All areas within the city of Fairview are divided into land use districts. The use of each lot, parcel and tract of land is limited to the uses permitted by the applicable land use district. The applicable land use district shall be determined based on the land use district map, and the provisions of this chapter. (Ord. 6-2001 § 1)

A. Consistency with Land Use District Map. The boundaries of each of the land use districts contained within this chapter shall coincide with the land use district boundaries identified on the city’s official zoning map, retained by the city recorder. Said map by this reference is made a part of this land development code. The city shall maintain a certified print of the adopted land use district map, and any map amendments.

B. Applicability of Zoning Requirements. Each lot, tract and parcel of land or portion thereof within the land use district boundaries, as designated and marked on the zoning map, is classified, zoned and limited to the uses as hereinafter specified and defined for the applicable district classification.

C. Land Use District Map Amendments. All amendments to the city land use district (zoning) map shall be made in accordance with the provisions of Chapter 19.470 FMC.

1. Copies of all map amendments shall be dated with the effective date of the ordinance adopting the map amendment, and shall be maintained without change, together with the adopting documents, on file at the city; and

2. The city shall make available for public inspection an up-to-date copy of the revised land use district map, so that it accurately portrays changes of zone boundaries or classification, as applicable. (Ord. 6-2001 § 1)

Where due to the scale, lack of scale, lack of detail or illegibility of the city zoning district map, or due to any other reason, there is uncertainty, contradiction or conflict as to the intended location of district boundary lines, the boundary lines shall be determined by the city manager in accordance with the following:

A. Boundaries indicated as approximately following the centerlines of streets, highways, railroad tracks or alleys shall be constructed to follow such centerlines;

B. Boundaries indicated as approximately following the boundaries of a parcel, lot, or tract shall be construed as following such boundaries;

C. Boundaries indicated as approximately following a city boundary, or the urban growth boundary, shall be constructed as following said boundary;

D. Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be constructed as following river, stream and/or drainage channels or basins, as applicable; and

E. Whenever any public right-of-way is lawfully vacated, the lands formerly within the vacated right-of-way shall automatically be subject to the same land use district designation that is applicable to lands abutting the vacated area. In cases where the right-of-way formerly served as a land use district boundary, the lands formerly within the vacated right-of-way shall be allocated proportionately between the subject land use districts. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

This zone is intended primarily as a holding zone to be used for agricultural uses until the land is developed for industrial purposes. (Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted in the F-2 zone:

A. Grazing, agriculture, horticulture, or the growing of timber.

B. Dwelling or dwellings for owner, operator and/or help required to carry out grazing, agriculture, horticulture or the growing of timber.

C. Accessory building.

D. Family day care providers and residential homes activities in existing buildings.

E. Home occupations.

F. Telecommunications facilities: monopoles and antennas pursuant to Chapter 19.245 FMC. (Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted in an F-2 zone after approval of the planning commission:

A. Schools and associated structures and facilities.

B. Churches and associated structures and facilities.

C. Community centers and associated structures and facilities and day care centers.

D. Golf courses (excluding miniature golf courses and driving ranges).

E. Telecommunications facilities: guyed towers pursuant to Chapter 19.245 FMC.

F. Community service/parks.

G. Other community service uses and uses similar in nature to those listed above when approved by the planning commission. (Ord. 6-2001 § 1)

All land use shall be subject to the applicable requirements of appropriate overlays. (Ord. 6-2001 § 1)

A. The residential districts (zones) are intended to promote the livability, stability and improvement of the city’s neighborhoods. This chapter provides standards for the orderly expansion and improvement of neighborhoods based on the following principles:

1. Make efficient use of land and public services, implement the Comprehensive Plan, and provide minimum and maximum density standards for housing.

2. Accommodate a range of housing needs, including owner-occupied and rental housing.

3. Provide for compatible building and site design at an appropriate neighborhood scale.

4. Reduce reliance on the automobile for neighborhood travel and provide options for walking, bicycling, and transit use.

5. Provide direct and convenient access to schools, parks and neighborhood services.

6. Utilize overlay districts to add or limit uses in the underlying base district.

B. The R-6, R-7.5, and R-10 zones are established to provide single-unit detached, duplex, triplex, quadplex, townhouse and cottage cluster residential uses on parent lots with minimum sizes ranging from 6,000 to 10,000 square feet in area.

C. The manufactured home park (MH) zone is established to provide land for manufactured home parks on parcels at least one acre in size.

D. The residential medium density (RM) zone is established to provide an area dedicated to medium density housing including muti-unit dwellings (apartments, condominiums), townhouses, triplexes and quadplexes. (Ord. 1-2024 § 1 (Att. A))

A. Permitted Uses. The land uses listed in Table 19.30.020.A are permitted in the residential district, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 19.30.020.A, and land uses which are approved as “similar” to those in Table 19.30.020.A, may be permitted. The land uses identified with a “CU” in Table 19.30.020.A require conditional use permit approval prior to development or a change in use, in accordance with Article IV of this title.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC.

(Ord. 2-2025 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A))

A. Dimensional Standards. All standards for the Manufactured Home Park District are located in FMC 19.30.100. The standards in Table 19.30.030-A apply to all other residential zones. Notes and/or cross references to other applicable code sections are listed in the “Additional Standards” column.

B. Building Setbacks: Additional Standards

1. Residential Uses.

a. Applicability. These standards apply to all dwellings in all residential districts, with the exception of the manufactured home park district. Setbacks for manufactured home parks are located in FMC 19.30.100.

b. Garages and carports shall be accessed from rear alleys or otherwise recessed behind the front building elevation (facade or porch) by a minimum of six feet. Alternatively, garage and carport entrances may be built flush with the front building elevation when the building is set back at least 20 feet.

2. Residential Commercial Buildings.

a. A minimum front setback is not required, except as necessary to comply with the vision clearance standards in FMC 19.162.020.

b. A maximum setback of 10 feet is required. This standard is met when a minimum of 50 percent of the front building elevation is placed 10 feet or closer to the front property line. On parcels with more than one building, this standard applies to the largest building. Exception: The setback may be increased when an expanded sidewalk, outdoor seating area, plaza, pocket park, or town square is provided between the building and front property line.

3. Public and Institutional Buildings. The standards in subsection (B)(2) of this section (residential commercial buildings) shall also apply to public and institutional buildings, except that the maximum setback standard in subsection (B)(2)(b) shall not be required for buildings that do not receive the public (e.g., buildings used solely for storage or housing mechanical equipment, and similar uses).

C. Setback Exceptions. The following architectural features are allowed to encroach into the setback yards: Eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into setbacks by no more than three feet. Decks and similar structures not exceeding 36 inches in height (attached railings not included) may encroach into setbacks by no more than five feet, subject to the front yard setback provisions in subsection A of this section. Walls and fences may be placed on property lines, subject to the standards in Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. Walls and fences within front yards shall additionally comply with the vision clearance standards in FMC 19.162.020.

D. Front Yard Setbacks for Infill Housing in Established Residential Areas. “Established residential area” means an area within the residential district that was platted prior to November 17, 2001. In such areas, the following setback standards shall apply:

Figure 19.30.030.D – Infill/Established Residential Area Setbacks

1. When an existing single-unit dwelling on the same street is located within 30 feet of the subject site, a front yard setback similar to that of the nearest single-unit dwelling shall be used. “Similar” means the setback is within five feet of the setback provided by the nearest single-unit dwelling on the same street. For example, if the existing single-unit dwelling has a front yard setback of 20 feet, then the new building shall have a front yard setback between 15 feet and 25 feet. If the new building is to be located between two existing residences, then the setback for the new building shall be based on the average setback of both adjacent residences, plus or minus five feet.

2. In no case shall a front yard setback be less than 10 feet.

3. In no case shall the required setback be greater than 40 feet.

E. Building Height Transition. To provide compatible building scale and privacy between developments, taller buildings shall “step-down” to create a building height transition to adjacent single-story building(s).

1. This standard applies to new and vertically expanded buildings within 20 feet (as measured horizontally) of an existing single-story building with a height of 20 feet or less, as shown in Figure 19.30.030.E.

2. The building height transition standard is met when the height of the taller building (“x”) does not exceed one foot of additional height for every one foot separating the two buildings (“y”), as shown in Figure 19.30.030.E.

Figure 19.30.030.E – Building Height Transition

F. Building Orientation.

Figure 19.30.030.F(1) – Typical Building Orientation (Multi-Unit Housing)

Figure 19.30.030.F(2) – Typical Building Orientation (Residential Commercial Building)

1. Purpose. The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic down, and encourage walking in neighborhoods. Placing residences and other buildings close to the street also encourages security and safety by having more “eyes-on-the-street.”

2. Applicability. This section applies to: multi-unit housing; residential commercial buildings; and public and institutional buildings, except that the standard shall not apply to public and institutional buildings which do not receive the public (e.g., buildings used solely for storage or for housing mechanical equipment; and similar uses.)

3. Building Orientation Standards. All developments listed in subsection B of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

a. Compliance with the setback standards in this section.

b. All buildings shall have their primary entrance(s) oriented to the street. Multi-unit housing and neighborhood commercial building entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street in accordance with the standards in Chapter 19.162 FMC, Access and Circulation. In this case, at least one entrance shall be provided not more than 20 feet from the closest sidewalk or street.

c. Off-street parking, drives or other vehicle areas shall not be placed between buildings and streets where building placement complies with this standard. (Ord. 1-2024 § 1 (Att. A))

A. Applicability.

1. New single-unit dwellings, duplexes, triplexes and quadplexes, including those created by adding building square footage on a site occupied by an existing dwelling, shall meet:

a. The design standards in subsections B through H of this section.

B. Entry Orientation. At least one main entrance for each single-unit dwelling, duplex, triplex or quadplex structure must meet the standards in subsections (B)(1) and (2) of this section. Any detached structure for which more than 50 percent of its street-facing facade is separated from the street property line by a dwelling is exempt from meeting these standards.

1. The entrance must be within eight feet of the longest street-facing wall of the dwelling unit; and

2. The entrance must either:

a. Face the street (see Figure 1);

b. Be at an angle of up to 45 degrees from the street (see Figure 2);

c. Face a common open space that is adjacent to the street and is abutted by dwellings on at least two sides (see Figure 3); or

d. Open onto a porch (see Figure 4). The porch must:

i. Be at least 25 square feet in area; and

ii. Have at least one entrance facing the street or have a roof.

Figure 1. Main Entrance Facing the Street

Figure 2. Main Entrance at 45° Angle from the Street

Figure 3. Main Entrance Facing Common Open Space

Figure 4. Main Entrance Opening onto a Porch

Figure 5. Facade Design Elements

C. Each street-facing facade must include at least two of the following (see Figure 5):

1. A roof dormer a minimum of four feet in width;

2. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room;

3. A bay window that extends from the facade a minimum of two feet;

4. An offset of the facade of a minimum of two feet in depth;

5. An entryway that is recessed a minimum of three feet;

6. A covered entryway with a minimum depth of four feet;

7. A porch meeting the standards of subsection (B)(2)(d) of this section;

8. Eaves with 12-inch minimum overhang;

9. Window trim that is a minimum width of four inches or windows with panes recessed at least two inches from the adjacent facade wall.

D. Windows. A minimum of 15 percent of the area of all street-facing facades must include windows or entrance doors. Facades separated from the street property line by a dwelling are exempt from meeting this standard. See Figure 6.

Figure 6. Window Coverage

E. Garages and Off-Street Parking Areas. Garages and off-street parking areas shall not be located between a building and a public street (other than an alley), except in compliance with the standards in subsections (E)(1), (2) and (3) of this section.

1. The garage or off-street parking area is separated from the street property line by a dwelling; or

2. Garages do not exceed a total of 50 percent of the front facade of the building and the total garage and outdoor on-site parking and maneuvering areas do not exceed 50 percent of the property street frontage (see Figure 7).

3. When garages face the street, they shall be recessed behind the front elevation (i.e., living area or covered front porch) by a minimum of six feet. Alternatively, garage and carport entrances may be built flush with the front building elevation when the building is set back at least 20 feet.

Figure 7. Width of Garages and Parking Areas

F. Driveway Approach. Driveway approaches must comply with the following:

1. The total width of all driveway approaches must not exceed 32 feet per frontage, as measured at the property line (see Figure 8). For lots or parcels with more than one frontage, see subsection (F)(3) of this section.

2. Driveway approaches may be separated when located on a local street (see Figure 8). If approaches are separated, they must meet the jurisdiction’s driveway spacing standards applicable to local streets.

3. In addition, lots or parcels with more than one frontage must comply with the following:

a. Lots or parcels must access the street with the lowest transportation classification for vehicle traffic. For lots or parcels abutting an improved alley (defined as an alley that meets the jurisdiction’s standards for width and pavement), access must be taken from the alley (see Figure 9).

b. Lots or parcels with frontages only on collectors and/or arterial streets must meet the jurisdiction’s access standards applicable to collectors and/or arterials.

c. Triplexes and quadplexes on lots or parcels with frontages only on local streets may have either:

i. Two driveway approaches not exceeding 32 feet in total width on one frontage; or

ii. One maximum 16-foot-wide driveway approach per frontage (see Figure 10).

Figure 8. Driveway Approach Width and Separation on Local Street

Figure 9. Alley Access

Figure 10. Driveway Approach Options for Multiple Local Street Frontages

G. Pedestrian Access.

1. An accessible pedestrian path must be provided that connects the main entrance of the dwelling unit to the street.

2. The pedestrian path must be hard-surfaced and a minimum of three feet wide.

3. The pedestrian path must not be located in vehicle parking and driveway areas. The pedestrian path may be located adjacent to the driveway.

H. Conversions to Triplex and Quadplex. Internal conversion of an existing detached single-unit dwelling or duplex to a triplex or quadplex is allowed; provided, that the conversion does not increase nonconformance with applicable clear and objective siting and design standards, unless increasing nonconformance is otherwise permitted by the development code. (Ord. 1-2024 § 1 (Att. A))

New townhouses in all zones shall meet the design standards in subsections A through D of this section.

A. Entry Orientation. The main entrance of each townhouse must:

1. Be within eight feet of the longest street-facing wall of the dwelling unit, if the lot has public street frontage; and

2. Either:

a. Face the street (see FMC 19.30.040 Figure 1);

b. Be at an angle of up to 45 degrees from the street (see GMC 19.30.040 Figure 2);

c. Face a common open space or private access or driveway that is abutted by dwellings on at least two sides; or

d. Open onto a porch (see FMC 19.30.040 Figure 4). The porch must:

i. Be at least 25 square feet in area; and

ii. Have at least one entrance facing the street or have a roof.

B. Unit Definition. Each townhouse must include at least one of the following on at least one street-facing facade (see Figure 11):

1. A roof dormer a minimum of four feet in width; or

2. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room; or

3. A bay window that extends from the facade a minimum of two feet; or

4. An offset of the facade of a minimum of two feet in depth, either from the neighboring townhouse or within the facade of a single townhouse; or

5. An entryway that is recessed a minimum of three feet; or

6. A covered entryway with a minimum depth of four feet; or

7. A porch meeting the standards of subsection (A)(2)(d) of this section.

Note: Balconies and bay windows may encroach into a required setback area.

Figure 11. Townhouse Unit Definition

C. Windows. A minimum of 15 percent of the area of all street-facing facades on each individual unit must include windows or entrance doors. Half of the window area in the door of an attached garage may count toward meeting this standard. See Figure 6.

D. Driveway Access and Parking. Townhouses with frontage on a public street shall meet the following standards:

1. Garages on the front facade of a townhouse, off-street parking areas in the front yard, and driveways in front of a townhouse are allowed if they meet the following standards (see Figure 12).

a. Each townhouse lot has a street frontage of at least 15 feet on a local street.

b. A maximum of one driveway approach is allowed for every townhouse. Driveway approaches and/or driveways may be shared.

c. Outdoor on-site parking and maneuvering areas do not exceed 12 feet wide on any lot.

d. The garage width does not exceed 12 feet, as measured from the inside of the garage door frame.

Figure 12. Townhouses With Parking in Front Yard

2. The following standards apply to driveways and parking areas for townhouse projects that do not meet all of the standards in subsection (D)(1) of this section:

a. Off-street parking areas shall be accessed on the back facade or located in the rear yard. No off-street parking shall be allowed in the front yard or side yard of a townhouse.

b. A townhouse project that includes a corner lot shall take access from a single driveway approach on the side of the corner lot. See Figure 13.

Figure 13. Townhouses on Corner Lot With Shared Access

c. Townhouse projects that do not include a corner lot shall consolidate access for all lots into a single driveway. The driveway and approach are not allowed in the area directly between the front facade and front lot line of any of the townhouses. See Figure 14.

Figure 14. Townhouses With Consolidated Access

d. A townhouse project that includes consolidated access or shared driveways shall grant access easements to allow normal vehicular access and emergency access.

3. Townhouse projects in which all units take exclusive access from a rear alley are exempt from compliance with subsection (D)(2) of this section.

E. Pedestrian Access.

1. An accessible pedestrian path must be provided that connects the main entrance of the dwelling unit to the street.

2. The pedestrian path must be hard-surfaced and a minimum of three feet wide.

3. The pedestrian path must not be located in vehicle parking and driveway areas. The pedestrian path may be located adjacent to the driveway. (Ord. 1-2024 § 1 (Att. A))

Cottage clusters shall meet the design standards in subsections A through H of this section. No other design standards shall apply to cottage clusters unless noted in this section.

A. Cottage Orientation. Cottages must be clustered around a common courtyard, meaning they abut the associated common courtyard or are directly connected to it by a pedestrian path, and must meet the following standards (see Figure 15):

1. Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.

2. A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

a. Have a main entrance facing the common courtyard;

b. Be within 10 feet from the common courtyard, measured from the facade of the cottage to the nearest edge of the common courtyard; and

c. Be connected to the common courtyard by a pedestrian path.

3. Cottages within 20 feet of a street property line may have their entrances facing the street.

4. Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is directly connected to the common courtyard.

5. Cottages shall have a footprint of less than 900 square feet.

B. Common Courtyard Design Standards. Each cottage cluster must share a common courtyard. Common courtyards must meet the following standards (see Figure 15):

1. The common courtyard must be a single, contiguous piece.

2. Cottages must abut the common courtyard on at least two sides of the courtyard. Cottages may abut the common courtyard on one side when all cottages abut a natural resource.

3. The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster (as defined in subsection A of this section).

4. The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

5. The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75 percent of the total common courtyard area.

6. Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard’s minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard. The pedestrian path must not be located in vehicle parking and driveway areas.

Figure 15. Cottage Cluster Orientation and Common Courtyard Standards

C. Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

1. Each cottage cluster is permitted one community building.

2. A community building that meets the development code’s definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.

D. Pedestrian Access.

1. An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

a. The common courtyard;

b. Shared parking areas;

c. Community buildings; and

d. Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

2. The pedestrian path must be hard-surfaced and a minimum of four feet wide.

E. Windows. Cottages within 20 feet of a street property line must meet any window coverage requirement that applies to detached single-unit dwellings in the same zone.

F. Parking Design (see Figure 16).

1. Clustered Parking. Off-street parking may be arranged in clusters, subject to the following standards:

a. Cottage cluster projects with fewer than 16 cottages are permitted parking clusters of not more than five contiguous spaces.

b. Cottage cluster projects with 16 cottages or more are permitted parking clusters of not more than eight contiguous spaces.

c. Parking clusters must be separated from other spaces by at least four feet of landscaping.

d. Clustered parking areas may be covered.

2. Parking Location and Access.

a. Off-street parking spaces and vehicle maneuvering areas shall not be located:

i. Within of 20 feet from any street property line, except alley property lines;

ii. Between a street property line and the front facade of cottages located closest to the street property line. This standard does not apply to alleys.

b. Off-street parking spaces shall not be located within 10 feet of any other property line, except alley property lines. Driveways and drive aisles are permitted within 10 feet of other property lines.

3. Screening. Landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and public streets.

4. Garages and Carports.

a. Garages and carports (whether shared or individual) must not abut common courtyards.

b. Individual attached garages up to 200 square feet shall be exempted from the calculation of maximum building footprint for cottages.

c. Individual detached garages must not exceed 400 square feet in floor area.

d. Garage doors for attached and detached individual garages must not exceed 20 feet in width.

G. Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.

H. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single-unit dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the following conditions:

1. The existing dwelling may be nonconforming with respect to the requirements of this code.

2. The existing dwelling may be expanded up to the maximum height in Table 19.30.030.A or the maximum building footprint; however, existing dwellings that exceed the maximum height and/or footprint of this code may not be expanded.

3. The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster.

4. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection (A)(1) of this section.

Figure 16. Cottage Cluster Parking Design Standards

(Ord. 1-2024 § 1 (Att. A))

As shown below, some lots in existing neighborhoods may have standard widths but may be unusually deep compared to other lots in the area. Essentially unused space at the back of a lot may provide room for one or more lots for infill housing. Infill lots may be developed as “flag lots” or “mid-block developments,” as defined below:

Figure 19.30.070 – Mid-Block Infill

A. Mid-Block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by a series of mid-block lanes, as shown above. Lots without frontage must be served by a mid-block lane that meets the standards for alleys, per subsections B through E of this section. Exceptions to this requirement may be requested for the purpose of preserving natural resources, or where access to a mid-block lane from the street is not available from the development parcel.

B. Driveway and Lane Width. The minimum width of all shared drives and lanes shall be 12 feet; the maximum width is 20 feet, except as required by the Uniform Fire Code.

C. Dedication of Drive Lane. The owner shall dedicate 12 feet of right-of-way or record a 12-foot easement (i.e., six feet for each property sharing a drive) for vehicle access similar to an alley. The dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.

D. Maximum Drive Lane Length. The maximum drive lane length is 400 feet unless a greater length is approved based upon the requirements of the Uniform Fire Code.

E. Future Street Plans. Building placement and alignment of shared drives shall be designed so that future street connections can be made as surrounding properties develop (i.e., as shown in Figure 19.30.070). (Ord. 1-2024 § 1 (Att. A))

This section supplements the standards contained in FMC 19.30.010 through 19.30.100. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the residential district:

A. Accessory Dwelling. An accessory dwelling is an interior, attached, or detached dwelling unit that is used in connection with, or that is accessory to, a single-unit dwelling. The housing density standard of the residential district does not apply to accessory dwellings, due to the small size and low occupancy level of the use. The following standards are intended to control the size and number of accessory dwellings on individual lots, to promote compatibility with adjacent land uses. Accessory dwellings shall comply with all of the following standards:

1. One Unit. A maximum of one accessory dwelling unit is allowed per single-unit dwelling;

2. Floor Area. The total square footage of an accessory dwelling shall not exceed 800 square feet, except where the entire floor of a dwelling existing as of January 18, 2019, is converted to an accessory dwelling and there is no maximum square footage for the converted floor;

3. Building Height. The building height of detached accessory dwellings (i.e., separate cottages) shall not exceed 20 feet, as measured in accordance with FMC 19.13.020, except ADUs located above a detached garage shall comply with the building height standards for accessory uses and structures in subsections (E)(6)(d)(ii) and (iii) of this section;

4. Lot Coverage and Floor Area Ratio. The accessory dwelling and all other buildings shall not exceed the floor area ratio requirements in FMC 19.30.030(A)(14).

B. Manufactured Homes. Manufactured homes are permitted, subject to the following additional standards. Exception: The following standards do not apply to units which existed on site prior to the effective date of the ordinance codified in this title:

1. Thermal Envelope. The manufactured home shall be certified by the manufacturer to meet the thermal envelope requirements equivalent to those for a single-unit dwelling constructed under the State Building Code.

2. Prohibited. The manufactured home shall not be located in a designated historic district or immediately adjacent to a historic landmark (as is allowed by ORS 197.314).

C. Residential Care Homes and Facilities. Residential care homes are residential treatment or training homes or adult foster homes licensed by the state of Oregon. They may provide residential care alone, or in conjunction with treatment and/or training, for five or fewer individuals (“homes”) or six to 15 individuals (“facilities”) who need not be related. Staff persons required to meet state licensing requirements shall not be counted in the number of facility residents and need not be related to each other or the residents. Residential care homes and facilities shall comply with the following standards, consistent with Oregon statutes:

1. Licensing. All residential care homes shall be duly licensed by the state of Oregon.

2. Parking. All base zone parking standards apply (see Chapter 19.164 FMC).

D. Community Services/Parks. Public and institutional uses (as listed in Table 19.30.020.A) are allowed in the residential district subject to the following land use standards, which are intended to control the scale of these developments and their compatibility with nearby residences:

1. Development Site Area. The maximum development site area shall be eight acres, except that this standard shall not apply to parks and open space uses. Larger developments may be approved as a conditional use, in accordance with Chapter 19.440 FMC, Conditional Use Permits, or as part of a master planned development, in accordance with Chapter 19.450 FMC.

2. Vehicle Areas and Trash Receptacles. All vehicle areas (i.e., parking, drives, storage, etc.) and trash receptacles shall be oriented away from adjacent residences to the greatest extent practicable, and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height.

E. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot, except for accessory dwelling units. Typical accessory structures in the residential district include detached garages, sheds, workshops, greenhouses and similar structures. (For standards applicable to accessory dwellings, please refer to subsection A of this section.) All accessory structures shall comply with all of the following standards:

1. Primary Use Required. An accessory structure shall not be allowed without another permitted use (e.g., as listed in Table 19.30.020.A) pre-existing or developed simultaneously.

2. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.

3. Compliance with Land Division Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

4. Buffering. A minimum four-foot hedge or fence may be required to screen the accessory structure from dwellings on adjacent lots, unless a similar screen is provided or the distance to adjacent dwelling(s) is greater than 50 feet.

5. Lot Coverage. Existing lot coverage standards for the applicable district would apply.

6. Accessory structures are allowed subject to the following standards:

a. Accessory structures must comply with the setback requirements of the main building, except where specifically modified by this section.

b. Accessory structures 200 square feet or smaller must be located behind the front facade of the main building, but may be placed on the site with zero side and/or rear setbacks if in compliance with the Oregon Building Codes.

c. No accessory structure shall be erected or maintained and no existing accessory structure shall be altered, modified, converted, enlarged or moved unless such accessory structure is located on the lot in conformance with the following:

i. No accessory structure shall be located in a required front yard, nor shall an accessory structure be constructed on a lot which lacks a principal building.

ii. If attached to the principal building they shall fulfill the same front, side and rear yard setbacks as required of the principal building.

iii. No accessory structure shall encroach onto an easement of record unless detached, portable and written permission has been granted by the entity which is the grantee under the easement.

iv. The maximum size of an accessory structure on a lot up to one acre in size is 1,000 square feet. Lots larger than one acre shall have no accessory building size limit except as provided elsewhere in this code. An accessory dwelling unit may be combined with a detached garage as a second level unit on a lot up to one acre in size, provided the floor area of the accessory dwelling unit does not exceed 800 square feet and the floor area of the garage, excluding the accessory unit, does not exceed 1,000 square feet.

v. No accessory structure may be located closer than six feet from any other structure unless constructed to conform with the Oregon Building Codes.

vi. Lot coverage requirements apply to all accessory structures.

vii. Accessory structures situated on a corner lot and detached from the main building shall have a minimum side yard setback of 10 feet, except for accessory structures where private vehicles are stored and have an entrance from the street side yard, where a minimum street side yard setback of 20 feet shall be required.

viii. All accessory structures attached to the principal building shall meet the requirements of the Oregon Building Codes.

d. Accessory structures larger than 200 square feet must meet the following standards:

i. If located within five feet of the property line accessory structures shall be no more than 10 feet in height.

ii. If located at five feet or more, but less than the setback required for the principal structure, the building may be as tall as the main building or 20 feet in height, whichever is less.

iii. If located at a greater distance from the property line than the setback required for the principal building, the accessory structure may be as tall as the principal structure or 25 feet, whichever is less.

iv. Accessory structures 450 square feet or larger shall be constructed of materials that provide the same appearance, and be of a similar design to the main building.

