Chapter 18.40 ANNEXATIONS

Chapter 18.40
ANNEXATIONS

Sections:

18.40.040 Annexation of nonconforming uses.

Prior legislation: Code 1983 §§ 99.015 and 99.020 and Ord. 1352.

18.40.010 Procedures.

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

18.40.020 Conditions for annexation.

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

18.40.030 Zoning of annexed territory.

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

Table 18.40.050: Equivalent City Comprehensive Plan Map and Zoning Designations
Monmouth Comprehensive Plan Map Designation	Equivalent Monmouth Zone District
Low Density Residential	Low Density Residential (RS) Zone
Medium Density Residential	Medium Density Residential (RM) Zone
High Density Residential	High Density Residential (RH) Zone
Mixed Density Residential	Mixed Density Residential (MX) Zone
Commercial	Commercial Office (CO) Zone
	Commercial Highway (CH) Zone
	Commercial Retail (CR) Zone
	Commercial Retail Transitional (CRT) Zone
Industrial	Light Industrial (IL) Zone
	General Industrial (GI) Zone
	Industrial Park (IP) Zone
Public	Public Services (PS) Zone
Public	Public Service College (PSC) Zone
Open Space – Agriculture	Open Space – Agriculture (OS-AG) Zone

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

18.40.040 Annexation of nonconforming uses.

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