The regulations in this chapter are established to provide appropriate location and design of parking and loading areas and appropriate location, design, and capacity of accesses. The parking requirements are intended to provide sufficient parking in close proximity to the various uses for residents, customers, and/or employees; and to maintain traffic carrying capacity of nearby streets. These regulations apply to both motorized vehicles, hereafter called vehicles, and bicycles. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.000.)

Any building constructed, enlarged, altered or subject to a change of use shall establish and maintain parking areas in accordance with the provisions of this chapter unless specified within individual zones. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.005.)

(1) Parking spaces and maneuvering areas shall be designed as depicted in the diagrams and tables in MCC 18.130.100.

(2) Any private or public parking area shall be surfaced with asphaltic concrete and shall be adequately graded and drained as required by the City. Appropriate bumper guards or wheel barriers shall be installed two and one-half feet from a required yard or from a property line and four and one-half feet from any structure excluding a private garage.

(3) A public parking area located in any residential district or adjacent to any residential use shall be enclosed with an ornamental fence, masonry wall, or compact evergreen hedge having a height of not less than two feet and maintained in good condition and shall observe the required front, side, or rear yard setbacks.

(4) Lighting of parking and loading areas 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.

(5) The provision and maintenance of off-street parking and loading space shall be a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking or loading space. The subsequent use of the property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this title.

(6) No owner or occupant of a lot or building shall change the use to which the lot or building is put, thereby increasing parking or loading requirements, until the required increase in off-street parking or loading is provided.

(7) Each required parking space shall be located as follows:

(a) For dwellings, required parking spaces shall be located on the same lot with the dwelling or on the adjacent public street in accordance with subsection (7)(b) of this section.

(b) For dwellings other than those in the RS zone, on-street parking may be counted toward the minimum required parking spaces if the following conditions are met:

(i) The adjacent street allows parking on both sides; and

(ii) The on-street parking spaces can be located along the frontage of the subject site.

(c) Other required parking spaces (nondwelling) shall be located not farther than 300 feet from the building or use that it is to serve, measured in a straight line from the building or use.

(8) Each required automobile parking space shall have access to a street or alley.

(9) No portion of a parking space or aisle, as is identified in MCC 18.150.060, shall be located in a required setback.

(10) The minimum driveway length between a garage face and the back edge of the sidewalk shall be 20 feet.

(11) Compact car parking spaces may account for up to 30 percent of the required parking spaces, provided the spaces are permanently designated by sign(s) as being for use by compact cars only. All compact car parking spaces shall be a minimum of eight feet, six inches in width and a minimum of 16 feet in depth.

(12) For two-way circulation, the minimum aisle width shall be 20 feet. Adequate ingress, egress and turnaround space shall be provided.

(13) Expansion of Existing Structures. When an existing structure is expanded, additional vehicle parking shall be provided in accordance with the provisions of this title. If the expansion requires no more than two additional vehicle spaces, no additional parking shall be required.

(14) Change in Use. No additional parking shall be required when an existing structure is changed from one use type to another, as listed in MCC 18.130.050, and the vehicle parking requirements for each use type are the same or require no more than two additional vehicle spaces. If the change in use requires more than two additional vehicle spaces, additional parking shall be provided in accordance with the provisions of this title.

(15) Shared Parking. Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend uses); and provided, that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.010.)

The number of parking spaces required for any building or land use shall be determined from the following table:

(Amended by Ord. 1267, November 4, 2008; Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.015.)

(1) Any building constructed, enlarged, altered, or subject to a change of use in order to accommodate a commercial activity shall establish and maintain one or more loading spaces for commercial vehicles in accordance with the provisions of MCC 18.130.020 to 18.130.070.

(2) Each required loading space shall have a minimum width of 12 feet.

(3) Each required loading space shall have a minimum length of 30 feet.

(4) Each required loading space shall have a minimum height of 14 feet.

(5) Each required loading space shall have access to a street or alley.

(6) Each required loading space shall have a surface of asphaltic concrete or Portland cement concrete.

(7) Number of Loading Spaces Required.

(a) Commercial office buildings:

(i) Up to 30,000 square feet of gross floor area equals zero spaces.

(ii) More than 30,000 square feet to 100,000 square feet of gross floor area equals one space.

(iii) More than 100,000 square feet of gross floor area equals two spaces.

(b) All other commercial or industrial buildings:

(i) Up to 5,000 square feet of gross floor area equals zero spaces.

(ii) More than 5,000 square feet to 30,000 square feet of gross floor area equals one space.

(iii) More than 30,000 square feet to 100,000 square feet of gross floor area equals two spaces.

(iv) More than 100,000 square feet of gross floor area equals three spaces.

(8) In the Main Street district, contiguous properties may share a common loading space. (Amended by Ord. 1267, November 4, 2008; Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.020.)

The number of handicap spaces needed for any structure or use:

(1) Handicap parking shall be provided for all uses in accordance with the standards in Table 18.130.060(6); parking spaces used to meet the standards in subsection (6) of this section shall be counted toward meeting off-street parking requirements;

(2) Such parking shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the entrance on an unobstructed path or walkway;

(3) Handicap spaces shall be grouped in pairs where possible;

(4) Where covered parking is provided, covered handicap spaces shall be provided in the same ratio as covered nonaccessible spaces;

(5) Required handicap parking spaces shall be identified with signs and pavement markings identifying them as reserved for persons with disabilities; signs shall be posted directly in front of the parking space at a height of no less than 42 inches and no more than 72 inches above pavement level. Van spaces shall be specifically identified as such;

(6) The minimum number of required handicap parking spaces are shown in the table below.

Source: American Disabilities Act Standards for Accessible Design

(Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.025.)

On-site bicycle parking spaces shall be provided with new development and any change of use, consistent with Table 18.130.070-1. If a use is not listed in the table, then bicycle parking is not required for that use.

(1) Bicycle parking shall be located in a well-lighted, secure and generally visible location having direct access to an adjacent sidewalk or parking area. The bicycle parking area need not be fully enclosed but shall provide shelter from precipitation.

(2) Bicycle parking areas shall have a parking surface of asphaltic concrete, Portland cement concrete, or a brick paving system.

(3) Bicycle racks shall be securely anchored. A five-foot aisle for bicycle maneuvering shall be provided and maintained beside or between each row of bicycle parking. Bicycle parking shall not obstruct walkways.

(4) Bicycle parking facilities shall either be lockable enclosures in which the bicycle is stored, or secure stationary racks which support the frame so the bicycle cannot easily be pushed or fall to one side. Racks that require a user-supplied lock shall accommodate locking the frame and both wheels using either a cable or U-shaped lock.

(5) Bicycle parking areas incorporating the standard inverted U-shaped bicycle rack, or functionally equivalent structure, shall have the following dimensions:

(a) The minimum height of the bicycle rack shall be 36 inches from the base to the top of the rack.

(b) The minimum length for the bicycle rack shall be two feet.

(c) A bicycle rack shall accommodate at least two bicycles.

(d) The exterior surface of bicycle racks shall be nonabrasive, nonmarring, and durable. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.030.)

Access to State highways is granted by the Oregon Department of Transportation (ODOT). A change of use to which the lot or building is put may require amending an existing highway approach permit. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.035.)

Repealed by Ord. 1408. (MCC 18.130.090 added by Ord. 1275, June 16, 2009; amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 96.040.)

Parking spaces and maneuvering areas shall be designed as depicted in the following table and diagram.

(Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.045.)

(1) The requirements set forth in this chapter shall apply to accessory structures in the RS, RM, RH, MX and CO zones.

(2) Any accessory building attached to the main building shall be considered a part of the main building and shall be subject to the same requirements as the main building.

(3) Any accessory building not attached to the main building shall be subject to the requirements of this chapter.

(4) Any accessory structure other than a building shall be subject to the requirements of this chapter, regardless of whether the accessory structure is attached to the main building.

(5) The requirements of this chapter shall apply only to accessory structures and not to main buildings. Requirements for the yards, height, and lot coverage of main buildings shall be determined according to the provisions of the zone in which the main building is located. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 96.105.)

The area covered by accessory structures shall not exceed 25 percent of the total area of any lot. (Code 1983 § 96.110.)

(1) The maximum height of any accessory structure attached to a main building shall be determined in accordance with the height requirements of the zone in which the main building is located.

(2) The maximum height of any accessory structure not attached to a main building shall be 15 feet.

(3) Television and radio antennas for the personal use of the owner of the lot on which they are located shall be exempt from the height requirements of subsections (1) and (2) of this section; such antennas shall have a maximum height of 50 feet above grade regardless of whether they are attached to a main building or are freestanding. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 96.115.)

No accessory structure exceeding two feet in height except a fence shall be permitted in a required front yard. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 96.120.)

Notwithstanding any other requirement or standard set out in this chapter, no accessory structure or fence shall be constructed or located so as to obscure vision clearance required by MCC 18.140.110. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 96.125.)

(1) Side Yards. Accessory structures located in a side yard shall be set back at least five feet from the nearest side lot line.

(2) Rear Yards. All accessory structures located within rear yards shall be set back at least five feet from the rear lot line. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 96.126.)

Fences, walls and hedges may be located in any required yard or along the edge of any yard, subject to the maintenance of required clear-vision areas. Front yard fences along a front property line or within a front yard setback shall not exceed a height of five feet when the fence is at least 50 percent open. All other front yard fences, walls or hedges shall not exceed a height of three and one-half feet.

All fences located within the legs of a vision clearance area at street and alley intersections shall not exceed three and one-half feet in height from the adjacent curb elevation and shall be constructed of a material which is non-sight-obscuring.

Side yard fences located within 15 feet of a front property line shall not exceed three and one-half feet in height. All other side or rear yard fences, walls or hedges in residential zones, shall not exceed seven feet in height without approval of a variance. All other side or rear yard fences, walls, or hedges in commercial and industrial zones shall not exceed nine feet in height without approval of a variance.

Fences shall not be constructed of or contain any material which could cause bodily harm such as barbed wire, broken glass, spikes, or any other hazardous or dangerous materials. Barbed wire fences shall not be constructed or maintained, nor shall barbed wire be allowed to remain as part of a fence along a sidewalk or public way. No electric fences shall be installed, maintained, or operated in any residential or commercial zone or adjacent to any sidewalk or public way.

The height of a fence adjoining a street shall be determined by measuring the vertical distances from the sidewalk to the highest part of the fence. If no sidewalk exists, the height of the fence shall be determined by measuring the vertical distance from the curb to the highest part of the finished shoulder grade of the right-of-way or from the finished grade of the property along the fence. (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 § 96.127.)

No lot or parcel shall be divided or reduced in area in such a way as to violate the minimum area and width requirements of a zone in which the lot or parcel is located. No nonconforming lot of record shall be divided or reduced in area in such a way as to violate further the area and width requirements of the zone in which the lot or parcel is located. (Code 1983 § 96.205.)