F. Bed and Breakfast Inns.

1. Purpose. The purpose of this section is to provide standards for the establishment of a bed and breakfast inn.

2. Accessory Use. A bed and breakfast inn must be accessory to a household already occupying the structure.

3. Maximum Size. The bed and breakfast structure is limited to a maximum of five bedrooms for guests and a maximum of six guests per night.

4. Employees. The bed and breakfast facility may have up to two nonresident employees for the facility.

5. Food Service. Food services may only be provided to overnight guests of the bed and breakfast inn.

6. Owner-Occupied. The bed and breakfast inn shall be owner-occupied and shall maintain the exterior physical characteristics of a single-unit dwelling. No separate structures shall be allowed (except for usual residential accessory buildings such as sheds or detached garages).

7. Signs. One non-illuminated on-premises sign identifying the name of the bed and breakfast and the operator shall be permitted. The sign shall not exceed four square feet in area.

8. Monitoring. All bed and breakfast inns must maintain a guest logbook. It must include the names and home address of the guests, guests’ license plate number if traveling by car, dates of stay and the room number of each guest. The log must be available for inspection by city staff upon request. (Ord. 1-2024 § 1 (Att. A))

A. Purpose/Intent Statement. The residential medium density district is designed to provide land for larger multiple-unit housing and residential commercial uses to implement the Comprehensive Plan-identified need for maintaining higher density development, providing small commercial services within residential neighborhoods, and encouraging the development of multi-unit housing. New multi-unit developments shall comply with all of the following standards:

Figure 19.30.090.A – Multi-Unit Housing (Typical Site Layout)

B. Multi-Unit Housing Development Standards.

1. Common Open Space. Inclusive of required yard setbacks, a minimum of 10 percent of the site area shall be designated and permanently reserved as usable common open space in all multiple-unit developments. The site area is defined as the lot or parcel on which the development is planned, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.). Sensitive lands (e.g., wetlands, floodplains, steep hillsides) and historic buildings or landmarks open to the public and designated by the Comprehensive Plan or by the U.S. Department of the Interior may be counted toward meeting the common open space requirements.

2. Private Open Space. Private open space areas shall be required for ground-floor and upper-floor housing units based on all of the following standards:

a. Ground-floor housing units shall have front or rear patios or decks measuring at least 48 square feet. “Ground-floor housing” means the housing unit entrance (front or rear) is within five feet of the finished ground elevation (i.e., after grading and landscaping);

b. A minimum of 50 percent of all upper-floor housing units shall have balconies or porches measuring at least 48 square feet. “Upper-floor housing” means housing units which are more than five feet above the finished grade; and

c. Private open space areas shall be oriented toward common open space areas and away from adjacent single-unit residences, and adjacent and on-site trash receptacles, parking and drives, to the greatest extent practicable.

3. Exemptions. Exemptions may be granted for the first 50 units of a larger project when these developments are within one-quarter mile (measured walking distance) of a public park; and there is a direct, accessible (i.e., Americans with Disabilities Act-compliant), lighted, and maintained pedestrian trail or sidewalk between the site and the park. An exemption shall be granted only when the nearby park provides active recreation areas such as play fields, children’s play area, sports courts, walking/fitness course, or similar facilities.

4. Trash Receptacles. Trash receptacles shall be oriented away from adjacent residences and shall be screened with an evergreen hedge or solid fence or wall of not less than six feet in height. Receptacles must be accessible to trash pickup trucks.

C. Residential Commercial Standards.

1. Permitted Uses. Only those residential commercial uses specifically listed in Section 2 of Table 19.30.020.A are permitted. Residential and residential 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. Automobile-oriented uses, as defined in FMC 19.65.100(D) or where only service vehicles are parked.

2. Location. Residential commercial uses shall locate the front facade of the building along a city-designated collector or arterial street.

3. Building Mass Supplemental Standard. The maximum width or length of a residential commercial or mixed use (residential and commercial) building shall not exceed 80 feet (from end-wall to end-wall).

4. Floor Area Supplemental Standards. The maximum commercial floor area shall not exceed 5,000 square feet total per residential commercial site within the residential commercial district. 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).

5. Hours of Operation. Residential commercial land uses shall be limited to the following hours of operation: 7:00 a.m. to 10:00 p.m. with alternative hours proposed as a conditional use.

Figure 19.30.090.C – Residential Commercial (Typical Site Layout)

D. Design Standards for Muti-Unit Housing, Public and Institutional Buildings, Residential Commercial/Mixed Use Buildings.

1. Purpose. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles.

2. Applicability. This section applies to all of the following types of buildings, and shall be applied during site design review:

a. Multi-unit housing;

b. Public and institutional buildings;

c. Residential commercial and mixed use buildings.

3. Standards. All buildings which are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature (as shown in Figures 19.30.090.D(1) and 19.30.090.D(2)) may be used to comply with more than one standard.

Figure 19.30.090.D – Building Form (Multi-Unit Housing Example)

a. Building Form. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed 120 feet. All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces, as shown in the above figure. Along the vertical face of a structure, such features shall occur at a minimum of every 35 feet, and on each floor shall contain at least two of the following features:

i. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of five feet;

ii. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or

iii. Offsets or breaks in roof elevation of two feet or greater in height.

b. Eyes on the Street. All building elevations visible from a street right-of-way shall provide doors, porches, balconies, and/or windows. A minimum of 60 percent of front (i.e., street-facing) elevations, and a minimum of 30 percent of side and rear building elevations shall meet this standard. “Percent of elevation” is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. The standard applies to each full and partial building story.

Figure 19.30.090.D(1) – Examples of Design Details on a Duplex

c. Detailed Design. All buildings shall provide detailed design along all elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three of the following architectural features on all elevations, as appropriate for the proposed building type and style (may vary features on rear/side/front elevations):

i. Dormers;

ii. Gables;

iii. Recessed entries;

iv. Covered porch entries;

v. Cupolas or towers;

vi. Pillars or posts;

vii. Eaves (minimum six-inch projection);

viii. Off-sets in building face or roof (minimum 16 inches);

ix. Window trim (minimum four inches wide);

x. Bay windows;

xi. Balconies;

xii. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features);

xiii. Decorative cornices and rooflines (e.g., for flat roofs);

xiv. An alternative feature providing visual relief, similar to options in subsections (D)(3)(c)(i) through (xiii) of this section.

Figure 19.30.090.D(2) – Examples of Architectural Details

(Ord. 1-2024 § 1 (Att. A))

A. Manufactured Home Park. Manufactured home parks are permitted on parcels of one acre or larger within the manufactured home park (MH) district, subject to compliance with subsections (A)(1) through (5) of this section (in cases of conflict with state statutes, the statutes shall prevail; see ORS Chapters 197 and 446):

1. Permitted Uses. Manufactured homes, prefabricated homes, manufactured home park manager’s office, home occupations, and accessory structures which are necessary for the operation and maintenance of the manufactured home park (e.g., landscape maintenance). Recreational vehicles are permitted in manufactured home parks provided they are connected to utilities (per ORS 197.493). Home occupations shall comply with FMC 19.490.200, Home occupation permits.

2. Space. The minimum size pad or space for each home is 2,500 square feet; provided, that the overall density of the park does not exceed 14 units per acre. Each space shall be at least 30 feet wide and 40 feet long, in accordance with ORS 446.100(c).

3. Setbacks and Building Separation. The minimum setback between park structures and abutting properties is five feet. The minimum setback between park structures and public street rights-of-way is 15 feet. At least a 10-foot separation shall be provided between all dwellings. Dwellings shall be placed a minimum of 14 feet apart where flammable or combustible fuel is stored between units. Park structures shall be placed no closer than five feet to a park street or sidewalk/pathway. An accessory structure shall not be located closer than six feet to any other structure or dwelling, except that a double carport or garage may be built which serves two dwellings. When a double carport/garage is built, the carport/garage shall be separated from all adjacent structures by at least three feet.

4. Perimeter Landscaping. When manufactured homes are oriented with their back or side yards facing a public right-of-way, the city may require installation of fencing and planting of a 10-foot to 15-foot wide landscape buffer between the right-of-way and a manufactured home park for the privacy and security of residents or aesthetics of the streetscape.

5. House Design. Manufactured homes in parks shall meet the following design standards, consistent with ORS 197.314(6):

a. The manufactured home shall have a pitched roof with a slope not less than three feet in height for each 12 feet in width (14 degrees).

b. Exception. Subsection (A)(5)(a) of this section does not apply to manufactured homes sited within the city prior to the effective date of the ordinance codified in this title. (Ord. 1-2024 § 1 (Att. A))

Prior legislation: Ords. 6-2001, 3-2002, 3-2003, 3-2010, 1-2012 and 7-2018.

This district is intended for convenience retail and service establishments of limited scale to serve primarily the needs of nearby residents rather than the city as a whole. Such uses shall be physically and visually compatible with adjacent residential development through appropriate use of landscaping, access, parking, signs and architectural design. This district will promote walking to nearby neighborhood services. Vertically and horizontally mixed housing will be allowed on a conditional basis to promote live/work units for small business owners, and convenient housing for the elderly and those who choose not to use an automobile. (Ord. 6-2001 § 1)

A. Permitted Uses. The land uses listed in Table 19.60.020.A are permitted in the neighborhood commercial district, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 19.60.020.A, and land uses that are approved as “similar” to those in Table 19.60.020.A, may be permitted. The land uses identified with a “CU” in Table 19.60.020.A require conditional use permit approval prior to development or a change in use.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC.

C. Land Uses Prohibited in the Commercial District. Only uses specifically listed in Table 19.60.020.A, and uses similar to those in Table 19.60.020.A, are permitted in this district. The following uses are expressly prohibited: industrial uses, drive-up, drive-in and drive-through facilities. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

In the neighborhood commercial district, buildings are placed close to the street to create a vibrant pedestrian environment, to slow traffic down, provide a storefront character to the street, and encourage walking. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed use buildings for a walkable commercial area. Building setbacks are measured from the wall/facade to the respective property line. Setbacks for porches are measured from the edge of the deck or porch to the property line. The setback standards, as listed on the following page, apply to primary structures as well as accessory structures. The standards may be modified only by approval of a variance.

Building setbacks are as follows:

A. Front Setbacks.

1. Minimum Setback. There is no minimum front setback required.

2. Maximum Setback. The maximum allowable front setback is 10 feet. This standard is met when a minimum of 80 percent of the front building elevation is placed no more than 10 feet back from the front property line. On parcels with more than one building, this standard applies to the building with the largest street-facing facade. The setback standard may be increased by 50 percent (or five feet, whichever is greater) when a usable public space with pedestrian amenities (e.g., extra-wide sidewalk, plaza, pocket park, outdoor dining area or town square with seating) is provided between the building and front property line. (See also pedestrian amenities standards in FMC 19.60.080, and architectural standards in FMC 19.60.070 for related building entrance standards.)

B. Rear Setbacks.

1. Minimum Setback. The minimum rear setback for all structures shall be none for street-access lots, and eight feet for alley-access lots (distance from building to rear property line or alley easement) in order to provide space for parallel parking. If the property abuts a residential district, the side setback shall be the same as the base zone setback for the abutting residential property.

2. Through-Lots. For buildings on through-lots (lots with front and rear frontage onto a street), the front setbacks in subsection A of this section shall apply to both frontages.

C. Side Setbacks. There is no minimum side setback required, except that buildings shall conform to the vision clearance standards in Chapter 19.162 FMC, Access and Circulation, and the applicable fire and building codes for attached structures, firewalls, and related requirements.

D. Setback Exceptions. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the Uniform Building Code and Uniform Fire Code. Walls and fences may be placed on the property line, subject to the requirements of Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. (Ord. 6-2001 § 1)

A. Lot Coverage. There is no maximum lot coverage requirement, except that compliance with other sections of this code may preclude full (100 percent) lot coverage for some land uses.

B. Building Size. The building footprint is limited to 20,000 square feet. (Ord. 6-2001 § 1)

This section is intended to promote the walkable, storefront character of the neighborhood commercial district by forming short blocks and orienting (placing or locating) buildings close to streets. Placing buildings close to the street also slows traffic down and provides more “eyes on the street,” increasing the safety of public spaces. The standards, as listed on the following page and illustrated above, compliment the front setback standards in FMC 19.60.030.

A. Applicability. This section applies to new land divisions and all of the following types of development (i.e., subject to site design review):

1. Commercial and mixed use buildings subject to site design review.

2. Compliance with all of the provisions of subsections B through E of this section shall be required.

Figure 19.60.050.A – Block Layout (Typical)

B. Block Layout Standard. New land divisions and developments which are subject to site design review shall be configured to provide an alley or interior parking court, as shown above. Blocks (areas bound by public street right-of-way) shall have a length not exceeding 200 feet, and a depth not exceeding 200 feet. Pedestrian pathways shall be provided from the street right-of-way to interior parking courts between buildings, as necessary to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.

Figure 19.60.050.B – Building Orientation (Typical)

C. Building Orientation Standard. All of the developments listed in subsection A of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

1. The minimum and maximum setback standards in FMC 19.60.030 are met.

2. Buildings have their primary entrance(s) oriented to (facing) the street. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance facing a side when a direct pedestrian walkway not exceeding 15 feet in length is provided between the building entrance and the street right-of-way.

3. Off-street parking, driveways or other vehicular circulation shall not be placed between a building and the street, which is used to comply with subsection B of this section. Corner lots, buildings and their entrances shall be oriented to the street corner, as shown above; parking, driveways and other vehicle areas shall be prohibited between buildings and street corners.

D. Variances. Variances will be made in accordance with Chapter 19.520 FMC. The standard may be varied to address topographic or other physical constraints, in accordance with the provisions for Class B or C variances in Article IV of this title. (Ord. 6-2001 § 1)

All buildings in the commercial district shall comply with the following building height standards. The standards are intended to allow for development of appropriately scaled buildings with a storefront character:

Figure 19.60.060 – Building Height Diagram

A. Maximum Height. Buildings shall be no more than two and one-half stories or 35 feet in height, whichever is greater.

B. Method of Measurement. “Building height” is measured as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof (see Figure 19.60.060 for examples of measurement). The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of an exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (B)(1) of this section is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Not included in the maximum height are chimneys, bell towers, steeples, roof equipment, flagpoles, and similar features, which are not for human occupancy. (Ord. 6-2001 § 1)

A. Purpose and Applicability. The neighborhood commercial district architectural guidelines standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. This section applies to all of the following types of buildings:

1. Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

2. Commercial and mixed use buildings subject to site design review.

B. Guidelines and Standards. Each of the following standards shall be met. An architectural feature used to comply with one standard may be used to comply with another standard.

Figure 19.60.070 – Commercial District Building Design Elements (Typical)

1. Detailed Storefront Design. All buildings shall contribute to the storefront character and visual relatedness of commercial district buildings. This criterion is met by providing all of the architectural features listed in subsections (B)(1)(a) through (d) of this section along the front building elevation (i.e., facing the street), as applicable.

a. Corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner.

b. Regularly spaced and similar-shaped windows with window hoods or trim (all building stories).

c. Large display windows on the ground floor (nonresidential uses only). Bulkheads, piers and a storefront cornice (e.g., separates ground-floor from second story, as shown above) shall frame display windows.

d. Decorative cornice at top of building (flat roof); or eaves provided with pitched roof. (Ord. 6-2001 § 1)

A. Purpose and Applicability. This section is intended to complement the building orientation standards in FMC 19.60.050, and the street standards in Chapter 19.165 FMC by providing comfortable and inviting pedestrian spaces within the neighborhood commercial district. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the city’s neighborhood commercial districts, and contribute to a walkable district. This section applies to all of the following types of buildings:

1. Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

2. Commercial and mixed use buildings subject to site design review.

Figure 19.60.080 – Pedestrian and Transit Amenities (Typical)

B. Guidelines and Standards. Every development shall provide one or more of the “pedestrian amenities” listed in subsections (B)(1) through (4) of this section, and illustrated above. Pedestrian amenities may be provided within a public right-of-way when approved by the applicable jurisdiction.

1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance (minimum width of eight feet);

2. Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk (minimum of 16 inches in height and 30 inches in width);

3. Building canopy, awning, pergola, or similar weather protection (minimum projection of four feet over a sidewalk or other pedestrian space); 

4. Public art that incorporates seating (e.g., fountain, sculpture, etc.).

C. Transit Amenities. Development on sites that are adjacent to or incorporate transit streets shall provide improvements as described in this section at any existing or planned transit stop located along the site’s frontage, unless waived by the community development director.

1. Transit facilities include bus stops, shelters, and related facilities. Required transit facility improvements may include the dedication of land or the provision of a public easement.

2. Development shall at a minimum provide reasonably direct pedestrian connections, as defined in FMC 19.162.030, between building entrances and the transit facility and between buildings on the site and streets adjoining transit stops.

3. Improvements at Major Transit Stops. A proposed development that is adjacent to or includes an existing or planned major transit stop will be required to plan for access to the transit stop and provide for transit improvements, in consultation with TriMet and consistent with an agency adopted or approved plan at the time of development. Requirements apply where the subject parcel(s) or portions thereof are within 200 feet of a transit stop. Development requirements and improvements may include the following:

a. Intersection or mid-block traffic management improvements to allow for pedestrian crossings at major transit stops.

b. Building placement within 20 feet of the transit stop, a transit street or an intersection street, or a pedestrian plaza at the stop or at street intersections.

c. Transit passenger landing pads accessible to disabled persons to transit agency standards.

d. An easement or dedication for a passenger shelter and an underground utility connection to a major transit stop if requested by TriMet.

e. Lighting to TriMet standards.

f. Intersection and mid-block traffic management improvements as needed and practicable to enable marked crossings at major transit stops.

4. Any Type II land divisions where further divisions are possible, and all Type III land divisions, multiple-unit developments, community services uses, and commercial or industrial uses located on an existing or future planned major transit street shall meet the TriMet transit facility requirements. Applicants shall consult with TriMet to determine necessary transit facility improvements in conjunction with the proposed development. Proposals shall be consistent with the road crossing improvements that are identified in the transportation system plan on streets with existing or planned transit service. (Ord. 1-2024 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 6-2001 § 1)

This section supplements the standards contained in FMC 19.60.030 to 19.60.080. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the neighborhood commercial district:

•Residential Uses

•Accessory Uses and Structures

•Sidewalk Displays

A. Residential Uses. All residential developments shall comply with the standards in subsections (A)(1) through (A)(6) of this section which are intended to require mixed use development; conserve the community’s supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Residential uses, which existed prior to the effective date of the ordinance codified in this title, are exempt from this section.

Figure 19.60.090.A – Mixed Use Development in the Neighborhood Commercial District

1. Mixed Use Development Required. Residential uses shall be permitted only when part of a mixed use development (residential with commercial). Only “vertical” mixed use (housing above the ground floor) developments are allowed, subject to the standards in subsections (A)(2) through (A)(6) of this section.

2. Limitation on Street-Level Housing. No more than 50 percent of a single street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories. For parcels with street access at more than one level (e.g., sloping sites with two street frontages), the limitation on residential building space shall apply to all street frontages.

3. Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable lot, building size and building height standards.

4. Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of six feet. On corner lots, garage entrances shall be oriented to a side street when access cannot be provided from an alley.

5. Creation of Alleys. When a subdivision (e.g., four or more townhome lots) is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography make construction of an alley impracticable. As part of a subdivision, the city may require dedication of right-of-way or easements, and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site, in conformance with Chapter 19.162 FMC, Access and Circulation.

6. Common Areas. All common areas (i.e., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

B. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the neighborhood commercial district include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the neighborhood commercial district, as identified in Table 19.60.020.A. Accessory structures shall comply with the following standards:

1. Primary Use Required. An accessory structure shall not be allowed before or without a primary use, as identified in Table 19.60.020.A.

2. Setback Standards. Accessory structures shall comply with the setback standards in FMC 19.60.030(A), except that the maximum setback provisions shall not apply.

3. Design Guidelines. Accessory structures shall comply with the Neighborhood Commercial design guidelines, as provided in FMC 19.60.070.

4. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.

5. Compliance with Subdivision Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

C. Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile oriented). A minimum clearance of four feet shall be maintained. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment, is prohibited. (Ord. 6-2001 § 1)

A city goal is to strengthen the town center commercial district as the “heart” of the community and as the logical place for people to gather and create a business center. The town center commercial district is intended to support this goal through elements of design and appropriate mixed use development. This chapter provides standards for the orderly improvement of the district based on the following principles:

A. Efficient use of land and urban services;

B. A mixture of land uses to encourage walking as an alternative to driving, and to provide more employment and housing options;

C. Both formal and informal community gathering places;

D. A distinct storefront character that identifies commercial districts;

E. Connections to neighborhoods and other employment areas;

F. Reduced reliance on the automobile and reduced parking needs. (Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1)

A. Permitted Uses. The land uses listed in Table 19.65.020(A) are permitted in the town center commercial district, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 19.65.020(A), and land uses that are approved as similar to those in Table 19.65.020(A), may be permitted. The land uses identified with a “CU” in Table 19.65.020(A) require conditional use permit approval prior to development or a change in use. The land uses identified with an “L” in Table 19.65.020(A) are permitted but are subject to certain limitations as identified in notes following the table.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC.

C. Land Uses Prohibited in the Commercial District. Only uses specifically listed in Table 19.65.020(A), and uses similar to those in Table 19.65.020(A), are permitted in this district.

The following uses are expressly prohibited: industrial uses not permitted in section 4 of Table 19.65.020(A). (Ord. 2-2025 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 1-2021 § 1 (Att. A); Ord. 6-2001 § 1)

A. Purpose. A subarea of the TCC zone is designated as a Halsey Street storefront district. The purpose of the storefront district is to promote a concentration of retail and commercial destinations within a pedestrian-friendly environment. The storefront district concept is applied to multiple areas on Halsey Street across Fairview, Wood Village, and Troutdale. Developments within storefront districts are required to include a nonresidential use and meet additional or enhanced design standards.

B. Applicability. A map of the boundaries of the storefront district is provided in Figure 19.65.030(B). New developments and alterations to existing developments are subject to the applicable use regulations and design standards as identified in this section.

Figure 19.65.030(B) – Storefront District Map

C. Design Standards. Design standards for sites within a storefront district differ from sites outside a storefront district. See FMC 19.65.090.

D. Limitations on Residential Uses. Residential uses are limited in the storefront district. All developments that include a residential use must meet the following two standards:

1. Mixed Use Development Requirement. Residential uses shall be permitted only when part of a mixed use development. Both “vertical” mixed use (housing above the ground floor) and “horizontal” mixed use (housing on the ground floor) developments are allowed, subject to subsection (D)(2) of this section.

2. Limitation on Street-Level Housing. No more than 50 percent of the frontage on Halsey Street may be occupied by ground floor/street-level residential uses.

E. Flexible Nonresidential Uses in Mixed Use Developments. The following options are available to satisfy the requirement for a nonresidential use in a mixed use development:

1. Conventional Commercial Space. Provide a minimum of 1,000 square feet of conventional, enclosed commercial space meeting all applicable standards of the building code.

2. Food Cart Pod. A food cart pod with four or more food carts which meets the requirements of FMC 19.490.400 and includes a pedestrian access plaza which meets standard P1 of the Main Streets on Halsey Design Standards (Table 19.65.090(B)(2)).

3. Micro Retail Pod. A micro retail pod is a collection of retail shops or services which are operated in detached, prefabricated or mobile structures with associated site amenities. A micro retail pod must meet the following minimum standards:

a. Number of Retailers. The site must provide sufficient area for a minimum of three retailers. The site may also include up to three food carts. If the site includes four or more food carts, then the site must also meet the standards for a food cart pod in FMC 19.490.400.

b. Building Design.

i. Each individual building in a micro retail pod must not exceed 600 square feet in floor area.

ii. All buildings must be constructed with high-quality building materials that are compatible with other development on the site and the surrounding neighborhood. Prohibited materials include:

(A) Standard form concrete block (not including split-faced, colored or other block designs that mimic stone, brick or other similar masonry).

(B) Corrugated metal or fiberglass.

(C) Plastic or vinyl siding.

iii. All buildings must meet any applicable building code requirements associated with their intended use and occupancy.

c. Site Improvements and Amenities (See Figure 19.65.030(E)).

i. The micro retail pod must include a pedestrian access plaza which meets standard P1 of the Main Streets on Halsey Design Standards (Table 19.65.090(B)(2)).

ii. All buildings must orient their main entry or shopfront window to a pedestrian access plaza or to a public street.

iii. If food cart(s) are located on the site, then on-site restrooms shall be provided for employees and customers and be screened from view.

iv. Waste and recycling receptacles shall be provided for customer and business waste and be screened from view.

v. Lighting must be provided to illuminate the area when retailers operate during hours of darkness. No direct light source shall be visible from the property line. Lighting fixtures shall be oriented and/or shielded to prevent glare on abutting properties.

Figure 19.65.030(E) – Food Cart or Micro Retail Pod

(Ord. 1-2022 § 1 (Att. A))

In the town center commercial district, buildings are placed close to the street to create a vibrant pedestrian environment, to slow traffic down, provide a storefront character to the street, and encourage walking. The setback standards are flexible to encourage public spaces between sidewalks and building entrances (e.g., extra-wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed use buildings for a walkable commercial area.

Building setbacks are measured from the wall or facade to the respective property line. The setback standards, as listed on the following page, apply to primary structures as well as accessory structures. The standards may be modified only by approval of a variance.

A. Front Setbacks.

1. Minimum Setback. There is no minimum front setback required.

2. Maximum Setback.

a. Purpose. The intent of the maximum setback standard is to promote a comfortable and interesting pedestrian environment by creating visually interesting street frontages and a sense of enclosure on a street when experienced as a pedestrian.

b. Applicability. The maximum setback standard applies to all development as follows:

i. Expansions or additions to buildings must not increase the length of street-facing facade that does not conform to the maximum setback standard.

ii. If the number of vehicle parking spaces on the site exceeds the maximum number of spaces allowed in transit/pedestrian areas as provided in FMC 19.164.030(D), then expansions or additions to existing buildings must be sited in order to reduce the area dedicated to parking and vehicular circulation between the existing building and the street. The amount of parking and vehicular circulation area between the building and the street must be reduced by an amount equal to at least 50 percent of the footprint of the expansion or addition.

iii. On corner lots or lots with more than one frontage, the maximum setback only applies to the street property line which abuts the higher classification street. If the lot abuts two streets of the same classification, then the applicant may select which street property line the maximum setback applies to.

c. Standards.

i. Maximum Setback. Unless otherwise specified, the maximum a building can be set back from a street lot line is 10 feet. On sites within a storefront district, at least 75 percent of the length of the ground level street-facing facade of the building must meet the maximum setback standard. On all other sites, at least 50 percent of the length of the ground level street-facing facade of the building must meet the maximum setback standard. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features on the facade do not count towards meeting the maximum setback standard. The standard applies to the facade wall. See Figure 19.65.040(A).

ii. Improvements in the Setback Between a Building and a Street Lot Line. The land between any building and a street lot line must be landscaped to at least the standards of FMC 19.163.030(E)(1) and/or hard surfaced for use by pedestrians.

iii. Location of Parking Areas. Parking and vehicle circulation areas are prohibited in the setback area between the building and the street lot line. Parking and vehicle circulation areas must not be located within 10 feet of the street lot line on more than 50 percent of the length of the street frontage. Bicycle parking may be located in the area between a building and a street lot line when the area is hard surfaced.

