Monmouth City Zoning Code

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

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.

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.

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.

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.

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.

Each required parking space shall be located as follows:

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

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

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

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.

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

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.

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.

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.

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.

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

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

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

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

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

Number of Loading Spaces Required.

In the Main Street district, contiguous properties may share a common loading space.

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;

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;

Handicap spaces shall be grouped in pairs where possible;

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

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;

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

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.

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

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.

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.

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

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

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.

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

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.

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.

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.

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

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.

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

Rear Yards. All accessory structures located within rear yards shall be set back at least five feet from the rear lot line.

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.

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.

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.

Planter boxes;

Chimneys and flues;

Steps;

Cornices;

Eaves;

Gutters;

Belt courses;

Headers;

Sills;

Pilasters;

Lintels;

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

Uncovered porches;

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

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.

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.

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.

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.

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.

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.

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.

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.

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

For expansion of existing developments and parking lots, the required landscape minimum percentage shall be maintained.

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.

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.

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.

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.

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

Xeriscaping may be used as a landscaping option. All xeriscaping plans shall be prepared by a licensed landscape professional.

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.

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.

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.

Landscape Contractor Required. All landscaping installations shall be done by a landscape contractor licensed by the State of Oregon.

Street Trees.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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:

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:

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.

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.

Street Standards.

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

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:

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.

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.

Intersections of Streets.

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

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.

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.

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:

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.

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.

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.

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.

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.

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.

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."

Pedestrian Requirements.

Accessways or Multi-Use Paths. Where required:

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.

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.

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.

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:

Traffic Impact Analysis Requirements.

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

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.

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:

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:

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:

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.)

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:

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.

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:

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:

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:

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

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

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

To increase public awareness of the environmental benefit of heritage trees and trees in general.

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 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:

As used in this title, the term "heritage tree" includes trees within a designated heritage grove.

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

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

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.

The City Council shall designate, by resolution, heritage trees or heritage groves based upon recommendations from the Tree Advisory Board.

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.

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

An annual listing/map of heritage trees shall be provided for Arbor Day activities.

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).

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.

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:

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.

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.

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.

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.

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.

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.

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

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.

The tree needs to be removed to accomplish a public purpose and no practical alternative exists.

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:

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.

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.

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

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.

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.

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.

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.

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.

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

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:

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:

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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:

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

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

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.

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:

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:

To implement the goals and policies of the Monmouth Comprehensive Plan;

To satisfy the requirements of Statewide Planning Goal 5;

To protect Monmouth's wetland areas, thereby protecting the hydrologic and ecologic functions these areas provide for the community;

To protect fish and wildlife habitat;

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

To protect the amenity values and educational opportunities of Monmouth's wetlands as community assets;

To improve and promote coordination among local, State, and Federal agencies regarding development activities near wetlands.

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.

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.

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:

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.

The proposed project complies with the provisions of MCC § 18.170.060 through § 18.170.080.

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.

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.

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:

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

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

Placement of new structures or impervious surfaces.

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

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

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

Discharge or direct runoff of untreated stormwater.

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

Any use not specifically allowed in MCC § 18.170.060.

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.

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.

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.

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.

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:

Variance Applications.