No portion of a lot or parcel necessary to provide the lot area or density of dwelling units required by the zone or plan designation in which that lot or parcel is located shall be divided or reduced in area. No yard, landscaped area, open space, or common area required by this title shall be reduced in area or divided from the lot or parcel for which it is required. (Code 1983 § 96.210.)

No yard, landscaped area, open space, or common area required for a lot or a main building shall be counted as meeting the yard, open space, or area requirements of another lot or building. (Code 1983 § 96.215.)

Every required front, side, and rear yard shall be open and unobstructed by buildings or structures from the ground to the sky except for those projections and accessory structures permitted by this title. (Amended by Ord. 1281, August 3, 2010. Code 1983 § 96.220.)

Parking in required yard areas is permitted in certain cases depending upon the zoning of both the subject property and the zoning of adjacent property, and subject to the provisions of Chapter 18.130 MCC, Parking. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.225.)

(1) Every building in a zone permitting residential uses shall be set back from the front lot line at least 15 feet, except for the Main Street district and mixed density residential zones.

(2) The average setback shall be found by measuring the distance from the front lot line to the closest part of the foundation for all dwellings which are within 200 feet of the subject property and which adjoin the same side of the street as that abutting the subject property. Buildings closer than 10 feet or farther than 20 feet from the front lot line shall not be counted in determining average setback.

(3) When other sections of this title or any other ordinance require a greater setback than is specified in this section, the greater setback shall apply. (Code 1983 § 96.230.)

The following projections and structures may project or extend into a required front yard:

(1) Planter boxes;

(2) Chimneys and flues;

(3) Steps;

(4) Cornices;

(5) Eaves;

(6) Gutters;

(7) Belt courses;

(8) Headers;

(9) Sills;

(10) Pilasters;

(11) Lintels;

(12) Other ornamental features not extending more than two inches from the main building;

(13) Uncovered porches;

(14) Covered but unenclosed porches not more than 15 feet above grade and the floors of which are not more than four feet above grade.

In no case shall any of the above projections or structures come closer than 10 feet from the front lot line. (Code 1983 § 96.235.)

(1) Cornices, eaves, gutters, and fire escapes may project into a required side yard not more than one-half of the width of the side yard or more than three feet, whichever is less.

(2) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, and ornamental features may project not more than one and one-half feet into a required side yard.

(3) Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the side yard property line provided they are less than two feet in height from ground level. (Code 1983 § 96.240.)

(1) Cornices, eaves, gutters, fire escapes, outside stairways or other unenclosed, unroofed projections may extend into a required rear yard a maximum distance of five feet.

(2) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, gutters, and other ornamental features may project not more than one and one-half feet into a required rear yard.

(3) Uncovered patios, porches, and decks attached to the main building and having a height of two feet or less may extend to the rear property line. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.245.)

Towers, chimneys, steeples, electronic communication antennas, and similar projections from the roof of a main building may exceed the height requirements of the zone in which they are located. Such projections shall not contain any habitable space and shall not exceed a total height above-ground of 50 feet in any residential zone, or 85 feet in another zone. (Code 1983 § 96.250.)

Vision clearance shall be provided as follows at the end of this section.

There shall be no sight obstruction in any zone (except commercial retail) between two and one-half and eight feet above street grade within the triangular vision clearance area of any lot at the intersection of two streets or public ways.

Two sides of this triangle are curb lines at pavement measured back from that intersection as follows:

The vision clearances described above shall be considered minimum standards applicable to level, right angle intersections for local streets. For other intersections where a vision hazard is believed to exist, the City Council, Planning Commission, or City Manager may order that an investigation be done by the Police Department and/or Department of Public Works. In conducting such investigations, the standards of the American Association of State Highway and Transportation Officials (AASHTO) may be relied upon in determining whether or not a hazard exists, and the Council may order the removal of the hazard by and at the expense of the property owner involved.

Traffic control signs, utility poles, tree trunks less than 12 inches in diameter, and signs erected for public safety shall be excepted from these provisions. (Code 1983 § 96.255.)

This chapter shall be known as the Monmouth landscaping and street tree ordinance. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.305.)

Monmouth recognizes the aesthetic and economic value of landscaping and encourages its use to maintain a pleasant community character. Monmouth values its existing trees and wishes to both protect and retain them. The purpose of this chapter is to promote attractive street views and pleasing commercial frontages; to shade and soften the visual impact of parking lots; to require that trees be protected and retained and, if not possible, to be replaced with similar or appropriate trees; and to establish regulations for the planting, maintenance, removal and replacement of plant materials in the public rights-of-way, and in multifamily, commercial, industrial, and subdivision developments. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.310.)

All construction, expansion or redevelopment of structures or parking lots for commercial, multifamily, or industrial uses shall be subject to the landscaping requirements of this chapter. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.312.)

In addition to the definitions set forth in MCC 18.45.010, for the purposes of carrying out the intent and purposes of this chapter, words, phrases and terms, as used herein, shall be deemed to have the meaning ascribed to them in this section. To the extent that the definition of a word or phrase in this section differs from the definition of the same or a similar word or phrase in MCC 18.45.010, the definition set forth in this section shall control for the purpose of carrying out and applying the terms and provisions of this chapter.

“Caliper” means the diameter of the tree trunk measured five inches above the base of the tree.

“Ground cover” means low-growing vegetation, excluding grass, which covers the ground in a solid mat.

“Heritage tree” means any tree designated as such by the City Council as provided under MCC 18.155.050.

Multifamily Development. As used in this chapter, “multifamily developments” are those residential uses subject to the site plan review requirements of MCC 18.10.110.

“Noxious weed” means any plant classified by the Oregon State Weed Board that is injurious to public health, agriculture, recreation, wildlife, or any public or private property.

“Park strip” means a portion of street right-of-way that is located between the curb and the sidewalk.

“Plant materials” means trees, shrubs and perennials.

“Remove” or “removal” means the act of eliminating, moving, or taking away any tree from its present location.

“Right-of-way” means the area between a street, or public easement, and private property.

“Severely prune” means to top a tree, or to remove more than 20 percent of the canopy within one year.

“Significant tree” means a particularly impressive or unusual example of a healthy tree defined by size, shape, age or other special species characteristic such as:

(a) Healthy trees over 50 feet in height; or

(b) A group of 12-inch or greater caliper stand of evergreen or non-fruit-bearing, hardwood trees; or

(c) Rare or endangered species, unusual specimens or mature tree species not normally found in this geographic location.

“Street tree” means a tree or substantial shrub on land lying within a right-of-way.

“Topping” means the severe cutting back of limbs within the tree’s crown so as to remove the normal canopy and to disfigure the tree.

“Tree” means any self-supporting woody perennial that matures at a height of greater than six feet.

“Xeriscaping” means a method of landscape design that minimizes water use. Plants whose natural requirements are appropriate to the local climate are emphasized, and care is taken to avoid losing water to evaporation and run-off. The specific plants used in xeriscaping depend upon the climate. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.315.)

The regulations set forth herein are intended to apply in addition to and not in lieu of any other applicable regulations, including, but not limited to, Chapter 12.20 MCC, Trees Within Rights-of-Way. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.320.)

Landscaped areas may include landscaping: around buildings; in open spaces and outdoor recreation areas; in islands and perimeter planting areas in parking and loading areas; and in areas devoted to buffering and screening as required in this section and elsewhere in this chapter. The following area requirements shall be the minimum areas devoted to landscaping:

(1) Multifamily Developments. In the medium density residential and high density residential zones, a minimum of 15 percent of the gross land area shall be devoted to landscaping in multifamily developments. Interior courtyards, atriums, solar greenhouses, roof gardens and storm drainage retention areas may be included with general landscaped areas in the calculation of this percentage.

(2) Commercial Developments. In all commercial zones, except the Main Street district, a minimum of 10 percent of the gross land area shall be devoted to landscaping in commercial developments.

(3) Industrial Developments. In all industrial zones, a minimum of 10 percent of the gross land area shall be devoted to landscaping in industrial developments.

(4) For expansion of existing developments and parking lots, the required landscape minimum percentage shall be maintained. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.322.)

The following regulations shall apply to all required landscaping:

(1) All required landscaping shall be installed prior to occupancy of a development unless arrangements are made with the City Manager to complete the landscaping at a later date, in which case a bond, or other form of security acceptable to the City Manager, in an amount sufficient to insure completion of the landscaping is required.

(2) Where landscaping or the preservation of existing trees is required, the property owner, or, in the case of street trees, the owner of the adjacent property, shall maintain the landscaping and/or trees during the normal life of the plant materials. Topping or severely pruning trees shall not occur. Only dead, damaged or diseased plant materials shall be removed and shall be replaced as soon as reasonably possible with aesthetically appropriate plant materials.

(3) Existing Plant Materials. Heritage trees, as designated under MCC 18.155.050, and significant trees, as defined by this chapter, shall be preserved and shall be integrated into the landscape plan when a plan is required. Tree preservation priority shall be given to heritage and significant trees and trees located within, or adjacent to, sensitive natural areas, designated wetlands, floodplains, and well head protection areas. Only healthy trees which are appropriate for the site at their mature size must be preserved. Removal of heritage trees shall be as provided under MCC 18.155.100.

(4) Protection from Construction. Excavations, driveways, and general construction activities shall not occur within six feet of any tree required to be preserved or within 80 percent of the distance between the drip line and trunk of the tree, whichever is greater. Construction plans for property adjacent to significant plant materials including heritage and significant trees must be approved in advance by the City Planner.

(5) Noxious weeds as listed by the Oregon State Weed Board shall be removed during site development.

(6) Xeriscaping may be used as a landscaping option. All xeriscaping plans shall be prepared by a licensed landscape professional. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.325.)

(1) Site plans for all commercial, industrial and multifamily developments shall include a landscape plan, to be reviewed under the provisions of MCC 18.10.110, Site plan review. The landscape plan shall include a detailed planting plan, the location, size and variety of all proposed and existing plant materials, ground cover and lawn areas and the method of irrigating the landscaped areas.

(2) Landscaping shall be irrigated, either with a manual or automatic system to sustain viable plant life. A xeriscaping landscape plan using drought-tolerant plantings may be submitted.

(3) Landscaping with plant materials, lawn and/or ground cover is required in the setback/yard area. Gravel and/or bark mulch may be used for traveled surfaces such as paths and to mulch around the base of individual plant materials. Spacing of the plant materials, ground cover and/or lawn shall be appropriate to the species and the purpose for the planting.

(4) Landscape Contractor Required. All landscaping installations shall be done by a landscape contractor licensed by the State of Oregon. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 96.330.)