3. Main Entrance.

a. Purpose. These requirements ensure that main entrances are visible and connected to the sidewalk by a pedestrian walkway.

b. Applicability. All sites with at least one frontage on a street, and where any of the floor area on the site is in nonresidential uses, must meet the following standards. If the site has frontage on more than one street the standards must be met on at least one street. These standards apply to the primary building(s) on a site (e.g., not to accessory structures).

c. Standards. For portions of a building within the maximum building setback, at least one main entrance for each nonresidential tenant space on the ground floor must meet the standards of this section.

i. Location. The main entrance must be within 25 feet of the street and must face the street or be at an angle of up to 45 degrees from the street, measured from the street property line.

ii. Entrance Design. The primary building entrances must be architecturally emphasized through the use of two or more of the following features: recessed doorway(s) at least two feet deep; overhangs or canopies at least three feet deep; transom windows; ornamental light fixtures; larger, transparent or more prominent doors; or pilasters or columns that frame the principal doorway.

iii. Walkway Connection. All primary entrances to a building (e.g., tenant entrance, lobby entrance, breezeway entrance, or courtyard entrance) must be connected to the sidewalk by a direct and continuous walkway.

Figure 19.65.040(A) – Building Orientation

B. Rear Setbacks.

1. Minimum Setback. The minimum rear setback for all structures shall be zero feet, except for doorways which will be recessed to assure safe exiting, for street-access lots, and eight feet for alley-access lots (distance from building to rear property line or alley easement) in order to provide space for parallel parking. When a building abuts a residential district the minimum rear setback shall be 15 feet.

2. Through-Lots. For buildings on through-lots (lots with front and rear frontage onto a street), the front setbacks in subsection A of this section shall apply.

C. Side Setbacks. There is no minimum side setback required, except that buildings shall conform to the vision clearance standards in FMC 19.162.020 and the applicable fire and building codes for attached structures, firewalls, and related requirements. When a building abuts a residential district the minimum side setback shall be 15 feet.

D. Setback Exceptions. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the Uniform Building Code and Uniform Fire Code. Walls and fences may be placed on the property line, subject to the requirements of Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. (Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1. Formerly 19.65.030)

This section is intended to promote the walkable, storefront character of the town center commercial district by forming short blocks and complete pedestrian walkway networks.

A. Applicability. This section applies to new land divisions and all of the following types of development (i.e., subject to site design review):

1. Three or more attached townhomes on their own lots (i.e., townhomes subject to site design review);

2. Duplex, triplex and quadplex developments with more than one building (i.e., duplex and triplex developments subject to site design review);

3. Multi-unit housing;

4. Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

5. Commercial and mixed use buildings subject to site design review.

Compliance with all of the provisions of subsections B through C of this section shall be required.

B. Block Layout Standard.

1. New land divisions and developments with more than one building, which are subject to site design review, shall be configured to provide an alley or interior parking court, as shown in Figure 16.85.050(B). When new public streets are created on larger sites, blocks (areas bound by public street right-of-way) shall have a length not exceeding 200 feet, and a depth not exceeding 200 feet.

2. Pedestrian pathways shall be provided from the street right-of-way to interior parking courts between buildings, as necessary to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.

3. Exceptions to the alley or interior parking court standard may be approved, and longer block lengths or depths allowed, when the proposed development provides a mid-block pedestrian pathway. The mid-block pedestrian pathway must connect across the site to both street frontages, be at least 10 feet in width, and be lit with pedestrian-scale lighting.

Figure 19.65.050(B) – Block Layout (Typical)

C. Variances. Variances will be made in accordance with Chapter 19.520 FMC. The standard may be varied to address topographic or other physical constraints, in accordance with the provisions for Class B or C variances in Chapter 19.520 FMC. (Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1)

All buildings in the town center commercial district shall comply with the following building height standards. The standards are intended to allow for development of appropriately scaled buildings with a storefront character.

A. Base Maximum Height. The base maximum building height in the town center commercial district is 45 feet. The base height limits can be increased through options described in FMC 19.65.070. A height step down adjacent to the street or abutting residential zones may be required; see subsection B of this section.

B. Height Step Down. In the following situations, the base height is reduced, or stepped down, to create a transition to areas with lower building heights or to reduce the massing of the building as seen from the street:

1. Adjacent to Residential Zone. The following step-down height limits apply within 25 feet of sites zoned residential. Sites with property lines that abut residential zones for less than a five-foot length are exempt from these standards:

a. On the portion of the site within 25 feet of a site zoned R, R-7.5, R-10, or VSF, the step-down height limit is 35 feet. See Figure 19.65.060(B).

b. On the portion of the site within 25 feet of a site zoned R/MF, VA, VTH, VO, VC, VMU, the step-down height limit is 45 feet. See Figure 19.65.060(B).

2. Across a Local Street or Alley from a Residential Zone. On the portion of the site within 15 feet of a lot line that is across a local street or alley, as identified in the Fairview Transportation System Plan (TSP), from any of the zones listed in subsection (B)(1) of this section, the step-down height limit is 45 feet.

3. Adjacent to Any Street. If a project is approved for a height bonus pursuant to FMC 19.65.070, then step-down height limit applies to a portion of the site as follows:

a. For sites eligible for a height bonus of 10 feet, allowing an overall height of 55 feet, the step-down height limit is 45 feet on the portion of the site within five feet of any street lot line. See Figure 19.65.060(B).

b. For sites eligible for a height bonus of 20 feet, allowing an overall height of 65 feet, the step-down height limit is 45 feet on the portion of the site within 15 feet of any street lot line. Additionally, any rooftop area within 15 feet of the street lot line must be usable outdoor space or developed as an eco-roof. See Figure 19.65.060(B).

Figure 19.65.060(B) – Height Step Downs

(Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1)

A. Purpose. The height bonus and parking credit options allow an increase in building height or a reduction in off-street parking requirements as an incentive for development that provides a public or community benefit.

B. Applicability. The bonus height or off-street parking credit options are available to any development meeting the criteria of this section. An option may be used to secure both a height bonus and parking credit(s) as identified in Table 19.65.070.

C. Height Bonus Options. A height bonus of 10 feet in addition to the base height identified in FMC 19.65.060 is allowed as identified in Table 19.65.070. A maximum of two height bonus options may be used for a total bonus of 20 feet.

D. Parking Credit Options. A percentage reduction in off-street parking requirements is allowed as identified in Table 19.65.070. More than one credit may be used; however, in no case shall the credits result in an off-street parking requirement that is less than one space per dwelling unit or two spaces per 1,000 square feet of nonresidential floor area. For mixed use developments that include both residential and nonresidential uses, each parking credit allows for a percentage reduction in parking requirements for both uses. The amount of the reduction should be calculated separately as applies to the use.

(Ord. 1-2022 § 1 (Att. A))

A. Purpose. These standards, along with the height and setback standards, limit the bulk of buildings close to the street. These standards help ensure that large buildings will be divided into smaller components that add visual interest and variety to the street environment.

B. Maximum Building Length. The maximum building length for the portion of a building located within 20 feet of a street lot line is 150 feet. The portions of buildings subject to this standard must be separated by a minimum of 20 feet when located on the same site. This standard is met if two buildings are entirely separated, or when one building includes a recess that is at least 20 feet in length and 20 feet in depth (see Figure 19.65.080(A)).

Figure 19.65.080(A) – Maximum Building Length

C. Facade Articulation.

1. Applicability. The facade articulation standard applies as follows:

a. The standard applies to buildings more than 20 feet high that have facade areas of more than 3,000 square feet that face a street lot line or a lot line that abuts a residential zone.

b. Portions of building facades that are vertically separated by a gap of at least 10 feet in width extending at least 20 feet in depth from the street property line are considered to be separate facade areas for the purposes of the facade area measurements.

2. Standard. At least 25 percent of the area of a facade that faces a street lot line or a lot line that abuts a residential zone must be divided into facade planes that either recess by at least two feet or project by at least two feet from the rest of the facade. Facade area used to meet the facade articulation standard may be recessed behind or project out from the primary facade plane, but projections into street right-of-way do not count toward meeting this standard (see Figure 19.65.080(B)).

Figure 19.65.080(B) – Facade Articulation

(Ord. 1-2022 § 1 (Att. A))

A. Purpose and Applicability. The town center commercial district design standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. This section applies to all of the following types of buildings:

1. Three or more attached townhomes on their own lots;

2. Duplex, triplex and quadplex developments with more than one building;

3. Multi-unit housing;

4. Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

5. Commercial and mixed use buildings subject to site design review.

B. Main Streets on Halsey Design Standards.

1. Purpose. The TCC zone includes properties that have frontage on NE Halsey Street. Halsey Street is an important corridor that connects the three cities of Fairview, Wood Village, and Troutdale. Halsey is the “main street” for each of these communities, a place where residents eat, shop, gather, and live. Halsey is also the gateway through which visitors experience each community, and it connects to the Historic Columbia River Highway and the Columbia River Gorge. The objectives of the Main Streets on Halsey Design Standards are to:

a. Facilitate a built environment that is a comfortable, safe, and attractive space for people to gather and spend time on Halsey Street;

b. Establish consistent patterns in the design of buildings and site improvements across the three cities to promote a coherent and distinct sense of place for Halsey Street as a whole;

2. Applicability. The design standards apply as follows:

a. Base Requirements. New development must meet all the standards identified in Table 19.65.090(B)(1) as required. Only the standards applicable to the development apply. Alterations to existing development must meet all the standards identified in Table 19.65.090(B)(1) as required. Only the standards applicable to the alteration apply.

b. Menu of Options for Additional Requirements. In addition, new development must meet enough of the standards identified in Table 19.65.090(B)(2) to total 10 points for sites in storefront districts and seven points in sites elsewhere in the TCC zone, or one point for every 1,000 square feet of site area, whichever is less.

Figure 19.65.090(A) – Ground Floor Design – Nonresidential (Selected Standards)

Figure 19.65.090(B) – Ground Floor Design – Residential

Figure 19.65.090(C) – Corner Features Standards

(Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1. Formerly 19.65.070)

This section supplements the standards contained in FMC 19.65.030 through 19.65.090. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the town center commercial district:

•Residential Uses

•Public and Institutional Uses

•Accessory Uses and Structures

•Automobile-Oriented Uses and Facilities

•Outdoor Storage and Display

A. Residential Uses. Higher density residential uses, such as multi-unit buildings and attached townhomes, are permitted to encourage housing near employment, shopping and services. All residential developments shall comply with the standards in subsections (A)(1) through (A)(4) of this section which are intended to avoid or minimize impacts associated with traffic and parking and ensure proper management and maintenance of common areas. Residential uses which existed prior to the effective date of this code are exempt from this section.

1. Density. There is no minimum or maximum residential density standard. Density shall be controlled by the applicable floor area and building height standards.

2. Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of the building; except that side yards facing a street (i.e., corner yards) shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front building elevation by a minimum of five feet. On corner lots, garage entrances shall be oriented to a side street when access cannot be provided from an alley.

3. Creation of Alleys. When a subdivision (e.g., four or more townhome lots) is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys are not required when existing development patterns or topography make construction of an alley impracticable. As part of a subdivision, the city may require dedication of right-of-way or easements, and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site, in conformance with Chapter 19.162 FMC, Access and Circulation.

4. Common Areas. All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the city prior to building permit approval.

B. Public and Institutional Uses. Public and institutional uses (as listed in Table 19.65.020(A)) are allowed in the town center commercial district, except that automobile-oriented uses shall comply with the standards in subsection D of this section. Typical automobile-oriented uses in this category include public works yards, equipment storage and repair, school bus companies, and similar facilities that store, repair or service automobiles, trucks, buses, heavy equipment and construction materials.

C. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the town center commercial district include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the town center commercial district, as identified in Table 19.65.020(A). Accessory structures shall comply with the following standards:

1. Primary Use Required. An accessory structure shall not be allowed before or without a primary use.

2. Setback Standards. Accessory structures shall comply with the setback standards in FMC 19.65.040, except that the maximum setback provisions shall not apply.

3. Design Guidelines. Accessory structures under 500 square feet are exempt from the design standards of FMC 19.65.090, except if the total floor area of all accessory structures on the site exceeds 1,500 square feet, then any new accessory structures must meet the design standards.

4. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.

5. Compliance with Subdivision Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

D. Automobile-Oriented Uses and Facilities. Automobile-oriented uses and facilities, as defined below, shall conform to all of the following standards in the town center commercial district. The standards are intended to provide a vibrant storefront character, slow traffic, and encourage walking.

1. Parking, Garages, and Driveways. All off-street vehicle parking, including surface lots and garages, shall be accessed from alleys, placed underground, placed in structures above the ground floor, or located in parking areas located behind or to the side of a building; except that side yards on corner lots shall not be used for surface parking. All garage entrances facing a street (e.g., underground or structured parking) shall be recessed behind the front elevation by a minimum of five feet. On corner lots, garage entrances shall be oriented to a side street (i.e., away from the more major street) when vehicle access cannot be provided from an alley. Individual surface parking lots shall not exceed a total of 200 parking spaces, or one-half city block, whichever is smaller; larger parking areas shall be in multiple story garages.

2. Automobile-Oriented Uses. “Automobile-oriented use” means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract from the pedestrian-friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses. Automobile-oriented uses shall comply with the following standards:

a. Vehicle Repair, Sales, Rental, Storage, Service. Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are permitted when the use does not exceed 5,000 square feet (indoor and outdoor). Outdoor storage and display for these uses is prohibited unless the use is in a fully enclosed structure.

b. Drive-Up, Drive-In, and Drive-Through Facilities. Drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses) are permitted only when accessory to a primary commercial “walk-in” use, and shall conform to all of the following standards:

i. The facility receives access from an alley or driveway, and not a street;

ii. None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, drop-boxes, and similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner. (Walk-up only teller machines and kiosks may be oriented to a corner);

iii. The facility is subordinate to a primary permitted use. “Subordinate” means all components of the facility, in total, occupy less street frontage than the primary commercial or public/institutional building; and

iv. No more than one drive-up, drive-in, or drive-through facility shall be permitted on one block, or for a distance of 400 linear feet along the same street frontage, whichever is less.

E. Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile-oriented). A minimum clearance of five feet shall be maintained. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment, is prohibited.

F. Light Industrial Uses.

1. High Traffic-Generating Uses. Uses which are likely to generate “significant” levels of vehicle traffic (e.g., due to shipping, receiving, and/or customer traffic) shall require a conditional use permit, in accordance with Chapter 19.440 FMC. “Significant traffic” means that the average number of daily trips, or the average number of peak hour trips, on any existing street would increase by 10 percent or greater as a result of the development. The city may require a traffic impact analysis prepared by a qualified professional prior to deeming a land use application complete, and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by Oregon Department of Transportation (ODOT) for developments that increase traffic on state highways. The conditional use permit shall include appropriate transportation improvement requirements, as identified by the traffic analysis, in conformance with Chapter 19.165 FMC.

2. Wireless Communication Equipment. Wireless communication equipment, including radio (i.e., cellular), television and similar types of transmission and receiving facilities are permitted, subject to the standards for wireless communication equipment in Chapter 19.245 FMC. (Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1. Formerly 19.65.090)

The corridor commercial district is intended to allow auto-accommodating commercial development while encouraging walking, bicycling, and transit. The district allows a full range of retail and service businesses with a local or regional market. Industrial uses are allowed but are limited in size to avoid adverse effects and ensure that they do not dominate the character of the commercial area. The district’s development standards promote attractive development, an open and pleasant street appearance and compatibility with adjacent residential areas. Development is intended to be aesthetically pleasing for motorists, transit users, pedestrians, and the businesses themselves. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

A. Permitted Uses. The land uses listed in Table 19.70.020.A are permitted in the corridor commercial district, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 19.70.020.A, and land uses that are approved as “similar” to those in Table 19.70.020.A, may be permitted. The land uses identified with a “CU” in Table 19.70.020.A require conditional use permit approval prior to development or a change in use.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC, Code Interpretations. (Ord. 2-2025 § 1 (Att. A); Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

A. Building Setbacks. In the corridor commercial district, setback standards are intended to support the purpose of the district to create an aesthetically pleasing, open and pleasant street appearance; to complement the building orientation standard; and to enhance visibility of commercial uses from the street. Building setbacks are measured from the wall or facade to the respective property line. The setback standards apply to primary structures as well as accessory structures. The standards may be modified only by approval of a variance.

1. Front Setbacks.

a. Minimum Setback. There is no minimum front setback.

b. Maximum Setback. The maximum setback is 20 feet.

c. Frontage Requirement. Building facades shall occupy a minimum of 50 percent of the frontage width at the maximum setback line.

2. Rear Setbacks.

a. Minimum Setback. The minimum rear setback for all structures shall be zero feet for street-access lots, and eight feet for alley-access lots (distance from building to rear property line or alley easement) in order to provide space for parallel parking. When a building abuts a residential district the minimum rear setback shall be 15 feet.

b. Through-Lots. For buildings on through-lots (lots with front and rear frontage onto a street), the front setbacks in subsection (A)(1) of this section shall apply.

3. Side Setbacks. There is no minimum side setback required, except that buildings shall conform to the vision clearance standards in Chapter 19.162 FMC, the landscaping and buffering requirements in Chapter 19.163 FMC, and the applicable fire and building codes for attached structures, firewalls, and related requirements.

4. Setback Exceptions.

a. Architectural Features. Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the Uniform Building Code and Uniform Fire Code. Walls and fences may be placed on the property line, subject to the requirements of Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

There are no maximum lot coverage or floor area ratio requirements, except that compliance with other sections of this code may preclude full (100 percent) lot coverage for some land uses. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

This section is intended to encourage the efficient use of space, and connectivity to parking areas. The standards, as listed on the following page and illustrated above, complement the front setback standards in FMC 19.70.030.

A. Applicability. This section applies to all new land divisions, site design review, and conditional use applications.

B. Pedestrian Access Standard. New land divisions and developments, which are subject to site design review or conditional use permits, shall provide pedestrian pathways as necessary to ensure reasonably safe, direct, and convenient access to building entrances and off-street parking.

1. From adjoining street right-of-way to building entrances and off-street parking these pathways shall be provided with an average maximum interval of 100 feet along the street right-of-way.

2. Between adjoining developments where practical.

3. In conformity with applicable requirements in Chapter 19.162 FMC, Access and Circulation.

C. Building Orientation Standard. All of the developments listed in subsection A of this section shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

1. Buildings shall have their primary entrance(s) oriented to (facing) the street with a direct pedestrian walkway connecting with the adjoining street right-of-way. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance facing a side when a direct pedestrian walkway not exceeding 30 feet in length is provided between the building entrance and the street right-of-way.

2. Off-street parking, driveways or other vehicular circulation shall not be placed between a building and the street. On corner lots, buildings and their entrances should be oriented to the street corner. Parking, driveways and other vehicle areas shall not be permitted adjacent to street corners. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

All buildings in the corridor commercial district shall comply with the following building height standards. The standards are intended to allow for development of appropriately scaled buildings.

A. Maximum Height. Buildings shall be no more than 45 feet in height.

B. Method of Measurement. Building height shall comply with the method of measurement described in the definition of “Building height” in FMC 19.13.020.

C. Performance Option. The allowable building height may be increased to 55 feet, when approved as part of a conditional use permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between the development and adjacent development. Roof equipment and other similar features which are necessary to a commercial or industrial operation shall be screened, and may not exceed eight feet in height without approval of a conditional use permit. (Ord. 1-2024 § 1 (Att. A); Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

A. Purpose and Applicability. The corridor commercial district architectural guidelines are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. This section applies to all development applications that are subject to site plan review or conditional use permits.

B. Guidelines and Standards. Each of the following standards shall be met. An architectural feature used to comply with more than one standard in this title.

1. Pedestrian-Oriented Design. All buildings shall contribute to the desired pedestrian-friendly character of corridor commercial district buildings. This criterion shall be met by providing all of the architectural features listed in subsections (B)(1)(a) through (d) of this section, along the front building elevation (i.e., facing the street), as applicable.

a. Corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner.

b. Regularly spaced and similar-shaped windows with window hoods or trim (all building stories).

c. Large display windows on the ground floor. Bulkheads, piers and a storefront cornice (i.e., separates ground floor from second story) shall frame display windows.

d. Decorative cornice at the top of a building (flat roof); or eaves provided with pitched roof.

Figure 19.70.070.B(2) – Design of Large-Scale Buildings and Developments (Typical)

[Note: the example shown above is meant to illustrate examples of these building design elements, and should not be interpreted as a required architectural style.]

2. Design of Large-Scale Buildings and Developments. The standards in subsection (B)(2)(c) of this section shall apply to large-scale buildings and developments, as defined in subsections (B)(2) (a) and (b) of this section:

a. Buildings with greater than 20,000 square feet of enclosed ground-floor space (i.e., “large-scale”). Multitenant buildings shall be counted as the sum of all tenant spaces within the same building shell;

b. Multiple-building developments with a combined ground-floor space (enclosed) greater than 40,000 square feet (i.e., shopping centers, public/institutional campuses, and similar developments);

c. All large-scale buildings and developments, as defined in subsections (B)(2)(a) and (b) of this section, shall provide human-scale design by conforming to all of the following criteria:

i. Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes, as shown above. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; small-scale lighting (i.e., wall-mounted lighting, or up-lighting); and similar features.

ii. Every building elevation adjacent to a street with a horizontal dimension of more than 100 feet, as measured from end-wall to end-wall, shall have a building entrance, which is open during business hours. Pathways shall connect all entrances to the street right-of-way, in conformance with Chapter 19.162 FMC, Access and Circulation, unless waived by the approval authority when the applicant can demonstrate that the building(s) is unable to provide such an entrance because the function of the building and/or the characteristics of the site do not allow an alternative floor plan or building orientation that could reasonably provide it. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

A. Purpose and Applicability. This section is intended to complement the building orientation standards in FMC 19.70.050, and the street standards in Chapter 19.165 FMC, by providing pedestrian spaces within the corridor center commercial district. This section applies to all development applications that are subject to site design review or conditional use permits.

B. Guidelines and Standards. Every development shall provide at least one of the “pedestrian amenities” listed in subsections (B)(1) through (4) of this section. Pedestrian amenities may be provided within a public right-of-way when approved by the applicable jurisdiction.

1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance (minimum width of eight feet);

2. Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk (minimum of 16 inches in height and 30 inches in width);

3. Building canopy, awning, pergola, or similar weather protection (minimum projection of four feet over a sidewalk or other pedestrian space);

4. Public art which incorporates seating (e.g., fountain, sculpture, etc.).

C. Transit Amenities. Development on sites that are adjacent to or incorporate transit streets shall provide improvements as described in this section at any existing or planned transit stop located along the site’s frontage, unless waived by the community development director.

1. Transit facilities include bus stops, shelters, and related facilities. Required transit facility improvements may include the dedication of land or the provision of a public easement.

2. Development shall at a minimum provide reasonably direct pedestrian connections, as defined in FMC 19.162.030, between building entrances and the transit facility and between buildings on the site and streets adjoining transit stops.

3. Improvements at Major Transit Stops. A proposed development that is adjacent to or includes an existing or planned major transit stop will be required to plan for access to the transit stop and provide for transit improvements, in consultation with TriMet and consistent with an agency adopted or approved plan at the time of development. Requirements apply where the subject parcel(s) or portions thereof are within 200 feet of a transit stop. Development requirements and improvements may include the following:

a. Intersection or mid-block traffic management improvements to allow for pedestrian crossings at major transit stops.

b. Building placement within 20 feet of the transit stop, a transit street or an intersection street, or a pedestrian plaza at the stop or at street intersections.

c. Transit passenger landing pads accessible to disabled persons to transit agency standards.

d. An easement or dedication for a passenger shelter and an underground utility connection to a major transit stop if requested by TriMet.

e. Lighting to TriMet standards.

f. Intersection and mid-block traffic management improvements as needed and practicable to enable marked crossings at major transit stops.

4. Any Type II land divisions where further divisions are possible, and all Type III land divisions, multiple-unit developments, community services uses, and commercial or industrial uses located on an existing or future planned major transit street shall meet the TriMet transit facility requirements. Applicants shall consult with TriMet to determine necessary transit facility improvements in conjunction with the proposed development. Proposals shall be consistent with the road crossing improvements that are identified in the transportation system plan on streets with existing or planned transit service. (Ord. 1-2024 § 1 (Att. A); Ord. 9-2019 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 6-2001 § 1)

This section supplements the standards contained in FMC 19.70.030 through 19.70.080. It provides additional standards for the following land uses in order to control the scale and compatibility of those uses within the corridor commercial district:

•Accessory Uses and Structures

•Automobile-Oriented Uses and Facilities

•Sidewalk Displays

•Light Industrial

•Residential Mixed-Use Development

A. Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the corridor commercial district include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the corridor commercial district, as identified in Table 19.70.020.A. Accessory structures shall comply with the following standards:

1. Primary Use Required. An accessory structure shall not be allowed before or without a primary use.

2. Setback Standards. Accessory structures shall comply with the setback standards in FMC 19.70.030, except that the maximum setback provisions shall not apply.

3. Design Guidelines. Accessory structures shall comply with corridor commercial district design guidelines, as provided in FMC 19.70.070.

4. Restrictions. A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right-of-way.

5. Compliance with Subdivision Standards. The owner may be required to remove an accessory structure as a condition of land division approval when removal of the structure is necessary to comply with setback standards.

B. Automobile-Oriented Uses and Facilities. Automobile-oriented uses and facilities, as defined below, shall conform to all of the following standards in the corridor commercial district. The standards are intended to provide a vibrant commercial character and encourage walking, bicycling, and transit.

1. Parking, Garages, and Driveways. On corner lots, parking lot or garage entrances shall be oriented to a side street (i.e., away from the more major street), unless topography, ownership patterns or unreasonable expense would make this requirement not practicable.

2. Automobile-Oriented Uses. “Automobile-oriented use” means automobiles and/or other motor vehicles are an integral part of the use. These uses are restricted because, when unrestricted, they detract from the pedestrian-friendly character of the district and can consume large amounts of land relative to other permitted uses. Automobile-oriented uses shall comply with the following standards:

a. Vehicle Repair, Sales, Rental, Storage, Service. Outdoor storage and display for these uses is prohibited unless the use is in a fully enclosed structure.

b. Drive-Up, Drive-In, and Drive-Through Facilities. Drive-up, drive-in, and drive-through facilities (i.e., associated with restaurants, banks, car washes, and similar uses) are permitted only when accessory to a primary commercial “walk-in” use, and shall conform to all of the following standards:

i. The facility receives access from an alley or driveway, and not a street;

ii. None of the drive-up, drive-in, or drive-through facilities (i.e., driveway queuing areas, windows, teller machines, service windows, drop-boxes, and similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner. (Walk-up only teller machines and kiosks may be oriented to a corner); and

iii. The facility is subordinate to a primary permitted use. “Subordinate” means all components of the facility, in total, occupy less street frontage than the primary commercial or public/institutional building.

C. Sidewalk Displays. Sidewalk display of merchandise and vendors shall be limited to cards, plants, gardening/floral products, food, books, newspapers, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile-oriented). A minimum clearance of five feet shall be maintained. Display of larger items, such as automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, building materials, and similar vehicles and equipment, is prohibited.

D. Light Industrial Uses.

1. High Traffic-Generating Uses. Uses which are likely to generate “significant” levels of vehicle traffic (e.g., due to shipping, receiving, and/or customer traffic) shall require a conditional use permit. “Significant traffic” means that the average number of daily trips, or the average number of peak hour trips, on any existing street would increase by 10 percent or greater as a result of the development. The city may require a traffic impact analysis prepared by a qualified professional prior to deeming a land use application complete, and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by Oregon Department of Transportation (ODOT) for developments that increase traffic on state highways. The conditional use permit shall include appropriate transportation improvement requirements, as identified by the traffic analysis and/or ODOT, in conformance with Chapter 19.165 FMC.

