an adult foster home licensed by or under the authority of the Department, as defined in ORS 443.400, under ORS 443.400 to 443.825, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825, that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.

“Residential trailer” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

Rest Home. Same as “Nursing home.”

“Restaurant (cafe)” means an establishment where prepared food is served to the public for consumption within the building or to take out to some other location.

“Right-of-way (R.O.W.), public” means a defined area of land dedicated to the public so that it may be used or passed across by the public.

“Road” or “street” means a public or private way that is created to provide ingress or egress to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. The term “street” shall include such designations as highway, thoroughfares, parkway, throughway, road, avenue, boulevard, lane, court, place or other such terms.

(a) “Arterial” means a major facility for moving large volumes of inter-area traffic, primarily carrying through traffic.

(b) “Collector street” means a facility that allows intra-area traffic to connect to the arterial system. It supplies abutting property with the same degree of land service as a local street but is given priority over local streets in any traffic control installation.

(c) Local Street. It serves primarily to provide direct access to abutting land and offers the lowest level of traffic mobility. Through traffic movement is deliberately discouraged.

(d) “Cul-de-sac” means a short, dead-end street with vehicular turnaround at the dead-end.

(e) “Dead-end street” means an arterial, collector, local or cul-de-sac street which will be completed or extended and with no turnaround at the present dead-end.

(f) “Marginal access street (frontage road)” means a minor street parallel and adjacent to an arterial or collector street providing access to abutting properties but protected from through traffic.

“Rooming house” means a dwelling or portion thereof where sleeping rooms are provided, where no meals are provided, and where lodging for three or more persons is provided for compensation. An establishment having more than five sleeping rooms shall be considered a hotel.

“School (elementary, middle school, or high)” means an institution, public, private or parochial, offering instruction in several branches of learning in accordance with the rules and regulations of the State Department of Education.

“School, trade or commercial” means a school in which instruction is given to pupils for a fee in money, and which is not a public school, and which specializes in the teaching of a particular skill, trade or profession.

“Service station” means a premises used for the retail sale of gasoline, oil, and minor automobile accessories, and for the routine service, minor repair, and maintenance of automobiles.

Service Utility. Whenever the term “service utilities” or “service utility” is used it shall mean and include public street lighting and water mains and facilities for fire protection and the following utilities for residential service: water, sanitary sewer, electricity, gas, telephone, wireless communication services and television cable service.

“Setback” means the distance between a building (or other feature of development) and a property line. Minimum and maximum setbacks may be required for front, rear, and side yards.

“Shared parking” means any parking spaces intended for use by more than one use, where persons occupying the spaces are unlikely to need the spaces at the same time of day.

“Short term rental” means a dwelling unit, or part of a dwelling unit, that is rented, available for rent, or advertised or listed as available for rent as transient lodging, within the meaning of MCC 5.50.010.

“Short term rental, hosted” means a short term rental where one or more members of the resident family over the age of 18 are present within the dwelling unit during the short term rental stay.

“Short term rental, not hosted” means a short term rental where no member of the resident family over the age of 18 is present within the dwelling unit during the short term rental stay.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor and level directly above a basement or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered a story.

“Structure” means that which is built or constructed; an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, regardless of whether it is wholly or partly above or below grade.

“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.

“Subdivider” means any person who proposes a land division.

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided as defined by this title.

“Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision prepared as specified by ORS Chapter 92.

“Subject property” means the lot or parcel that is the subject of a request for a land use action as defined in this title.

“Tentative plat” means a preliminary map of a partition or subdivision.

Tourist Court. Same as “Motel.”

Trailer (Travel or Vacation). Same as “Recreational vehicle.”

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

“Utilities” means water, gas, sewer, electrical, telephone and wire communication service, and all persons and companies supplying the same.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term is defined more specifically by the Federal Clean Water Act (Section 404) and Oregon Administrative Rules (OAR 141-85-500).

“Wireless communication facility (WCF)” means an unstaffed facility for the transmission and/or reception of radio or microwave signals used for communications, usually consisting of an equipment shelter or other enclosure containing electronic equipment, a support structure, antenna or other transmission and/or reception devices or an antenna attached to an existing structure.

“Yard” means the area defined by setbacks (i.e., between the setback line and respective property line).

“Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum distance between the front lot line and a line parallel thereto at the nearest point of the foundation of the main building.

“Yard, landscaped” means an open area devoted primarily to the planting and maintaining of trees, grass, shrubs, and plants together with sufficient permanent irrigation equipment to maintain properly all vegetation. As complementary features, fountains, pools, screens, decorative lighting, lighting, sculpture, and outdoor furnishings may be placed within said area.

“Yard, rear” means a yard extending across the full width of the lot between the nearest main building and the rear lot line. The required rear yard depth shall be measured horizontally from the nearest point of the rear lot line, or, if the rear lot line adjoins an alley, then from the center line of the alley, toward the nearest part of the foundation of the building.

“Yard, side” means a yard between the main building and the side lot line extending from the front yard or front lot line to the rear yard; the required side yard depth shall be measured from the nearest point of the side lot line toward the nearest part of the foundation of the main building.

“Zone change” means a change of the zoning of one or more properties as shown on the zoning map adopted by the City of Monmouth. (Amended by Ord. 1260, January 3, 2008; Ord. 1267, November 4, 2008; Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1372, § 1 (Exh. A), February 7, 2017; Ord. 1387, § 1 (Exh. A), November 19, 2019; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.905.)