Residential subdivisions shall submit, as part of the tentative subdivision plan application, a landscape plan delineating the type and placement of all street trees. For all new subdivisions, trees shall be planted in designated park strips. Where there is no designated park strip, street trees shall be planted in yard areas adjacent to the street. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.335.)

Tree plantings in accordance with this section are required for all landscape areas, including, but not limited to, parking lots for 10 or more cars and public street frontages.

(1) Street Trees.

(a) Acceptable Trees. Street trees in designated park strips may be planted by the abutting property owner, after obtaining the consent of the City Manager as required by MCC 18.145.070, provided the species is on the list of acceptable species set forth in MCC 18.145.120 and meets all other requirements of this chapter. Street trees under utility wires shall be of a species designated as appropriate in MCC 18.145.120 whose size and growth habit will not interfere with the overhead utility lines. Street trees shall have a minimum of a two-inch trunk caliper and shall be typical of the species, be healthy nursery stock, be free of pests and diseases and be of similar species to existing trees in the area.

(b) Planting Requirements. Street trees shall be planted a maximum of 30 to 50 feet apart based upon the species size as shown in MCC 18.145.120. Trees shall be planted in the appropriate park strip width, subject to limitations regarding planting under power lines as shown in MCC 18.145.120.

(c) Planting, maintenance, and removal of street trees shall comply with all requirements of Chapter 12.20 MCC, Trees Within Rights-of-Way.

(2) Parking Lot Trees. The intent of requiring parking lot trees is to provide a canopy effect to shade and soften the visual impact of the parking lot. Parking lots which provide 10 or more parking places shall have trees in planters at the rate of one tree for every seven parking spaces. The planters shall be a minimum of three feet by three feet and shall be protected by either curbs or tire stops. At the end of each parking aisle and in nonparking areas (excluding traffic aisles) there shall be curbed planters, landscaped with appropriate plant materials.

(3) Areas Where Trees May Not Be Planted. Unless approved otherwise by the City Manager, trees may not be planted:

(a) Within 25 feet of a street corner;

(b) Within 10 feet of fire hydrants and utility poles;

(c) Within 20 feet of street light standards;

(d) Within a 10-foot triangular visual clearance area of a street intersection, driveway or alley;

(e) Within four feet from an existing curb face, except where required for street trees;

(f) Within 10 feet from a water valve, transformer or other above-ground facility of an underground utility;

(g) Within 10 feet of a public sanitary sewer, storm drainage, or water line; or

(h) Where the City Manager determines the trees may be a hazard to the public interest or general welfare. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 96.340.)

(1) Buffer plantings are used to reduce apparent building scale, provide a transition between contrasting architectural styles, and generally mitigate incompatible or undesirable views and are used to soften rather than block viewing. Where required, a mix of plant materials shall be used to achieve the desired buffering effect. At a minimum, this mix shall consist of trees, shrubs, and ground cover, and may also consist of existing vegetation, such as natural areas that will be preserved.

(2) Buffering is required for parking areas containing 10 or more spaces, loading areas, and vehicle maneuvering areas. A minimum five-foot-wide perimeter landscaping buffer shall be provided around parking areas to buffer these uses from adjacent properties and the public right-of-way.

Where parking abuts this perimeter landscape buffer, either parking stops shall be used, or planters shall be increased in width by two and one-half feet. On-site plantings shall be used between parking spaces, as well as between parking bays and vehicle maneuvering areas. Low-lying ground cover and shrubs, balanced with vertical shrubs and trees, shall be used to buffer the view of these facilities. Decorative walls and fences may be used in conjunction with plantings but may not be used alone to comply with buffering requirements.

(3) Screening is required where unsightly views or visual conflicts must be obscured or blocked and/or where privacy and security are desired. Fences and walls used for screening may be constructed of wood, concrete, stone, brick, wrought iron, or other commonly used fencing/wall materials. Acoustically designed fences and walls shall also be used where noise pollution requires mitigation. A chain link fence with slats shall qualify for screening only if a landscape buffer is provided in compliance with this section.

(4) Where landscaping is required for screening and/or buffering, the plant materials shall be at least six feet in height and 80 percent opaque within two growing seasons.

(5) The requirements of MCC 18.145.100(2) and this section shall pertain only to new parking lots.

(6) Refuse Containers or Areas. Any refuse container or disposal area, which would be visible from a public street or right-of-way, shall be screened from view by placement of a solid screen (e.g., wood fence, masonry, or stone wall) not less than five feet in height. Fences shall not exceed seven feet in height. All refuse material shall be contained within the screened area.

(7) Outdoor Swimming Pools. All swimming pools having a depth of two feet or more shall be enclosed by a fence, preventing passage, having a minimum height of four feet. Fences shall have a self-latching gate.

(8) Compliance. The requirements stated in subsection (6) of this section, Refuse Containers or Areas, and subsection (7) of this section, Outdoor Swimming Pools, shall apply to existing refuse containers and areas and to existing outdoor swimming pools.

(9) In applying these screening and buffering standards the Planning Commission shall be guided by the need to protect the public and adjacent land uses from objectionable noise, dust, odors, erosion, heat, glare, unsafe, or unsanitary conditions. All required screening and buffering shall comply with this section pertaining to view obstructions.

(10) The requirements for screening/buffering parking and refuse areas shall not apply to single-detached, duplex, triplex, or townhome residential uses. The requirements for screening and protecting swimming pools shall apply to all outdoor swimming pools whether public or private in any land use zone within the City. (Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.342.)

(Amended by Ord. 1305, § 1 (Exh. A), November 6, 2012; Ord. 1387, § 1 (Exh. A), November 19, 2019. Code 1983 § 96.345.)

The purpose of this chapter is to provide standards and requirements for transportation improvements and to ensure that such improvements are consistent with the Monmouth Transportation System Plan and Oregon’s Transportation Planning Rule (TPR) (Oregon Administrative Rules (OAR) Chapter 660, Division 12). (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.405.)

(1) The location, width, and grade of streets, bikeways and pedestrian facilities shall be considered in their relation to existing and planned streets, bikeways and pedestrian facilities, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets. All streets, bikeways, and pedestrian facilities shall connect to other such facilities within the development and to existing and planned streets, bikeways, and pedestrian facilities outside the development. Where location is not shown in the Monmouth Transportation System Plan or another development plan, the arrangement of streets in a subdivision shall either:

(a) Provide for the continuation or appropriate projection of existing and planned streets, bikeways and pedestrian facilities in surrounding areas; or

(b) Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets, bikeways and pedestrian facilities impractical.

(2) Widths of street rights-of-way and paving design for streets shall be not less than those set forth in the table below, except as follows:

(a) A minor variance has been approved pursuant to MCC 18.20.030(7); or

(b) For a street abutting land not in the subdivision or partition area, a lesser width may be allowed as a variance where the applicant presents a satisfactory plan as to when such street will be expanded to the required width.

(3) The width of street rights-of-way provided in the table in subsection (5) of this section shall be the minimum widths of rights-of-way for streets existing along and adjacent to any boundary of the subdivision or partition which is the natural or planned continuation of the alignment of the existing or proposed streets, and the applicant shall dedicate additional rights-of-way, as determined by the Public Works Director in accordance with such table, for any such adjacent street, proposed for access to the subdivision, where the existing width of rights-of-way for such street is less than the minimum in said table. Off-site improvements, such as pavement construction or reconstruction of existing street(s) proposed for access to the subdivision, which are inadequate or in failing condition, may be required. Off-site transportation improvements will include bicycle and pedestrian improvements, as identified in the adopted City of Monmouth Transportation System Plan.

(4) The standard cross-section for local streets includes on-street parking on both sides of the street, with a total paved cross-section of 36 feet. The Public Works Director will permit development of a local street with a paved cross-section of 28 feet, as a local street alternative design as shown in Table 7-2, if it can be shown that the traffic volume is not anticipated to meet or exceed 400 vehicles per day (average daily link volume) and where the street design limits parking to one side of the street only.

(5) Street Standards.

(6) Slope Easements. Slope easements shall be dedicated in accordance with the specifications adopted by the City Council.

(7) Reserve Strips or Block. The Planning Commission may require the land divider to create a reserve block controlling the access to a street, said block to be placed under the jurisdiction of the City Council:

(a) To prevent access to abutting land at the end of a street and to ensure the proper extension of the street pattern and the orderly development of land lying beyond the street.

(b) To prevent access to the side of a street on the side where additional width is required to meet the right-of-way standards provided in the above table.

(c) To prevent access to land abutting a street of the partition or subdivision, but not within the partition or subdivision itself.

(d) To prevent access to land unsuitable for building development.

(8) Alignment. As far as is practical, streets shall be in alignment with existing streets by continuations of the centerlines thereof. Staggered street alignment resulting in “T” intersections shall, wherever practical, leave a minimum distance of 200 feet between the center lines of streets having approximately the same direction and otherwise shall not be less than 125 feet.

(9) Future Extension of Streets. Where the subdivision or partition is adjacent to developable land larger than two acres in size with a frontage of more than 200 feet, streets, bikeways and pedestrian facilities shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turnaround. Reserve strips or blocks may be required to preserve the objectives of street extensions. For purposes of this section, “developable land” is land that is vacant or underutilized and can be serviced with water and sewer.

(10) Intersections of Streets.

(a) Angles. Streets shall intersect one another at right angles as is practicable considering topography of the area and previous adjacent layout. Where not practicable, the right-of-way and street paving within the acute angle shall have a minimum of 30 feet centerline radius where such angle is not less than 60 degrees. In the case of streets intersecting at an angle of less than 60 degrees, then of such minimum as the Public Works Director designee may determine in accordance with the purpose of MCC 17.05.020.

(b) Offsets. Intersections shall be so designed that no offset dangerous to the traveling public is created as a result of staggering of intersections; and in no case shall there be an offset of less than 125 feet centerline to centerline.

(11) Topography. The layout of streets shall give suitable recognition to surrounding topographical conditions in accordance with the purpose of MCC 17.05.020.

(12) Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision.

(13) Half Streets. Half streets, while generally not acceptable, may be approved if at least 33 feet wide, where essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is platted within such tract, reserve strips and street plugs may be required to preserve the objectives of half streets.

(14) Cul-de-sac. There shall be no cul-de-sacs more than 200 feet long or serving more than 20 single-family dwellings. Each cul-de-sac shall have a circular end with a minimum diameter of right-of-way width and paving as shown in the table in subsection (5) of this section. The use of cul-de-sacs shall be discouraged and may only be approved upon a showing by the applicant of unusual or unique circumstances justifying the cul-de-sac. For purposes of this section, “unusual or unique circumstances” exist when one of the following conditions prevents a required street connection:

(a) Slopes are equal to or greater than 12 percent;

(b) A wetland or other water body is present that cannot be bridged or crossed; or

(c) Existing development on adjacent property prevents a street connection.