2. Wireless Communication Equipment. Wireless communication equipment, including radio (i.e., cellular), television and similar types of transmission and receiving facilities are permitted, subject to the standards for wireless communication equipment in Chapter 19.245 FMC. Wireless communication equipment shall also comply with required setbacks, lot coverage and other applicable standards of the corridor commercial district.

E. Residential Mixed-Use Development. The following standards apply to support the commercial and light manufacturing intent of the corridor commercial zoning district and the direction of the Comprehensive Plan:

1. Nonresidential uses must occupy the ground floor along 75 percent of the street-facing facade width.

2. Except for property located at the corner of NE 223rd and Sandy Boulevard, residential mixed-use development is prohibited within the corridor commercial zone east of NE 223rd Avenue. (Ord. 9-2019 § 1 (Att. A); Ord. 6-2001 § 1)

The light industrial district accommodates a range of light manufacturing, industrial-office uses, automobile-oriented uses (e.g., lodging, restaurants, auto-oriented retail), and similar uses which are not appropriate in the town center areas. The district’s standards are based on the following principles:

A. To ensure efficient use of land and public services;

B. To provide a balance between jobs and housing, and encourage mixed use development;

C. To provide transportation options for employees and customers;

D. To provide business services close to major employment centers;

E. To ensure compatibility between industrial uses and nearby residential areas;

F. To provide appropriately zoned land with a range of parcel sizes for industry;

G. To provide for automobile-oriented uses, while preventing strip-commercial development in highway corridors. (Ord. 6-2001 § 1)

A. Permitted Uses. The land uses listed in Table 19.80.020.A are permitted in the light industrial district, subject to the provisions of this chapter. Only land uses which are specifically listed in Table 19.80.020.A, and land uses which are approved as “similar” to those in Table 19.80.020.A, may be permitted. The land uses identified with a “CU” in Table 19.80.020.A require conditional use permit approval prior to development or a change in use.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC, Code Interpretations.

C. Only uses specifically listed in Table 19.80.020.A, and uses similar to those in Table 19.80.020.A, are permitted in this district. The following uses are expressly prohibited: new housing, and similar facilities, and nonvocational schools. (Ord. 2-2025 § 1 (Att. A); Ord. 6-2001 § 1)

Development setbacks provide building separation for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation. Building setbacks are measured from the building foundation to the respective property line.

A. Front Setbacks. The minimum front building setback shall be none, except that additional setback may be required to provide for planned widening of an adjacent street.

B. Rear Setbacks. There is no required rear setback, except that buildings shall be setback from the residential district by a minimum of 20 feet.

C. Side Setbacks. There are no required side setbacks, except that buildings shall be set back from the residential district by a minimum of 20 feet.

D. Other Requirements.

1. Buffering. A 20-foot minimum buffer zone shall be required between development and any adjacent residential district. The buffer zone shall provide landscaping to screen parking, service and delivery areas, and walls without windows or entries, as applicable. The buffer may contain pedestrian seating but shall not contain any trash receptacles or storage of equipment, materials, vehicles, etc. The landscaping standards in Chapter 19.163 FMC may require buffering other situations, as well.

2. Neighborhood Access. Construction of pathway(s) and fence breaks in setback yards may be required to provide pedestrian connections to adjacent neighborhoods or other districts, in accordance with Chapter 19.162 FMC, Access and Circulation.

3. Building and Fire Codes. All developments shall meet applicable fire and building code standards, which may require greater setbacks than those listed above (e.g., for combustible materials, etc.). (Ord. 6-2001 § 1)

The maximum allowable lot coverage in the light industrial district is 85 percent. The maximum allowable lot coverage is computed by calculating the total area covered by buildings and impervious (paved) surfaces, including accessory structures, as a percentage of total lot area. Compliance with other sections of this code may preclude development of the maximum lot coverage for some land uses. (Ord. 6-2001 § 1)

The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale:

A. Base Requirement. Buildings shall be no more than three stories or 45 feet in height, whichever is greater.

B. Performance Option. The allowable building height may be increased to 55 feet, when approved as part of a conditional use permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between the development and adjacent non-industrial development. Roof equipment and other similar features which are necessary to the industrial operation shall be screened, and may not exceed eight feet in height without approval of a conditional use permit.

C. Method of Measurement. Building height shall comply with the method of measurement described in the definition of “Building height” in FMC 19.13.020. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

All of the following standards shall apply to new development within the light industrial district in order to reinforce streets as public spaces and encourage alternative modes of transportation, such as walking, bicycling and use of transit.

A. Building Entrances. All buildings shall have a primary entrance oriented to a street. “Oriented to a street” means that the building entrance faces the street, or is connected to the street by a direct and convenient pathway not exceeding 30 feet in length. Streets used to comply with this standard may be public streets, or private streets that contain sidewalks and street trees, in accordance with the design standards in Chapter 19.163 FMC.

B. Corner Lots. Buildings on corner lots shall have their primary entrance oriented to the street corner, or within 15 feet of the street corner (i.e., as measured from the lot corner). In this case, the street corner shall provide an extra-wide sidewalk or plaza area with landscaping, seating or other pedestrian amenities. The building corner shall provide architectural detailing or beveling to add visual interest to the corner.

C. Pathway Connections. Pathways shall be placed through setbacks as necessary to provide direct and convenient pedestrian circulation between developments and neighborhoods. Pathways shall conform to the standards in Chapter 19.162 FMC.

D. Arterial Streets. When the only street abutting a development is an arterial street, the building’s entrance(s) may be oriented to an internal drive. The internal drive shall provide a raised pathway connecting the building entrances to the street right-of-way. The pathway shall conform to the standards in Article III of this title.

E. Buffers. The city may require a 30-foot landscape buffer (including berms, noise abatement structure, sound wall, etc.) between development in the light industrial district and adjacent residential district(s) to reduce light, glare, noise, and aesthetic impacts.

F. Commercial Developments. Commercial buildings and uses comprising more than 40,000 square feet of total ground-floor building space shall additionally conform to the block layout and building orientation standards for the town center commercial district, as contained in FMC 19.65.050. (Ord. 6-2001 § 1)

All developments in the light industrial district shall be evaluated during site design review for conformance with the criteria in subsections A and B of this section.

A. Building Mass. Where building elevations are oriented to the street in conformance with FMC 19.80.060, architectural features such as windows, pedestrian entrances, building off-sets, projections, detailing, change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes.

B. Pedestrian-Scale Building Entrances. Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian-scale.

Figure 19.80.070.A – Architectural Features (Typical)

[Note: the example shown above is meant to illustrate typical building design elements, and should not be interpreted as a required architectural style.]

(Ord. 6-2001 § 1)

A. High Traffic-Generating Uses. Uses which are likely to generate “significant” levels of vehicle traffic (e.g., due to shipping, receiving, and/or customer traffic) shall require a conditional use permit, in accordance with FMC 19.80.020(A). “Significant traffic” means that the average number of daily trips, or the average number of peak hour trips, on any existing street would increase by 10 percent or greater as a result of the development. The city may require a traffic impact analysis prepared by a qualified professional prior to deeming a land use application complete, and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by Oregon Department of Transportation (ODOT) for developments that increase traffic on state highways. The conditional use permit shall include appropriate transportation improvement requirements, as identified by the traffic analysis, in conformance with Chapter 19.165 FMC.

B. Wireless Communication Equipment. Wireless communication equipment, including radio (i.e., cellular), television and similar types of transmission and receiving facilities are permitted, subject to the standards for wireless communication equipment in Chapter 19.245 FMC. Wireless communication equipment shall also comply with required setbacks, lot coverage and other applicable standards of the light industrial district.

C. Watchperson’s Quarters. To be occupied by no more than two people, not to exceed 1,000 square feet in size, and such permit shall be renewed annually by the planning commission. In addition, use of the watchperson’s quarters, if approved, would be permitted only as long as the site need exists, with the assumption, rebuttable, that if the concerned area and use was no longer operational, the need would cease and be cause for revocation of permit. (Ord. 6-2001 § 1)

This district is intended for a broad range of uses, which can be located in areas where they do not directly affect the livability of residential neighborhoods and the quality and viability of commercial areas in the city. This district provides for the normal operation of an industry, which can meet and maintain the standards set in this section in order to reasonably protect nearby residential and commercial districts. The general industrial district accommodates a range of light and heavy industrial land uses. It is intended to segregate incompatible developments from other districts, while providing a high-quality environment for businesses and employees. This chapter guides the orderly development of industrial areas based on the following principles:

A. Provide for efficient use of land and public services;

B. Provide transportation options for employees and customers;

C. Provide appropriate design standards to accommodate a range of industrial users, in conformance with the Comprehensive Plan. (Ord. 6-2001 § 1)

A. Permitted Uses. The land uses listed in Table 19.85.020.A are permitted in the general industrial district, subject to the provisions of this chapter. Only land uses which are specifically listed below, and land uses which are approved as “similar” to those listed below, may be permitted. The land uses identified with a “CU” in Table 19.85.020.A require conditional use permit approval prior to development or a change in use.

B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in Chapter 19.480 FMC, Code Interpretations.

C. Land Uses Prohibited in General Industrial District. Only uses specifically listed in Table 19.85.020.A, and uses similar to those in Table 19.85.020.A, are permitted in this district. The following uses are expressly prohibited: new housing, churches and similar facilities and schools. (Ord. 2-2025 § 1 (Att. A); Ord. 6-2001 § 1)

Development setbacks provide separation between industrial and nonindustrial uses for fire protection/security, building maintenance, sunlight and air circulation, noise buffering, and visual separation.

A. Front, Side and Rear Setbacks.

1. None, unless the property abuts a parcel of land in a more restrictive manufacturing district (i.e., LI), or a commercial district, in which case the requirements of the abutting property shall apply. If an established building line exists, the setback may be the same as the established building line following approval by the planning commission.

2. If any use in this district abuts or faces any residential zone, a setback of 50 feet on the side abutting or facing the residential district may be required.

3. Setbacks for Insufficient Right-of-Way. Setbacks shall be established when a lot abuts a street having insufficient right-of-way width to serve the area. The necessary right-of-way widths and the setback requirements in such cases shall be based upon the Comprehensive Plan and applicable ordinances and standards.

B. Other Requirements.

1. Buffering. The city may require landscaping, walls or other buffering in setback yards to mitigate adverse noise, light, glare, and aesthetic impacts to adjacent properties.

2. Neighborhood Access. Construction of pathway(s) within setbacks may be required to provide pedestrian connections to adjacent neighborhoods or other districts, in accordance with Chapter 19.162 FMC, Access and Circulation.

3. Building and Fire Codes. All developments shall meet applicable fire and building code standards, which may require setbacks different from those listed above (e.g., combustible materials, etc.).

4. Groundwater Protection. All development shall meet the standards for the groundwater protection area. (Ord. 6-2001 § 1)

The maximum allowable lot coverage in the general industrial district is 85 percent. The maximum allowable lot coverage is computed by calculating the total area covered by buildings and impervious (paved) surfaces, including accessory structures. Compliance with other sections of this code may preclude development of the maximum lot coverage for some land uses. (Ord. 6-2001 § 1)

Industrial developments shall be oriented on the site to minimize adverse impacts (e.g., noise, glare, smoke, dust, exhaust, vibration, etc.) and protect the privacy of adjacent uses to the extent possible. The following standards shall apply to all development in the general industrial district:

A. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside enclosed buildings, shall be located away from residential areas, schools, parks and other nonindustrial areas to the maximum extent practicable; and

B. The city may require a landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or combination thereof) to mitigate adverse impacts that cannot be avoided through building orientation standards alone.

Figure 19.85.050 – Industrial Development Orientation

(Ord. 6-2001 § 1)

The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale:

A. Base Requirement. Buildings shall be no more than three stories or 45 feet in height, whichever is greater, and shall comply with the building setback standards in FMC 19.85.030.

B. Performance Option. The allowable building height may be increased to 55 feet, when approved as part of a conditional use permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between industrial development and adjacent nonindustrial development. Smoke stacks, cranes, roof equipment, and other similar features which are necessary to the industrial operation may not exceed 20 feet in height without approval of a conditional use permit.

C. Method of Measurement. Building height shall comply with the method of measurement described in the definition of “Building height” in FMC 19.13.020. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Uses With Significant Noise, Light/Glare, Dust, Vibration, or Traffic Impacts. The following uses shall require conditional use permit approval, in addition to development review or site design review:

1. Uses with Significant Noise, Light/Glare, Dust and Vibration Impacts. Uses which are likely to create significant adverse impacts beyond the industrial district boundaries, such as noise, light/glare, dust, or vibration, shall require conditional use approval, in conformance with Article IV of this title. The following criteria shall be used in determining whether the adverse impacts of a use are likely to be “significant”:

a. Noise. The noise level beyond the property line exceeds 65 dBA (24-hour average) on a regular basis.

b. Light/Glare. Lighting and/or reflected light from the development exceeds ordinary ambient light and glare levels (i.e., levels typical of the surrounding area).

c. Dust and/or Exhaust. Dust and/or exhaust emissions from the development exceeds ambient dust or exhaust levels, or levels that existed prior to development.

2. Traffic. Uses which are likely to generate unusually high levels of vehicle traffic due to shipping and receiving. “Unusually high levels of traffic” means that the average number of daily trips on any existing street would increase by 10 percent or more as a result of the development. The city may require a traffic impact analysis prepared by a qualified professional prior to deeming a land use application complete, and determining whether the proposed use requires conditional use approval. Applicants may be required to provide a traffic analysis for review by ODOT for developments that increase traffic on state highways.

3. Resource extraction, such as the operation of mineral and aggregate quarries and similar uses, shall require a conditional use permit in conformance with Article IV of this title. The applicant shall also be required to prepare a site reclamation plan for review and approval by the city and other affected agencies, prior to commencing resource extraction. The required scope of the reclamation plan shall be identified by the conditional use permit, and shall comply with applicable requirements of state natural resource regulatory agencies.

B. Residential Caretakers. One residential caretaker unit shall be permitted for each primary industrial use, subject to the following conditions:

1. The unit shall be served with public water and sanitary sewerage disposal, in conformance with city engineering requirements.

2. Caretaker units shall be required to meet applicable fire safety and building code requirements, in addition to the applicable setback standards of this chapter.

C. Wireless Communication Equipment. Wireless communication equipment includes radio (i.e., cellular), television and similar types of transmission and receiving facilities. The requirements for wireless communication equipment are provided in Chapter 19.245 FMC. Wireless communication equipment shall also comply with required setbacks, lot coverage and other applicable standards of the general industrial district.

D. Columbia River Uses Located North of Marine Drive.

1. Lot Coverage. The maximum allowable lot coverage in the general industrial district is 90 percent. The maximum allowable lot coverage is computed by calculating the total area covered by buildings and impervious (paved) surfaces, including accessory structures. Compliance with other sections of this code may preclude development of the maximum lot coverage for some land uses.

2. Building Height. The following building height standards are intended to promote land use compatibility and flexibility for industrial development at an appropriate community scale:

a. Base Requirement. Buildings shall be no more than 60 feet in height, and shall comply with the building setback/height standards in FMC 19.85.030, unless subject to additional standards in the airport overlay zone.

b. Performance Option. The allowable building height may be increased to 70 feet, when approved as part of a conditional use permit. The development approval may require additional setbacks, stepping-down of building elevations, visual buffering, screening, and/or other appropriate measures to provide a height transition between industrial development and adjacent non-industrial development. Smoke stacks, cranes, roof equipment, and other similar features, which are necessary to the industrial operation, may not exceed 20 feet in height without approval of a conditional use permit.

c. Method of Measurement. Building height shall comply with the method of measurement described in the definition of “Building height” in FMC 19.13.020. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. The purpose of this section is to impose special standards to protect and preserve the supply of industrial lands in Fairview in accordance with the limitations set out in Title 4 of Metro’s Urban Growth Management Functional Plan (see Figure 9-C in the Comprehensive Plan for all Fairview Adopted Title 4 Industrial and Employment Lands).

1. Limitation on Retail/Commercial Service Land Uses. Retail and commercial service uses (in accordance with FMC 19.85.020) are limited in size to a maximum of 5,000 square feet in gross floor area for a single outlet (e.g., convenience market, small restaurant, secondary use for wholesaler, similar use) and up to 20,000 square feet in gross floor area for a multi-building project.

2. Freight Network Analysis Required. A freight network impact statement is to be included in all traffic studies for proposed developments on properties identified as industrial lands in Title 4 of the Metro Urban Growth Management Functional Plan. The purpose of this statement is to analyze potential adverse effects of the proposed development on the regional freight system as identified in the regional transportation plan (RTP) and the Fairview transportation system plan. Freight routes located in Fairview include Interstate 84, Marine Drive, 223rd Avenue, Fairview Parkway, Sandy Boulevard, and Glisan Street.

3. Land Division Standards. Properties in the general industrial district that are identified as industrial lands as shown on the Title 4 Properties Map in the Comprehensive Plan shall be subject to certain land division restrictions. All land divisions in the general industrial district shall be in accordance with Chapter 19.430 FMC, Land Divisions and Lot Line Adjustments.

B. The following standards shall apply to all general industrial properties included in the Fairview Title 4 industrial land inventory:

1. Lots smaller than 50 acres may be divided into any number of smaller lots.

2. Lots 50 acres or larger may be divided into smaller lots and parcels pursuant to a master plan approved by the city or county so long as the resulting division yields at least one lot or parcel of at least 50 acres in size.

3. Lots 50 acres or larger may be divided (including those created pursuant to subsection (B)(2) of this section) into any smaller lots or parcels pursuant to a master plan approved by the city or county so long as at least 40 percent of the area of the lot or parcel has been developed with industrial uses or uses accessory to industrial use. (Ord. 5-2009 § 1 (Att. 1))

Uses permitted in the airport overlay district are any permitted in the zoning district in which the land is located, except as hereinafter provided. (Ord. 6-2001 § 1)

In order to carry out the provisions of this overlay zone, there are hereby created and established certain zones which include all of the land lying beneath the airport imaginary surfaces as they apply to the city of Fairview. Such zones are shown on the current airport approach and clear zone map, prepared by Oregon State Aeronautics Division.

This overlay zone is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of Fairview and Multnomah County. (Ord. 6-2001 § 1)

In addition to complying with the provisions of the primary zoning district, uses and activities shall comply with the provisions of this overlay zone. In the event of any conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provisions shall apply. (Ord. 6-2001 § 1)

A. “Airport approach safety zone” means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and extends to a width of: 1,250 feet for a utility runway having only visual approaches; 2,500 feet for a runway other than a utility runway having only visual approaches; 2,000 feet for a utility runway having a nonprecision instrument approach; and 3,500 feet for a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile. The airport approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet for each one foot upward (20:1) for all utility and visual runways and 10,000 feet at a slope of 34 feet for each one foot upward (34:1) for all nonprecision instrument runways other than utility.

B. “Airport hazard” means any structure, tree or use of land, which exceeds height limits established by the airport imaginary surfaces.

C. “Airport imaginary surfaces” means those imaginary areas in space which are defined by the airport approach safety zone, transitional zone, horizontal zone, clear zone and conical surface and in which any object extending above these imaginary surfaces is an obstruction.

D. “Clear zone” extends from the primary surface to a point where the approach surface is 50 feet above the runway and elevation.

E. “Conical surface” extends one foot upward for each 20 feet outward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the primary surface of each visual and utility at 150 feet above the airport elevation) and upward extending to a height of 350 feet above the airport elevation.

F. “Horizontal surface” means a horizontal plane of 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the primary surface of each visual or utility runway and 10,000 feet from the center of each of the primary surface of all other runways connecting the adjacent arcs by lines tangent to those arcs.

G. “Noise impact” means noise levels exceeding 55 Ldn.

H. “Place of public assembly” means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.

I. “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is 250 feet for utility runways having only visual approaches, 500 feet for utility runways having nonprecision instrument approaches and 500 feet for other than utility runways.

J. “Transitional zones” extend one foot upward for each seven feet outward (7:1) beginning on each side of the primary surfaces which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (horizontal surface).

K. “Utility runway” means a runway is constructed and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. (Ord. 6-2001 § 1)

A. Farm uses, excluding the raising and feeding of animals, which would be adversely affected by aircraft passing overhead.

B. Landscape nursery, cemetery or recreational areas, which do not include buildings or structures.

C. Roadways, parking areas and storage yards located in such manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the land approach surfaces must clear these areas by a minimum of 15 feet.

D. Pipeline.

E. Underground utility wire.

F. Single-unit dwellings, mobile homes, duplexes and multi-unit dwellings. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. A structure or building accessory to a permitted use.

B. Commercial and industrial uses, when authorized in the primary zoning district; provided the use does not result in the following:

1. Creating electrical interference with navigational signals or radio communication between the airport and aircraft.

2. Making it difficult for pilots to distinguish between airport lights or others.

3. Impairing visibility.

4. Creating bird strike hazards.

5. Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport.

6. Attracting large number of people.

C. Buildings and uses of public works, public service or public utility nature. (Ord. 6-2001 § 1)

A. To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces.

B. No place of public assembly shall be permitted in the airport approach safety zone.

C. No structure or building shall be allowed within the clear zone.

D. Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitations fixed shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.

E. No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone. (Ord. 6-2001 § 1)

The purpose of the culturally sensitive lands designation is to protect and conserve valuable cultural areas, while permitting appropriate development activities when carried out in a sensitive manner with minimal impacts on identified cultural resource values. (Ord. 3-2012 § 2 (Att. 1))

This chapter shall apply to those lands designated culturally sensitive in the Fairview Comprehensive Plan. (Ord. 3-2012 § 2 (Att. 1))

All uses permitted under the provision of the underlying zone are permitted on lands listed as having a culturally significant site; provided, however, that the location and design of any use, or change or alteration of a use, except as provided in FMC 19.100.040, shall be subject to a culturally sensitive permit.

Where an activity requires a permit or other approval from the state or other government entity, the applicant is encouraged to obtain final approval prior to submitting an application for a culturally sensitive permit. (Ord. 3-2012 § 2 (Att. 1))

A culturally sensitive permit shall not be required for the following:

A. Existing farm use, including accessory buildings and structures.

B. Activities to protect, conserve, enhance and maintain public recreational, scenic, historical and natural uses on public lands.

C. The expansion of capacity or the replacement of existing communication or energy distribution and transmission systems, except substations.

D. The maintenance and repair of existing flood control facilities.

E. Uses legally existing on the effective date of the ordinance codified in this chapter; provided, however, that any change or alteration of such use shall require a culturally sensitive permit as provided herein. (Ord. 3-2012 § 2 (Att. 1))

An application for a culturally sensitive permit for a use or for the change or alteration of an existing use on land designated culturally sensitive shall address the applicable criteria for approval and shall be filed with the city with the appropriate fees to be heard by the Fairview planning commission.

Applications for extraction of aggregates and minerals, depositing of dredge spoils and similar activities must, where applicable, include a copy of any necessary approval(s) from the Department of Environmental Quality regarding any applicable standards for water quality, noise, vibration and toxic or noxious matter as well as a copy of any necessary approval(s) from the Oregon Department of Geology and Mineral Industries for surface mining operations. Where such approvals are subject to conditions, the applicant shall provide a statement regarding compliance with those conditions. Where final approval is not obtained prior to submitting the application, the applicant will provide a statement from the relevant jurisdiction or other evidence that such approval is feasible. (Ord. 3-2012 § 2 (Att. 1))

A decision on an application for a culturally sensitive permit shall be based upon findings of consistency with the purposes of the culturally sensitive zone and with the criteria for approval specified in FMC 19.100.090. (Ord. 3-2012 § 2 (Att. 1))

A. A decision on a culturally sensitive permit application shall be made by the planning commission when an archaeological report demonstrates presence of culturally or historically significant materials.

B. The planning commission may approve or deny the proposal or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan and necessary to assure compatibility with FMC 19.100.090. (Ord. 3-2012 § 2 (Att. 1))

A. Conditions of approval of a culturally sensitive permit, if any, shall be designed to bring the application into conformance with the applicable policies of the Comprehensive Plan. Said conditions may relate to the locations, design and maintenance of existing and proposed improvements, including but not limited to buildings, structures and use areas, parking, pedestrian and vehicular circulation and access, natural vegetation and landscaped areas, fencing, screening and buffering, excavations, cuts and fills, signs, graphics, and lighting.

B. Approval of a culturally sensitive permit shall be deemed to authorize associated public utilities, including energy and communication facilities. (Ord. 3-2012 § 2 (Att. 1))

A. Buildings, structures and sites of historic significance shall be preserved, protected, enhanced, restored, and/or maintained with issuance of the culturally sensitive permit.

B. Archaeological sites shall be preserved for their historic, scientific and cultural value and protected from vandalism or unauthorized entry or, where preservation is not practical, inventoried.

C. Development activity within culturally sensitive areas shall be the minimum necessary to allow lawful use of the overall site, as determined by the planning commission at the time of review, and based upon the standards and purposes of this chapter.

D. Areas of erosion or potential erosion shall be protected from loss according to provisions specified in the city’s erosion control ordinance.

E. The Comprehensive Plan policies which pertain to natural resource sites shall be satisfied. (Ord. 3-2012 § 2 (Att. 1))

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) protect human life and health; (2) minimize expenditure of public money and costly flood control projects; (3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) minimize prolonged business interruptions; (5) minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) ensure that potential buyers are notified that property is in an area of special flood hazard; and (8) ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them their meaning in common usage and give these regulations their most reasonable application/scope.

As used in this chapter, unless the context requires otherwise:

A. “Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

B. “Area of shallow flooding” means a designated AO or AH zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

C. “Area of special flooding hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

E. “Basement” means any area of a building having its floor subgrade (below ground level) on all sides.

F. “Below-grade crawl space” means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height – measured from the interior grade of the crawlspace to the top of the crawlspace foundation – does not exceed four feet at any point.

G. “Breakaway wall” means a wall not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

H. “City” means the city of Fairview, Oregon.

I. “Council” or “city council” means the Fairview city council or such person(s) or entity(ies) designated by that body to perform the appeal or variance review functions given it by the terms of this chapter.

J. “Critical facility” means a facility where a slight chance of flooding may be too great. Critical facilities include:

1. Schools;

2. Nursing homes;

3. Hospitals;

4. Police, fire and other emergency response installations; and

5. Installations producing, using or storing hazardous materials or waste.

K. “Director” means the city’s community development director or designate.

L. “DEQ” means the Oregon Department of Environmental Quality.

M. “Development” means any manmade change to improved or unimproved real property, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

N. “DLCD” means the Oregon Department of Land Conservation and Development.

O. “Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

P. Flood or Flooding.

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters.

b. The unusual and rapid accumulation or runoff of surface waters from any source.

c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.

Q. “Flood insurance rate map (FIRM)” means an official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

R. “Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

S. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (one foot).

T. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of these regulations.

U. “Manufactured dwelling” means a structure transportable in one or more sections built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. The term “manufactured dwelling” does not include a “recreational vehicle.” The term “manufactured dwelling” is synonymous with the term “manufactured home.”

V. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

W. “New construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures.

X. “Recreational vehicle” means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Y. “Start of construction” includes substantial improvement, and means the date the building permit was lawfully issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a “substantial improvement,” the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Z. “State building code” means the combined specialty codes.

AA. “Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.

BB. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

CC. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s designation as a “historic structure.”

DD. “Variance” means a grant of relief by a community from the terms of a floodplain management regulation.

EE. “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2-2019 § 2 (Exh. 1))

A. This chapter applies to all areas of “special flood hazards” within the city as described in subsection (B) of this section.

