Chapter 18.05 GENERAL PROVISIONS

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

18.05.030 Authority.

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

18.05.040 Construction.

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

18.05.050 Compliance with Zoning Ordinance.

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

18.05.060 Zone designations.

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

(1) Low density residential (RS) zone.

(2) Medium density residential (RM) zone.

(3) High density residential (RH) zone.

(4) Commercial office (CO) zone.

(5) Commercial highway (CH) zone.

(6) Commercial retail (CR) zone.

(7) Commercial retail transitional (CRT) zone.

(8) Industrial park (IP) zone.

(9) Public services (PS) zone.

(10) Public service college (PSC) zone.

(11) Floodplain overlay zone (FP).

(12) Mixed density residential zone (MX).

(13) Main Street district (MS).

(14) Light industrial (IL) zone.

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

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

18.05.070 Official zoning map.

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

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

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

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

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

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

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

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

18.05.080 Administration.

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

18.05.090 Amendment of Zoning Ordinance.

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

18.05.100 Planning Commission.

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

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

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

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

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

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

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

18.05.110 Similar uses.

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

18.05.120 Nonconforming uses.

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

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

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

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

18.05.130 Interpretation.

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

18.05.140 Severability.

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

18.05.150 Enforcement.

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

18.05.160 Zoning of annexed areas.

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

18.05.170 Fees.

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

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

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

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

18.05.180 Words and phrases.

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

18.05.190 Public facility and sidewalk improvement requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

18.05.200 Screening and landscaping requirements.

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

18.05.210 Specific requirements for certain land uses.

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

18.05.215 Recreational marijuana facilities.

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