(15) Street Names. Streets that are in alignment with existing named streets shall bear the names of such existing streets. Names for streets that are not in alignment with existing streets are subject to approval by the Planning Commission and shall not unnecessarily duplicate or resemble the name of any existing or platted street in the City.

(16) Grades and Curves. Grades shall not exceed six percent on arterials, 10 percent on collector streets, or 12 percent on all other streets. Centerline radii on curves shall not be less than 300 feet on arterials or 230 feet on all other streets and shall be to an even 10 feet. Where existing conditions, particularly the topography, made it otherwise impractical to provide buildable lots, the Planning Commission may accept steeper grades and sharper curves. In flat areas, allowance shall be made for finished street grades having a minimum slope, preferably, or at least 0.33 percent.

(17) Streets Adjacent to Railroad Rights-of-Way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be determined with due consideration at cross streets of the minimum distance required for approach grades to a future grade separation and to provide sufficient depth to allow screen planting along the railroad right-of-way.

(18) Marginal Access Streets. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(19) Alleys. Alleys shall be provided in commercial and industrial districts, unless other provisions for access to off-street parking and loading facilities are approved by the Planning Commission. The corner of alley intersections shall have a radius of not less than 12 feet.

(a) Dedication. The Planning Commission may require adequate and proper alleys to be dedicated to the public by the land divider of such design and in such location as necessary to provide for the access needs of the subdivision or partition in accordance with the purpose of MCC 17.05.020.

(b) Width. Width of right-of-way and paving design for alleys shall be not less than 20 feet. Slope easements shall be dedicated in accordance with specifications adopted by the City Council.

(c) Corner Cut-Offs. Where two alleys intersect, 10-foot corner cut-offs shall be provided.

(d) Grades and Curves. Grades shall not exceed 12 percent on alleys, and centerline radii on curves shall be not less than 100 feet.

(e) Other Requirements. All provisions and requirements with respect to streets in MCC Title 17 shall apply to alleys the same in all respects as if the word “street” or “streets” therein appeared as the word “alley” or “alleys,” respectively.

(20) Access Management. New access to arterials and collectors shall be limited. Shared or consolidated access shall be required for development or land divisions adjacent to these facilities, pursuant to this section, unless demonstrated to be unfeasible.

(a) Access control standards apply to public, industrial, commercial and residential developments including land divisions. Access shall be managed to maintain an adequate level of service and to maintain the functional classification of roadways as required by the City of Monmouth Transportation System Plan. Major roadways, including arterials and collectors, serve as the primary system for moving people and goods within and through the City. Access management is a primary concern on these roads. Local streets and alleys provide access to individual properties. If vehicular access and circulation are not properly designed, these roadways will be unable to accommodate the needs of development and serve their transportation function.

(b) Traffic Impact Analysis Requirements. The City or other agency with access jurisdiction may require a traffic study prepared by a qualified professional to determine access, circulation and other transportation requirements. (See also MCC 18.150.030, Traffic impact analysis standards.)

(c) The City or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public street.

(d) Access Options. When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities, etc.), access shall be provided by one of the following methods (planned access shall be consistent with adopted public works standards for road construction). These methods are “options” to the developer/subdivider.

(i) Option 1. Access is from an existing or proposed alley or mid-block lane. If a property has access to an alley or lane, direct access to a public street is not permitted.

(ii) Option 2. Access is from a private street or driveway connected to an adjoining property that has direct access to a public street (i.e., “shared driveway”). A public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the private street/drive.

(iii) Option 3. Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards in subsection (20)(e) of this section.

(e) Access Spacing and Driveway Width. All proposed development shall have access to a public right-of-way. Spacing and driveway width requirements for access points and intersections on arterials and collector streets shall be as shown in the following three tables:

(f) The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent roadway or driveway.

(g) Projects proposed on arterials shall include a frontage or service road and shall take access from the frontage road rather than the arterial. Frontage road design shall conform to ODOT standards. This access requirement may be met through the use of interconnecting parking lots that abut the arterial.

(h) Alternative Designs. Where unique site characteristics, such as natural features or spacing of existing driveways and roadways, cause the local (nonhighway) access requirements to be physically unfeasible, alternate designs may be approved.

(i) Subdivisions Fronting onto an Arterial Street. New residential land divisions fronting onto an arterial street shall be required to provide alleys or secondary (local or collector) streets for access to individual lots. When alleys or secondary streets cannot be constructed due to topographic or other physical constraints, access may be provided by consolidating driveways for clusters of two or more lots (e.g., includes flag lots and mid-block lanes).

(j) Double-Frontage Lots. When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification. For example, access shall be provided from a local street before a collector or arterial street.

(k) Number of Access Points. For single-family (detached and attached), two-family, and three-family housing types, one street access point is permitted per lot, when alley access cannot otherwise be provided; except that two access points may be permitted for two-family and three-family housing on corner lots (i.e., no more than one access per street), subject to the access spacing standards in subsection (20)(e) of this section. The number of street access points for multiple-family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared access may be required, in conformance with subsection (20)(l) of this section, in order to maintain the required access spacing and minimize the number of access points.

(l) Shared Driveways. The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The City shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:

(i) Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. “Stub” means that a driveway or street temporarily ends at the property line, but may be extended in the future, as the adjacent parcel develops. “Developable” means that a parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential).

(ii) Access easements (i.e., for the benefit of affected properties) shall be recorded for all shared driveways, including pathways, at the time of final plat approval or as a condition of site development approval.

(iii) Exception. Shared driveways are not required when existing development patterns or physical constraints (e.g., topography, parcel configuration, and similar conditions) prevent extending the street/driveway in the future.

(21) Bicycle Requirements. Bike lanes shall be provided during the construction, reconstruction, or relocation of arterial and collector streets. Design and construction of bikeways or other public paths shall conform to the requirements of the American Association of State Highway and Transportation Officials (AASHTO) as revised and adopted in the “Oregon Bicycle and Pedestrian Plan.”

(22) Pedestrian Requirements.

(a) Sidewalks shall be constructed along all arterial, collector, and local streets.

(b) The design and construction of sidewalks and other public paths shall conform to the requirements of the “Oregon Bicycle and Pedestrian Plan,” Americans with Disabilities Act (ADA) requirements, and City of Monmouth standards.

(23) Accessways or Multi-Use Paths. Where required:

(a) Accessways or multi-use paths shall be located to provide a reasonably direct connection between likely pedestrian and cyclist destinations. A reasonably direct connection is a route which minimizes out-of-direction travel for most of the people likely to use the multi-use path considering terrain, safety, and likely destinations.

(b) The design and construction of accessways shall conform to the requirements of the “Oregon Bicycle and Pedestrian Plan,” ADA requirements, and City of Monmouth standards.

(24) Lighting. Illumination of all sidewalks and bicycle paths will be provided in conjunction with all new development. Adequacy of the lighting plan will be consistent with AASHTO standards and approved by the Public Works Director. (Amended by Ord. 1352, § 1 (Exh. A), December 2, 2014; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 96.410.)

(1) Purpose. The purpose of this section of the code is to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the City to adopt a process to apply conditions to development proposals in order to minimize adverse impacts to and protect transportation facilities. This section establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with a land use or development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact analysis; and who is qualified to prepare the analysis.

(2) Typical Average Daily Trips. The Trip Generation Manual, Ninth Edition, published by the Institute of Transportation Engineers (ITE), shall be used as the standard by which to gauge average daily vehicle trips.

(3) When Required. A traffic impact analysis may be required by the Public Works Director with a land use or development application when the application involves one or more of the following actions:

(a) A change in zoning or a Comprehensive Plan Map designation;

(b) Any proposed development or land use action that ODOT states may have operational or safety concerns along a State highway; or

(c) The development will cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers Trip Generation Manual, and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(i) An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the Public Works Director); or

(ii) An increase in site traffic volume generation of 25 or more peak-hour trips; or

(iii) An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day; or

(iv) The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate, creating a safety hazard; or

(v) The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(vi) A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or a local arterial or collector, or traffic crashes in the approach area.

(4) Traffic Impact Analysis Requirements.

(a) Preparation. A traffic impact analysis shall be prepared by a professional engineer. The City shall commission the traffic analysis and it will be paid for by the applicant.

(b) Transportation Planning Rule Compliance. See MCC 18.150.040, Transportation planning rule compliance.

(c) Preapplication Conference. The applicant will meet with the Public Works Director prior to submitting an application that requires a traffic impact analysis. This meeting will determine the required elements of the TIA and the level of analysis expected.

(5) Approval Criteria. When a traffic impact analysis is required, approval of the development proposal requires satisfaction of the following criteria:

(a) The traffic impact analysis must be prepared by a professional engineer; and

(b) If the proposed development will cause one or more of the effects in subsection (3)(c) of this section, or other traffic hazard or negative impact to a transportation facility, the traffic impact analysis must include mitigation measures that meet the City’s level of service and are satisfactory to the Public Works Director, and ODOT, when applicable; and

(c) The proposed site design and traffic and circulation design and facilities, for all transportation modes, including any mitigation measures, must be designed to:

(i) Have the least negative impact on all applicable transportation facilities;

(ii) Accommodate and encourage non-motor vehicular modes of transportation to the extent practicable;

(iii) Make the most efficient use of land and public facilities as practicable;

(iv) Provide the most direct, safe and convenient routes practicable between on-site destinations, and between on-site and off-site destinations; and

(v) Otherwise comply with applicable requirements of the City of Monmouth Zoning Ordinance.

(6) Study Area. The study area for the TIA shall include, at a minimum, all site-access points and intersections (signalized and unsignalized) adjacent to the proposed site. If the proposed site fronts an arterial or collector street, the study shall include all intersections along the site frontage and within the access spacing distances extending out from the boundary of the site frontage. Beyond the minimum study area, the transportation impact analysis shall evaluate all intersections that receive site-generated trips that comprise at least 10 percent or more of the total intersection volume. In addition to these requirements, the Public Works Director (or his/her designee) shall determine any additional intersections or roadway links that might be adversely affected as a result of the proposed development. The applicant and the Public Works Director (or his/her designee) must agree on these intersections prior to the start of the transportation impact analysis.

(7) Conditions of Approval. As part of every land use action, the City of Monmouth, Polk County (if access to a County roadway is proposed), and ODOT (if access to a State roadway is proposed) may identify conditions of approval needed to meet operations and safety standards and provide the necessary right-of-way and improvements to develop the future planned transportation system. The City may deny, approve, or approve the proposal with appropriate conditions. Conditions of approval that should be evaluated as part of subdivision and site plan reviews include:

(a) Crossover easement agreements for all adjoining parcels to facilitate future access between parcels.