B. The areas of “special flood hazard” are those areas identified by the Federal Insurance Administration in a report entitled “The Flood Insurance Study for the Multnomah County, Oregon and Incorporated Areas” (dated February 1, 2019; hereinafter “study”) along with accompanying FIRMs. Those documents are adopted by reference and declared to be part of this chapter. A copy of the maps and study are on file in the office of the public works director. The best available information for flood hazard area identification shall be the basis for regulation until a new FIRM is issued.

C. No structure shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. The city may seek any remedy lawfully available to it to effect compliance and, in the event the city is compelled to seek judicial redress for violation(s) of this chapter, the city shall be entitled to recover its reasonable attorneys and expert witness fees both at trial and on appeal.

D. This chapter is not intended to repeal, abrogate, or impair existing easements, covenants or deed restrictions. Where these regulations and another local, state or federal law conflict, the more restrictive shall control.

E. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional, then said holding shall in no way affect the validity of the remaining portions hereof.

F. These regulations shall be considered minimum requirements, liberally construed in favor of the city, and not deemed to either limit or repeal any other powers granted the city by state or federal law or its inherent plenary powers.

G. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2-2019 § 2 (Exh. 1))

A. Development Permit Required. A development permit shall be obtained prior to construction or development within any area of special flood hazard. The permit shall be for all structures and development as defined in FMC 19.105.020.

B. Application for Development Permit. Application(s) for a development permit shall be on forms furnished by the city, submitted to the director, and include plans in duplicate drawn to scale showing:

1. The nature, location, dimensions and elevations of the development area;

2. Existing and/or proposed structures;

3. Fill;

4. Storage of materials; and

5. Drainage facilities.

6. In addition to the foregoing, the following information is to be provided on the plans at the time application is made:

a. Elevation of the lowest floor (including basement) of all structures in relation to mean sea level;

b. Elevation in relation to mean sea level of flood-proofing in any structure;

c. Certification by a registered professional engineer or Oregon licensed architect that flood-proofing methods for nonresidential structure(s) meet the requirements set out in FMC 19.105.070(A)(2); and

d. Description of the extent (if any) to which a watercourse may be altered as a result of the development.

C. Designation and Duties of Floodplain Administrator. The director is hereby appointed to administer and implement this chapter by granting or denying development permit applications with its provisions; duties include (but are not limited to) the following:

1. Review of all development permit applications and all resulting permits to ensure compliance with requirements imposed by this chapter;

2. Determine whether appropriate federal, state, and/or local regulatory permits have been obtained;

3. Maintain all records pertaining to the provisions of this chapter for public inspection;

4. Notify adjacent communities, DLCD, and other appropriate state and federal agencies prior to the alteration/relocation of a watercourse and cause the submission of evidence thereof to the Federal Insurance Administration as well as requiring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

5. Make interpretations as to the location of boundaries of special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal;

6. Determine if the proposed development is located in the floodway. If the proposed development is located in a floodway, ensure the appropriate provisions of FMC 19.105.070 are met;

7. When base flood elevation data has not been provided (A and V zones), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state, or other sources in order to administer FMC 19.105.070;

8. Where base flood elevation data is provided through the flood insurance study, FIRM, or otherwise, the director shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below grade crawlspaces) of all new or substantially improved structures and whether the structure contains a basement;

9. For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in this section;

a. Verify and record the actual elevation (in relation to mean sea level); and

b. Maintain flood-proofing certifications required by this section;

10. Provide to building officials the base flood elevation and freeboard applicable to any building requiring a building permit; and

11. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement under this chapter.

D. Requirement to Submit New Technical Data.

1. Notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a letter of map revision (LOMR).

2. The applicant shall be responsible for preparing technical data to support the LOMR application and paying any processing application fees to FEMA.

3. Upon occurrence, notify the administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBMs and FIRMs accurately represent the community’s boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. (Ord. 2-2019 § 2 (Exh. 1))

The following uses are permitted conditionally in accordance with the specific and general standards outlined in this chapter:

A. All uses allowed in the base zone or existing flood hazard overlay zone.

B. Excavation and fill required to plant any new trees or vegetation.

C. Restoration or enhancement of floodplains, riparian areas, upland and streams. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1. Formerly 19.105.060)

The following uses are not permitted:

A. Any use otherwise prohibited in the base zone or existing flood hazard overlay zone.

B. Any uncontained area of hazardous materials as defined by DEQ. (Ord. 2-2019 § 2 (Exh. 1); Ord. 6-2001 § 1. Formerly 19.105.070)

A. In all areas of special flood hazards, the following is required:

1. Anchoring.

a. All new construction and substantial improvement(s) shall be anchored to prevent flotation, collapse, or lateral movement of the structure; and

b. All manufactured dwellings shall be anchored to prevent flotation, collapse, or lateral movement and installed using methods and practices designed to minimize flood damage. Anchoring methods may include, but are not limited to, use of overthe-top or frame ties to ground anchors (see FEMA’s “Manufactured Home Installation in Flood Hazard Areas”).

2. Construction Materials and Methods.

a. All new construction and substantial improvement(s) shall be constructed with materials and utility equipment resistant to flood damage;

b. All new construction and substantial improvement(s) shall be constructed using methods and practices designed to minimize flood damage; and

c. Electrical, heating, ventilation, plumbing, air-conditioning and other service equipment/facilities shall be designed and/or elevated or located to prevent water from entering or accumulating within the components during flooding.

3. Utilities.

a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with rules adopted by DEO.

4. Subdivision Proposals.

a. All subdivision proposals shall be consistent with the need to minimize flood damage;

b. All subdivision proposals shall have public utilities/facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage;

c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

d. Where base flood elevation data has not been provided nor available from an authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.

5. Review of Building Permits. Where elevation data is unavailable through the flood insurance study, FIRM or other authoritative source, building permit applications shall be reviewed with the aim of promoting safety from flooding. Use of historical data, high water marks, photographs of past flooding, etc. should be used where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

6. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

B. In areas of special flood hazard where base flood elevation data has been provided (Zones A1-30, AH, AE, and A), the following requirements are to be met:

1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation. Fully enclosed areas subject to flooding below the lowest floor are either prohibited or to be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an Oregon registered/licensed professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b. The bottom of all openings shall be no higher than one foot above grade;

c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and

d. If a building has more than one enclosed area below the lowest floor, each area shall be equipped with adequate flood openings.

2. Nonresidential Construction. New construction and/or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

a. Be flood-proofed such that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c. Be certified by a Oregon registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans.

3. Elevated Nonresidential Structures. All elevated nonresidential structures not flood proofed and with space below the lowest floor are either prohibited or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an Oregon registered/licensed professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b. The bottom of all openings shall be no higher than one foot above grade;

c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and

d. If a building has more than one enclosed area below the lowest floor, each area shall be equipped with adequate flood openings.

4. Persons flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building flood-proofed to the base flood level will be rated as one foot below.)

5. Manufactured Dwellings.

a. Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection (B)(1) of this section;

b. The bottom of the longitudinal chassis frame beam shall be at or above the BFE;

c. The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and

d. Electrical crossover connections shall be a minimum of 12 inches above BFE.

6. Recreational Vehicles. Recreational vehicles placed on sites in special flood hazard zones are required to:

a. Be on the site for fewer than 180 consecutive days; and

b. Be licensed and ready for highway use on its wheels or jacking system and attached to the site only by quick disconnect type utility and security devices; and

c. Have no permanently attached additions; or, alternatively,

d. Meet the requirements for manufactured dwellings in subsection (B)(5) of this section, including but not limited to the elevation and anchoring requirements for manufactured dwellings.

7. Below-Grade Crawlspaces. Below-grade crawlspaces are allowed subject to standards found in FEMA’s Technical Bulletin 11-01, “Crawlspace Construction for Buildings Located in Special Flood Hazard Areas”:

a. The building must be designed and anchored to resist flotation, collapse, and lateral movement as a result of hydrodynamic and/or hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can be addressed through openings described below.

b. Crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless designed by an Oregon registered/licensed architect or professional engineer.

c. The crawlspace is an enclosed area below the base flood elevation (BFE) and must have openings equalizing hydrostatic pressures by allowing the automatic entry and exit of floodwaters with the bottom of each flood vent opening no more than one foot above the lowest adjacent exterior grade.

d. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

e. Any building utility systems within the crawlspace must be elevated above BFE or designed so floodwaters cannot enter or accumulate within the system components. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

f. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

g. The height of the below-grade crawlspace measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analysis and building code requirements for flood hazard areas.

h. There must be a drainage system providing for removal of floodwaters from the interior area of the crawlspace such that the area is drained within a reasonable time after a flood event. The system will vary as a result of the site gradient and other drainage characteristics. Possible options include natural drainage through porous, well-drained soils and installation of drainage systems such as perforated pipes, drainage tiles, gravel or crushed stone top allowing for drainage by gravity or mechanical means.

i. The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

For more detailed information refer to FEMA Technical Bulletin 11-01.

8. Floodway Not Established. Where a regulatory floodway has not been designated, no new construction, substantial improvement(s) or other development (including fill) is permitted within Zones A1-30 and AE on the city’s FIRM, unless it is demonstrated that the cumulative effect(s) of the proposed development, when combined with other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the city.

9. Floodway Established. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to areas designated as floodways:

a. No encroachments (including fill), new construction, substantial improvement(s) and other development shall occur unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments will not result in any increase in base flood or floodway elevations during a base flood discharge.

b. If subsection (B)(9)(a) of this section is satisfied, all new construction and substantial improvement(s) shall comply with all applicable flood hazard reduction provisions.

c. Manufactured dwellings may be located in floodways only under the following circumstances:

i. If there is an existing manufactured dwelling, placement was permitted at the time of the original installation and its continued use is not a threat to life, health, property, or the general welfare of the public; or

ii. A new manufactured dwelling is replacing an existing one where the original placement was permitted at the time and the replacement will not be a threat to life, health, property or the general welfare of the public; and

iii. The location of the dwelling meets all the following:

(A) Demonstration that the manufactured dwelling and any accessory building(s), structure(s) or other improvement(s) will not result in any increase in flood levels during the occurrence of a base flood discharge;

(B) The replacement dwelling and any accessory building(s)/structure(s) are elevated so that the bottom of the longitudinal chassis frame beam is at or above the BFE;

(C) The replacement dwelling is placed, anchored and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the city;

(D) The replacement dwelling, its foundation supports and any accessory building(s)/structure(s) or property improvement(s) do not displace water so as to cause a rise in water level or divert water in a manner likely to cause erosion/damage to other properties;

(E) The replacement dwelling is appropriately zoned; and

(F) Location of the replacement dwelling will not violate any other local, state or federal law.

10. Shallow Flooding Areas. The following restrictions apply in shallow flooding areas:

a. New construction and substantial improvements of residential structures and manufactured homes shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM and at least two feet if no depth number is specified.

b. New construction and substantial improvements of nonresidential structures shall either:

i. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

ii. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level such that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect.

c. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

d. Recreational vehicles placed on sites must either:

i. Be on the site for fewer than 180 consecutive days; and

ii. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

iii. Meet the elevation and anchoring requirements for manufactured dwellings set out above.

11. Critical Facilities.

a. Construction of new critical facilities shall, to the extent possible, be located outside the limits of the special flood hazard area (SFHA) (100-year floodplain).

b. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the facility should be protected to the height noted. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 2-2019 § 2 (Exh. 1))

All variance requests are processed by the city according to the specifications set forth below.

A. The planning commission shall hear and decide requests for variances from the requirements of this chapter.

B. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination by the planning commission in the enforcement or administration of this chapter.

C. Those aggrieved by a decision of the planning commission who have standing in the land use procedure may appeal such decision to the city council.

D. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items listed in subsections E to N of this section have been fully considered. As the lot size increases, the technical justification for issuing the variance increases.

E. In reviewing an application for variance to the floodplain standards, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of any proposed development and its contents to flood damage and the impact of such damage on the owner(s) thereof;

4. The importance of services provided by the proposed development facility to the city and community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative location(s) for the proposed use not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

F. Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to procedures set forth in this section, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

G. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

H. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

I. Variances will only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of the variance will not result in increased flood heights, additional threat(s) to public safety, extraordinary public expense, creation of a nuisance, cause fraud on or victimization of the public nor otherwise conflict with existing local laws or regulations.

J. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

K. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry flood-proofing where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection D of this section and otherwise complies with FMC 19.105.070.

L. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

M. Upon consideration of the factors of subsection E of this section, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

N. The local floodplain administrator/director shall maintain records of all written notices, appeal actions, variance actions, including justification for their issuance, and shall report such variances to the Federal Insurance Administration upon request. (Ord. 2-2019 § 2 (Exh. 1))

A. The city has determined through review, investigation and development of appropriate regulation and guidelines to promote the application and utilization of the city’s Comprehensive Plan, that the city’s major water features the Columbia River, Fairview Creek, Osburn Creek, No Name Creek, Raintree Creek, Salmon Creek, Clear Creek, Fairview Lake, Columbia Slough, and associated wetlands and riparian areas, and upland habitat areas, as defined herein, are a valuable and irreplaceable natural resource to the community. It is the intention of the Fairview city council to protect and regulate the city’s natural resources with the following purposes:

1. To protect the natural functions of the city’s natural resources, including its soil structure and vegetation, to maintain water quantity and quality, store recharge and discharge groundwater, and reduce needs for future stormwater treatment, collection and control facilities.

2. To prevent property damage and degradation from storms and floods and to promote bank stabilization.

3. To protect and enhance valuable fisheries and wildlife habitat.

4. To provide an aesthetically pleasing and healthy environment.

5. To implement the city’s Comprehensive Plan.

6. To allow for the storage and conveyance of stream flows through existing and natural flood conveyance systems.

7. To minimize flood impacts, flood peak flows and wind and wave impacts.

8. To maintain water quality by reducing and sorting sediment loads, processing chemical and organic wastes and reducing nutrients.

9. To protect and enhance wildlife habitat.

10. To maintain water quality through the implementation of total maximum daily load (TMDL) requirements.

11. To promote recreational and education opportunities and public access to open spaces and natural resources.

12. Find the appropriate balance between resource protection and enhancement and reasonable development. Variable riparian resource protection areas of 35 feet, 40 feet, 55 feet and 75 feet are established as shown on the city’s adopted natural resources inventory map.

B. The purpose of the upland habitat areas is to protect habitat and wildlife areas while permitting appropriate development when carried out in a sensitive manner with minimal impacts on identified natural resource values.

C. The objectives of the natural resource code provisions are:

1. To protect waterbodies from chemical pollution and siltation by maintaining the vegetative cover and stability of the land surrounding them.

2. To maintain lower water temperatures by maintaining or enhancing vegetative cover.

3. To maintain an appropriate quantity, quality and rate of runoff from sites during and after any alteration, including construction, excavation, filling, earth removal, dredging, et al.

4. To reduce adverse impacts to wetland functions and values from adjacent development.

5. To slow the rate of stormwater runoff, thereby reducing flooding and erosion, and to improve summer water release, by maintaining healthy floodplains and wetlands.

6. To enhance in-stream habitat by protecting and enhancing silt-free rock and gravel bottoms, by maintaining in-stream boulders and woody debris that do not create or foster hazardous conditions.

7. To provide clear and objective standards and a discretionary review process, applicable to development in natural resource areas.

8. To allow and encourage habitat friendly development, while minimizing the impacts on fish and wildlife habitat functions.

9. To provide mitigation standards for the replacement of ecological functions and values lost through development in or adjacent to the city’s designated natural resource areas. (Ord. 3-2012 §§ 2, 3 (Att. 2))

For the purposes of this chapter, the following definitions shall apply:

A. “Alteration” means any change, addition, or modification to any existing structure or improvement on the site, including changes to site access, when such changes result in any one of the following: (1) intensification of the use(s) on the site, (2) intensification of the improvements on the site, or (3) changes that may have a detrimental effect on surrounding properties or a natural resource area. Alteration may or may not involve an increase in gross floor area. Alteration does not include “normal maintenance and repair.”

B. “Bank” means the land area bordering and/or confining a waterbody. The bank has a steeper slope than the bed, and usually has steeper slope than the surrounding landscape. The top of the bank is the first significant break in the slope between the toe of the bank at waterline and the surrounding landscape.

C. “Buffer averaging” means decreasing a portion of the riparian buffer within a proposed development site and increasing the buffer in another portion of the site if the buffer as adjusted will provide equivocal protection or enhance functions of the buffer area for water quality and habitat, provided the total area of the buffer on the development proposal site does not decrease.

D. “Canopy” means area of the tree above the ground, measured in mass or volume including the trunk and branches.

E. “Channelize” means to change the location of a drainage way by digging a new channel and diverting the water from the old channel into the new one.

F. “Cutting” means the falling or removal of a tree, or any procedure that naturally results in the death or substantial destruction of a tree. “Cutting” does not include normal trimming or pruning, but does include topping of healthy trees. Topping of hazard trees to alleviate the hazard is not considered cutting.

G. “Dangerous tree” means the condition or location of the tree presents a clear public safety hazard or an imminent danger of property damage, and such hazard or danger cannot reasonably be alleviated by treatment or pruning.

H. “Dead tree” means the tree is lifeless.

I. “Disturbance” means to make changes to the existing physical status of the land that are made in connection with development.

J. “Disturbed areas” means areas within natural resources and associated protection areas lack significant values and functions associated with the resource.

K. “Dying tree” means the tree is diseased, infested by insects, deteriorating, or rotting, and cannot be saved by reasonable treatment or pruning, or must be removed to prevent the spread of infestation or disease to other trees.

L. “Erosion” means the detachment of solid particles by water, wind, ice, or other physical activity.

M. “Excessive tree trimming or cutting” means any act which causes, or may reasonably be expected to cause, the healthy tree to die by cutting or removing of crown, trunk, or root system of a plant; the uprooting or severing of the main trunk of the tree including without limitation damage inflicted upon the root system by machinery, storage materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials. This definition does not apply to dying or hazardous trees.

N. “Habitat assessment” means an approach for identifying and assessing the elements of a resources habitat. It is based on a simple protocol using observations of water and upland resource habitat characteristics and major physical attributes. A habitat assessment is useful as: (1) a screening tool to identify habitat stressors and (2) a method for learning about water ecosystems and environmental stewardship.

A habitat assessment includes a general description of the site, a physical characterization and water quality assessment, and a visual assessment of in-stream and riparian habitat quality.

O. “Major pruning” means removal of over 20 percent of the tree’s canopy, or injury to, or cutting of over 10 percent of the root system, during any 12-month period.

P. “Map” means the adopted city of Fairview natural resource map.

Q. “Normal maintenance and repair” includes maintenance, repair, or demolition of existing legal structures and facilities provided there is no change in the location or increase in the footprint of any building, impervious surface, or outdoor storage within the resource protection area, no other site changes are proposed that could result in the increased direct stormwater discharge to the natural resource area.

R. “Qualified professional” means an individual who is professionally qualified and has proven expertise and experience in a given natural resource field.

S. “Resource protection area” means the actual mapped resource and includes any of the following: 35-, 40-, 55-, or 80-foot riparian resource protection area, 50-foot wetland buffer, 50-foot Fairview Lake buffer, or upland habitat area. All identified on the Fairview natural resource map. The riparian resource areas shall be measured from centerline of the water feature in each direction to create a 160-foot corridor (80 feet in each direction from creek centerline), 110-foot corridor (55 feet in each direction from creek centerline), and 80-foot corridor (40 feet in each direction from creek centerline), and 70-foot corridor (35 feet in each direction from creek centerline).

T. “Riparian” means the environment (soil, plants, animals) adjacent to a river or lake which affects the waterbody and which is affected by it.

U. “Stormwater” means surface water that washes off land, including impervious surfaces such as roofs and pavement, during periods of precipitation.

V. “Stream” means a body of moving water including creeks, brooks, and rivers, which moves in a definite channel.

W. “Top of bank” means first significant break in the slope between the toe at the bank of the water line and the surrounding landscape.

X. “Upland habitat area” means vegetated areas adjacent to or near water features that provide valuable functions to the city’s riparian and wetland areas for fish and wildlife.

Y. “Waterbody” means an area, which is covered by surface or near-surface groundwater, either continually or for sufficiently long periods to become the primary factor determining the landscape and the vegetative community. The term shall include rivers, streams, other drainage ways, lakes, ponds, and wetlands.

Z. “Wetland” means land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted to life in saturated soil conditions. (Ord. 10-2015 § 2 (Exh. 1); Ord. 3-2012 §§ 2, 3 (Att. 2))

A. Implementation of this chapter is in addition to, and shall be coordinated with, FMC Title 19, Development Code, and FMC Title 16, Environmental Regulations.

B. When this chapter conflicts with other sections of the Fairview Municipal Code, the more restrictive provision shall apply.

C. The requirements of this chapter apply in addition to all applicable local, regional, state, and federal regulations, including those for wetlands and flood management areas. Where this chapter imposes restrictions that are more stringent than regional, state, and federal regulations, the more stringent regulation shall apply.

D. Development in or near wetlands and streams may require permits from the Oregon Department of State Lands (DSL) and the U.S. Army Corps of Engineers (Corps). If a federal permit is required, a water quality certification from the Oregon Department of Environmental Quality (DEQ) may also be required. The public works director shall notify DSL and the Corps when an application for development within streams and wetlands is submitted. Applicants are encouraged to contact the above-mentioned agencies first before preparing development plans. (Ord. 3-2012 §§ 2, 3 (Att. 2))

The redevelopment of parcels with map and tax lots 1N3E2200504, 1N3E2200503, and 1N3E2100100 to river oriented uses, as defined below, shall be exempt from the requirements of this chapter. The exemption shall be from the mapped riparian resource of the Columbia River. However, all applicable state and federal requirements relating to natural resource protection shall apply. The applicant shall submit demonstration of state and federal approvals with the applicable city of Fairview applications for redevelopment in order to demonstrate the proposal complies with state and federal requirements and conditions of approval. Continuation of and improvements to the existing on-site development (at time of the code adoption – September 5, 2012) and redevelopment to uses other than river oriented uses as described below will be subject to the 50-foot riparian buffer requirements of this chapter.

“River oriented redevelopment” means the redevelopment of industrial properties along the Columbia River consistent with the goals of providing river-oriented recreational, residential, and commercial development as described in the 2004 Comprehensive Plan.

The activities exempt from the city’s natural resource review process as described above include: roadway construction, utility extensions, recreational facilities, residential and commercial developments, tourist facilities, parking facilities, bike paths, walkways, promenades, docks, wharfs, piers, scenic view points, marinas, and related boating services along the Columbia River. (Ord. 3-2012 §§ 2, 3 (Att. 2))

A. Standards outlined in this section apply to the city’s riparian resources and upland habitats as shown on the city of Fairview natural resource map adopted by the city council on September 5, 2012, (hereon referred to as “the map”) which includes the Columbia River and Fairview Creek, Osburn Creek, No Name Creek, Salmon Creek, Rain Tree Creek, and Clear Creek, and mapped wetlands and upland habitat.

B. Each resource has been designated with a specific protection area as shown on the map. The map shows Fairview’s riparian resources that are subject to either a 35-, 40-, 55-, or 80-foot riparian buffer resource protection area. The protection areas are measured from the centerline of the creek in each direction either 35, 40, 55, or 80 feet as shown on the map. Where there are multiple reaches of waterbodies the protection area shall be measured from the centerline of each reach.

Other water resources that appear on the map, but are enclosed in pipes, culverts, or similar structures, are not subject to the provisions of this chapter, except where a proposed activity such as an excavation will expose or directly disturb the protected water feature. Site development on properties containing unexposed mapped water quality features shall not prevent the future possibility of daylighting the water feature. If an applicant chooses to daylight a water feature, the maximum buffer width of the underlying designation may not apply to the portion that will be daylighted/exposed. However, a minimum buffer width of 25 feet from centerline shall be applied.

1. Riparian Resource Protection Areas. The riparian resource protection area includes the mapped resource and the area of land immediately adjacent to the edges of banks located along the Columbia River and Fairview Creek, Osburn Creek, No Name Creek, Salmon Creek, Rain Tree Creek, and Clear Creek.

Each resource protection area has a specific required buffer of either 80 feet (160-foot total width), 55 feet (110-foot total width), 40 feet (80-foot total width), and 35 feet (70-foot total width) as set forth below and as shown on the adopted map. The resource protection area shall be measured from the centerline of the creek.

a. The 80-foot resource protection area applies to:

• Fairview Creek from the city’s southern boundary of Glisan Street to the eastern portion of Fairview Community Park. However, the platted buffer designated with the development of the Fairview Village shall apply to the northern portion of Fairview Creek where it abuts the Village commercial, Village apartment and Village townhouse zones as shown on the adopted map. The southern side of Fairview Creek where it abuts city of Fairview property is subject to an 80-foot resource protection area as shown on the map.

b. The 55-foot resource protection area applies to:

• Fairview Creek at the property line between the northern property line of 15 Matney Street and the southern property line of 2010 Fairview Avenue, as shown on the adopted map, running northward to Fairview Lake.

• Salmon Creek

• Columbia River; the Columbia River protection area shall be measured from the mean high water line.

c. The 40-foot resource protection area applies to:

• Fairview Creek from the city detention pond located just north of Fairview Village north toward Smith Memorial Church, as shown on the adopted map.

• No Name Creek

• Rain Tree Creek

d. The 35-foot resource protection area applies to:

• Osburn Creek

e. Previously Platted Protection Areas. Previous subdivision developments set aside resource areas for Fairview Creek and Osburn Creek (and associated wetlands) in easements and tracts. Development was permitted around the resource and the buffer was reviewed at time of development. The map shows the protection area as the mapped tract or easement and development is only permitted within the mapped areas as provided on the plat and/or conditions of the development approval.

i. Lakeshore Estates 2.

ii. Heron Point.

iii. Pelfrey South Shore Estates 1 and 2.

2. Wetland Resource Protection Areas. A buffer area which measures at least 50 feet shall be established between any mapped wetland areas identified on the map and any proposed development. Permitted uses within the underlying zone are allowed to be constructed on properties with mapped wetlands when the development is not located within the wetland or the 50-foot wetland buffer. However, development within 15 feet of a wetland buffer is subject to a Type I wetland boundary verification process (FMC 19.106.070(A)). Mitigation shall be required for all development within the required wetland buffer (subsection (E)(2)(b) of this section).

Minor development is permitted through the Type I and Type II land use process as shown in Table 19.106.040(B).

Significant development within the 50-foot buffer may be permitted subject to a Type III land use application and when the applicant demonstrates:

• The development is the minimum necessary to allow legal use of the property; and

• The development complies with U.S. Army Corps of Engineers and Division of State Land permit requirements.

3. Upland Habitat Resource Protection Areas. Upland habitat areas provide valuable functions to the city’s riparian and wetland areas and to fish and wildlife. The purpose of this section is to encourage habitat friendly development while minimizing impact on water quality and fish and wildlife habitat functions. Development within 15 feet of a mapped upland habitat area is subject to a Type I boundary verification process.

Development of uses listed in Table 19.106.040(B) is permitted on areas mapped with an upland habitat designation subject to the exception process in subsection (D) of this section. To achieve the goals of re-establishing forest canopy that meets the ecological values and functions when development intrudes into an upland habitat area, tree replacement and vegetation planting are required per subsection (E) of this section, Mitigation.

*Type III – Subject to standards of FMC 19.106.040(D)(1)(e), Buffer Averaging.

C. Development and Construction Standards. The following standards apply to development and construction in the resource protection areas identified in this section (this section and as permitted in Table 19.106.040(B)). These standards do not apply to Fairview Lake or natural resources located within Fairview Village. An applicant wishing to deviate from these standards to increase the allowable development footprint may make a request to the planning commission through the Type III review process and the exception process listed in subsection D of this section. The request may only be made for permitted uses listed in Table 19.106.040(B).

