Chapter 18.30 SPECIAL USE STANDARDS

Chapter 18.30
SPECIAL USE STANDARDS

Sections:

18.30.010 Home occupations.

18.30.020 Wireless communications facilities.

18.30.030 Accessory dwelling units.

18.30.040 Recreational marijuana facilities.

18.30.050 Food carts and cart pods.

18.30.060 Commercial uses in the residential zones.

18.30.010 Home occupations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Prohibited Home Occupation Uses.

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

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

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

(i) Ambulance and towing services;

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

(iii) Auto and other vehicle repair;

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

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

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

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

(5) Home Occupation Complaint and Enforcement Procedures.

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

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

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

18.30.020 Wireless communications facilities.

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

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

(a) Site and landscape plans drawn to scale.

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

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

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

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

(3) Exemptions to Conditional Use Permit Requirements.

(a) Minor Modifications to the Existing WCF.

(i) Maintenance and repair of existing WCF.

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

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

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

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

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

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

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

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

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

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

18.30.030 Accessory dwelling units.

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

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

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

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

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

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

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

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

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

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

18.30.040 Recreational marijuana facilities.

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

(2) Standards for Recreational Marijuana Retail Sales Facilities.

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

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

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

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

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

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

(d) Proximity Restrictions.

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

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

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

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

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

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

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

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

(d) Security Measures Required.

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

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

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

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

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

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

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

(f) Waste Security Measures Required.

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

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

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

18.30.050 Food carts and cart pods.

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

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

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

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

(3) Site Design Standards for Food Cart Pods.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Utilities.

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

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

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

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

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

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

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

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

(7) Signs.

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

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

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

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

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

18.30.060 Commercial uses in the residential zones.

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

(a) Eating and drinking establishments.

(b) Retail goods and services.

(d) Offices.

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

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

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

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