(b) Conditional access permits for new developments, which have proposed access points that do not meet the designated access spacing policy and/or have the ability to align with opposing access driveways.

(c) Right-of-way dedications for future planned roadway improvements.

(d) Half-street improvements along site frontages that do not have full-buildout improvements in place at the time of development. (Amended by Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 96.415.)

(1) Review of Applications for Effect on Transportation Facilities. When a land use or development application, whether initiated by the City or by a private interest, includes a proposed Comprehensive Plan amendment, zone change, or land use regulation change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule – “TPR”). “Significant” means the proposal would:

(a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan);

(b) Change standards implementing a functional classification system; or

(c) As measured at the end of the planning period identified in the adopted transportation system plan:

(i) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;

(ii) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or Comprehensive Plan; or

(iii) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or Comprehensive Plan.

(2) Amendments That Affect Transportation Facilities. Amendments to the Comprehensive Plan, zoning, and land use regulations that significantly affect a transportation facility shall ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one or a combination of the following:

(a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility.

(b) Amending the TSP or Comprehensive Plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of Section 660-012-0060 of the TPR.

(c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation.

(d) Amending the TSP to modify the planned function, capacity, or performance standards of the transportation facility.

(3) Traffic Impact Analysis. A traffic impact analysis may be required by the Public Works Director for a Comprehensive Plan amendment or change in zoning designation. (See MCC 18.150.030, Traffic impact analysis standards.) (Code 1983 § 96.420.)

(1) Construction, reconstruction, or widening of highways, roads, bridges or other transportation facilities that are either not designated in the adopted City of Monmouth Transportation System Plan (“TSP”) or not designed and constructed as part of an approved, active, development order are allowed in all zoning districts subject to the conditional use provisions of the Zoning Ordinance and satisfaction of all of the following criteria:

(a) The project and its design are consistent with Monmouth’s adopted TSP and consistent with the State Transportation Planning Rule, OAR 660-012-0060 (“the TPR”).

(b) The project design is compatible with abutting land uses in regard to noise generation and public safety and is consistent with the applicable zoning and development standards and criteria for the abutting properties.

(c) The project design minimizes environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities, and a site with fewer environmental impacts is not reasonably available.

(d) The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

(e) The project includes provisions for bicycle and pedestrian access and circulation consistent with the Comprehensive Plan, the requirements of this title, and the TSP.

(2) State Transportation System Facility or Improvement Projects. The Oregon Department of Transportation (“ODOT”) shall provide a narrative statement with the application demonstrating compliance with all of the criteria and standards in subsections (1)(a) through (e) of this section. Where applicable, an environmental impact statement or environmental assessment may be used to address one or more of these criteria.

(3) Proposal Inconsistent with TSP/TPR. If the City determines that the proposed use or activity or its design is inconsistent with the TSP or TPR, then the applicant shall apply for and obtain a plan and/or zoning amendment prior to or in conjunction with conditional use permit approval. The applicant shall choose one of the following options:

(a) If the City’s determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall withdraw the conditional use application; or

(b) If the City’s determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall withdraw the conditional use permit application, apply for a plan/zone amendment, and reapply for a conditional use permit if and when the amendment is approved; or

(c) If the City’s determination of inconsistency is made prior to a final decision on the conditional use permit application, the applicant shall submit a plan/zoning amendment application for joint review and decision with the conditional use permit application, along with a written waiver of the ORS 227.178 120-day period within which to complete all local reviews and appeals once the application is deemed complete; or

(d) If the City’s determination of inconsistency is part of a final decision on the conditional use permit application, the applicant shall submit a new conditional use permit application, along with a plan/zoning amendment application for joint review and decision, as a condition of approval of the conditional use permit application. (MCC 18.150.010 through 18.150.050 added by Ord. 1275, June 16, 2009; amended by Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 96.425.)

(1) Site Layout and Design. To ensure safe, direct, and convenient pedestrian circulation, all mixed use, commercial, and office developments shall provide a continuous pedestrian system. Multidwelling development that proposes 10 or more units in a single building, or that includes two or more buildings, shall also provide a continuous pedestrian system. The pedestrian system shall be based on the standards in subsections (1)(a) through (c) of this section:

(a) Continuous Walkway System. The pedestrian walkway system shall extend throughout the development site, connect to all future phases of development, and to existing or planned off-site adjacent trails, public parks, and open space areas to the greatest extent practicable. The developer may also be required to connect or stub walkway(s) to adjacent streets and to private property with a previously reserved public access easement for this purpose, in accordance with the provisions of MCC 18.150.020, Transportation improvement standards.

(b) Safe, Direct, and Convenient. Walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:

(i) Reasonably Direct. A route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.

(ii) Safe and Convenient. Routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.

(iii) “Primary entrance” for commercial, mixed use, and office buildings is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance.

(iv) “Primary entrance” for residential buildings is the front door (i.e., facing the street). For multidwelling buildings in which each unit does not have its own exterior entrance, the primary entrance may be a lobby, courtyard, or breezeway which serves as a common entrance for more than one dwelling.

(c) Connections Within Development. Connections within developments shall be provided as required in subsections (1)(c)(i) through (iii) of this section:

(i) Walkways shall connect all building entrances to one another to the extent practicable, as generally shown in Figure 18.150.060-1;

(ii) Walkways shall connect all on-site parking areas, storage areas, recreational facilities, and common areas and shall connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections, as generally shown in Figure 18.150.060-1; and

(iii) Large parking areas shall be broken up so that no contiguous parking area exceeds three acres. Parking areas may be broken up with plazas, large landscape areas with pedestrian accessways (i.e., at least 20 feet total width), streets, or driveways with street-like features. “Street-like features,” for the purpose of this section, means a raised sidewalk of at least four feet in width, six-inch curb, accessible curb ramps, street trees in planter strips or tree wells, and pedestrian-oriented lighting.

Figure 18.150.060-1 Pedestrian Pathway System (Typical)

(2) Walkway Design and Construction. Walkways, including those provided with pedestrian accessways, shall conform to all of the standards in subsections (2)(a) through (d) of this section, as generally illustrated in Figure 18.150.060-2:

Figure 18.150.060-2 Pedestrian Walkway Detail (Typical)

(a) Vehicle/Walkway Separation. Except for crosswalks (subsection (2)(b) of this section), where a walkway abuts a driveway or street it shall be raised six inches and curbed along the edge of the driveway/street. Alternatively, the City may approve a walkway abutting a driveway at the same grade as the driveway if the walkway is protected from all vehicle maneuvering areas. An example of such protection is a row of decorative metal or concrete bollards designed for withstanding a vehicle’s impact, with adequate minimum spacing between them to protect pedestrians.

(b) Crosswalks. Where walkways cross a parking area, driveway, or street (“crosswalk”), they shall be clearly marked with contrasting paving materials (e.g., light-color concrete inlay between asphalt), which may be part of a raised/hump crossing area. Painted or thermoplastic striping and similar types of nonpermanent applications may be approved for crosswalks not exceeding 24 feet in length.

(c) Walkway Width and Surface. Walkway and accessway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, as approved by the Public Works Director, at least six feet wide. Multi-use paths (i.e., for bicycles and pedestrians) shall be concrete or asphalt, at least 10 feet wide.

(d) Accessible Routes. Walkways shall comply with applicable Americans with Disabilities Act (ADA) requirements. The ends of all raised walkways, where the walkway intersects a driveway or street, shall provide ramps that are ADA accessible, and walkways shall provide direct routes to primary building entrances. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

This heritage tree program has been adopted by the City of Monmouth for the purpose of identifying, promoting awareness, maintaining and protecting designated heritage trees located within the City. This program acknowledges that heritage trees, whether located on public or private property, are distinct and unique living resources of our community. It is the intent of this heritage tree program to increase public awareness of heritage trees located in the City, as well as to provide reasonable assurance that Monmouth’s tree heritage will be preserved for future generations. The intent of this program is not to be regulatory or punitive, but rather to heighten public consciousness by informing and educating the public of the benefits that not only heritage trees, but trees in general, provide to the community. (Code 1983 § 96.500.)

The Monmouth heritage tree program has four major goals:

(1) To establish a process of designating heritage trees located on either public or private property.

(2) To encourage proper maintenance, care, and protection of designated heritage trees.

(3) To inform and educate private property owners regarding the botanical resources they possess.

(4) To increase public awareness of the environmental benefit of heritage trees and trees in general. (Code 1983 § 96.505.)

(1) Heritage trees include trees of historical significance, special character, or community benefit, specifically designated by resolution of the City Council. Any tree growing on public or private property within the City limits of the City of Monmouth that meets the following criteria as described below can be considered for heritage tree nomination.

A tree may be considered for heritage tree status if it is in healthy growing condition and meets one or more of the following criteria:

(a) The tree has historical significance in connection with a person, place or event; or

(b) The tree has attained significant size in height, caliper, or canopy spread for its age and species; or

(c) The tree has special aesthetic qualities for its species; or

(d) The tree is prominently visible to the public, along major roads or public places; or

(e) The tree possesses rare horticulture value.

(2) A grove may be considered for heritage grove status if it is in a healthy growing condition and meets one or more of the following criteria:

(a) The grove is relatively mature and is of a rare or unusual nature, containing trees that are distinctive either due to size, shape, species or age; or

(b) The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks; or

(c) The grove has cultural or historical significance associated with a historical figure, property, or significant historical event.

(3) As used in this title, the term “heritage tree” includes trees within a designated heritage grove. (Code 1983 § 96.510.)

The nomination of a tree as a heritage tree or a group of trees as a heritage grove may be submitted by any person on a form provided by the City.

No trees shall be designated as a heritage tree or a heritage grove without the voluntary consent of the owner. No trees located in areas identified in the Monmouth Comprehensive Plan or in adopted master plans as areas for public improvements to road, water, sanitary sewer, or storm sewer systems, or identified as locations for public buildings, shall be nominated. (Code 1983 § 96.515.)

(1) The Tree Advisory Board shall review all requests for heritage tree or heritage grove designations and shall provide a recommendation to the City Council.

(2) The Tree Advisory Board shall review applications for heritage tree or heritage grove designation based on all the following criteria being met:

(a) Conformance with the definition of a heritage tree or heritage grove from MCC 18.155.030;

(b) Condition of the tree with respect to disease, or hazardous or unsafe conditions;

(c) Voluntary agreement of the subject property owner to the tree’s designation as a heritage tree or heritage grove.

(3) In making a recommendation, the Tree Advisory Board may consult with other groups or experts, including, but not limited to, the Historic Buildings and Sites Commission, the Parks and Recreation Board, the Planning Commission, a consulting arborist, or a local extension agent.