1. All plantings installed must be native plantings approved on the Metro Native Plant List and be deemed compatible with the environment in which they are to be planted. Plantings shall be in compliance with subsection E of this section, Mitigation.

2. Benches may not exceed eight feet in length and may be no larger than the average industry standards for bench width.

3. Areas disturbed for seating and viewing cannot exceed 300 square feet of applicable resource protection area. Only one seating or viewing area may be installed per 100 feet by 100 feet of applicable resource protection area. Mitigation shall be provided consistent with subsection E of this section.

4. Private natural pathways or trails shall be no wider than 30 inches. Where trails or paths include stairs, the stair width shall not exceed 50 inches. Trails and pathways shall be constructed using nonhazardous, pervious materials where applicable. Raised boardwalks may be considered by the public works director only when needed to lessen impacts to resource areas. Trails shall provide the most direct access to the resource area and shall not excessively meander.

5. Public pathways on public property or easements shall be no wider than five feet and shall be constructed using nonhazardous, pervious materials where applicable. Pathways may be larger than five feet if necessary to comply with ADA requirements or if the public works director deems necessary. Trails shall be constructed using nonhazardous, pervious materials where applicable. Raised boardwalks may be considered only when the applicant demonstrates they are needed to lessen negative impacts to the resource area.

6. Stream bank, bed, or water alteration proposals and applications shall be prepared by a qualified professional and must include submission of a city of Fairview habitat assessment form.

7. Minor encroachments in commercial areas for outdoor seating or resource viewing may not exceed 500 square feet in area per 100 lineal feet of resource buffer. Encroachments are subject to mitigation requirements and resource protection area buffer averaging.

8. Use of heavy machinery or herbicides for invasive and nonnative plant removal is not permitted unless special exception is granted by the public works director.

9. Erosion/sedimentation control devices shall be installed between the area to be disturbed by the proposed development and construction and the adjacent water feature; these devices shall comply with specifications and procedures outlined in the soil erosion control ordinance (Chapter 16.15 FMC), must be installed prior to any soil disturbance, and remain in place during construction and afterwards until the soil has stabilized.

10. Stormwater detention and filtration facilities which are designed according to the best management practices described in the standard specifications ordinance and related ordinances and technical guidance manuals shall be provided when applicable.

11. Bridges, culverts and similar structures shall be designed and constructed to facilitate fish passage during periods of low stream flow.

12. Roads, bridges, culverts, and utility crossings of a waterbody or associated riparian buffer area shall conform with Oregon Department of Fish and Wildlife (ODFW) requirements for such crossings or obtain ODFW approval for any deviation from them; however, such crossings shall be avoided when practical alternative routing exists, and roads shall be constructed away from waterbodies and riparian areas, except at crossings, which shall be aligned perpendicular to the resource site.

13. Temporary disturbances may not exceed more than 25 percent of the area of the applicable resource protection area. Temporary disturbances are those that occur during an allowed or approved development activity but will not persist beyond completion of the project. Temporary disturbances include, but are not limited to, construction access ways, material staging and stockpile areas, and excavation areas for building foundations, utilities, stormwater facilities, etc.

14. Protection of Resource Protection Area During Site Development. During development of any site containing an applicable resource protection area identified in this section, the following standards apply:

a. Work areas shall be marked to reduce potential damage to resource areas.

b. Trees within applicable resource protection areas shall not be used as anchors for stabilizing construction equipment.

c. Native soils disturbed during development shall be conserved on the property.

d. An erosion and sediment control plan is required and shall be prepared in compliance with requirements set forth by the city’s public works standards.

e. Site preparation and construction practices shall be followed that prevent drainage of hazardous materials or erosion, pollution, or sedimentation to any applicable resource protection area adjacent to the project area.

15. Additional Development Standards for Mapped Wetlands. The following standards apply to all wetland areas identified on the map:

a. A buffer area which measures at least 50 feet shall be established between the wetland areas and the proposed development as a condition of development permit approval. The required buffer area width as well as its treatment or enhancement shall be established during the land use review process, after consultation with DSL or ODFW staff.

b. Properties which contain wetland areas shall have a preliminary delineation of the wetland boundary approved by Division of State Land (DSL) or Department of Fish and Wildlife (ODFW) staff before any development permit is issued. If the preliminary delineation requires an additional “jurisdictional delineation” study of the boundary, this must be completed by the applicant’s biologist and approved by DSL staff before building permits are issued. If the preliminary delineation demonstrates that the development will occur outside of the 50-foot buffer, a Type I land use permit is required to demonstrate and document that the development is in fact outside the 50-foot buffer of the delineated wetland.

c. Wetland areas shall be protected in their natural state to preserve water quality and maintain water retention, overflow and natural functions as follows:

i. Activity within wetland areas is subject to the permit requirements of the Division of State Lands (DSL) and the U.S. Army Corps of Engineers. No building permit will be issued for such activity unless all pertinent state and federal requirements are met. The Division of State Lands will be notified of any regulated development proposed in a wetland area. Proposed activities within the wetland area are subject to a Type III land use application and mitigation requirements outlined in subsection (E)(3) of this section.

ii. Any proposed dredging or filling of a wetland area will require issuance of a DSL permit or a finding by the agency that a permit is not necessary, before building permits are issued by the city. All such activity (which requires a DSL permit) will require the applicant to demonstrate, as part of a Type III land use application, that the activity is necessary to develop on that part of the property outside of the wetland, that there is no practical alternative to impacting the wetland, and that measures (described in the application) will be taken to minimize the fill area and other negative impacts. These findings may be waived if, in the opinion of DSL or ODFW, the applicant proposes to create a replacement wetland area on the property that will be of superior value to wildlife compared to the impacted area. Any approved work within the designated wetland buffer is subject to mitigation requirements of subsection (E)(3) of this section.

iii. The city will not approve a partition or subdivision in a wetland area that proposes to create a lot, which because more than 50 percent of its area is a designated wetland, would be unbuildable without variance approval.

iv. Construction sites adjacent to wetland areas shall be required to install erosion/sedimentation control devices between the land area to be disturbed and the wetland area. All such devices shall conform with the specifications and procedure outlined in the city’s erosion control ordinance.

v. Developments adjacent to wetland areas which have significant impervious surface areas must have stormwater detention and filtration facilities as part of their approved design. The design of such facilities shall conform to the best management practices (BMPs) described in the city’s standard specifications ordinance and related ordinances and technical/guidance manuals.

vi. The city may also require the use of tools such as dedication and conservation easements as a means to fully protect wetland areas during the development review process.

D. Exception Process. Any proposed development within a riparian resource protection area, upland habitat areas, or the required 50-foot buffer for wetland areas must file an exception application with the city of Fairview. The intent of the exception process is to allow reasonable development of property while providing protection for water and wildlife resources.

The exception process does not apply to:

• Mapped buffers within the Fairview Village; or

• Properties abutting Fairview Lake.

1. The applicant may utilize the following methods for avoiding or minimizing development within the upland habitat area and riparian resource protection areas. Exception applications must demonstrate compliance with the following criteria:

a. Building setback flexibility to avoid or minimize development within the upland habitat or riparian resource protection area. The minimum building setback of the base zone may be reduced to any distance between the base zone minimum and zero, unless the reduction conflicts with fire or life safety requirements.

b. Flexible landscaping requirements to avoid or minimize development within the habitat or resource protection area. Minimum percentage landscaping requirements, apart from those required for parking lots, street trees, buffers, and required mitigation areas, may be met by preserving the upland habitat area.

c. Facilities that infiltrate stormwater on site, including the associated piping, may be placed within the upland habitat or riparian resource protection area so long as the forest canopy and areas within the drip lines of trees are not disturbed. However, if disturbance cannot be avoided, then the disturbed areas shall be mitigated per subsection (E)(2) of this section, Option 2. Such facilities may include, but are not limited to, vegetated swales, rain gardens, vegetated filter strip, and vegetated infiltration basins. Only native vegetation may be planted in these facilities.

d. Flexible site design (on-site density transfer) to avoid or minimize development within the upland habitat or riparian resource protection area.

i. Residential development proposals on lands with upland habitat or riparian resource protection areas may transfer up to 50 percent of the permitted density permitted on the mapped upland habitat portion or riparian resource protection area of the site onto the portion of the site that is not designated as upland habitat area when the proposal completely avoids development within the resource protection or upland habitat area.

ii. In order to accommodate any transferred residential densities, dimensional standards and lot sizes may be adjusted by no more than 20 percent.

iii. Density transfers on commercial and industrial zoned land. The transfer credit of 10,000 square feet floor area ratio (FAR) per acre of land with an upland habitat or riparian resource protection designation on the project site is permitted when development is not proposed in the protected area.

iv. Mixed-Use Zones. The density transfer credit can be factored using subsections (D)(1)(d)(i) and (D)(1)(d)(ii) of this section, depending on the type of development proposed.

v. All remaining upland habitat or riparian resource protection areas shall be permanently restricted from development and maintained for habitat functions by making a public dedication or executing a restrictive covenant.

e. Buffer Averaging. Buffer averaging is permitted for new development activities, excluding any existing building footprint area already encroaching into the riparian resource area. Reductions from the standard buffer setback distances shall be accomplished through averaging the buffer distance on a site. Buffer averaging involves decreasing a portion of the riparian buffer within the proposed development site and increasing the buffer in another area. The new buffer area will need to provide equivalent or enhanced protection of the functions or values of the riparian resource area and provided the total area contained in the buffer on the proposed development site does not decrease.

i. Criteria for buffer averaging include:

(A) The resource protection area may not be reduced more than 60 percent (or 24 feet) in the 40-foot resource protection area, 50 percent in the 55-foot resource protection area (or 27.5 feet) and 40 percent in the 80-foot resource protection area (or 32 feet).

(B) Buffering averaging is allowed with the following site assessment prepared by a qualified professional. At a minimum the assessment shall contain:

(1) A description of the proposed development, including a site plan and distance to property lines.

(2) A description and illustration of the relationship between the proposed development and the riparian resource protection area.

(3) An assessment and illustration of the existing condition of the riparian resource protection area within and adjacent to the project area. This assessment must include, when appropriate, a wetland delineation report approved by DSL and acreage.

(4) An analysis, based upon best available science, of how the averaged buffer area will provide protection that is equal to or better than the current buffer area.

(5) A discussion of alternatives that would have less impact on the resource protection area and associated buffer.

(C) Any proposed buffer averaging requires enhancement and mitigation of the remaining resource protection area and the new buffer averaging area. A mitigation plan must be prepared that meets subsection E of this section, Mitigation.

(D) Wherever practical, reductions in the buffer distance shall occur adjacent to lower value or less sensitive areas within the buffer site and the expansion of the buffer in compensation shall occur within higher value or more sensitive areas.

(E) To the extent practicable, wherever riparian buffers are reduced from the standard setbacks, the buffer shall be increased on the opposite bank of the channel across from the area where the reduction is allowed.

(F) A development permit shall be obtained before construction or development begins within any area of special flood hazard. Requirements for the permit as well as specific and general standards are outlined in Chapter 19.105 FMC.

f. Disturbance of upland habitat areas cannot exceed 50 percent of the designated upland habitat area.

2. Mitigate Development Impacts. All development approved through the exception process must comply with mitigation requirements of subsection E of this section. Mitigation must be targeted to the most degraded portions, as identified by the resource habitat assessment process, of the resource protection area first. Remaining mitigation requirements shall be spread throughout the resource protection area.

3. Exception Application Procedures and Requirements. All exception applications must be approved by the planning commission at a public hearing.

The applicant must submit a written narrative, site plan, and Fairview habitat assessment form that demonstrates the following:

a. Narrative description and associated site plan demonstrating how the proposal complies with exception requirements as set forth in this section.

b. Completed city of Fairview habitat assessment form. The public works director may require the applicant to hire a qualified professional to conduct the habitat assessment.

c. Application requirements listed in FMC 19.106.070.

E. Mitigation. The purpose of mitigation is to compensate for negative impacts that occur to the natural resource and designated protection area as a result of development activity. Vegetation mitigation is required for the following activities and development:

1. Tree Removal within a Resource Protection Area, Not Associated with a Development.

a. Dead, Diseased or Dying Trees. Regardless if associated with development or not, all dead, diseased, or dying trees that are removed from a designated protection area shall be replaced with one new tree of at least two-inch caliper or at least six feet overall height after planting. Tree replacement is not required for diseased trees that may spread the disease to adjacent trees.

An arborist report will be required if the tree does not display any signs that the tree is dead, diseased, or dying. An exception to the requirement for mitigation may be granted by the public works director when the applicant demonstrates that a replacement tree has already been planted in anticipation of tree removal, or if the existing site conditions otherwise preclude tree replacement (due to existing dense canopy coverage or other ecological reasons).

Trees and large wood debris that are cut down shall remain within the buffer area to the greatest extent feasible to provide wildlife habitat. All hazardous trees to be removed shall only remove the portion necessary to alleviate the hazard.

b. Removal of Viable Trees. Removal of any healthy, viable trees greater than six inches in diameter when not associated with a development within a resource protection area is subject to the mitigation requirements listed in Table 19.106.040(E)(1).

Trees and large wood debris that are cut down shall remain within the buffer area when feasible to provide wildlife habitat.

2. Mitigation Requirements Associated with Development. Mitigation is required for all development:

• Within a designated resource protection area (riparian areas, wetlands, and upland habitat areas).

• Within 10 feet of the outer boundary of the 40-foot riparian resource protection area.

An applicant may choose between Option 1 and Option 2 listed below. However, if development is proposed that does not include removal of trees, that applicant must comply with Option 2.

Option 1. Mitigation is based on the number of trees removed. Dead, diseased, or dying trees must be mitigated per subsection (E)(1)(a) of this section.

Option 2. The mitigation option shall be calculated based on the size of disturbance area within the mapped protection area. Native trees and shrubs are required to be planted at a rate of one tree and five shrubs for every 100 square feet of disturbance area. All fractions shall be rounded to the nearest whole number of trees and shrubs. Bare ground must be planted or seeded with native grasses or herbs.

3. Mitigation Plan and Planting Requirements (For All Types of Required Mitigation). A mitigation plan including a calculation demonstrating compliance with vegetation mitigation requirements must be submitted with the land use application and consistent with this subsection E and shall include the following:

a. A tree removal plan showing all trees greater than six inches in diameter to be removed must be submitted with the land use application. The tree removal plan must clearly label healthy/viable trees, and dead, diseased, or hazardous trees.

b. Plant Size. Replacement trees must be at least two inches in caliper measured at six inches above the ground level for field grown trees or above the soil for container grown trees. Oak or madrone trees shall be a minimum one-gallon size. Shrubs must be in at least a one-gallon container or equivalent ball and burlap and must be at least 12 inches in height.

c. Plant Spacing. When feasible, trees shall be planted between eight and 12 feet on plant center and shrubs shall be planted between four and five feet on center or clustered in single species groups of no more than four plants, with each cluster planted between eight and 10 feet on center.

d. Plant Diversity. Shrubs must consist of at least two different species. If 10 trees or more are planted, no more than 50 percent of the trees may be of the same genus.

e. Native Plants. Only resource-specific native plants identified on the most updated version of the Metro Native Plant List are permitted.

f. Location of Mitigation Area. All vegetation must be planted on the applicant’s site within the resource protection area first. If there is not sufficient room within the resource protection area, planting may occur contiguous to the resource protection area. If the vegetation is planted outside the resource protection area, then the applicant shall preserve the contiguous area by executing a deed restriction such as a restrictive covenant.

g. Invasive Vegetation. Invasive, nonnative or noxious vegetation must be removed within the mitigation area prior to planting mitigation vegetation.

h. Tree and Shrub Survival. A minimum of 80 percent of the trees and shrubs planted shall remain alive on the fifth anniversary of the date that the mitigation planting is complete.

i. Monitoring and Reporting. Monitoring of the mitigation site is the ongoing responsibility of the property owner. Plants that die must be replaced in kind. For a period of five years, the property owner must submit an annual report to the city of Fairview public works director documenting the survival of the trees and shrubs on the mitigation site.

j. To enhance survival of mitigation plantings the following practices are recommended, but not required:

i. Mulching. Mulch new plantings a minimum of three inches in depth and 18 inches in diameter to retain moisture and discourage weed growth.

ii. Irrigation. Water new plantings one inch per week between June 15th and October 15th for the three years following planting.

iii. Weed Control. Remove or control nonnative or noxious vegetation throughout maintenance period.

4. Vegetation Mitigation Bank. An applicant seeking to vary the number and size of trees and shrubs required to be planted on site under this subsection E but who will comply with all other provisions of this subsection E may seek approval to utilize the vegetation mitigation bank.

a. The applicant shall submit:

i. A calculation of the number of trees and shrubs the applicant would be required to plant under subsection (E)(1), (E)(2) or (E)(3) of this section.

ii. The number and size of trees and shrubs that the applicant proposes to plant on the development site within designated protection areas.

iii. The applicant’s mitigation site monitoring and reporting plan.

b. Approval Criteria. A request to vary the number and size of trees and shrubs to be planted shall be approved if the applicant demonstrates that the proposed planting will achieve, at the end of the fifth year after initial planting, comparable or better mitigation results than the number and size required under subsection E of this section.

c. Upon demonstration that required vegetation mitigation cannot be planted within the protection area, the applicant may request the public works director to determine which of the following mitigation bank methods will be used. The applicant may appeal the public works director’s decision to the planning commission.

i. Require the applicant to plant the vegetation on a city owned property.

ii. Require the applicant to plant the vegetation on a private property within the designated natural resource protection area. If vegetation is planted outside of the resource protection area, the planted vegetation shall be placed in a conservation easement.

iii. Pay a fee in lieu of the required vegetation for the city to use on other restoration projects.

d. Application Process. The request to utilize the mitigation bank shall be reviewed with the applicable land use application submitted for the proposed development. Mitigation bank requests for Type III activities shall be reviewed along with the Type III application. Mitigation bank requests for Type II activities shall be reviewed along with the Type II application. (Ord. 10-2015 § 2 (Exh. 1); Ord. 3-2012 §§ 2, 3 (Att. 2))

A. Concurrent with development of any site containing Fairview Creek or Clear Creek, a conservation easement shall be granted to the city. The conservation easement of approximately 100 feet for Fairview Creek and 75 feet for Clear Creek will provide a control mechanism for these creek corridors. The easements, which shall extend not less than 50 feet from Fairview Creek centerline and not less than 37.5 feet from Clear Creek centerline in either direction, will protect water quality, provide for wildlife movement and enhance the neighborhood aesthetics by providing a greenbelt through the single-unit residential area.

B. Within the 100-foot protected area along Fairview Creek, development and resource alteration, other than mitigation or enhancement, will be prohibited within 70 feet of the corridor centered on the creek. The other 15 feet remaining on either side may allow wooden fences up to six feet in height and plantings using only materials shown on the Fairview Village plant list. Trees existing within the 100-foot corridor shall be nurtured and protected. Plantings that appear on the approved list are encouraged especially where they would provide shade to the creek from direct sun.

C. Within the 75-foot protected area along Clear Creek, development and resource alteration, other than mitigation or enhancement, will be prohibited within 45 feet of the corridor centered on the creek. The other 15 feet remaining on either side may allow wooden fences up to six feet in height with plantings using only materials shown on the Fairview plant list (Fairview uses the Metro Plant List). Trees existing within the 75-foot corridor shall be nurtured and protected. Plantings that appear on the approved list are encouraged especially where they would provide shade to the creek from direct sun.

D. Variance. An applicant may apply for a Class C variance to the conservation easement standards provided in subsections A through C of this section. (Ord. 1-2024 § 1 (Att. A); Ord. 3-2012 §§ 2, 3 (Att. 2))

The provisions of this section only apply to Fairview Lake. A protected riparian buffer of 50 feet from the top of Fairview Lake’s bank, or 50 feet from the annual mean high water level (11.4 feet NGVD) of Fairview Lake in those areas where there is no bank or significant break in slope along the shoreline is required. These requirements also apply to the portion of the submerged lake bottom that is within city of Fairview limits.

A. Riparian Vegetation. A major purpose and goal of the riparian buffer is to preserve, to the maximum extent possible, riparian vegetation within the buffer area. Trimming of vegetation to alleviate a hazard is allowed. Removal of riparian vegetation, as defined in “Alteration” (subsection B of this section), is allowed only after a permit has been granted by the city of Fairview. Replacement vegetation must be riparian species as approved in the permit.

B. Alteration. An alteration is a change in the topography or vegetation of a waterbody or its riparian environment, as regulated by this section, which may affect the functions and values of Fairview Lake. Alteration of the riparian buffer area is subject to the permit procedure and standards of this chapter. No alteration will be allowed which would appreciably diminish the values or functions of Fairview Lake, as set forth in FMC 19.106.010. For the purposes of this section:

1. Alteration includes the following in the riparian buffer area of Fairview Lake:

a. Dredging, filling, excavating or placing riprap or a mooring with rock, trees, wood, etc.

b. The clearing of any native riparian vegetation or the removal of any native tree which has a diameter of six inches or greater at four feet above grade.

c. Construction of buildings and other structures, including the installation of a bridge, culvert, pipeline, retaining wall or deck or any other development as defined by this code.

d. Changing the course or banks.

e. Construction of public streets, including bridges, when part of an approved future street plan, subdivision plan construction, improvement or alteration consistent with the city transportation plan.

f. Construction of public bicycle pedestrian paths.

g. Construction of public parks and recreational facilities.

h. Construction of private driveways or pedestrian paths where necessary to afford access between portions of private property that may be bisected by a riparian buffer.

i. Construction of public utilities such as water, stormwater and sanitary sewer lines.

j. Water detention, filtration facilities and erosion control improvements. Such projects include detention ponds, biofiltration swales or ponds, check dams and bank stabilization measures.

k. In the Fairview Lake Area. Decks and similar structures; provided, that no more than 20 percent of the lot width within the buffer setback area be occupied by such a structure or structures.

2. The following applications will be required for alterations in the Fairview Lake buffer area:

a. Planting vegetation shall be a Type I application (FMC 19.413.010).

b. Placement of docks, rock buffers, pathways or other activities that may negatively impact the values and/or purposes of this section shall be a Type II application (FMC 19.413.020).

c. Alterations involving the installation and construction of applications with structures or other more intrusive activities shall be processed as a Type III application (FMC 19.413.030).

3. Applications for an alteration permit must demonstrate compliance with the following standards:

a. A development site plan must be submitted with the alteration permit which identifies the areas where construction activity will occur. Construction activity may not occur on more than 25 percent of the Fairview Lake buffer area.

b. Erosion/sedimentation control devices must be installed between the area where alterations will occur and Fairview Lake; these devices shall comply with specifications and procedures outlined in the soil erosion control ordinance (Chapter 16.15 FMC) and must be installed prior to any soil disturbance and must remain in place during construction and until the soil has stabilized.

c. Stormwater detention and filtration facilities must be designed according to the best management practices described in the standard specifications ordinance and related ordinances and technical guidance manuals.

d. Any alterations that require/involve planting riparian type trees, shrubs and ground cover to supplement existing vegetation or to replace removed vegetation must be installed in accord with the following standards:

i. A minimum of six trees, 12 shrubs and ground cover plantings per 100 lineal feet of riparian buffer area.

ii. Plant materials shall be guyed and staked to nursery industry standards.

iii. Deciduous trees shall be fully branched and have a minimum caliper of one and one-half inches at the time of planting.

iv. Evergreen trees shall be fully branched and have a minimum height of six feet at the time of planting.

v. Shrubs shall be supplied in one-gallon containers or eight-inch burlap balls with a minimum spread of 12 inches.

vi. Ground cover plantings shall be planted at a maximum of 30 inches on center and 30 inches between rows. Rows of plants shall be staggered for a more effective covering. Ground cover planting shall be supplied in a minimum four-inch size container.

e. Bridges, culverts and similar structures must be designed to facilitate fish passage during periods of low stream flow.

f. Roads, bridges, culverts, and utility crossings on or adjacent to Fairview Lake or associated Fairview Lake riparian buffer area must conform with Oregon Department of Fish and Wildlife (ODFW) requirements for such crossings or ODFW approval must be obtained for any deviation; however, such crossings shall be avoided when practical alternative routing exists, and roads shall be constructed away from Fairview Lake and its riparian areas, except at crossings, which shall be aligned perpendicular to the resource site.

C. Application requirements for development adjacent to Fairview Lake are subject to FMC 19.106.070, Permit process for permitted uses. (Ord. 1-2013 § 1 (Att. 1); Ord. 3-2012 §§ 2, 3 (Att. 2))

A. Boundary Verification. To determine whether the standards of this chapter apply to a proposed development activity at any given location, the boundaries of any designated natural resources on or near the site shall be verified. A Type I boundary verification application is not required when the applicant demonstrates that the development will be greater than 40 feet from the estimated outer boundary of the mapped resource protection area. This shall be shown on the applicant’s site plan submitted with the development (building permit) application.

The Type I boundary verification process is required for activities proposed within:

B. Boundary Verification Process. A Type I boundary verification process is required as defined in Table 19.106.070(A) in order to verify the proximity of the proposed development to a mapped resource or associated protection area and to identify the required land use application type. The applicant shall submit the following:

1. Detailed property description and scaled site plan of the property that includes all existing conditions on site.

2. A copy of the applicable natural resource map section.

3. The latest available aerial photo of the property with property lines shown.

4. A scaled site plan demonstrating the location and boundary of the natural resource and designated protection area in relation to the proposed development. The site plan must be drawn to an architect or engineer scale.

5. Any other factual information that the applicant wished to provide to support the boundary verification.

6. The public works director may require a wetland delineation be conducted based on the proximity of the development to the mapped wetland.

C. Land Use Application Requirements. Before a permit is issued for an alteration or development within or adjacent to a mapped natural resource or protection area, an application must be submitted to the city of Fairview by the person or entity requesting the alteration or development. The application shall include:

1. All proposed developments on parcels with a designated natural resource protection area require a site plan to demonstrate the proximity of a development to the mapped resource areas. The site plan shall include:

a. Verification of boundaries of the designated resource protection areas (FMC 19.106.070(A)).

b. Identification of existing disturbed areas within the applicable resource protection buffer. Required mitigation will focus on restoring the existing disturbed areas.

c. Location of the 100-year floodplain and floodway boundaries as defined by the Federal Emergency Management Agency.

d. Topography shown by contour lines of two-foot intervals for slopes less than 15 percent and by 10-foot intervals for slopes 15 percent or greater.

e. Identification of the proposed development including all building footprints or building/development envelope, site property improvements, utilities and landscaping.

f. Show the proposed limits of any grading required for the project.

2. A completed land use application form with legal description and address of the concerned property, owner’s authorization, and the information requested thereon.

3. Application fee as set forth by resolution.

4. A written narrative which describes:

a. The proposed alteration or development.

b. Materials to be used.

c. The purpose or reasons for the alteration or development.

d. Alterations considered to determine no practicable alternatives exist to the proposed encroachment, alteration, or development.

e. How the impacts have been minimized and/or mitigated.

5. Scaled drawing or drawings of the proposed alteration showing:

a. Overall specifications and dimensions for the proposed alterations or development.

b. The location of any wetlands or waterbodies on the property including the delineation of the designated natural resource protection area.

c. Location of the:

i. 100-year floodplain and floodway boundary as defined by the Federal Emergency Management Agency (FEMA).

ii. Distance from the development to the resource protection areas.

iii. Resource features such as waterbodies or wetlands.

d. Degraded resource areas as identified through the habitat assessment process.

e. Depth of cuts and fills, final slopes, descriptions of fill material, etc.

f. Proposed erosion control measures.

6. Vegetation mitigation plan and monitoring plan. Description of any vegetation that will be removed and of vegetation to be planted, including a landscaping plan showing plant types, location, size and quantities.

7. Habitat assessment form and narrative as required by FMC 19.106.040(D), Exception Process.

8. Written documentation that all required or pertinent state and federal permits have been submitted. Permits may be required from the State Division of Lands, the Oregon Department of Fish and Wildlife, the United States Army Corps of Engineers, the Environmental Protection Agency, the Federal Emergency Management Agency and/or other agencies.

D. Expiration of Approved Applications. The approval of a land use application shall be valid for two years. Approved land use applications and plans may be renewed through the Type I review process for an additional two years upon demonstrating that the original approved plan still meets the applicable criteria provided in this chapter. (Ord. 3-2012 §§ 2, 3 (Att. 2))

A. The natural resources map (“map”) shows the locations of riparian resources, wetlands, upland habitat and other special resource features. The natural resources map (“map”) is a general indicator of protected resources and their associated vegetated corridors; the location of actual resource protection areas is determined according to the parameters established in Table 19.106.080(A).

B. Boundary Amendments. In some cases changes and corrections may need to be made to the map. Changes to resource boundaries shall be reviewed through the Type II land use process. To propose a correction or change to the map, the applicant shall submit the following information depending on the resource type:

1. Waterbodies (Rivers, Streams, Springs, and Lakes). An applicant who believes that a waterbody as shown on the map should be corrected may submit a map amendment request that includes the following:

a. A hydrology report prepared by a professional engineer, demonstrating whether or not the drainage meets the definition of a protected water feature.

b. A topographic map of the site with contour intervals of five feet or less that shows the specific location on the subject property.

c. A report prepared by a qualified professional that gives a detailed reasoning for the proposed map amendment. The report must also include a description of the qualifications and experience of all persons that contributed to the report.

d. A description of the incorrect mapping and reasoning supporting the proposed amendments. A map shall also be submitted showing the mapped boundaries and the proposed boundary changes. The map shall be drawn to an engineer or architect scale.

e. Any additional information necessary to address each of the detailed verification criteria provided in this section.

2. Wetlands. An applicant who believes that a wetland area shown on the map should be corrected may submit a map amendment request that includes the following:

a. A wetland delineation report, prepared by a professional wetland specialist in accordance with the 1996 Oregon Freshwater Wetland Assessment Methodology and following the wetland delineation process established by Department of State Lands (DSL), demonstrating the location of any wetlands on the site.

b. The delineation report will be accepted by the city only after approval by DSL.

c. A description of the incorrect mapping and reasoning supporting the proposed amendments. A map shall also be submitted showing the mapped boundaries and the proposed boundary changes. The map shall be drawn to an engineer or architect scale.

d. A topographic map of the site with contour intervals of five feet or less, that shows the specific location of the wetland on the subject property.

e. The public works director shall confer with DSL and Metro to confirm delineation and the hydrology report, as may be needed, prior to issuing a notice of decision on a requested map correction.

f. A report prepared by a qualified professional that gives a detailed reasoning for the proposed map amendment. The report must also include a description of the qualifications and experience of all persons that contributed to the report.

g. Any additional information necessary to address each of the detailed verification criteria provided in this section.

3. Upland Habitat Areas. An applicant who believes that an upland habitat area shown on the map should be corrected may submit a map amendment request that includes the following:

a. A city of Fairview habitat assessment form demonstrating the values and functions of the upland habitat area.

b. A report prepared by a qualified professional that gives a detailed reasoning for the proposed map amendment. The report must also include a description of the qualifications and experience of all persons that contributed to the report.

c. A description of the incorrect mapping and reasoning supporting the proposed amendments. A map shall also be submitted showing the mapped boundaries and the proposed boundary changes. The map shall be drawn to an engineer or architect scale.

d. Any additional information necessary to address each of the detailed verification criteria provided in this section.

4. Boundary Modification Approval Criteria. The city shall update the map if the wetland or hydrology report submitted demonstrates the following:

a. That there was an error in the original mapping.

b. That the boundaries of the resource have changed since the most recent update to the map (“map”).

c. That a protected water feature or resource no longer exists because that area has been legally filled, culverted, or developed prior to the effective date of the ordinance codified in this chapter.

C. Map Administration.

1. Updates to the Map. When a boundary verification, conducted in accordance with the standards of FMC 19.106.070(B) demonstrates an error in the location of a resource area shown on the map, the city shall update the map to incorporate the corrected information as soon as practicable. Changes to the map are not considered amendments to the city’s Comprehensive Plan, the applicable Comprehensive Plan map, or to the zoning map.

2. Mapping Implications of Allowed Disturbances.

a. Riparian Resources. Permanent disturbances within a riparian resource, whether they legally occurred prior to the adoption of this section or are allowed according to the standards of FMC 19.106.040, do not affect the way related riparian resources are shown on the map.

b. Upland Habitat Areas. When disturbances are allowed within the upland habitat area, in accordance with the applicable standards of FMC 19.106.040, the city may update the map to show that the permanently disturbed area is no longer considered an upland habitat area. (Ord. 3-2012 §§ 2, 3 (Att. 2))

Should a nonconforming structure, development footprint, or nonconforming portion of structure be destroyed by any means to an extent more than 75 percent of its current value as assessed by the Multnomah County assessor, it shall be reconstructed only in conformity with the current development code.

Rebuilding of nonconforming structures and development footprints destroyed less than 75 percent of the current value assessed by the Multnomah County assessor shall be rebuilt within five years from the date the structure was destroyed/damaged. (Ord. 3-2012 §§ 2, 3 (Att. 2))

Areas adjacent to any of the city of Fairview’s water resources are also regulated by the city’s floodplain overlay district. All riparian buffer alterations must be in compliance with the applicable standards of the floodplain overlay zone before permit issuance. Where regulations of the natural resource overlay zone differ from those found in the floodplain overlay zone, the more restrictive standards shall apply. (Ord. 3-2012 §§ 2, 3 (Att. 2))

The city of Fairview shall be exempt from the permit requirements of this chapter if, during a flooding event, the city manager determines that a portion of the creek channel must be immediately altered in some manner in order to avoid substantial property damage. (Ord. 8-2021 § 1; Ord. 3-2012 §§ 2, 3 (Att. 2))

A. For resource protection areas located within Multnomah County Drainage District No. 1 and the area managed by the Sandy Drainage Improvement Company, the following will be allowed without obtaining a permit: routine operations, repair, maintenance, reconfiguration, rehabilitation, or replacement of existing drainage and flood control facilities; facilities, and existing related facilities, including any structures, pump stations, water control structures, culverts, irrigation systems, roadways, utilities, accessory uses (such as off-load facilities that facilitate water-based maintenance); erosion control projects, levees, soil and bank stabilization projects; dredging and ditch clearing within the hydraulic cross section in existing stormwater conveyance drainage ways; or other water quality and flood storage projects applicable to existing facilities shall be allowed without obtaining a permit, provided all of the following are met:

1. The project is consistent with all other applicable local, state, and federal laws and regulations.

2. The project does not encroach closer to a surface stream or river, wetland or other body of open water than existing operations and development.

3. Disturbed areas are replanted with vegetation and no bare soils remain after project completion; the planting of native vegetation and removal of invasive nonnative or noxious vegetation is encouraged; invasive nonnative vegetation shall not be planted.

4. Each district submits an annual report to all local permitting agencies in which the district operates, describing the projects the district completed in the previous year and how those projects complied with all applicable federal and state laws and requirements. The report also includes a list of proposed projects for the upcoming year for the city of Fairview to review in advance.

B. Activities that are not consistent with the criteria listed above, as determined by the public works director after reviewing the annual proposed project report, shall be subject to applicable procedures for Type I, Type II, Type III, or Type IV permits. (Ord. 3-2012 §§ 2, 3 (Att. 2))

Property owners are responsible for maintaining natural resource protection areas on their property. Unauthorized removal of native vegetation, or purposeful neglect of native vegetation, is subject to penalty.

Any person, group, corporation or association violating the terms or provisions of this chapter, upon conviction thereof, shall be punished by a fine not exceeding $500.00. Each day the violation continues shall be considered a separate offense. (Ord. 3-2012 §§ 2, 3 (Att. 2))

This design overlay zone is intended to offer design flexibility for properties adjacent to the south side of Fairview Lake which provide a variety of housing opportunities for city residents while maintaining the established residential character of the area and protecting important environmental and scenic values of the lake. If, during the administration of this chapter, standards or requirements create uncertainty or ambiguity, the city shall interpret these regulations according to the intent expressed in the record for the adoption and subsequent amendment to the South Fairview Lake design overlay zone. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 1 (Exh. 1); Ord. 6-2001 § 1)

The South Fairview Lake design overlay zone designation may be requested at the discretion of the applicant at the time of subdivision, partition, or development permit review. (Ord. 11-2014 § 1 (Exh. 1); Ord. 6-2001 § 1)

The permitted uses in the R-7.5 zone shall continue to apply in the South Fairview Lake design overlay zone. The permitted land uses are located in FMC 19.30.020. All uses shall comply with the dimensional standards (FMC 19.30.030), design standards (FMC 19.30.040 through 19.30.060), and/or special standards (FMC 19.30.080) applicable to the development.

All housing shall comply with the development standards and design standards of FMC 19.107.050 and 19.107.060. If there is a conflict the dimensional standards and design standards in R-7.5 zone in Chapter 19.30 FMC supersede the requirements in this chapter. In addition to the housing types permitted in the R-7.5 zone, the following residential housing types are also permitted in the South Fairview Lake design overlay:

A. Charleston Row Houses. These are detached residences on relatively narrow lots. Each residence is typically located with a minimum zero-foot side yard setback on only one side of the lot and a minimum six-foot side yard setback on the opposite side of the lot with a total of at least six feet between the structures. The front and side yards serve as the open space on the lot. Garages are at the rear of the building with access to an alley (Figure 19.107.030.A).

B. Courtyard Cluster Homes. These are detached residences developed in groups of five to seven lots. Each residence is typically located with a minimum zero-foot side yard setback on only one side of the lot, and a minimum five-foot side yard setback on the opposite side, with a total of at least five feet between the structures. The lots are clustered around a common driveway, which provides pedestrian and vehicle access to all or the majority of the homes (Figure 19.107.030.B).

Figure 19.107.030 – Fairview Lake Way Design Overlay
Detached Single-Unit Home

Figure 19.107.030.A – Fairview Lake Way Design Overlay
Charleston Row House Home

Figure 19.107.030.B – Fairview Lake Way Design Overlay
Courtyard Cluster Home

(Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 1 (Exh. 1); Ord. 6-2001 § 1)

All conditional uses in the R-7.5 zone shall continue to be allowed as conditional uses in the South Fairview Lake design overlay zone. (Ord. 11-2014 § 1 (Exh. 1); Ord. 6-2001 § 1)

A. Development Standards. See Table 19.107.050.A – Development Standards.

(Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 1 (Exh. 1); Ord. 6-2001 § 1)

The following design standards shall apply to residential developments:

A. Street System. The purpose of the street system standards is to create a safe, aesthetically pleasing, and pedestrian-oriented neighborhood. Four of the five street types are narrower than the typical city standard minimizing the physical presence of paved areas, allowing for additional landscaping adjacent to streets and sidewalks, and effectively controlling traffic speeds. All streets are intended for traffic speeds of 25 miles per hour or less. Street design requirements are summarized in Table 19.107.060 and illustrated in cross-section in Figure 19.107.060.A.

1. Standard Local Street. Standard local streets shall constitute public streets with a 58-foot right-of-way consisting of two 11-foot travel lanes, two seven-foot parking lanes, two five-foot planter strips, and two five-foot sidewalks.

2. Narrow Local Street. Narrow local streets shall constitute public streets with a 50-foot right-of-way consisting of two 10.5-foot travel lanes, one seven-foot parking lane, two five-foot planter strips, and two five-foot sidewalks.

3. Local Street with Median. The local street with a median shall constitute a public street with a 58-foot right-of-way consisting of two 11-foot travel lanes, a seven-foot median, two five-foot planter strips, two five-foot sidewalks, and two four-foot landscaped buffers. No on-street parking will be allowed, to minimize the width of the right-of-way.

4. Alley. Alleys shall constitute public streets with a 24-foot public right-of-way consisting of a 16-foot travel lane and two four-foot buffers. The buffer shall be paved along the front of the garages and the remainder shall be landscaped with ground covers, shrubs, or a combination thereof. Alleys shall have rolled curbs with gutters draining to a storm sewer system.

5. Courtyard Street. Courtyard streets shall constitute private streets with a 28-foot right-of-way consisting of two 10-foot travel lanes, one eight-foot parking lane, and a maximum length of 150 feet. Landscape which extends from the edge of the paved surface to the house facade shall be planted with trees, ground covers and shrubs, or a combination thereof, and shall be maintained by a homeowners association.

Figure 19.107.060.A – Fairview Lake Design Overlay
Street Sections

Figure 19.107.060.A – Fairview Lake Design Overlay
Street Sections (continued)

B. Fences. The maximum height for front yard and street side yard fences shall be four feet.

C. Intersections.

1. Vision Clearance Areas. Signage, structures and plant material 42 inches above grade shall be prohibited within the vision clearance area located at the intersection of streets and/or alleys. The area is defined by a triangle with two sides of the triangle extending 15 feet from the intersection.

2. Curb Extensions. Curb extensions shall be provided as required by the adopted Fairview Lake Way standards.

3. Paved Surface Details. Paving and curb cuts shall facilitate safe pedestrian crossing and meet all ADA requirements for accessibility. Textured accent paving shall be used at the main entry intersection to clearly define the pedestrian crosswalk. The pavers or pattern shall be of a level material which does not impede wheelchair accessibility or conflict with surfacing for sight-impaired individuals.

D. Landscape.

1. Landscape Plans and Installation.

a. Prior to issuance of building permits, the developer shall submit landscape plans and completion scheduled for all areas within the public right-of-way or common open spaces.

b. Landscape materials shown on the approved plans for public right-of-way or common open space areas shall be installed prior to issuance of occupancy permits for more than 80 percent of the homes abutting these public areas.

2. Planter Strips.

a. All planter strips shall be a minimum of five feet wide and shall be planted with either lawn, ground cover or a combination of shrubs and ground cover such that the entire surface area is covered with plant material. Placement of plant material shall adhere to clear sight line requirements as provided in FMC 19.140.030(D), Vision Clearance Areas.

b. Planter strips without adjacent parking shall have street trees in conjunction with low ground covers and/or shrubs to enhance visibility while still providing a psychological and physical barrier from passing traffic. Plantings shall be predominantly evergreen year-round, provide seasonal interest with fall color or blooms, and at maturity grow within the confines of the planter strip. Planter strips with adjacent parking shall have only street trees and lawn or low ground cover which adheres to the requirements of this section.

3. Medians.

a. All medians shall be a minimum of seven feet wide and shall be landscaped with a combination of street trees, shrubs, and/or ground covers.

b. Medians shall have low plant masses near intersections for the safety of pedestrians and motorists. The remaining median area shall have taller plant masses to block lights of oncoming traffic, decrease dust and heat, and to improve the aesthetics of the roadway. Plants shall be predominantly evergreen year-round, provide seasonal interest with fall color, blooms or fruits, and at maturity stay within the confines of the median. Placement of plant material shall adhere to clear sight line requirements as provided in FMC 19.140.030(D).

4. Traffic Diverters. Traffic diverters shall be landscaped with a combination of trees, and low shrubs and/or ground covers. Plantings shall be predominantly evergreen year-round, provide seasonal interest with fall color, blooms or fruits, and at maturity stay within the confines of the traffic diverter. Placement of plant material shall adhere to clear sight line requirements as provided in FMC 19.140.030(D), Vision Clearance Areas.

5. Street Trees.

a. Location. Street trees are required along both sides of streets and within medians and the traffic diverters. Street trees along the street edge, excluding the attached townhouse street, shall be planted within the planter strip at a frequency of 30 feet on center unless the community development director approves a different distance due to constraints such as utilities. Street trees in the buffer strip of the attached townhouse street shall be planted an average of 20 feet on center to accommodate curb cuts for driveways unless the community development director approves a different distance due to constraints such as utilities. Trees proposed for medians and the traffic diverters shall be spaced according to the size of tree and design intent.

b. Tree Types. The type of tree to be planted shall be in accordance with the approved street tree list in the city’s sidewalk maintenance program handbook.

E. Erosion Control Standards. Site erosion and pollution and sedimentation of Fairview Lake must be prevented during and after construction activities. Appropriate erosion and sedimentation control measures shall be installed as required by the city of Fairview erosion control standards.

F. Lighting. Street lighting shall be provided for all public streets in the development, excluding private courtyard streets. Ornamental lighting shall be 12-foot to 14-foot tall “acorn” style fixtures consistent in style with the city of Fairview standard (Figure 19.107.060.F). Fixtures shall be sited within the planter strip at 150-foot to 200-foot intervals to provide a traditional image and consistent level of lighting.

Figure 19.107.060.F – Fairview Lake Way Design Overlay
Typical Street Lighting Detail

G. Irrigation for and maintenance of landscaped areas within the public right-of-way shall be provided as required by the adopted Fairview Lake Way standards.

H. Fairview Lake Conservation Easements.

1. Shoreline Conservation Easements.

a. Shoreline conservation easements shall provide a 50-foot setback from top of bank or annual mean water level, in areas where there is no bank or break in the shoreline along Fairview Lake.

b. Trees and native vegetation shall be maintained or enhanced within the easement area.

c. Structures and landscaping may occur up to the southern edge of easement.

2. Wooded, Wetland, and SEC Area Conservation Easement.

a. Easement location varies according to existing treeline and wetland vegetation and the identified SEC (Chapter 19.106 FMC, Natural Resource Regulations).

b. Structures shall maintain a 15-foot setback from the edge of the easement.

c. Landscaping may occur up to the edge of the easement.

3. Allowed Activities within Conservation Easements. Within the protected area, development and resource alteration, excluding mitigation or enhancement, shall be prohibited. Enhancement shall be required in disturbed riparian and wetland areas providing revegetation with appropriate native species only. Planting non-native, ornamental vegetation in the easement shall be prohibited. Similarly, invasive, non-native ornamental plantings shall be maintained in private landscapes to prevent encroachment.

I. Residential Housing Design Standards. In addition to the development standards in FMC 19.107.050, the following design standards shall apply:

1. Charleston Row Houses.

a. Stories: two.

b. Garages: access only to the alley.

c. Main entry: oriented toward the street or front corner of the house with a usable front porch.

d. Minimum building separation: six feet.

2. Courtyard Cluster Homes.

a. Stories: minimum of one one-story home for clusters of up to five homes and two one-story homes for clusters of six or seven homes.

b. Garages: one direct driveway access to the public street for each cluster.

c. Main entry: one main entry oriented to the public street for each cluster.

d. Minimum building separation: six feet. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 1 (Exh. 1); Ord. 3-2012 § 6; Ord. 6-2001 § 1)

The following community service/parks uses and those of a similar nature may be permitted in any zoning district when approved at a public hearing by the planning commission. The district is to be applied only to public property (lands owned by public agencies) or utilities.

A. Government building or use.

B. Park, playground, athletic or recreational use.

C. Open space and green way.

D. Library.

E. School, private, parochial or public educational institution.

F. Power substation or other public utility building or use.

G. Telecommunications facilities where permitted. (Ord. 6-2001 § 1)

This section implements the policies of the Fairview Village community plan by providing a mixture of residential uses as well as retail/office, commercial and business park uses. These uses are located in the areas where suitable services and facilities are currently provided or can be provided as development occurs. In addition, this plan area allows for pedestrian-oriented development with good connections via the sidewalks, trails and street system from residential areas to parks, schools, open spaces, retail and office uses. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

This section describes the desired feel and texture of a mixed use community development. Fairview Village is designed to be a functioning mixed use neighborhood with a range of housing types and commercial stores. Chapters 19.110 through 19.155 FMC are intended to implement this objective and to ensure a successful, livable neighborhood.

The Village will provide a commercial core or downtown area to provide the daily necessities of nearby residents. The Village main street should be architecturally unified with wide, landscaped, pedestrian-friendly sidewalks. Retail and office buildings are brought to or near the sidewalks with parking located to the rear of the site. The design of the streets should slow the flow of automobile traffic and allow pedestrians to easily cross at intersections. Principal retail uses such as grocery anchors and hardware stores will have adequate parking and walkways that encourage pedestrian travel to the branch bank, dry cleaners, video store and other retail stores and residences. This commercial core will be located south of NE Halsey, a major bus route.

The commercial core is immediately surrounded by high density housing. Apartments and townhouses are located to ensure a two- to five-minute walk for basic necessities. This segment of the Village, which will provide the fabric and feel of urban living, is intended to encourage a diminished reliance on the automobile for transport to basic services.

As the streets move away from the grid of the commercial core they begin to meld with the topography of the land and Fairview Creek. The housing becomes less dense with small and larger lot single-unit homes, all still within walking distance of the Village center. A network of pedestrian ways and trails will provide easy access for everyone in the community. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The Fairview Village community plan is applied to the area located generally east of the NE 207th Connector, south of NE Halsey Street, north of NE Glisan Street, and west of NE 223rd Avenue as illustrated in Figure V-1, following Chapter 19.155 FMC. (Ord. 6-2001 § 1)

A. Signs.

1. All signs located in Fairview Village shall be in conformance with sign regulations in Chapter 19.170 FMC.

2. Freestanding Monument Entry Signs. These signs are intended to identify the village entrances. The number and location of these signs is shown in Figure V-8, following Chapter 19.155 FMC.

a. Area. Maximum face area of 75 square feet.

b. Height shall be a maximum of 12 feet above grade.

c. Width shall be limited to a maximum of 15 feet.

d. Placement. Sign base shall be set on a foundation at finished grade level, anchored to the ground.

e. Location. Sign locations shall be located at four designated entrances into the village (Figure V-8, following Chapter 19.155 FMC).

f. Base Dimension. The base/foundation dimensions shall not exceed 36 inches in depth or 15 feet in width and shall be no less than 18 inches or more than 24 inches in height.

B. Development Standards. Development standards specific to each zoning district in Fairview Village are located in each of the corresponding sections: Chapter 19.115 FMC, Village Single-Family, Chapter 19.120 FMC, Village Townhouse Residential, Chapter 19.125 FMC, Village Apartment, Chapter 19.130 FMC, Village Office, and Chapter 19.135 FMC, Village Commercial and Mixed Use. Additional development standards are located in Chapters 19.140, 19.145, and 19.150 FMC. (Ord. 2-2010 § 4)

The following definitions shall be utilized in the implementation of this chapter:

A. “Block frontage” means all of the property fronting on one side of a street that is between intersecting or intercepting streets, or that is between a street and a water feature, or end of a dead end street. An intercepting street determines only the boundary of the block frontage on the side of the street which it intercepts.

B. “Common line setback” means the combined setback distance between two structures on abutting lots.

C. “Curb radius” means the curved edge of the street at intersections, measured at the edge of the travel lanes. Curbs at intersections shall not intrude into the intersection beyond the specified maximum curb radius. Where streets of different use categories intersect, the requirements of the higher intensity use shall govern. The curb radius shall be handicapped accessible.

D. “Front porch” means an open roofed structure attached to the front of the dwelling unit. A front porch shall have a minimum depth of six feet and a minimum width of 12 feet and, except for insect screening, shall only have supporting columns visible above 42 inches from the finished porch floor level. Side and rear porches are not subject to these requirements. All or a portion of the front porch may encompass a ramp providing handicap access.

E. “Jurisdictional wetlands” means areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, wet meadows, and similar areas.

F. “Net acre” means all area within a private development zone excluding public rights-of-way.

G. “Pedestrian way” means any off-street public accessway which is dedicated for the primary use of pedestrians and/or bicycles.

H. “Riparian area” means a terrestrial zone influenced by annual and intermittent water, a high water table, or wet soils. The riparian area is found adjacent to a body of water, such as a stream, lake, or estuary. Riparian vegetation includes native herbaceous plants, shrubs, understory trees, and canopy trees. The riparian area contributes shade, leaves, woody debris, and insects to a body of water.

I. “Tower element” means an inhabitable structure typically higher than its diameter and high relative to its surroundings that may be attached to a larger structure, and that may be fully enclosed or of skeleton framework.

J. “Visual clearance zone” means those areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety. See diagram in Figure V-2, following Chapter 19.155 FMC. (Ord. 6-2001 § 1)

Within the Village when there is a conflict between the Village regulations and base zone, overlay zone, or other regulations of this code, the Village regulations control. All regulations of the base zone still apply except where expressly written otherwise. (Ord. 6-2001 § 1)

The Village development will be phased. When an applicant desires to record and develop subdivision plats covering portions of an approved tentative plan in phases, the approval authority may authorize a time schedule for platting the various phases. Each phase may be for a period of time in excess of one year, but in no case shall the total time period for all phases be greater than seven years without resubmission of the tentative plan. Each phase so platted and developed shall conform to the applicable requirements of this code and the subdivision code. Portions platted after the passage of one year may be required to have modifications to avoid conflicts with a change in the Comprehensive Plan, Village district zoning code, or subdivision code. (Ord. 6-2001 § 1)

This zone is intended primarily for residential uses in a low- and medium-density residential neighborhood environment. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Permitted Uses. The permitted uses in the residential (R) district R-6 shall apply in the village single-family (VSF) zone. The permitted land uses are located in FMC 19.30.020. Churches are permitted as an additional use in the VSF zone.

All uses shall comply with the standards in this chapter and any other applicable Fairview Village standards in Chapters 19.110 through 19.155 FMC, together with the R-6 residential district dimensional standards (FMC 19.30.030), design standards (FMC 19.30.040 through 19.30.060), and/or special standards (FMC 19.30.080) applicable to the development.

B. Conflict Clause. If there is a conflict between the standards of the residential (R) district (Chapter 19.30 FMC) and the standards of this chapter, the requirements of this chapter supersede the standards of Chapter 19.30 FMC. (Ord. 1-2024 § 1 (Att. A); Ord. 7-2018 § 1 (Att. A); Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted as conditional uses in a VSF zone after approval of the planning commission:

A. All conditional uses in the R zone except for golf courses. (Ord. 6-2001 § 1)

A. Lot Size. All VSF lots shall be no less than 4,000 square feet. The 4,000-square-foot-minimum lot size does not apply to townhomes, which lot size is regulated by FMC 19.30.030. Lots with single-unit detached dwellings shall not exceed 7,700 square feet in area, except that lots which contain conservation easements, have obvious irregular shapes restricting the developable area or corner lots may exceed the maximum area provided the identified building envelope does not exceed 7,700 square feet in area. In such cases, the maximum building envelope shall be depicted on the preliminary plan approval.

B. Lot Dimensions. All lots in the VSF zone shall have a minimum width of 35 feet and a minimum depth of 70 feet. Pie-shaped lots shall have a minimum midpoint width of 35 feet and a minimum midpoint depth of 70 feet.

C. Lot Coverage. The total of all structures in the VSF zone shall cover no more than 60 percent of any lot.

D. Height. Buildings within this zone may not exceed 35 feet in height.

E. Setbacks.

1. Basic Standards.

a. Front facades shall be set back from the right-of-way for a distance of either 10 or 15 feet.

b. On pie-shaped or irregularly-shaped lots, the front facade may be set back deep enough on the lot to accommodate a maximum 40-foot-wide building envelope between side yard setbacks.

c. Lots that abut Fairview or Clear Creek may have dwelling units with attached, front accessed garages positioned perpendicular to the right-of-way. Such garages shall be set back four feet from the right-of-way. On such dwelling units, the front facade is exempt from the 10-foot or 15-foot setback requirement, but in all cases the facade shall be in back of the garage.

d. Sides of units may have a minimum setback of four feet from the property line on one side of the lot and a minimum of five feet on the opposite side of the lot; provided, that the common line setback (combined distance between two structures on abutting lots) is a minimum of nine feet. On corner lots the side setback for any portion of the structure shall be a minimum of 10 feet on the side abutting the street.

e. The rear facade of the main dwelling unit shall be set back a minimum of 15 feet from the rear property line.