(4) The City Council shall designate, by resolution, heritage trees or heritage groves based upon recommendations from the Tree Advisory Board. (Code 1983 § 96.520.)

(1) A plaque furnished by the City stating that an approved tree has been designated as a heritage tree of the City of Monmouth shall be placed in a visible location near each heritage tree. A plaque, furnished by the City of Monmouth, shall be placed in a visible location for each designated heritage grove.

(2) The Community Development Director is responsible for maintaining an inventory of heritage trees.

(3) An annual listing/map of heritage trees shall be provided for Arbor Day activities. (Code 1983 § 96.525.)

(1) If, in the best judgment of the City, a heritage tree, whether standing on public or private property, has become a hazard, an arborist’s report shall be obtained.

The arborist shall evaluate the condition of the tree and recommend a suitable course of action. With the City Manager’s approval, the recommended course of action shall be carried out by the owner of the tree(s).

(2) In cases where a heritage tree has been damaged by a natural disaster or other acts of nature, the City Manager may waive the provisions of this section to the extent that the City may alleviate immediate hazards. (Code 1983 § 96.530.)

(1) The City Council may remove a heritage tree or heritage grove designation upon the recommendation of the Tree Advisory Board. In making a recommendation, the Tree Advisory Board shall consider the following criteria:

(a) If the tree or grove is of poor health, diseased or no longer alive.

(b) If the tree or grove no longer meets the criteria for designation as stated in MCC 18.155.050.

(2) The City Council shall remove a heritage tree or heritage grove designation if the tree or grove is located on private property and the property owner no longer wants the designation. (Code 1983 § 96.535.)

Minor variances to retain heritage trees may be allowed as follows:

(1) The Community Development Director may grant a minor variance to front, side, and/or rear yard setback standards by up to 20 percent to retain one or more heritage trees; provided, that no residential side yard shall be less than five feet. The variance shall be the minimum necessary to accomplish preservation of trees on site and shall not conflict with the Uniform Building Code or other adopted ordinances or conditions placed on the property.

(2) The Community Development Director may grant a 10 percent minor variance to the lot size, lot width, and/or lot depth standards in approving a partition request, if necessary to retain one or more heritage trees.

(3) For subdivision applications, the Planning Commission may grant a 10 percent minor variance to the lot size, lot width, and/or lot depth standards, if necessary to retain one or more heritage trees. (Code 1983 § 96.540.)

No person may remove a heritage tree without approval by the City Council. The City Council may allow removal of a heritage tree, by resolution, upon the recommendation of the Tree Advisory Board. In making a recommendation, the Tree Advisory Board shall consider the following criteria:

(1) Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible in that the development would require special design features that would increase the cost of development by five percent or more or that the development would not be allowed to meet the maximum density allowed by the applicable zoning district and that variances to lot size, lot width, or lot depth provisions of the Zoning Ordinance will not alleviate this hardship.

(2) The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions of the Zoning Ordinance will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties.

(3) The tree is hazardous, diseased, or storm damaged and poses a threat to the health, safety, or welfare of the public.

(4) The tree has lost its importance as a heritage tree due to damage from natural or accidental causes, or is no longer of historic or natural significance.

(5) The tree needs to be removed to accomplish a public purpose and no practical alternative exists. (Code 1983 § 96.545.)

(1) The limb structure, or crown, of a heritage tree may be pruned in any one year; provided, that at least 80 percent of the existing tree crown remains undisturbed. Any person who wishes to prune a heritage tree in excess of 20 percent of the existing crown shall comply with the following requirements:

(a) The protected tree shall be pruned following acceptable arboricultural standards.

(b) The tree shall be pruned in a manner that ensures safety to public and private property, including utilities, and shall be done by a qualified professional.

(2) The City shall maintain all heritage trees located on City property or on public rights-of-way within the City. It shall be the duty of every owner of property upon which a heritage tree is standing to maintain that tree to the best of their ability. The City may give advice and assistance to property owners regarding proper maintenance of heritage trees. (MCC 18.155.010 through 18.155.110 added by Ord. 1285, November 2, 2010. Code 1983 § 96.550.)

For the purpose of promoting the historic, educational, cultural, economic and general welfare of the public through the preservation, restoration and protection of buildings, structures and appurtenances, sites, places, and elements of historic interest within the City of Monmouth. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.005.)

In addition to the definitions set forth in MCC 18.45.010, for the purposes of carrying out the intent and purposes of this chapter, words, phrases and terms, as used herein, shall be deemed to have the meaning ascribed to them in this section. To the extent that the definition of a word or phrase in this section differs from the definition of the same or a similar word or phrase in MCC 18.45.010, the definition set forth in this section shall control for the purpose of carrying out and applying the terms and provisions of this chapter.

“Alteration” shall mean the significant or material addition to, removal of or from, or physical modification or defacing of any exterior part or portion of a historic landmark, identified building or object.

“Archaeological significance” shall mean a site that has potential to yield information significant in prehistory or history.

“Architectural significance” shall mean that the building:

(a) Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

(b) Embodies those distinguishing characteristics of an architectural type or specimen;

(c) Is the work of an architect or master builder whose individual work has influenced the development of the City; or

(d) Contains elements of architectural design, detail materials or craftsmanship which represent a significant innovation.

“Commission” shall mean the Monmouth Historic Commission.

“Cultural significance” shall mean associated with and illustrative of broad patterns of the development of music, literature, civilization, the arts in the community, State or nation.

“Demolish” shall mean to raze, destroy, dismantle, or in any other manner cause ruin of a designated landmark.

“Exterior” shall mean any portion of the outside of a historic landmark.

“Historic alteration permit” shall mean written authority granted by the City for exterior alteration of a historic landmark.

“Historic landmark” shall mean a building, structure, object, or site of historic, architectural, archaeological, or cultural significance as shall be designated by the Commission.

“Historic resource(s)” shall mean a building, site, object or structure of architectural, historic, cultural or archaeological significance.

“Historic significance” shall mean that the building is at least 50 years old and:

(a) Has character, interest or value as part of the development, heritage or cultural characteristics of the City, State or nation;

(b) Is the site of a historic event with an effect upon society;

(c) Is identified with a person or group of persons who had some influence on society; or

(d) Exemplifies the cultural, political, economic, social or historic heritage of the community. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.010.)

(1) Proceedings for designation of a historic landmark within the City may be initiated by the Commission or owner of the property on which the historic landmark is located. Applications for designation shall be upon a form provided by the City and shall be filed with the City Planner. No historic resource shall be designated as a historic landmark without the written consent of the owner, or in the case of multiple ownership, a majority of the owners.

(2) Designation of a historic landmark is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.

(3) A historic landmark may be designated if it meets one of the definitions set forth for archaeological significance, architectural significance, historic resource(s), or historic significance in MCC 18.160.020, and the Commission finds that the historic resource is 70 percent or more architecturally the same or essentially the same as originally constructed. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.015.)

Nothing in this title shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features of a historic landmark which do not involve a material change in design, material or the outward appearance thereof, nor to prevent the construction, reconstruction, alteration or demolition of such feature which the City’s Building Official may certify as required by the public safety, nor exterior painting. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.020.)

(1) No person may significantly or materially alter the exterior of any structure designated as a historic landmark in such a manner as to significantly affect its exterior appearance without issuance of a historic alteration permit. No building or other permit shall be granted for any such purpose until a historic alteration permit has been issued.

(2) Application for a historic alteration permit shall be filed with the City Planner. Upon receipt of an application, the City Planner shall forward a copy to the Building Official. The Planner shall approve a historic alteration permit if the Planner determines that there will be no significant effect to the exterior appearance of the existing building.

(3) If the City Planner determines that there will be a significant effect to the appearance of the building, the Planner shall refer the matter to the Commission for their review as a Type I action procedure as set forth in Chapter 18.10 MCC, Land Use Actions.

(4) An application for a historic alteration permit referred by the Planner shall be considered by the Commission at the Commission’s next regularly scheduled meeting. Failure of the Commission to reach a decision within 60 days from the date the application is filed with the Planner shall result in automatic approval of the application unless the lapse of the 60-day period is caused by the failure or refusal of the applicant to provide requested information to the Planner or the Commission.

(5) The Commission shall, in reviewing an application for a historic alteration permit, consider the following guidelines:

(a) The removal or alteration of any historic material or distinctive architectural feature should be avoided.

(b) Alterations that have no historical basis, or which seek to create an earlier or later appearance inconsistent with the age or type of the structure sought to be altered, should be discouraged.

(c) Changes in a structure which have taken place over time and which have acquired significance in their own right within the meaning of MCC 18.160.020 (“historic significance”) should be protected.

(d) Deteriorated architectural features should be repaired rather than replaced. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

(e) Repair or replacement of missing architectural features should be based on accurate duplication of the feature, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of architectural elements from other structures.

(f) Contemporary design for alterations or additions to existing properties should be discouraged unless such alteration and additions will not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(g) New additions or alterations should be done in such manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(h) Alterations or additions should not significantly alter the character of the site or potential archaeological resource.

(6) A decision by the Commission to approve, approve with conditions, or deny an application for an historic alteration permit shall be based upon the following criteria:

(a) The extent to which the state of repair of the structure creates a need for the alterations. An alteration required because of a defect or deterioration in the structural or environmental systems of the historic resource shall be given greater deference than an alteration for cosmetic purposes;

(b) The cost of complying with the guidelines in subsection (5) of this section as compared to the cost of the alteration as proposed by the applicant shall not cause an undue hardship on the applicant; and

(c) The significance and integrity of the historic resource and the degree of impact of the proposed alteration.

(7) The Commission may attach conditions to the approval of a historic alteration permit in order to mitigate the impact of an alteration on an historic resource. Conditions may address, but shall not be limited to:

(a) Design;

(b) Material;

(c) Location;

(d) Scale;

(e) Size; and

(f) Style.

(8) Nothing in this section prevents the construction, reconstruction, alteration, restoration, demolition, or removal of any exterior architectural feature or any property designated a historic landmark when the Building Official, State Fire Marshall, or the Polk County Fire District No. 1 Fire Chief determines that such emergency action is required for the public safety due to unsafe or dangerous conditions. Prior to such emergency action, the City Planner shall be notified. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.030.)

(1) The Commission or owner of the property on which a historic landmark is situated may initiate proceedings for the withdrawal of a historic landmark designation. Applications for such withdrawal shall be filed with the City Planner.

(2) A Commission-initiated withdrawal of a historic landmark designation is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.

(3) The Commission may withdraw a historic landmark designation if the Commission finds:

(a) The historic landmark no longer meets the definitions set forth for archaeological significance, architectural significance, historic resource(s), or historic significance in MCC 18.160.020;

(b) The historic landmark has been moved or destroyed; or

(c) The original landmark designation was clearly in error.

(4) If the property owner requests that the historic landmark designation be removed, the City Planner shall withdraw the historic landmark designation and notify the Commission of the request. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.040.)

(1) No landmark shall be demolished or destroyed, in whole or in part, except for purposes of archaeological research, without prior approval, given after notice and public hearing, by the Commission.

(2) A request to demolish or destroy a historic landmark is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.

(3) The Commission may approve an application for demolition or destruction of a historic landmark only if the Commission finds:

(a) That such a historic landmark is, by reason of structural or economic obsolescence or decay, no longer reasonably suited for its original class of use, and the historic landmark cannot economically or reasonably be removed to another site for the purpose of preservation; or

(b) The value to the community of the proposed use of the property outweighs the value of retaining the historic landmark.

(4) At the hearing of an application to relocate or demolish a historic landmark, the Commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 120 days from the date of the hearing.

(5) If a historic landmark designation has been removed at the property owner’s request as specified in MCC 18.160.060(4), a demolition permit or building permit to alter the exterior of the building shall not be issued for at least 120 days from the date the property owner requests removal of the historic landmark designation. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.050.)

The purpose of this chapter is to protect and restore water bodies and their associated riparian areas, in order to protect and restore the multiple social and environmental functions and benefits these areas provide individual property owners, communities, and the watershed. This chapter is based on the “safe harbor” approach as defined in OAR 660-23-0090(5) and (8). Specifically, this chapter is intended to protect habitat for fish and other aquatic life, protect habitat for wildlife, protect water quality for human uses and for aquatic life, control erosion and limit sedimentation, and reduce the effects of flooding.

This chapter attempts to meet these goals by excluding structures from areas adjacent to fish-bearing lakes and streams, and their associated wetlands, and by prohibiting vegetation removal or other alterations in those areas.

For cases of hardship, this chapter provides a procedure to reduce the riparian buffer. Alteration of the riparian area in such cases shall be offset by appropriate restoration or mitigation, as stipulated in this chapter. (Ord. 1380 § 4 (Exh. 3), 2018.)

The following definitions shall apply to this chapter, Significant Riparian Corridors:

“Fish use” means streams inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the Federal or State Endangered Species Acts. Fish use is determined by the Monmouth Local Wetland Inventory based on information obtained from Oregon Department of Forestry Stream Classification maps.

“Impervious surface” means any material that reduces and prevents absorption of storm water.

“Lawn” means grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this chapter, lawn is not considered native vegetation regardless of the species used.

“Mitigation” means a means of compensating for impacts to a significant riparian resource or riparian buffer including restoration, creation, or enhancement. Some examples of riparian impact mitigation actions are replanting trees, removal of nuisance plants, and restoring streamside vegetation where it is disturbed or where it has been degraded due to past practices.

“Nonconforming uses” means a structure or use that does not conform to the standards of the underlying zone but has been in continuous existence from prior to the date of adoption of the ordinance codified in this chapter up to the present. Nonconforming uses are not considered violations and are permitted to continue until removed or abandoned. Nonconforming uses are subject to the requirements of MCC 18.05.120.

“Ordinary high water level” shall be regarded as the two-year recurrent flood elevation.

“Riparian area” means the area adjacent to a river, lake, stream, or wetland, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

“Riparian buffer” means a zone within the riparian area where placement of new structures, superficial alteration and disturbance, and vegetation removal are limited or prohibited in order to preserve the environmental and social benefits of the riparian area.

“Riparian corridor” means the Goal 5 resource that includes the water areas, fish habitat, riparian areas, and adjacent wetland and upland areas that serve to protect water quality and the habitat functions of the water body.

“Significant riparian corridor” means the portion of the riparian corridor determined to be a significant natural resource through an inventory conducted in compliance with State Land Use Goal 5 for riparian areas. For purposes of this chapter the significant riparian corridor is identified on the Monmouth Local Wetland Inventory Maps in the Monmouth Comprehensive Plan and incorporated by this reference. The specific location of the resource boundary on a given property is determined by a distance from the top of bank, or from the upland edge of an associated significant wetland, as specified in this chapter.

“Significant wetland” means a wetland mapped on the Monmouth Local Wetlands Inventory which meets the primary criteria of the Oregon Department of State Lands Administrative Rules, OAR Chapter 141, for identifying significant wetlands.

“State and Federal natural resource agency” means Oregon Department of State Lands, Oregon Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S. Department of Agriculture Natural Resources Conservation Service, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. National Oceanic and Atmospheric Administration, and Oregon Department of Environmental Quality.

“Stream” means a channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels. For purposes of this chapter the significant riparian corridor is identified on the Monmouth Local Wetland Inventory Maps in the Monmouth Comprehensive Plan.

“Structure” means a building or other major improvement that is built, constructed or installed, not including minor improvements, such as utility poles, flagpoles, or irrigation system components, that are not customarily regulated through zoning ordinances.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(c) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(d) Any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.

“Top of bank” means the stage or elevation at which water overflows the natural banks of streams or other waters of the State and begins to inundate upland areas. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage or delineate the top of bank.

“Trees” means a woody plant five inches or greater in diameter at breast height and 20 feet or taller at maturity.

“Upland” means any area that does not qualify as waters or wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands.

“Variance” means a grant of relief from the requirements of this chapter, which permits activity in a manner otherwise prohibited by this chapter.

“Wetland” means an area inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Based on the above definition, three major factors characterize a wetland: hydrology, substrate, and biota.

“Wetland boundary” means the edges of a wetland as delineated by a qualified professional. (Ord. 1380 § 4 (Exh. 3), 2018.)

The inventory of riparian corridors contained in the Comprehensive Plan specifies fish-bearing streams and the stream-size category. Based on the classification contained in this inventory, the following significant riparian corridor shall be established:

(1) For the portion of the North Fork and the main stem of Ash Creek as shown on the Monmouth Local Wetland Inventory Maps in the Monmouth Comprehensive Plan, the significant riparian corridor shall extend 50 feet from the top of bank.

(2) Where the riparian corridor includes all or portions of a significant wetland as identified in the Goal 5 element of the Comprehensive Plan, the distance to the significant riparian corridor boundary shall be measured from, and include, the upland edge of the wetland.

(3) Except as provided in subsection (2) of this section, the measurement of distance to the significant riparian corridor boundary shall be from the top of bank. In areas where the top of the bank cannot be clearly determined, the significant riparian corridor boundary shall be measured from the ordinary high water level. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) The permanent alteration of the significant riparian corridor by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses provided they are designed to avoid and minimize intrusion into the riparian area, and no other options or locations are feasible as determined by the City Planner:

(a) Streets, roads, and paths;

(b) Drainage facilities, utilities, and irrigation pumps;

(c) Water-related and water-dependent uses (for example boat launch, fishing dock);

(d) Replacement of permanent, legal, nonconforming structures in existence on the date of adoption of the ordinance codified in this chapter with structures on the same building footprint, that do not disturb additional riparian surface area based upon best management practices, and in accordance with the provisions of MCC 18.05.120, Nonconforming uses.

(e) Bank stabilization and flood control structures that legally existed on the effective date of the ordinance codified in this chapter may be maintained.

(2) Removal of riparian vegetation in the significant riparian corridor is prohibited, except for:

(a) Removal of nonnative vegetation and replacement with native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall establish appropriate plant densities for a native riparian plant community that provides the environmental functions of a riparian buffer.

(b) Removal of vegetation necessary for the development of approved water-related or water-dependent uses. Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use.

(c) Trees in danger of falling, as determined by a certified arborist, and thereby posing a hazard to life or property may be felled, upon submitting a report to the City Planner. The Planner may require these trees, once felled, to be left in place in the riparian corridor.

(d) Existing lawn within the significant riparian corridor may be maintained, but not expanded to further intrude into the resource.

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

(a) Commercial forest practices regulated by the Oregon Forest Practices Act.

(b) Normal and accepted farming practices other than the construction of buildings, structures, or paved roads. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) Permanent alteration of the riparian area by placement of structures or impervious surfaces is allowed if a variance to the riparian setback is approved. A property owner may request a variance to the riparian setback in accordance with Chapter 18.20 MCC, Variances. The major variance procedures as specified shall be followed for approval of a variance except that the variance criteria of this section shall apply.

(2) Hardship Variances. The Planning Commission may grant a variance to the provisions of this chapter only when the applicant has shown that all of the following conditions exist:

(a) Through application of this chapter, the property has been rendered not buildable;

(b) The applicant has exhausted all other options available under this chapter to relieve the hardship;

(c) The variance is the minimum necessary to afford relief;

(d) No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; and

(e) Loss of vegetative cover shall be minimized.

(3) Variance Applications. The applicant shall provide sufficient information regarding the proposed development and potential impact to riparian resources and the proposed mitigation plan to allow the Oregon Department of Fish and Wildlife (ODFW) to comment on whether the proposal has minimized impacts to the riparian buffer and whether the proposed mitigation will provide equal or better protection of riparian resources. This information includes, but is not necessarily limited to:

(a) A plot plan showing the top of bank, the significant riparian corridor, any wetlands, and any applicable setbacks;

(b) The extent of development within the significant riparian corridor;

(c) Uses that will occur within the significant riparian resource and potential impacts (for example: chemical runoff, noise, etc.);

(d) The extent of vegetation removal proposed;

(e) Characteristics of existing vegetation (types, density);

(f) Any proposed alterations of topography or drainage patterns;

(g) Existing uses on the property and any potential impacts they could have on riparian resources; and

(h) Proposed mitigation. (Ord. 1380 § 4 (Exh. 3), 2018.)

Significant riparian corridors identified in the Comprehensive Plan are shown on maps that may not have site-specific accuracy. Property owners who believe their properties lie outside the depicted riparian buffer can correct the map by submitting a survey, performed by a qualified surveyor, to the City of Monmouth. The survey must show the ordinary high water line of the stream on a parcel base map.

The City Planner may correct the location of the riparian corridor when the applicant has shown that a mapping error has occurred and the error has been verified by the ODFW. Corrections verified by the ODFW shall be used to automatically update the Monmouth Local Wetland Inventory Maps. No formal variance application or amendment to the Comprehensive Plan is needed for map corrections approved by ODFW. (Ord. 1380 § 4 (Exh. 3), 2018.)

The purposes of establishing wetland protection areas are:

(1) To implement the goals and policies of the Monmouth Comprehensive Plan;

(2) To satisfy the requirements of Statewide Planning Goal 5;

(3) To protect Monmouth’s wetland areas, thereby protecting the hydrologic and ecologic functions these areas provide for the community;

(4) To protect fish and wildlife habitat;

(5) To protect water quality and natural hydrology, to control erosion and sedimentation, and to reduce the adverse effects of flooding;

(6) To protect the amenity values and educational opportunities of Monmouth’s wetlands as community assets;

(7) To improve and promote coordination among local, State, and Federal agencies regarding development activities near wetlands. (Ord. 1380 § 4 (Exh. 3), 2018.)