2. Lots that Abut Fairview Creek. The front and side setbacks described in subsection (E)(1) of this section apply. The rear property line shall be the centerline of Fairview Creek, and the rear setback shall be 50 feet from creek centerline.

3. Lots that Abut Clear Creek. The front and side setbacks described in subsection (E)(1) of this section apply. The rear property line shall be the centerline of Clear Creek, and the rear setback shall be 37.5 feet from creek centerline.

F. Garages.

1. Four out of five attached garages with front access on any block frontage in the VSF zone shall be set back a minimum of 20 feet from the front facade. Such garages may have a single garage door for up to two vehicle spaces.

2. One out of five attached garages on any block frontage in the VSF zone are not required to be set back from the front facade. Such garages shall not be built on abutting lots, shall be set back at least 15 feet from the right-of-way, and shall have a separate garage door for each vehicle space with a maximum of two garage doors, each having a maximum width of 10 feet.

3. Lots that abut Fairview or Clear Creek may have garages with a minimum four-foot setback. Such garages shall orient the garage doors perpendicular to the right-of-way, shall have a separate garage door for each vehicle space with a maximum of two garage doors, each having a maximum width of 10 feet, and shall not be constructed on abutting lots.

4. Detached Garages on Non-Alley Lots.

a. Detached garages on all non-alley lots except those that abut Fairview or Clear Creek or abut other perpendicularly oriented lots shall have a minimum rear property line setback of four feet and a minimum side yard setback equal to the minimum side yard setback of the dwelling unit on that lot.

b. Detached garages on lots abutting Fairview and Clear Creek shall have rear setbacks in compliance with the environmental setbacks of those creeks; 50 feet and 37.5 feet respectively. Minimum side yard setbacks shall be equal to the minimum side yard setbacks of the dwelling unit on that lot.

c. Detached garages on non-alley lots that abut other lots oriented perpendicular to such lots shall have a minimum rear setback of 15 feet and minimum side yard setbacks equal to the minimum side yard setbacks of the dwelling unit on that lot.

5. Garages on Alley Lots.

a. Detached garages on alley lots shall have a minimum rear setback of four feet and a minimum side yard setback of two feet for single level garages only. Side yard setbacks for alley garages with more than one level shall be equal to the minimum side yard setbacks of the dwelling unit on that lot.

b. Attached rear accessed garages on alley lots shall have a minimum rear setback of four feet and a minimum side yard setback of two feet for single level garages only. Side yard setbacks for alley garages with more than one level shall be equal to the minimum side yard setbacks of the dwelling unit on that lot.

G. Special Development Standards. All development in this zone shall comply with applicable development standards in Chapter 19.145 FMC and the applicable design standards in FMC 19.30.040 through 19.30.060. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

This zone is intended primarily for attached dwellings in a medium- to high-density residential environment. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted in a VTH zone:

A. Single-unit detached dwelling (existing only).

B. Townhouses.

C. Duplexes.

D. Accessory buildings such as garages, carports, studios, private workshops, playhouses, private greenhouses or other similar structures related to the dwelling in design, whether attached or detached.

E. Parks and playgrounds.

F. Family day care providers and residential homes – see Chapter 19.200 FMC.

G. Home occupations – see Chapter 19.490 FMC.

H. Signs – see Chapter 19.170 FMC.

I. Accessory dwelling units. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted as conditional uses in a VTH zone after approval of the planning commission:

A. Schools.

B. Churches.

C. Community centers/day care providers.

D. Community services/parks.

E. Similar uses. (Ord. 6-2001 § 1)

A. Density. VTH lots shall be no less than 2,000 square feet and no greater than 4,000 square feet in area. Corner lots in the VTH zone may be larger than 4,000 square feet but shall be no more than 5,500 square feet in area.

B. Lot Dimensions. Lots in VTH zone shall have a minimum width of 20 feet and a minimum depth of 70 feet.

C. Lot Coverage. The total of all structures shall cover no more than 70 percent of any lot.

D. Height. Buildings within this zone may not exceed 35 feet in height.

E. Setbacks. Dwelling unit front facades shall be set back from the right-of-way for a distance of either 10 or 15 feet. Sides of units may have a setback of zero feet from property line on both sides of the lot. The rear facade shall be set back a minimum of 15 feet from the rear property line.

F. Garages.

1. Attached garages with front access are not permitted on lots accessible from an alley or rear parking lot.

2. Attached garages or detached garages may have a minimum setback of zero feet from the rear property line; provided the front facade setback requirement in subsection E of this section is met and provided there is a minimum of eight feet of separation between adjacent garages; provided further, where the garage vehicle entrance is perpendicular to the alley, a four-foot setback shall apply.

3. Attached or detached garages may have a side yard setback of zero feet.

G. Special Development Standards. All development in this zone shall comply with applicable development standards in Chapter 19.145 FMC. (Ord. 6-2001 § 1)

This zone is intended primarily for multi-unit dwellings in a high-density residential environment. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted in a VA zone:

A. Multi-unit dwellings.

B. Duplexes.

C. Accessory buildings such as garages, carports, studios, private workshops, playhouses, private greenhouses or other similar structures related to the dwelling in design, whether attached or detached.

D. Parks and playgrounds.

E. Family day care providers and residential homes – see Chapter 19.200 FMC.

F. Home occupations – see Chapter 19.490 FMC.

G. Signs – see Chapter 19.170 FMC.

H. Residential (care) facility.

I. Public buildings and facilities (such as government offices, post office, parking, etc.). (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted as conditional uses in a VA zone after approval of the planning commission:

A. All conditional uses in the VTH zone with the addition of townhouses. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Density. The minimum density shall be no less than 20 units per net acre. The maximum density shall be no more than 30 units per acre.

B. Lot Coverage. The total of all structures shall cover no more than 65 percent of each lot in the zone.

C. Height. Buildings within these zones may not exceed 45 feet in height and tower elements may not exceed 60 feet.

D. Setbacks. Front facades shall be set back from right-of-way a distance of either zero feet or 10 feet or 15 feet. There are no setback requirements for side and rear facades, except for the VA zone adjacent to NE Halsey Street where the setback for the Halsey Street frontage shall be 20 feet.

E. Automobile Access. No direct motor vehicle access to apartment parking lots is permitted off NE Halsey Street.

F. Special Development Standards. All development in this zone shall comply with applicable development standards in Chapter 19.145 FMC. Certain standards and requirements under Chapter 19.140 FMC, Village General Standards, also apply regarding pedestrian ways, off-street parking, bicycle parking, landscaping, etc.

G. Additional Requirements. Design review is required for all uses in the VA zone. (Ord. 6-2001 § 1)

The purpose of this zone is to provide suitable opportunity for business, government and professional office uses. Generally such uses shall rely upon collector streets for vehicular ingress and egress, thereby ensuring a high level of access with minimum conflicts with adjoining residential zones. (Ord. 6-2001 § 1)

The following uses and their accessory uses are permitted in a VO zone:

A. Office Uses.

1. Business, government and professional offices, including legal, financial, architectural, engineering, governmental, manufacturer’s representatives, property management, corporate and administrative offices.

2. Medical and dental services, clinics or community health care programs, counseling services, and associated pharmacies.

3. Graphic arts, printing, blueprinting, photo processing or reproduction labs, publishing and bookbinding services, and testing laboratories and facilities; provided no operation shall be conducted or equipment used which would create hazards and/or noxious or offensive conditions.

4. Light manufacturing, assembly, artisan, research and development uses which have physical and operational requirements which are similar to other office uses allowed in this zone.

5. Banks, credit unions, and savings and loan, brokerage, and other financial institutions.

6. Business services such as duplicating, photocopying, mailing and stenographic services, fax and computer facilities, employment agencies, office management services, notary public, business and communications equipment and service, and real estate offices.

7. Personal services, answering service, travel agent.

B. Service Commercial Uses. The following service commercial uses and their accessory uses may be provided within an office development; provided such uses occupy no more than 20 percent of the gross floor area of a building:

1. Coffee shops, cafes and delicatessens which serve at least breakfast and/or lunch, and catering services.

2. Day care facilities shall be permitted; provided they are located within office buildings and do not exceed 1,500 square feet or serve more than 13 children each.

3. Health and recreational facilities, such as exercise spas, gymnasiums, tennis and racquetball courts, swimming pools, saunas.

C. Institutional Uses.

1. Public and private educational facilities and trade schools, art, music, or dance studios, radio and television studios, excluding transmission towers.

2. Galleries and museums, small-scale (seating capacity up to 500) assembly or convention facilities and theaters for performing arts, exhibition halls, administration facilities, libraries, senior centers and fraternal organizations. (Ord. 6-2001 § 1)

Other uses when found similar to those above by planning commission and when approved at a public hearing. (Ord. 6-2001 § 1)

A. Height. Buildings within this zone may not exceed 55 feet in height and tower elements shall not exceed 70 feet.

B. Setbacks. There are no setback requirements in the VO zone.

C. Additional Requirements. The VO zone must meet all development standards in Chapter 19.150 FMC.

D. Design Review. Design review is required for all uses in the VO zone. (Ord. 6-2001 § 1)

(Ord. 2-2025 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A); Ord. 4-2004 § 1; Ord. 6-2001 § 1)

Repealed by Ord. 2-2025. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Setbacks and Design Elements.

1. Within the VC zone:

a. This area shall be occupied by no less than one anchor store prior to occupancy of 50 percent of the minimum buildable square footage in the zone.

b. Structure facades shall conform to the blank wall standard described in FMC 19.140.100.

c. All buildings shall be set back at least 15 feet from property lines abutting residential zones.

d. All building facades (front, rear, sides of unit) shall be set back from the NE Halsey Street right-of-way a minimum distance of 20 feet.

e. All buildings shall have their first floors occupied exclusively by commercial/office uses, except for the special “VC flex” area located on the extreme western portion of the VC zone, as depicted in Figure V-1, following Chapter 19.155 FMC, where residential uses are allowed on the first floors.

2. Within the VMU zone:

a. The VMU area shall be occupied by townhomes and commercial uses.

b. Parking lots shall occupy no more than 50 percent of the street frontage. One or more pedestrian accessways connecting parking lots to adjacent streets shall be provided at a minimum frequency of 250 feet along the street frontage.

c. Retail structure facades must extend to the right-of-way along at least 75 percent of the lot line; or

Retail structure facades must extend to within 12 feet of the lot line for 75 percent of the lot line and the space between the building and the lot line must be designed as an extension of the sidewalk and committed to active uses such as sidewalk cafes, vendor’s stands, or developed as “stopping places.”

Such facades shall conform to the blank wall standard described in FMC 19.140.100.

d. All buildings shall be set back at least five feet from property lines abutting residential areas.

e. Awnings may extend up to four feet into a public right-of-way. Awnings shall have a minimum clearance of 7.0 feet and a maximum height of 12.5 feet. Awning covering material shall be metal, glass, canvas or any combination thereof.

f. Buildings in the “four corners area” of the VMU zone (delineated in Figure V-1, following Chapter 19.155 FMC) shall have a minimum front facade height of 18 feet as measured from the finished street grade with residential uses restricted to the second and/or third floor.

B. Density. Residential density shall not exceed 45 units per acre.

C. Maximum Lot Coverage. Buildings shall cover no more than 75 percent of each lot in the zone.

D. Height Restrictions. Buildings within the Village commercial or Village mixed use zone shall not exceed 45 feet in height except that tower elements may be 60 feet in height with a footprint of no more than 400 square feet.

Building front facade height, as measured from the street grade, shall be no less than 18 feet.

E. Special Development Standards. All development in these zones shall comply with applicable development standards in Chapter 19.150 FMC.

F. Design Review. Design review is required for all uses in the VC and VMU zones. (Ord. 4-2004 § 2; Ord. 6-2001 § 1)

A. Pedestrian ways shall be provided from subdivisions and multi-unit developments to:

1. Commercial facilities and public amenities such as existing or planned transit stops or facilities, school, park, church, day care center, children’s play area, outdoor activity areas, plazas, library, or similar facility;

2. A dead-end street, loop, or mid-block where the block is longer than 600 feet; and

3. Streets or pedestrian ways which abut the site.

B. Except as provided in FMC 19.140.020(B) and (H), pedestrian ways shall include at least a 10-foot right-of-way with a minimum five-foot wide paved surface and shall have a maximum slope of five percent wherever practical.

C. Pedestrian ways shall be illuminated so that they may be safely used at night and shall be direct with at least one end of the pedestrian way always visible from any point along the pedestrian way.

D. The maximum height of a fence along such a facility shall not exceed four feet.

E. Bollards or other similar treatments may be required in order to prevent cars from entering the pedestrian way.

F. All pedestrian ways shall be landscaped in conformance with FMC 19.140.070.

G. Pedestrian ways depicted on the Fairview Village trail system plan shall be constructed in conjunction with development of the same lot or parcel consistent with the provisions of Chapter 19.155 FMC. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

A. Pedestrian ways shall provide direct connections to other portions of the site such as buildings, parking lots, child play areas and outdoor pedestrian-oriented activity areas such as plazas, resting areas and viewpoints.

B. Pedestrian ways shall be constructed of concrete or paving bricks and be at least five feet in unobstructed width. ADA certified curb ramps shall be provided where pedestrian ways intersect with streets.

C. Pedestrian ways shall be illuminated throughout the length with pedestrian scale lighting not to exceed 20 feet in height having a minimum of 0.5 foot-candle power average illumination and oriented so as not to shine directly upon adjacent residences.

D. Pedestrian ways and pedestrian areas shall be separated from automobile and truck circulation, parking, and loading whenever possible.

E. Where a pedestrian way crosses driveways, parking areas, or similar vehicle maneuvering areas, the pedestrian way shall be readily identifiable through the use of elevation changes, speed bumps, different paving materials, or other similar methods.

F. Where the pedestrian way is parallel and adjacent to an auto travel lane, the safety of the pedestrian shall be assured through a raised path or shall be separated from the auto travel lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used, the ends of the raised portions shall be equipped with ADA certified curb ramps.

G. Pedestrian ways shall provide a direct connection between all new development and adjacent streets. Stub connections shall be required between developments and neighboring sites not yet developed or capable of being further subdivided or partitioned.

The connections shall be completed when the neighboring site is developed.

H. Pedestrian ways bordering parking spaces shall be at least seven feet in unobstructed width or a minimum of five feet in unobstructed width when concrete bumpers, bollards, curbing, landscaping, or other similar improvements are provided which prevent parked vehicles from obstructing the pedestrian way.

I. A reduction in the number of pedestrian connections may be granted by the review authority based on a determination that reducing the number of connections would not result in an increase in out of direction pedestrian travel from the street to any main building entrance. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

Streets within Fairview Village shall comply with the design standards outlined in Figure V-3, following Chapter 19.155 FMC.

A. Cul-de-sacs are permitted only when topographic conditions or existing or planned street patterns preclude future extension of streets. The maximum cul-de-sac radius shall be 40 feet.

B. All alleys shall constitute public streets with a minimum right-of-way of 16 feet.

C. Intersection dimensions should be minimized to reduce pedestrian crossing distances and to reduce vehicle speeds. At intersections in all Fairview Village zones, curb radii shall be 15 feet with clear zone radii of 25 feet. (Figure V-4, following Chapter 19.155 FMC.)

D. Vision Clearance Areas.

1. Structures or signs may not be located within a vision clearance area as defined in subsection (D)(2) of this section. Support structures for a sign may be located in a vision clearance area only if the combined total width is 12 inches or less and the combined total depth is 12 inches or less.

2. Location of Vision Clearance Areas. Vision clearance areas are triangular-shaped areas located at the intersection of any combination of streets and/or alleys. The sides of the triangle extend 15 feet from the intersection of the vehicle travel areas. The height of the vision clearance area is from 42 inches above grade to 10 feet above grade (see Figure V-2, following Chapter 19.155 FMC). This standard shall not apply to public safety signage and street identification signage. (Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

Repealed by Ord. 3-2025. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 2 (Exh. 2); Ord. 4-2004 § 3; Ord. 6-2001 § 1)

A. Location. Street trees are required along both sides of all collector streets and local streets within the Village adjacent to new development and on at least one side of streets with a higher classification. The spacing requirement shall be on average one tree per 30 linear feet unless the community development director approves a different distance due to constraints such as utilities, rights-of-way, etc. Along collector streets or streets with a higher classification, metal grating, nonmortared brick, grasscrete, or similar material shall be installed at grade over the planting area around street trees, or raised planters shall be constructed to prevent soil compaction and damage to the trunk. Planting strips or tree wells are required along all remaining streets.

B. Tree Types. The type of tree to be planted shall be in accordance with the approved street tree list in the city’s sidewalk maintenance program handbook. (Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

The site must be contoured, planted, or developed to prevent erosion, pollution, and sedimentation into adjacent natural resource areas within six weeks of the issuance of the certificate of occupancy. Erosion control techniques must meet city of Fairview erosion control handbook standards. (Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

In all VTH and VA zones, where the area to be landscaped is less than 30 feet deep, the requirement shall be on average one tree per 30 linear feet. Where the area is 30 feet deep or greater, the requirement is one tree per 800 square feet and either two high shrubs or three low shrubs per 400 square feet of landscaped area. The shrubs and trees may be grouped; provided, that ground cover plants must fully cover the remainder of landscaped area. The landscaping details for the various, respective sectors of Fairview Village shall be presented in a landscape plan in design review or in a development permit application.

A. Trees may be deciduous or evergreen. Deciduous trees at the time of planting must be fully branched, have a minimum diameter of two inches, measured five feet above the ground, and have a minimum height of 10 feet. Evergreen trees at the time of planting must be fully branched and a minimum of six feet in height.

B. Low shrubs must form a continuous screen three feet high and 95 percent opaque year-round. High shrubs must form a screen six feet high and 95 percent opaque year-round.

C. Groundcover plants shall be installed on all areas where slopes are five to one or steeper and must be installed at a minimum of 18 inches on center and four-inch pots at time of planting.

D. All required groundcover plants and shrubs must be of sufficient size and quantity to meet the required standards within three years of planting. The use of mulch must be confined to areas underneath plants and shall not be considered a substitute for groundcover plants.

E. The required materials are shown in Figure V-6, following Chapter 19.155 FMC. (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

Repealed by Ord. 3-2012. (Ord. 6-2001 § 1)

A. Number Required.

1. Multi-unit dwelling: one space per unit (.25 per unit if occupancy restricted to 55 years or older).

2. Commercial use classifications: five percent of the requirement for automobile parking spaces, except for the following classifications, which are exempt:

a. Animal sales and service.

b. Auto-related uses.

c. Warehousing – Wholesale and distribution.

B. Bicycle Parking Space and Aisle Dimensions.

1. Uncovered spaces shall be at least six feet long and two feet wide.

2. Covered spaces shall be at least seven feet long and two feet wide.

3. A five-foot-wide aisle is required adjacent to each row of bicycle parking.

C. Required bicycle parking racks shall be located no further than the closest automobile parking space from the major building entrance.

D. When more than seven bicycle parking spaces are required, 50 percent of the spaces shall be covered.

E. When more than 15 covered bicycle parking spaces are required, 50 percent of the covered spaces shall be enclosed and offer a high level of security (i.e., bicycle lockers or a locked cage or room with locking facilities inside, to provide safe long-term parking). (Ord. 1-2024 § 1 (Att. A); Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

Windows must occupy at least 50 percent of the length and 25 percent of the ground level wall area. Ground level wall areas include all exterior wall areas up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks, plazas, or other public open spaces. Walls may be recessed three feet in maximum increments of 15 feet with landscaping in lieu of windows. Recess landscaping shall obscure the wall year-round. (Ord. 11-2014 § 2 (Exh. 2); Ord. 6-2001 § 1)

Repealed by 2-2010. (Ord. 8-2009 § 2; Ord. 6-2001 § 1)

The special standards provided in this chapter apply in the Village single-family (VSF), Village town house (VTH) and Village apartment (VA) zones unless otherwise provided. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Primary entries shall be accessed directly from a public street and must be visible from the street.

B. A minimum of every other residential unit within a block frontage shall have a front porch. Residential units without front porches shall not be constructed on adjacent lots.

C. Front porches may encroach into front setback and are not subject to lot coverage limitations. (Ord. 6-2001 § 1)

Window trim in the VSF, VTH, and VA zones shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb, head and sill. (Ord. 6-2001 § 1)

Hipped gambrel or gabled roofs are required. The pitch of the roof shall be no less than 4:12. Flat roofs are not permitted except for mechanical equipment areas in VA zones. Thirty-inch-high parapets are required along street facades where flat roofs are used. Flat roofs are not permitted in VSF and VTH zones. (Ord. 6-2001 § 1)

Fences, screens, and sight-obscuring plantings shall meet the intersection sight distance requirements as established by city engineering department.

The maximum height of a fence, screen, or sight-obscuring plantings shall be six feet along the side and rear yards back from the front building line and four feet forward of the front building line. (Ord. 6-2001 § 1)

Publicly owned and operated parks, playgrounds, recreational and community buildings and related improvements such as tennis courts, and similar recreational uses; provided, that any principal building, swimming pool, or use shall be located not less than 45 feet (VSF) or 30 feet (VTH and VA) from any other lot in the same zone. (Ord. 6-2001 § 1)

In all VTH and VA zones, a minimum of 25 percent of site area shall be landscaped in conformance with FMC 19.140.070. (Ord. 6-2001 § 1)

Exterior finishes and fences shall be wood and/or masonry. (Ord. 6-2001 § 1)

On lots that abut alleys, automobile access to garages shall be exclusively from the alley. No driveway access onto the street will be allowed. (Ord. 6-2001 § 1)

The special standards provided in this chapter apply in the Village office (VO), Village commercial (VC) and Village mixed use (VMU) zones unless otherwise provided. (Ord. 6-2001 § 1)

A. Pedestrians. Pedestrian ways shall connect the Village commercial zone with transit facilities and with NE Halsey Street.

B. Motor Vehicles. The location, design and development of access and on-site circulation shall comply with the following:

1. Shared driveway entrances, rear yard parking, shared parking and maneuvering areas, and interior driveways between parking lots shall be required for all nonresidential uses.

2. The maximum width for a driveway shall be 35 feet.

3. Within the Village commercial, mixed use, and Village office, a minimum of five percent, but not fewer than one space, of the employee parking spaces shall be marked and signed for exclusive use as carpool/vanpool spaces. Required carpool/vanpool spaces shall be located closer to the major building entrance than all other spaces except handicapped spaces.

4. Village office parking lots shall be placed behind buildings or behind a five-foot landscaped buffer; provided, that such parking lots shall not front more than 50 percent of the block frontage of any public street. (Ord. 6-2001 § 1)

A. Primary entries shall face a public street or designated pedestrian way and shall be accessed from a public sidewalk. The entries shall be open to the public during all business hours. Secondary entries may face parking lots or loading areas.

B. VCM upper story residential uses shall have shared or individual entries every 70 feet on the first level only; no outside staircases are allowed. (Ord. 6-2001 § 1)

All VO and VC building facades shall conform to FMC 19.140.100, Blank wall standard. (Ord. 6-2001 § 1)

Hipped, gambrel or gabled roofs are required. Flat roofs are not permitted except for mechanical equipment areas in VMU zones. Thirty-inch high parapets are required along all street facades where flat roofs are used. (Ord. 6-2001 § 1)

Exterior finishes of buildings shall be primarily of materials such as masonry, wood siding, shingles or stucco (or similar material). Sheet metal, cinder block, and T1-11 are prohibited as exterior wall material. (Ord. 6-2001 § 1)

A minimum of 15 percent of the developed VO and VC site areas must be used for landscaping.

A. Parking and service areas shall be screened from adjacent residential zones. This requirement may be modified during development design review to accommodate required pedestrian access to the site, but in no case shall pedestrian access be eliminated.

B. Parking lots shall have at least one tree on average for every six parking spaces, distributed throughout the interior of the parking area to provide maximum shading.

C. Parking lots shall be placed behind buildings or a 10-foot buffer landscaped in conformance with FMC 19.140.070. (See also Setbacks and Configuration.) (Ord. 6-2001 § 1)

A. All primary and accessory uses associated with Village office and Village commercial uses, including storage of materials, products, or waste, shall be wholly contained within an approved structure.

B. Parking and service areas shall be screened from pedestrian ways or public right-of-way by a three-foot-high hedge or sight-obscuring wall.

C. Loading areas and dumpsters shall be screened from public rights-of-way and pedestrian ways by walls, trellises, fences, or landscaping.

D. Mechanical equipment and satellite dishes over one meter in size shall be screened from view from any pedestrian way or public right-of-way. (Ord. 6-2001 § 1)

All trails will be built according to the Fairview Village trail master plan. (Ord. 6-2001 § 1)

A. Loading areas within a street right-of-way in the Fairview Village may be approved when all of the following conditions are met:

1. Area is signed for short duration only (i.e., less than one hour);

2. Expected visits are infrequent (less than three operations occur daily between 7:00 a.m. and 6:00 p.m. or all operations occur between 12:00 a.m. and 5:00 a.m. at a location that is not adjacent to a residential zone);

3. Area does not unreasonably obstruct traffic;

4. Area does not obstruct a primary emergency response route; and

5. Designation is acceptable to the applicable roadway authority. (Ord. 2-2017 § 1 (Exh. A))

The public recreational trail requirements are intended to increase recreational opportunities within the city of Fairview, help create a pleasant, aesthetically pleasing urban environment, and provide consistent standards for trail development. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

The trail system will generally occur within the wetland and upland park/open space areas, and other selected alignments within the developed portions of the Village. The pedestrian ways and/or trail system will provide internal and external connections between the wetland and upland park/open space areas, other Village open spaces, and to adjacent commercial and residential development. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

The trail system shall be designed to provide multiple access points for the public. The trail surface itself and the associated access points shall satisfy ADA requirements and be suitable for walking, running, and bicycling. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

The portion of the trail system located on the site for new development shall be constructed by the developer prior to occupancy. The city of Fairview shall extend system development charge credit to the developer equal to the land costs and actual costs for trail and park development as referenced in the city parks recreation/open space master plan. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

The trail system and associated pedestrian ways and access points within the wetland and upland park/open space areas shall either be dedicated to the city, an easement granted to the city, or funds provided to the city in lieu of dedication. A legal instrument or mechanism shall be developed that will allow the city to acquire park/open space sites through dedications or to receive funds in lieu of dedications that will allow the city to acquire park/open space sites in adjacent areas, in accordance with the city’s parks and recreation/open spaces master plan. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

Trails, pedestrian ways and access points within Fairview Village shall be operated and maintained by the city. (Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

The location and distribution of planned parks and open spaces are shown on Figure V-10, following this chapter. (Ord. 5-2022 § 3 (Att. C); Ord. 11-2014 § 3 (Exh. 3); Ord. 6-2001 § 1)

Figure V-1 – Fairview Village Proposed Land Use Plan

Figure V-2 – Fairview Village Vision Clearance

Figure V-3 – Fairview Village Street Plan and Section

Figure V-4 – Fairview Village Intersection Dimensions

Figure V-6 – Fairview Village Plant List

Figure V-8 – Fairview Village Monument Entry Signage

Figure V-9 – Fairview Village VA and Institutional Signage

Figure V-10 – Fairview Village Parks, Open Spaces and Circulation