The following definitions shall apply to this chapter, Wetland Protection Areas:

“Jurisdictional delineation” means a delineation of the wetland boundaries that is approved by the Oregon Department of State Lands (DSL). A delineation is a precise map and documentation of actual wetland boundaries on a parcel, whereas a determination may only be a rough map or a presence/absence finding. (See OAR 141-90 et seq. for specifications for wetland delineation or determination reports.)

“Local Wetlands Inventory (LWI)” means maps and report certified by DSL and adopted by the City of Monmouth entitled Local Wetland Inventory Report and any subsequent revisions as approved by the Oregon Department of State Lands.

“Locally significant wetland” means a wetland that is determined to be significant under the criteria of OAR 141-86-0300 et seq. These criteria include those wetlands that score a high rating for fish or wildlife habitat, hydrologic control, or water quality improvement functions.

“Nonconforming uses” means a structure or use that does not conform to the standards of the underlying zone but has been in continuous existence from prior to the date of adoption of the ordinance codified in this chapter up to the present. Nonconforming uses are not considered violations and are permitted to continue until removed or abandoned. Nonconforming uses are subject to the requirements of MCC 18.05.120.

“Upland” means any area that does not qualify as waters or wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands.

“Wetland” means an area inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

“Wetland protection area” means an area subject to the provisions of this chapter that includes all wetlands determined to be locally significant as shown on the Local Wetland Inventory.

“Wetland resource map” means the locally adopted map used as the basis for this chapter, which incorporates the DSL-approved LWI map and identifies locally significant wetlands. (Ord. 1380 § 4 (Exh. 3), 2018.)

The City of Monmouth determines which wetlands are locally significant in accordance with rules adopted by Department of State Lands (OAR 141-086-0300 et seq.). Locally significant wetlands are identified on the Monmouth Local Wetland Inventory Maps. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) Wetland protection areas consist of locally significant wetlands identified on the Monmouth Local Wetland Inventory Maps. The provisions of this chapter shall be applied to any property or parcel containing wetlands identified as locally significant. These provisions do not provide any exemption from State or Federal regulations.

(2) Unless otherwise stated, the City shall apply the provisions of this chapter in conjunction and concurrently with the requirements of any other development permit being sought by an applicant. If no other permit is being sought, the City Planner shall serve as the approving authority.

(3) Applications for plan approvals, development permits, building permits, or plans for proposed public facilities on parcels containing a wetland protection area or a portion thereof shall include the following:

(a) A delineation of the wetland boundary completed by a professional wetland scientist, or similar expert, qualified to delineate wetlands in accordance with Oregon Department of State Lands. If the proposed project is designed to avoid wetlands, a wetland determination report may be provided in place of the delineation.

(b) A scale drawing that clearly depicts the wetland boundary, the surface water source, existing trees and vegetation, property boundaries, and proposed site alterations including proposed excavation, fill, structures, and paved areas.

(c) Verification that the application packet has been submitted to the Oregon Department of Fish and Wildlife for review and comment.

(4) No delineation is required under subsection (3)(a) of this section, if the proposed development is located 25 feet or more from a wetland identified on the LWI map or from a DSL-approved wetland determination, but not an approved delineation. This is not a buffer or setback, but an allowance for LWI map inaccuracy when the expense of a precise delineation may not be warranted. Compliance with State and Federal wetland regulations for all wetlands, mapped or unmapped, remains the legal responsibility of the landowner. (Ord. 1380 § 4 (Exh. 3), 2018.)

The approving authority shall base its decision on the following criteria in addition to the required criteria for any other permit or approval that is being sought. Approvals shall be based on compliance with all of the following criteria:

(1) The proposed project complies with the provisions of MCC 18.170.060 through 18.170.080.

(2) Except as otherwise allowed in MCC 18.170.060, the proposed project will not result in excavation or filling of a wetland or reduction of wetland area on a parcel that has been identified as containing a wetland.

(3) Except as otherwise allowed in MCC 18.170.060, the proposed project will not result in development, including excavating, drainage, grading, filling, or native vegetation removal of land within 25 feet of the boundary of a wetland identified on the LWI map or from a DSL-approved wetland determination, but not an approved delineation. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) The following activities and continuation and/or maintenance thereof are exempted from all wetland protection area regulations; provided, that any applicable State or Federal permits are secured:

(a) Continuation of any use, sign, or structure, including bank stabilization and flood control structures, and the maintenance thereof, that was lawfully existing on the date of adoption of the ordinance codified in this chapter (May 1, 2018), may continue within a wetland protection area. Such use, sign, or structure may continue at a similar level and manner as existed on the date of adoption of the ordinance codified in this chapter.

(b) Maintenance and alteration of preexisting ornamental landscaping is permitted within a wetland protection area so long as no additional native vegetation is disturbed. The provisions of this section shall not be affected by any change in ownership of properties containing a wetland protection area.

(2) The following activities and maintenance thereof are allowed within a wetland protection area; provided, that any applicable State or Federal permits are secured:

(a) Wetland restoration and rehabilitation activities;

(b) Restoration and enhancement of native vegetation;

(c) Cutting and removal of trees which pose a hazard to life or property due to threat of falling as determined by a certified arborist, upon submitting a report to the City Planner;

(d) Removal of nonnative vegetation, if replaced with native plant species at appropriate plant densities for a native wetland plant community that provides the environmental functions of a wetland;

(e) Normal farm practices such as grazing, plowing, planting, cultivating, harvesting, and other practices under the review authority of Oregon Department of Agriculture. Normal farm practices do not include new or expanded structures, roads, or other facilities involving placement of fill material, excavation, or new drainage measures;

(f) Maintenance of existing drainage ways, ditches, or other structures, to maintain flow at original design capacity and mitigate upstream flooding; provided, that management practices avoid sedimentation and impact to native vegetation, any spoils are placed in uplands, and applicable State permits are obtained;

(g) Replacement of permanent, legal, nonconforming structures in existence on the date of adoption of the ordinance codified in this chapter with a structure on the same building footprint, if it does not disturb additional area, and in accordance with best management practices and the provisions of MCC 18.05.120, Nonconforming uses;

(h) Emergency stream bank stabilization to remedy immediate threats to life or property;

(j) Maintenance and repair of existing roads and streets, including repaving and repair of existing bridges, and culverts; provided, that such practices avoid sedimentation and other discharges into the wetland or waterway.

(3) New fencing may be permitted by the City Planner where the applicant demonstrates that the following criteria are satisfied:

(a) The fencing does not affect the hydrology of the site;

(b) The fencing does not present an obstruction that would increase flood velocity or intensity;

(c) Fish habitat is not affected by the fencing;

(d) The fencing is the minimum necessary to achieve the applicant’s purpose.

Applications for new fencing within a wetland protection area shall contain a scale drawing that clearly depicts the wetland area boundary. (Ord. 1380 § 4 (Exh. 3), 2018.)

Except as allowed in MCC 18.170.060, Allowed activities within wetland protection areas, the following activities are prohibited within a wetland protection area:

(1) Placement of new structures or impervious surfaces.

(2) Excavation, drainage, grading, fill, or removal of vegetation except for fire protection purposes or removing hazardous trees.

(3) Expansion of areas of landscaping with nonnative species, such as a lawn or garden, into the wetland protection area.

(4) Disposal or temporary storage of refuse, yard debris, or other material.

(5) Discharge or direct runoff of untreated stormwater.

(6) Uses not allowed in the list of permitted uses for the underlying zone.

(7) Any use not specifically allowed in MCC 18.170.060. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) All State jurisdictional wetlands, mapped or not, are subject to the State Removal-Fill Law administered by DSL. All wetlands are “potentially jurisdictional wetlands.” Wetlands on the Local Wetland Inventory Map which are not identified as locally significant are considered “Other Potentially Jurisdictional Wetlands.” These wetlands are not subject to City of Monmouth wetland protection area standards, but, like all wetland areas, are subject to DSL notice/review and potentially subject to DSL and the U.S. Army Corps of Engineers permitting.

(2) The City shall notify the Oregon Department of State Lands in writing of all applications for development activities – including development applications, building permits, and other development proposals – that may affect any wetland identified in the Local Wetlands Inventory. This applies for both significant and nonsignificant wetlands. The Department provides a wetland land use notification form for this purpose.

(3) When reviewing wetland development permits authorized under this chapter, the approving authority shall consider recommendations from the Oregon Department of Fish and Wildlife (ODFW) regarding OAR 635-415, “Fish and Wildlife Habitat Mitigation Policy.” Recommendations from ODFW are advisory only. (Ord. 1380 § 4 (Exh. 3), 2018.)

(1) The Planning Commission shall review applications for variances to the wetland protection areas in accordance with the provisions for variances in Chapter 18.20 MCC, Variances. The major variance procedures as specified shall be followed for approval of a variance except that the variance criteria of this section shall apply.

(2) Hardship Variances. The Planning Commission may grant a variance to the provisions of this chapter only when the applicant has shown that all of the following conditions exist:

(a) Through application of this chapter, the property has been rendered not buildable;

(b) The applicant has exhausted all other options available under this chapter to relieve the hardship;

(c) The variance is the minimum necessary to afford relief;

(d) No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; and

(e) Loss of vegetative cover shall be minimized.

(3) Variance Applications.

(a) The applicant shall provide sufficient information regarding the proposed development and potential impact to wetland resources and the proposed mitigation plan to allow the Oregon Department of State Lands to determine whether the proposal has minimized impacts to wetland protection areas and whether the proposed mitigation will provide equal or better protection of wetland resources. This information includes, but is not necessarily limited to:

(i) A plot plan showing wetland protection areas, any significant riparian corridors, and any applicable setbacks;

(ii) The extent of development within wetland protection areas;

(iii) Uses that will occur within the wetland protection areas and potential impacts (for example: chemical runoff, noise, etc.);

(iv) The extent of vegetation removal proposed;

(v) Characteristics of existing vegetation (types, density);

(vi) Any proposed alterations of topography or drainage patterns,

(vii) Existing uses on the property and any potential impacts they could have on wetland resources, and

(viii) Proposed mitigation. (Ord. 1380 § 4 (Exh. 3), 2018.)

The City Planner may correct the location of the wetland protection area when the applicant has shown that a mapping error has occurred and the error has been verified by DSL. Delineations verified by DSL shall be used to automatically update and replace LWI mapping. No formal variance application or amendment to the Comprehensive Plan is needed for map corrections where approved delineations are provided. (Ord. 1380 § 4 (Exh. 3), 2018.)